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
68. The Act is amended by adding the following after section 16:
Interim Orders
Marginal note:Interim orders — regulations
16.1 (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 — sections 17 and 18
(2) The Minister may make an interim order in which any power referred to in sections 17 and 18 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(b) the day on which it is repealed,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Marginal note:Contravention of unpublished order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 and section 19, 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.
69. The Act is amended by adding the following after section 27:
Interim Orders
Marginal note:Interim orders
27.1 (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: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 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
(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 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
(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 112001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT
70. Subsection 5(2) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Tabling and referral of proposed regulations
(2) The Minister shall cause a copy of each proposed regulation made pursuant to sections 17, 32, 53, 61, 102, 116, 150 and 150.1 to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House.
71. (1) Paragraph 149(a) of the Act is replaced by the following:
(a) the information may be used only for the purposes of this Act or the Department of Citizenship and Immigration Act or to identify a person for whom a warrant of arrest has been issued in Canada; and
(2) Paragraph 149(b) of the English version of the Act is replaced by the following:
(b) notice regarding use of the information must be given to the person to whom it relates.
72. The Act is amended by adding the following after section 150:
Sharing of Information
Marginal note:Regulations
150.1 (1) The regulations may provide for any matter relating to
(a) the collection, retention, disposal and disclosure of information for the purposes of this Act; and
(b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act.
Marginal note:Conditions
(2) Regulations made under subsection (1) may include conditions under which the collection, retention, disposal and disclosure may be made.
PART 121994, c. 40MARINE TRANSPORTATION SECURITY ACT
73. The Marine Transportation Security Act is amended by adding the following after section 11:
AGREEMENTS, CONTRIBUTIONS AND GRANTS
Marginal note:Agreements, contributions and grants
11.1 (1) The Minister may, with the approval of the Governor in Council given on the recommendation of the Treasury Board and on any terms and conditions specified by the Governor in Council on the recommendation of the Treasury Board, enter into agreements respecting security of marine transportation or make contributions or grants in respect of the cost or expense of actions that in the opinion of the Minister enhance security on vessels or at marine facilities.
Marginal note:Deeming
(2) Subsection (1) is deemed, for the purposes of paragraph 25(b) of the Canada Marine Act, to be a provision of an Act of general application providing for grants.
Marginal note:Sunset provision
(3) Subsections (1) and (2) cease to apply three years after the day on which this section comes into force.
PART 13R.S., c. N-5NATIONAL DEFENCE ACT
74. The definitions “emergency” and “Minister” in subsection 2(1) of the National Defence Act are replaced by the following:
“emergency”
« état d'urgence »
“emergency” means an insurrection, riot, invasion, armed conflict or war, whether real or apprehended;
“Minister”
« ministre »
“Minister”, except in Part VII, means the Minister of National Defence;
75. The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Special force
16. (1) In an emergency, or if considered desirable in consequence of any action undertaken by Canada under the United Nations Charter or the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party, the Governor in Council may establish and authorize the maintenance of a component of the Canadian Forces, called the special force, consisting of
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