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

Act current to 2020-01-27 and last amended on 2019-06-21. Previous Versions

Inspections (continued)

Marginal note:National Authority representative powers in relation to inspection

  •  (1) In order to facilitate the conduct of an inspection under section 13, a representative of the National Authority may accompany an international inspector and may direct any person who is in control of the place being inspected to

    • (a) provide the international inspector with access to any area, container or thing in the place being inspected;

    • (b) permit the international inspector to examine any thing in the place being inspected;

    • (c) permit the international inspector to make copies of any information contained in the records, files, papers or electronic information systems kept or used in relation to the place being inspected and to remove the copies from the place;

    • (d) permit the international inspector to have photographs taken of any thing in the place being inspected and to remove the photographs from the place;

    • (e) permit the international inspector to interview any person in the place being inspected; and

    • (f) take or permit the international inspector to take samples for analysis of any thing in the place being inspected and permit the international inspector to remove the samples for analysis outside the place.

  • Marginal note:Direction to be complied with

    (2) Every person to whom a direction is given under subsection (1) shall comply with the direction.

  • Marginal note:False statements, obstruction

    (3) While an international inspector is conducting an inspection under this Act, no person shall

    • (a) knowingly make any false or misleading statement to the inspector or to the representative of the National Authority accompanying the inspector in relation to the place or thing being inspected; or

    • (b) wilfully obstruct the inspection, by act or omission.

  • Marginal note:Direction not statutory instrument

    (4) A direction under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Warrant required where refusal of entry

  •  (1) A representative of the National Authority or an international inspector may not enter a place referred to in section 13 without the consent of the person who is in control of the place except under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) Where, on ex parte application, a justice is satisfied by information on oath that

    • (a) a place referred to in section 13 meets the conditions for entry described in that section,

    • (b) entry to the place is necessary for any purpose relating to the administration of this Act or the regulations, and

    • (c) entry to the place has been refused or there are reasonable grounds to believe that entry will be refused,

    the justice may issue a warrant authorizing the representative of the National Authority and the international inspector named in it to enter the place for the purposes of the inspection referred to in section 13, subject to such conditions as may be specified in the warrant.

  • Marginal note:When warrant not required

    (3) A warrant authorizing entry into a place referred to in section 13 is not required if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain the warrant.

  • Marginal note:Use of force

    (4) In executing a warrant issued under subsection (2), a representative of the National Authority or an international inspector shall not use force unless the representative or inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Disclosure of Information

Marginal note:Notice for disclosure of information

  •  (1) The Minister may send a notice to any person who the Minister believes on reasonable grounds has information or documents relevant to the enforcement of this Act, requesting the person to provide the information or documents to the Minister.

  • Marginal note:Compliance with notice

    (2) A person who receives a notice referred to in subsection (1) shall provide the requested information and documents to the Minister in the form and within the time specified in the notice.

Marginal note:Privileged information

  •  (1) Information and documents obtained pursuant to this Act or the Convention are privileged.

  • Marginal note:Exception

    (2) Information and documents are not privileged to the extent that they are required to be disclosed or communicated for the purposes of an emergency involving public safety.

  • Marginal note:Prohibition

    (3) No person in possession of privileged information or documents shall knowingly, without the written consent of the person from whom they were obtained, communicate them or allow them to be communicated to any person, or allow any person to have access to them, except

    • (a) for the purpose of the enforcement of this Act or of giving effect to the Convention;

    • (b) pursuant to an obligation of the Government of Canada under the Convention; or

    • (c) in the case where the information or documents are disclosed in accordance with the Security of Canada Information Disclosure Act.

  • Marginal note:Evidence in legal proceedings

    (4) Notwithstanding any other Act or law, no person shall be required, in connection with any legal proceedings, to produce any statement or other record containing privileged information or documents, or to give evidence relating to them, unless the proceedings relate to the enforcement of this Act.

  • 1995, c. 25, s. 17
  • 2015, c. 20, s. 7
  • 2019, c. 13, s. 125(E)

Regulations

Marginal note:Regulations

 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

 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

 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

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

Marginal note:Offence outside Canada

 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.

  • 1995, c. 25, s. 22
  • 2001, c. 27, s. 227

Marginal note:Forfeiture

  •  (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.

 
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