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
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.
PART 9R.S., c. F-27FOOD AND DRUGS ACT
66. The Food and Drugs Act is amended by adding the following after section 30:
Interim Orders
Marginal note:Interim orders
30.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.
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 this Act, 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 10R.S., c. H-3HAZARDOUS PRODUCTS ACT
67. The Hazardous Products Act is amended by adding the following after section 5:
Interim Orders
Marginal note:Interim orders — regulations
5.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Marginal note:Interim orders — section 6
(2) The Minister may make an interim order in which any power referred to in section 6 is deemed to be exercised, 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
(3) 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) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part 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
(4) 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
(5) 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
(6) For the purpose of any provision of this Part 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
(7) 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
(8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting.
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