An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety (S.C. 2004, c. 15)
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Assented to 2004-05-06
PART 1R.S., c. A-2AERONAUTICS ACT
Marginal note:R.S., c. 33 (1st Supp.), s. 1
15. Subsection 7.3(3) of the Act is replaced by the following:
Marginal note:Contravention of Part, regulation, etc.
(3) Except as otherwise provided by this Part, every person who contravenes a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part is guilty of an offence punishable on summary conviction.
Marginal note:Contravention of subsection 4.81(1)
(3.1) Despite subsections (4) and (5), every air carrier or operator of an aviation reservation system who fails to comply with a requirement under subsection 4.81(1) or 4.82(4) or (5) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
16. Paragraph 7.4(5)(b) of the Act is replaced by the following:
(b) exercised reasonable care to satisfy himself or herself that the aircraft concerned was not likely to be used in contravention of this Part or any regulation, notice, order, security measure or emergency direction made under this Part,
17. The Act is amended by adding the following after section 7.4:
Marginal note:Prohibition — unruly or dangerous behaviour
7.41 (1) No person shall engage in any behaviour that endangers the safety or security of an aircraft in flight or of persons on board an aircraft in flight by intentionally
(a) interfering with the performance of the duties of any crew member;
(b) lessening the ability of any crew member to perform that crew member's duties; or
(c) interfering with any person who is following the instructions of a crew member.
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1) is liable
(a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; and
(b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than eighteen months, or to both.
Deeming — “in flight”
(3) For the purpose of subsection (1), an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the time at which any external door is opened for the purpose of disembarkation.
Marginal note:Application
(4) This section applies despite subsections 7.3(4) and (7).
Marginal note:R.S., c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 19
18. Paragraphs 7.6(1)(a) and (b) of the Act are replaced by the following:
(a) designate any provision of this Part or of any regulation, notice, order or security measure made under this Part, in this section and in sections 7.7 to 8.2 referred to as a “designated provision”, as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2;
(a.1) if subsection 4.81(1) or 4.82(4) or (5) is a designated provision, prescribe the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed $50,000; and
(b) prescribe, in respect of any other designated provision, the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed
(i) $5,000, in the case of an individual, and
(ii) $25,000, in the case of a corporation.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
19. Paragraph 8.3(1)(a) of the Act is replaced by the following:
(a) in the opinion of the Minister, the removal from the record would not be in the interest of aviation safety or security; or
Marginal note:R.S., c. 33 (1st Supp.), s. 1
20. Section 8.5 of the Act is replaced by the following:
Marginal note:Defence
8.5 No person shall be found to have contravened a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part if the person exercised all due diligence to prevent the contravention.
Marginal note:R.S., c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 23(F)
21. (1) Paragraph 8.7(1)(a) of the Act is replaced by the following:
(a) enter, for the purposes of making inspections or audits relating to the enforcement of this Part, any aircraft, aerodrome or other aviation facility, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the Canadian Air Transport Security Authority, regardless of whether or not the inspection or audit relates to that place or to the person who possesses or controls it;
(a.1) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, copying;
(2) Section 8.7 of the Act is amended by adding the following after subsection (1):
Marginal note:Operation of computer systems and copying equipment
(1.1) In carrying out an inspection or audit in any place referred to in paragraph (1)(a) or an investigation under paragraph (1)(b), the Minister may
(a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;
(b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and
(c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.
22. The Act is amended by adding the following after section 8.7:
Marginal note:Duty to assist Minister
8.8 The owner or person who is in possession or control of a place that is inspected or audited under subsection 8.7(1), and every person who is found in the place, shall
(a) give the Minister all reasonable assistance to enable the Minister to carry out the inspection or audit and exercise any power conferred on the Minister by that subsection; and
(b) provide the Minister with any information relevant to the administration of this Act or the regulations, notices, orders, security measures or emergency directions made under this Part that the Minister may reasonably require.
23. The Act is amended by adding the schedule set out in the schedule to this Act.
PART 22002, c. 9, s. 2CANADIAN AIR TRANSPORT SECURITY AUTHORITY ACT
24. The definitions “screening” and “screening point” in section 2 of the Canadian Air Transport Security Authority Act are replaced by the following:
“screening”
« contrôle »
“screening” means screening, including a search, performed in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders made under the Aeronautics Act.
“screening point”
« point de contrôle »
“screening point” means a point where screening is delivered, either directly or through a screening contractor, by the Authority or by an authorized aerodrome operator acting on behalf of the Authority, in order to meet the requirements of aviation security regulations, security measures, emergency directions or interim orders made under the Aeronautics Act.
25. Section 29 of the Act is replaced by the following:
Marginal note:Policing
29. The Authority may, with the approval of the Treasury Board, enter into agreements with the operator of any aerodrome designated by regulation for the purposes of contributing to the costs of policing incurred by that operator in carrying out their responsibilities.
PART 31999, c. 33CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
26. The definitions “environmental emergency” and “substance” in section 193 of the Canadian Environmental Protection Act, 1999 are replaced by the following:
“environmental emergency”
« urgence environnementale »
“environmental emergency” means
(a) an uncontrolled, unplanned or accidental release, or release in contravention of regulations or interim orders made under this Part, of a substance into the environment; or
(b) the reasonable likelihood of such a release into the environment.
“substance”
« substance »
“substance” means, except in sections 199 and 200.1, a substance on a list of substances established under regulations or interim orders made under this Part.
27. The Act is amended by adding the following after section 200:
Marginal note:Interim orders
200.1 (1) The Minister may make an interim order, in respect of a substance, that contains any provision that may be contained in a regulation made under this Part, if
(a) the substance
(i) is not on the list established under regulations made under this Part and the Ministers believe that, if it enters the environment as a result of an environmental emergency,
(A) it would have or may have an immediate or long-term harmful effect on the environment or its biological diversity,
(B) it would constitute or may constitute a danger to the environment on which human life depends, or
(C) it would constitute or may constitute a danger in Canada to human life or health, or
(ii) is on that list and the Ministers believe that it is not adequately regulated; and
(b) the Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health.
Marginal note:Effect of order
(2) Subject to subsection (3), an interim order has effect
(a) from the time it is made; and
(b) as if it were a regulation made under this Part.
Marginal note:Approval of Governor in Council
(3) An interim order ceases to have effect unless it is approved by the Governor in Council within 14 days after it is made.
Marginal note:Consultation
(4) The Governor in Council shall not approve an interim order unless the Minister has
(a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and
(b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.
Marginal note:Recommendation of regulations
(5) If the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Minister intends to recommend to the Governor in Council
(a) that a regulation having the same effect as the order be made under this Part; and
(b) if the order was made in respect of a substance that was not on the list established under regulations made under this Part, that the substance be added to that list.
Marginal note:Contravention of unpublished order
(6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Marginal note:Cessation of effect
(7) Subject to subsection (3), an interim order ceases to have effect on the earliest of
(a) the day it is repealed,
(b) the day a regulation referred to in subsection (5) is made, and
(c) two years after the order is made.
Marginal note:Tabling of order
(8) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
Marginal note:House not sitting
(9) In order to comply with subsection (8), the interim order may be sent to the Clerk of the House if the House is not sitting.
28. (1) The portion of subsection 201(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Remedial measures
201. (1) Subject to any regulations made under subsection 200(1) or any interim orders made under section 200.1, if there occurs an environmental emergency in respect of a substance on a list established under the regulations or interim orders, any person described in subsection (2) shall, as soon as possible in the circumstances,
(a) notify an enforcement officer or any other person designated by regulation or interim order and provide a written report on the environmental emergency to the enforcement officer or other person;
(2) Subsection 201(3) of the Act is replaced by the following:
Marginal note:Report by other persons
(3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report an environmental emergency to an enforcement officer or to a person designated by regulation or interim order if their property is affected by the environmental emergency.
29. Subsection 202(1) of the Act is replaced by the following:
Marginal note:Voluntary report
202. (1) If a person knows about an environmental emergency but the person is not required to report the matter under this Act, the person may report any information about the environmental emergency to an enforcement officer or to a person designated by regulation or interim order.
30. The portion of section 331 of the Act before paragraph (a) is replaced by the following:
Marginal note:Exemption from Statutory Instruments Act
331. An interim order made under section 94, 163, 173, 183 or 200.1
31. Subsection 332(1) of the Act is replaced by the following:
Marginal note:Publication of proposed orders and regulations
332. (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in section 66, 87, 105 or 112 or an interim order made under section 94, 163, 173, 183 or 200.1.
PART 4R.S., c. C-46CRIMINAL CODE
32. The Criminal Code is amended by adding the following after section 83.23:
Hoax Regarding Terrorist Activity
Marginal note:Hoax — terrorist activity
83.231 (1) Every one commits an offence who, without lawful excuse and with intent to cause any person to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property,
(a) conveys or causes or procures to be conveyed information that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing the information to be true; or
(b) commits an act that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing that such activity is occurring or will occur.
Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
Marginal note:Causing bodily harm
(3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Marginal note:Causing death
(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.
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