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 61996, c. 8DEPARTMENT OF HEALTH ACT
PART 7R.S., c. E-17EXPLOSIVES ACT
Marginal note:1993, c. 32, ss. 10, 11
45. Sections 20 and 21 of the Act are replaced by the following:
Marginal note:Acts likely to cause explosion or fire
20. Every person who abandons any explosive or who commits any act that is likely to cause an explosion or fire in or about any factory or magazine or any vehicle in which an explosive is being conveyed is guilty of an offence and is liable
(a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or
(b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.
Marginal note:Possession, etc.
21. (1) Except as authorized by or under this Act, every person who, personally or by an agent, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable
(a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or
(b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.
Marginal note:No offence
(2) No person shall be convicted under subsection (1) of having an explosive or a restricted component in their possession if the person establishes that they manufactured, imported or acquired it in accordance with the requirements of this Act and the regulations.
Marginal note:Continuing offence
21.1 If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
Marginal note:1993, c. 32, s. 12
46. Subsection 22(1) of the Act is replaced by the following:
Marginal note:General punishment
22. (1) Every person who contravenes any provision of this Act or the regulations, for which no punishment has been provided, is guilty of an offence punishable on summary conviction and is liable
(a) for a first offence, to a fine not exceeding fifty thousand dollars; and
(b) for each subsequent offence, to a fine not exceeding one hundred thousand dollars.
Marginal note:1993, c. 32, s. 12
47. Subsection 23(1) of the Act is replaced by the following:
Marginal note:Disclosure of confidential information
23. (1) Subject to subsection (2) and the regulations, any person who, without the express authority of the Minister, knowingly discloses any confidential information obtained under this Act is guilty of an offence and is liable
(a) on summary conviction, to a fine not exceeding five thousand dollars; or
(b) on proceedings by way of indictment, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months or to both.
48. Section 24 of the Act is replaced by the following:
Marginal note:Limitation period
24. (1) Any proceedings under this Act may be instituted at any time within, but not later than, twelve months after the day on which the Minister becomes aware of the subject-matter of the proceedings.
Marginal note:Certificate
(2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is admissible in evidence without proof of the signature or the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it.
Marginal note:1993, c. 32, s. 14
49. Section 26 of the Act is replaced by the following:
Marginal note:Forfeiture to Crown
26. (1) When a person is convicted of an offence for acquiring, having in their possession, selling, offering for sale, storing, using, making, manufacturing, transporting, importing, exporting or delivering any explosive or restricted component, the court or judge, in addition to any other penalty that may be imposed, shall, in the case of an illicitly manufactured or illicitly trafficked explosive or an explosive that is not an authorized explosive, and may, in the case of an authorized explosive or a restricted component, declare that the explosive or restricted component by means of which or in relation to which the offence was committed be forfeited to the Crown.
Marginal note:Disposal of explosive or component forfeited
(2) If an explosive or a restricted component is forfeited under section 14.6 or subsection (1) and the time within which an appeal may be taken has expired or any appeal has been disposed of, it may be seized and disposed of as the Minister directs, and the costs of its disposal may be charged to the owner or the person having the lawful possession of it at the time of its seizure.
50. Section 27 of the French version of the Act is replaced by the following:
Marginal note:Explosifs abandonnés ou détériorés
27. Les explosifs qui, de l'avis du ministre, sont abandonnés, détériorés ou constituent un danger pour les personnes ou les biens, peuvent être saisis; il peut en être disposé, notamment par destruction, conformément à ce qu'ordonne le ministre quant aux modalités, au moment et au lieu, ainsi qu'aux personnes chargées de le faire.
Marginal note:1995, c. 39, s. 170
51. Sections 28 and 29 of the Act are replaced by the following:
Marginal note:Certain powers of Minister may be delegated
28. The powers conferred on the Minister by subsections 6(2) and (3) and sections 7, 9, 11, 12 and 27 may be exercised by any person designated by the Minister.
Marginal note:Obligation to comply with other laws
29. Nothing in this Act relieves any person
(a) of the obligation to comply with the requirements of any Act of Parliament relating to explosives or components of explosives or the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially requirements in relation to the acquisition, possession, storage, handling, sale, transportation or delivery of explosives or components of explosives; or
(b) of any liability or punishment imposed for any contravention of an Act, law or by-law referred to in paragraph (a).
PART 8R.S., c. E-19EXPORT AND IMPORT PERMITS ACT
52. The long title of the Export and Import Permits Act is replaced by the following:
53. (1) The definition “Export Control List” in subsection 2(1) of the Act is replaced by the following:
“Export Control List”
« liste des marchandises d'exportation contrôlée »
“Export Control List” means a list of goods and technology established under section 3;
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“technology”
« technologie »
“technology” includes technical data, technical assistance and information necessary for the development, production or use of an article included in an Export Control List;
“transfer”
« transfert »
“transfer” means, in relation to technology, to dispose of it or disclose its content in any manner from a place in Canada to a place outside Canada;
54. The portion of section 3 of the Act before paragraph (a) is replaced by the following:
Marginal note:Export control list of goods and technology
3. The Governor in Council may establish a list of goods and technology, to be called an Export Control List, including therein any article the export or transfer of which the Governor in Council deems it necessary to control for any of the following purposes:
55. Section 4 of the Act is replaced by the following:
Marginal note:Area control list of countries
4. The Governor in Council may establish a list of countries, to be called an Area Control List, including therein any country to which the Governor in Council deems it necessary to control the export or transfer of any goods or technology.
Marginal note:1991, c. 28, s. 3; 1994, c. 47, s. 107
56. Subsections 7(1) and (1.1) of the Act are replaced by the following:
Marginal note:Export permits
7. (1) Subject to subsection (2), the Minister may issue to any resident of Canada applying therefor a permit to export or transfer goods or technology included in an Export Control List or to export or transfer goods or technology to a country included in an Area Control List, in such quantity and of such quality, by such persons, to such places or persons and subject to such other terms and conditions as are described in the permit or in the regulations.
Marginal note:Security considerations
(1.01) In deciding whether to issue a permit under subsection (1), the Minister may, in addition to any other matter that the Minister may consider, have regard to whether the goods or technology specified in an application for a permit may be used for a purpose prejudicial to
(a) the safety or interests of the State by being used to do anything referred to in paragraphs 3(1)(a) to (n) of the Security of Information Act; or
(b) peace, security or stability in any region of the world or within any country.
Marginal note:General permits
(1.1) Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to export or transfer to any country specified in the permit any goods or technology included in an Export Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.
57. Section 11 of the Act is replaced by the following:
Marginal note:Other lawful obligations not affected by permit, etc.
11. A permit, certificate or other authorization issued or granted under this Act does not affect the obligation of any person to obtain any licence, permit or certificate to export or import that may be required under this or any other law or to pay any tax, duty, toll, impost or other sum required by any law to be paid in respect of the exportation or transfer of goods or technology or the importation of goods.
58. Paragraphs 12(d) and (e) of the Act are replaced by the following:
(d) respecting the certification, authorization or other control of any in-transit movement through any port or place of any goods or technology that is exported or transferred from Canada or of any goods that come into any port or place in Canada;
(e) exempting any person, goods or technology or any class of persons, goods or technology from the operation of any or all of the provisions of this Act; and
59. Section 13 of the Act is replaced by the following:
Marginal note:Export or attempt to export
13. No person shall export or transfer, or attempt to export or transfer, any goods or technology included in an Export Control List or any goods or technology to any country included in an Area Control List except under the authority of and in accordance with an export permit issued under this Act.
Marginal note:1991, c. 28, s. 4
60. Subsection 15(1) of the Act is replaced by the following:
Marginal note:Diversion, etc.
15. (1) Subject to subsection (2), and except with the authority in writing of the Minister, no person shall knowingly do anything in Canada that causes or assists or is intended to cause or assist any shipment, transhipment, diversion or transfer of any goods or technology included in an Export Control List to be made, from Canada or any other place, to any country included in an Area Control List.
61. Section 16 of the Act is replaced by the following:
Marginal note:No transfer or unauthorized use of permits
16. No person who is authorized under a permit issued under this Act to export or transfer goods or technology or to import goods shall transfer the permit to, or allow it to be used by, a person who is not so authorized.
Marginal note:1994, c. 47, s. 114
62. Section 17 of the Act is replaced by the following:
Marginal note:False or misleading information, and misrepresentation
17. No person shall wilfully furnish any false or misleading information or knowingly make any misrepresentation in any application for a permit, import allocation, certificate or other authorization under this Act, and no person shall do so for the purpose of procuring its issue or grant or in connection with any subsequent use of the permit, import allocation, certificate or other authorization or with the exportation, importation, transfer or disposition of goods or technology to which it relates.
Marginal note:1991, c. 28, s. 5(2); 1995, c. 22, s. 18 (Sch. IV, item 26)
63. Subsection 19(3) of the Act is replaced by the following:
Marginal note:Factors to be considered when imposing sentence
(3) If an offender is convicted or discharged under section 730 of the Criminal Code in respect of an offence under this Act or the regulations, the court imposing a sentence on or discharging the offender shall, in addition to considering any other relevant factors, consider the nature and value of the exported or transferred goods or technology, or the imported goods, that are the subject-matter of the offence.
64. Subsection 23(1) of the Act is replaced by the following:
Marginal note:Evidence
23. (1) The original or a copy of a bill of lading, customs form, commercial invoice or other document, in this section called a “shipping document”, is admissible in evidence in any prosecution under this Act in respect of goods or technology if it appears from the shipping document that
(a) the goods or technology was sent, shipped or transferred from Canada or the goods came into Canada;
(b) a person, as shipper, consignor or consignee, sent, shipped or transferred the goods or technology from Canada or brought the goods into Canada; or
(c) the goods or technology was sent, shipped or transferred to a destination or person other than as authorized in the export permit relating to the goods or technology or the import permit relating to the goods.
Marginal note:R.S., c. 1 (2nd Supp.), s. 213(2)(Sch. II, item 6)(F), s. 213(4)(Sch. IV, item 3)(E)
65. Sections 24 and 25 of the Act are replaced by the following:
Marginal note:Customs officers' duties
24. All officers, as defined in the Customs Act, before permitting the export or transfer of any goods or technology or the import of any goods, shall satisfy themselves that the exporter, importer or transferor, as the case may be, has not contravened any of the provisions of this Act or the regulations and that all requirements of this Act and the regulations with reference to the goods or technology have been complied with.
Marginal note:Application of powers under the Customs Act
25. All officers, as defined in the Customs Act, have, with respect to any goods or technology to which this Act applies, all the powers they have under the Customs Act with respect to the importation and exportation of goods, and all the provisions of that Act and the regulations under it respecting search, detention, seizure, forfeiture and condemnation apply, with such modifications as the circumstances require, to any goods or technology that is tendered for export, transfer or import or is exported, transferred or imported or otherwise dealt with contrary to this Act and the regulations and to all documents relating to the goods or technology.
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