An Act to implement the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (S.C. 2004, c. 15, s. 106)

Act current to 2012-05-02

An Act to implement the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

S.C. 2004, c. 15, s. 106

Assented to 2004-05-06

An Act to implement the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

[Enacted by section 106 of chapter 15 of the Statutes of Canada, 2004, not in force.]

SHORT TITLE

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Marginal note:Short title

1. This Act may be cited as the Biological and Toxin Weapons Convention Implementation Act.

IMPLEMENTATION OF CONVENTION

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Definition of “Minister”

2. In this Act, “Minister” means the member of the Queen's Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of this Act.

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Marginal note:Purpose of Act

3. The purpose of this Act is to fulfil Canada's obligations under the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, which entered into force on March 26, 1975, as amended from time to time pursuant to Article XI of that Convention.

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Marginal note:Publication of amendments

4. The Minister shall, as soon as practicable after any amendment to the Convention is made pursuant to Article XI of the Convention, cause a copy of the amendment to be published in the Canada Gazette.

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Marginal note:Act binding on Her Majesty

5. This Act is binding on Her Majesty in right of Canada or a province.

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Marginal note:Prohibition

  • 6. (1) No person shall develop, produce, retain, stockpile, otherwise acquire or possess, use or transfer

    • (a) any microbial or other biological agent, or any toxin, for any purpose other than prophylactic, protective or other peaceful purposes; or

    • (b) any weapon, equipment or means of delivery designed to use such an agent or toxin for hostile purposes or in armed conflict.

  • Marginal note:Biological defence

    (2) For greater certainty, subsection (1) does not prohibit any program or activity carried out or authorized by Canada and specifically designed to protect or defend humans, animals or plants against the use of any microbial or other biological agent or toxin for hostile purposes or in armed conflict, or to detect or assess the impact of such use.

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Marginal note:Authorization under regulations

  • 7. (1) Except as authorized under the regulations or any Act of Parliament, no person shall develop, produce, retain, stockpile, otherwise acquire or possess, use or transfer any microbial or other biological agent or toxin identified in the regulations.

  • Marginal note:Exportation or importation

    (2) Except as authorized under the Export and Import Permits Act or any other Act of Parliament, no person shall export or import a microbial or other biological agent or toxin identified in the regulations made under this Act.