Marginal note:Exception for peace officers, etc.

12. Section 6 does not prohibit a person, in the course of the person’s duties or employment, from acquiring, possessing, importing or exporting a cluster munition, explosive submunition or explosive bomblet, or from moving that munition from a foreign state or territory to another foreign state or territory with the intent to transfer ownership of and control over it, for the purpose of destroying or deactivating it or for the purpose of investigations or proceedings under an Act of Parliament, if the person is

• (a) an officer or non-commissioned member, as those terms are defined in subsection 2(1) of the National Defence Act;

• (b) a peace officer as defined in section 2 of the Criminal Code;

• (c) a person engaged or employed by or on behalf of Her Majesty in right of Canada or a province; or

• (d) a person acting on behalf of a foreign state with the permission of the Government of Canada.

DETENTION IN A SAFE PLACE

Marginal note:Seizure or acquisition by other means

13. An officer or non-commissioned member, as those terms are defined in subsection 2(1) of the National Defence Act, or a peace officer, as defined in section 2 of the Criminal Code, who seizes or acquires by any other means a cluster munition, explosive submunition or explosive bomblet may remove it to a safe place and detain it there.

Marginal note:If required for proceedings

14. If a cluster munition, explosive submunition or explosive bomblet may be required for any proceedings under an Act of Parliament, a justice of the peace, a provincial court judge as defined in section 2 of the Criminal Code, a judge as defined in subsection 462.3(1) of that Act or a military judge as defined in subsection 2(1) of the National Defence Act may order its detention in a safe place until it is no longer required.

DELEGATION

Marginal note:Minister’s powers, duties and functions

15. A minister may delegate to any person, subject to any conditions that the minister considers appropriate, any powers, duties or functions conferred on the minister under this Act.

AMENDMENTS TO THE CONVENTION

Marginal note:Amendment to schedule

16. The Minister of Foreign Affairs must, by order, amend the schedule to incorporate any amendment to the Convention as soon as feasible after the amendment takes effect for Canada.

ENFORCEMENT

Marginal note:Offence — section 6

• 17. (1) Every person who contravenes section 6 is guilty of an offence and liable

  • (a) on conviction on indictment, to a fine of not more than $500,000 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 $5,000 or to imprisonment for a term of not more than 18 months, or to both.

• Marginal note:Offences — regulations

  (2) Every person who contravenes a regulation made under section 23, the contravention of which has been made an offence by that regulation, is guilty of an offence punishable on summary conviction.

• Marginal note:Sections 21, 22, 23 and 24 and subsection 465(3) of Criminal Code

  (3) Sections 21, 22, 23 and 24 and subsection 465(3) of the Criminal Code do not apply to any contravention of section 6.

Marginal note:Consent of Attorney General of Canada

18. Proceedings for an offence under section 17 or under a regulation made under section 23, other than proceedings before a service tribunal as defined in subsection 2(1) of the National Defence Act, may only be commenced with the personal consent in writing of the Attorney General of Canada.

Marginal note:Limitation period or prescription

19. Proceedings by way of summary conviction may be instituted within two years after the day on which the subject matter of the proceedings arose.

Marginal note:Forfeiture

20. An order that a cluster munition, explosive submunition or explosive bomblet be forfeited to Her Majesty in right of Canada may be made by

• (a) a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in subsection 462.3(1) of that Act, on ex parte application by the Attorney General of Canada; or

• (b) a military judge as defined in subsection 2(1) of the National Defence Act, on ex parte application by the Director of Military Prosecutions.

Marginal note:Forfeiture — if person found guilty

• 21. (1) If a person is found guilty of an offence under section 17 or under a regulation made under section 23, the court may, on application by the prosecutor, in addition to any punishment imposed, order that anything by means of which or in respect of which the offence was committed be forfeited to Her Majesty in right of Canada.

• Marginal note:Exception — real property or immovables

  (2) Subsection (1) does not apply to real property or immovables other than real property or immovables built or significantly modified for the purpose of facilitating the commission of the offence.

Marginal note:Disposal

22. Anything that is forfeited under section 20 or 21 must be disposed of as the Attorney General of Canada directs except if the thing is a cluster munition, explosive submunition or explosive bomblet or if the order to forfeit is made by a military judge as defined in subsection 2(1) of the National Defence Act. In both of those cases, the thing must be disposed of as directed by the Minister of National Defence.

REGULATIONS

Marginal note:Regulations

• 23. (1) The Governor in Council may make regulations that the Governor in Council considers necessary for carrying out the purpose of this Act.

• Marginal note:Contravention of regulation

  (2) A regulation made under subsection (1) may make it an offence to contravene the regulation.

COMING INTO FORCE

Marginal note:Order in council

24. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.