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Chemical Weapons Convention Implementation Act (S.C. 1995, c. 25)

Act current to 2020-09-09 and last amended on 2019-06-21. Previous Versions

Chemical Weapons Convention Implementation Act

S.C. 1995, c. 25

Assented to 1995-07-13

An Act to implement the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Chemical Weapons Convention Implementation Act.

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    Convention

    Convention means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed at Paris, France on January 13, 1993, as amended from time to time pursuant to Article XV of the Convention and portions of which are set out in the schedule to this Act; (Convention)

    international inspector

    international inspector means a person who holds a certificate issued by the Minister under section 12; (inspecteur international)

    Minister

    Minister means such member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council to be the Minister for the purposes of this Act; (ministre)

    National Authority

    National Authority means the portion of the federal public administration designated as the National Authority for Canada under subsection 3(1); (autorité nationale)

    place

    place includes any means of transport; (lieu)

    prescribed

    prescribed means prescribed by the regulations; (Version anglaise seulement)

    representative of the National Authority

    representative of the National Authority means a representative of the National Authority designated under subsection 3(2). (représentant de l’autorité nationale)

  • Marginal note:Other words and expressions

    (2) Unless the context otherwise requires, all words and expressions used in this Act have the same meaning as in the Convention.

  • Marginal note:Convention provisions prevail where inconsistency

    (3) In the event of any inconsistency between the provisions set out in the schedule and the provisions of the Convention, the provisions of the Convention prevail.

  • 1995, c. 25, s. 2
  • 2003, c. 22, s. 224(E)

National Authority

Marginal note:National Authority

  •  (1) For the purposes of implementing Canada’s obligations under the Convention and of giving effect to paragraph 4 of Article VII of the Convention, the Minister may designate any portion of the federal public administration to be the National Authority for Canada.

  • Marginal note:Representatives

    (2) For the purposes of implementing Canada’s obligations under the Convention, the Minister

    • (a) may designate persons or classes of persons to act as representatives of the National Authority; and

    • (b) shall furnish every representative of the National Authority with a certificate of designation.

  • Marginal note:Contents of certificate

    (3) A certificate of designation must indicate the places or classes of places that the holder of the certificate is authorized to have access to for the purposes of this Act and any conditions applicable to the holder’s activities under the certificate that the Minister considers advisable for those purposes.

  • Marginal note:Identification required

    (4) Every holder of a certificate of designation shall, on request of the person in charge of a place to be entered by the holder under this Act, show the certificate to that person.

  • 1995, c. 25, s. 3
  • 2003, c. 22, s. 224(E)

Purpose of Act

Marginal note:Implementation of Convention

 The purpose of this Act is to implement Canada’s obligations under the Convention.

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Chemical Weapons and Riot Control Agents

Marginal note:Chemical weapons

 No person shall

  • (a) develop, produce, otherwise acquire, stockpile or retain a chemical weapon, or transfer, directly or indirectly, a chemical weapon to anyone;

  • (b) use a chemical weapon;

  • (c) engage in any military preparations to use a chemical weapon; or

  • (d) assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under the Convention.

Marginal note:Riot control agents

 No person shall use a riot control agent as a method of warfare.

Toxic Chemicals and Precursors

Marginal note:Schedule 1 toxic chemicals and precursors

  •  (1) Except as authorized by or pursuant to any regulations made under paragraph 18(a), no person shall produce, use, acquire or possess a toxic chemical or precursor listed in Schedule 1 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

  • Marginal note:Export or import

    (2) Except as authorized under the Export and Import Permits Act, no person shall export or import a toxic chemical or precursor listed in Schedule 1 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

Marginal note:Schedule 2 toxic chemicals and precursors

 Except as authorized under the Export and Import Permits Act, no person shall export or import a toxic chemical or precursor listed in Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

Marginal note:Schedule 3 toxic chemicals and precursors

 Except as authorized under the Export and Import Permits Act, no person shall export or import a toxic chemical or precursor listed in Schedule 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

Information and Documents

Marginal note:Information and documents

 Every person who does anything under an authorization referred to in section 8 or who produces, processes, consumes, exports or imports a toxic chemical or precursor listed in Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention or who produces, exports or imports a toxic chemical or precursor listed in Schedule 3 of the Schedules of Chemicals set out in that Annex or who produces a discrete organic chemical or who holds a riot control agent for riot control purposes shall

  • (a) provide the prescribed information, at the prescribed time and in the prescribed form, to the National Authority or to such other portion of the federal public administration as the Minister may by order authorize to collect the information; and

  • (b) keep and maintain the prescribed documents in Canada, at the person’s place of business or at such other place as may be designated by the Minister, in the prescribed manner and for the prescribed period and, on request by the Minister or the National Authority, provide the documents to the National Authority.

  • 1995, c. 25, s. 11
  • 2003, c. 22, s. 224(E)
  • 2015, c. 3, s. 35

Inspections

Marginal note:International inspectors

  •  (1) The Minister shall issue to every person who is a member of an inspection team of the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons that has been authorized under the Convention to conduct on behalf of the Organization inspections in Canada a certificate

    • (a) identifying the person by name and indicating the person’s status and authority to conduct inspections in Canada;

    • (b) specifying the privileges and immunities applicable to the person; and

    • (c) setting out such other information and any conditions applicable to the person’s inspection activities in Canada as the Minister considers advisable.

  • Marginal note:Identification required

    (2) Every international inspector shall, on request of the person in charge of a place to be inspected by the international inspector, show the certificate to that person.

Marginal note:Inspections

  •  (1) Subject to this Act, an international inspector may, at any reasonable time and consistent with the provisions of the Convention,

    • (a) enter any place in Canada

      • (i) in respect of which information has been provided under section 11,

      • (ii) that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention, or

      • (iii) in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated;

    • (b) inspect the place in a manner consistent with the provisions of the Convention and any facility agreement applicable to the place; and

    • (c) where appropriate, install, use and maintain in respect of any such place monitoring instruments, systems and seals in a manner consistent with the provisions of the Convention and any facility agreement applicable to the place.

  • Marginal note:Inspector may be accompanied

    (2) While carrying out a challenge inspection, an international inspector may be accompanied by an observer for the purposes of giving effect to paragraph 12 of Article IX of the Convention.

 
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