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

Regulations

Marginal note:Regulations

18 The Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention and, without limiting the generality of the foregoing, may make regulations

• (a) prescribing conditions under which activities referred to in subsection 8(1) may be carried on, providing for the issue, suspension and cancellation of licences governing the carrying on of any such activity and prescribing the fees or the manner of calculating the fees to be paid in respect of any such licence;

• (b) respecting the procedures to be followed by representatives of the National Authority in exercising their functions under this Act; and

• (c) prescribing anything that by this Act is to be prescribed.

Amendments to the Convention

Marginal note:Publication required

19 The Minister shall, as soon as practicable after any amendment to the Convention is made pursuant to Article XV of the Convention, cause a copy of the amendment to be published in the Canada Gazette.

Enforcement

Marginal note:Punishment

20 Every person who contravenes any provision of this Act is guilty of an offence and liable

• (a) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding eighteen months, or to both; or

• (b) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding five years, or to both.

Marginal note:Criminal Code provisions apply

21 For greater certainty, the provisions of the Criminal Code apply for the purposes of enforcing this Act.

Marginal note:Offence outside Canada

22 Every individual who commits, outside Canada, an act or omission that would, if committed in Canada, be an offence under this Act, shall, if the individual is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, be deemed to have committed that act or omission in Canada.

Marginal note:Forfeiture

• 23 (1) Where a person has been convicted of an offence under this Act, any thing seized by means of which or in respect of which the offence was committed is forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister directs.

• Marginal note:Forfeiture with consent

  (2) Where any thing has been seized by means of which or in respect of which an offence has been committed under this Act and the owner of the thing, or the person in whose possession the thing was at the time of seizure, consents in writing to its forfeiture, the thing is forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister directs.

Marginal note:Limitation period for summary conviction offences

24 Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose.

Marginal note:Continuing offence

25 Where 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:Venue

26 A complaint or an information in respect of an offence under this Act may be dealt with by any competent court of criminal jurisdiction if the accused is resident or carrying on business within the territorial jurisdiction of that court, even though the subject-matter of the complaint or information did not arise in that territorial jurisdiction.

Coming into Force

Marginal note:Coming into force

Footnote ^*27 This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act, other than section 8, in force January 1, 2001, see SI/2001-3; section 8 in force July 1, 2004, see SI/2004-71.]