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

The following provision is not in force.
Marginal note:Jurisdiction

  • 16. (1) Where a person is alleged to have committed an offence under this Act, proceedings in respect of that offence may be commenced at the instance of the Government of Canada and conducted by the Attorney General of Canada or counsel acting on his or her behalf in any territorial division in Canada, if the offence is alleged to have occurred outside the province in which the proceedings are commenced, whether or not proceedings have previously been commenced elsewhere in Canada.

  • Marginal note:Trial and punishment

    (2) An accused may be tried and punished in respect of an offence referred to in subsection (1) in the same manner as if the offence had been committed in the territorial division where the proceeding is conducted.

INFORMATION AND DOCUMENTS

The following provision is not in force.
Marginal note:Information and documents

17. Every person who develops, produces, retains, stockpiles, otherwise acquires or possesses, uses, transfers, exports or imports any microbial or other biological agent, any toxin or any related equipment identified in the regulations shall

  • (a) provide such information, at such times and in such form, as may be specified by the regulations, to the responsible authority or to any other portion of the public service of Canada specified by the regulations; and

  • (b) keep and maintain in Canada the documents specified by the regulations, at the person's place of business or at such other place as may be designated by the Minister, in the manner and for the period that is specified by the regulations and, on request by the Minister or the responsible authority, provide the documents to the responsible authority or to any other portion of the public service of Canada specified by the regulations.

The following provision is not in force.
Marginal note:Notice for disclosure of information

  • 18. (1) The Minister may send a notice to any person who the Minister believes on reasonable grounds has information or documents relevant to the enforcement of this Act, requesting the person to provide the information or documents to the Minister.

  • Marginal note:Compliance with notice

    (2) A person who receives a notice referred to in subsection (1) shall provide the requested information and documents that are under the person's care or control to the Minister in the form and within the time specified in the notice.

The following provision is not in force.
Marginal note:Confidential information

19. No person who obtains information or documents pursuant to this Act or the Convention from a person who consistently treated them in a confidential manner shall knowingly, without the written consent of that person, communicate them or allow them to be communicated to any person, or allow any person to have access to them, except

  • (a) for the purpose of the enforcement or application of this Act or any other Act of Parliament;

  • (b) pursuant to an obligation of the Government of Canada under the Convention; or

  • (c) to the extent that they are required to be disclosed or communicated in the interest of public safety.