Defence Production Act (R.S.C., 1985, c. D-1)

Act current to 2016-06-21 and last amended on 2015-02-26. Previous Versions

 [Repealed, 2000, c. 31, s. 2]

General

Marginal note:Non-disclosure of information

 No information with respect to an individual business that has been obtained under or by virtue of this Act shall be disclosed without the consent of the person carrying on that business, except

  • (a) to a government department, or any person authorized by a government department, requiring the information for the purpose of the discharge of the functions of that department; or

  • (b) for the purposes of any prosecution for an offence under this Act or, with the consent of the Minister, for the purposes of any civil suit or other proceeding at law.

  • R.S., c. D-2, s. 23.
Marginal note:Powers of specific government companies

 The Canadian Commercial Corporation or a company to which the Government Corporations Operation Act applies has capacity and power to make arrangements to act on behalf of the Minister under this Act or to enter into contracts to act as agent of Her Majesty under this Act and the making of those arrangements or the entry into those contracts and the carrying out thereof shall be deemed to be included in the objects and purposes for which the Corporation or the company was incorporated.

  • R.S., c. D-2, s. 24.
Marginal note:Paramount powers under this Act

 The powers conferred by this Act may be exercised notwithstanding anything contained in the Public Works Act.

  • R.S., c. D-2, s. 25.
Marginal note:Orders and regulations

 The Governor in Council may make orders and regulations to carry out the purposes and provisions of this Part.

  • R.S., 1985, c. D-1, s. 33;
  • 2000, c. 31, s. 3.
Marginal note:Regulations to be published
  •  (1) Every regulation, as defined in the Statutory Instruments Act, made under the authority of this Part shall be published in the Canada Gazette within 30 days after it is made.

  • Marginal note:Motion to revoke or amend

    (2) Where a regulation has been published in the Canada Gazette pursuant to subsection (1), a notice of motion in either House signed by ten members thereof and made in accordance with the rules of that House within seven days of the day the regulation was published or, if that House is not then sitting, on any of the first seven days next thereafter that that House is sitting, praying that the regulation be revoked or amended, shall be debated in that House at the first convenient opportunity within the four sitting days next after the day the motion in that House was made.

  • R.S., 1985, c. D-1, s. 34;
  • 2000, c. 31, s. 4.

PART 2Regulation of Access to Controlled Goods

Interpretation

Marginal note:Definition of “controlled goods”

 In this Part, controlled goods means the goods referred to in the schedule.

  • 2000, c. 31, s. 5.

Application

Marginal note:Excluded persons

 This Part does not apply to a person who

  • (a) occupies a position in the federal public administration, including a position in a federal Crown corporation, or is employed by Her Majesty in right of a province, who acts in good faith in the course of their duties and employment; or

  • (b) is a member of a class of persons prescribed by regulation.

  • 2000, c. 31, s. 5;
  • 2003, c. 22, s. 159(E).

Offences

Marginal note:Prohibitions
  •  (1) No person shall, unless the person is registered under section 38 or exempt from registration under section 39 or 39.1, knowingly examine or possess a controlled good or transfer a controlled good to another person.

  • Marginal note:Offence re person registered or exempt

    (2) No person registered or exempt from registration shall knowingly transfer a controlled good to or permit the examination of a controlled good by a person who is not registered or exempt from registration.

  • Marginal note:Definition of “transfer”

    (3) In this section, transfer means, in respect of a controlled good, to dispose of it or disclose its content in any manner.

  • Marginal note:Scope of registration

    (4) The registration of a person extends to the officers, directors and employees authorized by the registered person in accordance with the regulations.

  • 2000, c. 31, s. 5.

Registration

Marginal note:By Minister
  •  (1) The Minister may, in accordance with the regulations, register any person who makes an application for registration and may, for that purpose, request any information that in the opinion of the Minister is necessary.

  • Marginal note:Conditions

    (2) A registration or its renewal is subject to conditions prescribed by regulation and any conditions that in the opinion of the Minister are appropriate.

  • Marginal note:Denial — security assessment

    (3) The Minister may deny an application for registration or suspend, amend or revoke a registration on the basis of a security assessment prescribed by regulation.

  • Marginal note:Certificate of registration

    (4) The Minister shall furnish a registered person with a certificate of that registration in a form that the Minister may specify.

  • 2000, c. 31, s. 5.

Exemption

Marginal note:By regulation

 Individuals of a class prescribed by regulation are exempt from registration.

  • 2000, c. 31, s. 5.
Marginal note:By Minister
  •  (1) The Minister may, in accordance with the regulations, exempt an individual from registration and may, for that purpose, request any information that in the opinion of the Minister is necessary.

  • Marginal note:Conditions

    (2) An exemption or its renewal is subject to conditions prescribed by regulation and any conditions that in the opinion of the Minister are appropriate.

  • Marginal note:Denial — security assessment

    (3) The Minister may deny, suspend, amend or revoke an exemption on the basis of a security assessment prescribed by regulation.

  • Marginal note:Certificate of exemption

    (4) If an exemption is granted, the Minister shall furnish, in accordance with the regulations, a certificate of exemption in a form that the Minister may specify.

  • 2000, c. 31, s. 5.

Report

Marginal note:To Minister

 Every registered person shall provide the Minister with any information prescribed by regulation, in the manner and time prescribed by regulation.

  • 2000, c. 31, s. 5.

Inspection

Marginal note:Designation of inspectors
  •  (1) The Minister may designate persons or classes of persons whom the Minister considers qualified to act as inspectors for the purposes of this Part.

  • Marginal note:Certificate of designation

    (2) The Minister shall furnish every inspector with a certificate of designation as an inspector and, on entering any place or inspecting any thing, an inspector shall show the certificate to the person apparently in charge of the place or thing if the person requests proof of the inspector’s designation.

  • 2000, c. 31, s. 5.
Marginal note:Inspection of facilities
  •  (1) For the purpose of ensuring compliance with this Part and the regulations, an inspector may at any reasonable time enter and inspect any place.

  • Marginal note:Powers of inspector

    (2) When conducting the inspection, the inspector may

    • (a) require the attendance of and question any person who the inspector considers will be able to assist in the inspection;

    • (b) require any person to produce for inspection or copying any document that the inspector believes contains any information relevant to the administration of this Part or the regulations;

    • (c) detain or remove any controlled good, until the inspector is satisfied that the requirements of this Part and the regulations are met; and

    • (d) require that any individual in charge of a place that is the subject of an inspection take any measures that the inspector considers appropriate.

  • Marginal note:Inspector may be accompanied

    (3) While exercising any authority under this Part, an inspector may be accompanied by any other person chosen by the inspector.

  • 2000, c. 31, s. 5.
 
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