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)
Full Document:
- HTMLFull Document: 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 (Accessibility Buttons available) |
- PDFFull Document: 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 [558 KB]
Assented to 2004-05-06
PART 31999, c. 33CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
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.
PART 51994, c. 31DEPARTMENT OF CITIZENSHIP AND IMMIGRATION ACT
33. Section 5 of the Department of Citizenship and Immigration Act is replaced by the following:
Marginal note:Agreements
5. (1) The Minister, with the approval of the Governor in Council, may enter into agreements with any province or group of provinces or with any foreign government or international organization, for the purpose of facilitating the formulation, coordination and implementation — including the collection, use and disclosure of information — of policies and programs for which the Minister is responsible.
Marginal note:Arrangements
(2) The Minister may enter into arrangements with any province or group of provinces or with any foreign government or international organization, for the purpose of facilitating the formulation, coordination and implementation — including the collection, use and disclosure of information — of policies and programs for which the Minister is responsible.
PART 61996, c. 8DEPARTMENT OF HEALTH ACT
34. The Department of Health Act is amended by adding the following after section 11:
Interim Orders
Marginal note:Interim orders
11.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under section 11 if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Marginal note:Cessation of effect
(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(a) 14 days after it is made, unless it is approved by the Governor in Council,
(b) the day on which it is repealed,
(c) the day on which a regulation made under section 11, that has the same effect as the interim order, comes into force, and
(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Marginal note:Contravention of unpublished order
(3) 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:Exemption from Statutory Instruments Act
(4) An interim order
(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
(b) shall be published in the Canada Gazette within 23 days after it is made.
Marginal note:Deeming
(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Marginal note:Tabling of order
(6) 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
(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
PART 7R.S., c. E-17EXPLOSIVES ACT
Marginal note:1993, c. 32, s. 1
35. The long title of the Explosives Act is replaced by the following:
36. (1) The definition “inspector” in section 2 of the Act is replaced by the following:
“inspector”
« inspecteur »
“inspector” means the Chief Inspector of Explosives, an inspector of explosives and a deputy inspector of explosives appointed under section 13, and any other person who is directed by the Minister to inspect an explosive, a restricted component, a vehicle, a licensed factory or a magazine, or to hold an inquiry in connection with any accident caused by an explosive;
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
“illicit manufacture”
« fabrication illicite »
“illicit manufacture” means any activity that is prohibited under paragraph 6(1)(a) or (e);
“illicit trafficking”
« trafic illicite »
“illicit trafficking” means any importation into Canada, exportation from Canada or transportation in transit through Canada of an explosive if
(a) the importation or exportation is not authorized by the country of origin or the country of destination, or
(b) the transportation in transit of the explosive through any country is not authorized by that country;
“restricted component”
« composant d'explosif limité »
“restricted component” means any prescribed component of an explosive the acquisition, possession or sale of which is restricted by a regulation made under paragraph 5(a.31);
“transit”
« transit »
“transit” means the portion of international transboundary transportation through the territory of a country that is neither the country of origin nor the country of destination;
Marginal note:1993, c. 32, s. 3(1)
37. (1) Paragraphs 5(a.2) to (a.4) of the Act are replaced by the following:
(a.2) exempting any explosive or class of explosives from the application of this Act or the regulations or any provision of this Act or the regulations;
(a.3) restricting to any person or body or class of persons or bodies the acquisition, possession, use or sale of any explosive or class of explosives;
(a.31) prescribing any component of an explosive and restricting to any person or body or class of persons or bodies its acquisition, possession or sale;
(a.4) prohibiting the acquisition, possession, use or sale of any explosive that, in the opinion of the Minister, is intrinsically unsafe, and identifying that explosive by reference to its common name or a description of the class of explosives to which it belongs;
(2) Section 5 of the Act is amended by adding the following after paragraph (a.8):
(a.9) respecting exemptions under subsection 6(2), including security standards that must be met before an exemption is granted, and prescribing the fees payable for the issuance of certificates of exemption under subsection 6(3);
(3) Paragraph 5(c) of the Act is replaced by the following:
(c) not inconsistent with any other Act of Parliament or regulations made under any other Act of Parliament, for regulating the importation, exportation, packing, handling and transportation of explosives;
(4) Section 5 of the Act is amended by adding the following after paragraph (i):
(i.1) respecting security standards and security measures relating to explosives and restricted components;
(5) Section 5 of the Act is amended by adding the following after paragraph (l):
(l.1) respecting record keeping and the exchange of information for the purposes of tracing, identifying and preventing the illicit manufacture and illicit trafficking of explosives;
(6) Paragraph 5(m) of the Act is replaced by the following:
(m) respecting the acquisition, possession and sale of explosives and restricted components; and
- Date modified: