Comprehensive Nuclear Test-Ban Treaty Implementation Act (S.C. 1998, c. 32)

Marginal note:Inspectors and observers

• 14 (1) The Minister shall issue a certificate to every person who comes to Canada to carry out or participate in an on-site inspection as an inspector or to act as an observer, and the certificate must

  • (a) identify the person by name and indicate the person’s status and authority to carry out or participate in the inspection or act as an observer, as the case may be;

  • (b) specify the person’s privileges and immunities under this Act; and

  • (c) set out any other information and any conditions that apply to the person’s activities in Canada that the Minister considers advisable.

• Marginal note:Certificate shown on demand

  (2) Every inspector who wishes to inspect a place in Canada and every observer who wishes to observe an on-site inspection shall, on request of the person in possession or control of the place, show the certificate to that person.

• Marginal note:Proof of certificate

  (3) A certificate purporting to have been issued by the Minister under this Act is admissible in evidence in any legal proceeding and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it.

Marginal note:On-site inspections

• 15 (1) At any reasonable time and consistent with the provisions of the Treaty, inspectors may, with the consent of a person in possession or control of a place to be inspected, enter and inspect any place that is subject to an on-site inspection under the Treaty.

• Marginal note:Observers, representatives and peace officers

  (2) If a person in possession or control of the place to be inspected consents, inspectors may be accompanied, while carrying out an on-site inspection, by

  • (a) one to three observers;

  • (b) representatives; and

  • (c) peace officers.

• Marginal note:Informed consent

  (3) The consent referred to in subsection (1) or (2) may not be given unless the person giving the consent has been informed of the purpose for which the consent is sought.

Marginal note:Warrant

• 16 (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 7 has been committed and there are reasonable grounds to believe that there is, in a place, anything that will afford evidence relevant to establishing the commission of the offence may, at any time, issue a warrant authorizing a peace officer accompanied by an inspector and a representative to enter the place to inspect and search it and seize anything that so affords evidence.

• Marginal note:Application of Criminal Code

  (2) The Criminal Code applies, with any modifications that the circumstances require, to a search or a seizure under this Act, except to the extent that the Criminal Code is inconsistent with this Act.

• Marginal note:Powers of observers

  (3) The warrant may authorize one to three observers named in it to accompany the inspectors or representatives named in it and to make recommendations to them about the conduct of the on-site inspection and search under the warrant.

• Marginal note:Interviews

  (4) An inspector or a representative named in a warrant or a peace officer may interview any person in the place if the inspector, representative or peace officer, as the case may be, has reasonable grounds to believe that the person may provide evidence relevant to establishing the commission of the offence. The interview shall take place in the presence of another person who must be a peace officer or a representative.

• Marginal note:Search of persons

  (5) A peace officer may search any person in the place if the peace officer has reasonable grounds to believe that the person possesses anything that may be relevant to establishing the commission of the offence.

Marginal note:Privileges and immunities

17 To carry out their on-site inspection activities, inspectors have the privileges and immunities provided for by the Treaty, including those enjoyed by diplomatic agents under the following provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961:

• (a) Article 29;

• (b) paragraph 1 of Article 30;

• (c) the inviolability provided under paragraph 2 of Article 30, including the right to use codes for communications with the Technical Secretariat of the Organization;

• (d) paragraphs 1, 2 and 3 of Article 31; and

• (e) Article 34.

Marginal note:Samples and approved equipment

• 18 (1) Samples and approved equipment, within the meaning of the Treaty, that are carried by inspectors are inviolable in Canada, subject to the provisions of the Treaty.

• Marginal note:Transportation of samples

  (2) Despite subsection (1),

  • (a) samples that are dangerous goods within the meaning of the Transportation of Dangerous Goods Act shall be transported in accordance with the provisions of that Act; and

  • (b) samples that are prescribed substances within the meaning of the Atomic Energy Control Act shall be transported in accordance with the provisions of that Act.

Marginal note:Inspectors in transit

• 19 (1) Inspectors who are in transit through Canada on their way to or from the territory of another State Party to the Treaty have the privileges and immunities enjoyed by diplomatic agents under paragraph 1 of Article 40 of the Vienna Convention on Diplomatic Relations, as well as those granted under paragraph 17(b) and subsection 18(1), even if the inspectors have not been accepted by Canada as inspectors.

• Marginal note:Canadian inspectors

  (2) Despite subsection (1), inspectors who are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act only have the privileges and immunities granted in accordance with paragraph 17(b) and subsection 18(1).

Marginal note:Observers

20 Observers have the same privileges and immunities as inspectors, except those granted under subsection 18(1).

Marginal note:Waiver of immunity of inspectors

• 21 (1) If the Director-General of the Technical Secretariat of the Organization waives the immunity of an inspector under paragraph 30 of Part II of the Protocol to the Treaty, the inspector no longer has any privileges or immunities under this Act.

• Marginal note:Waiver of immunity of observers

  (2) If a requesting State Party on whose behalf an observer observes an on-site inspection waives the immunity of the observer, the observer no longer has any privileges or immunities under this Act.

• Marginal note:Express waiver

  (3) Subsection (1) or (2) applies, as the case may be, only if the waiver is express.

Marginal note:Prohibition

• 22 (1) No person in possession of information or a document that has been provided under this Act or the Treaty and is subject to a claim that it is confidential shall knowingly, without the written consent of the person who provided it, communicate it or allow any person to have access to it.

• Marginal note:Exceptions

  (2) Despite subsection (1), a person in possession of information or a document that has been provided under this Act or the Treaty and is subject to a claim that it is confidential may communicate it or allow any person to have access to it if

  • (a) the public interest in the communication or access in relation to public health, public safety or the protection of the environment outweighs in importance any financial loss or prejudice to the competitive position of any person and any harm to the privacy interests, reputation or human dignity of any individual likely to be caused by that communication or access; or

  • (b) the communication or access is necessary for the purpose of the administration or enforcement of this Act or any other Act of Parliament or of giving effect to the Treaty.

• Marginal note:Compelled production

  (3) Despite any other Act or law, a person may not be compelled to produce or give evidence about any information or a document that has been provided under this Act and is subject to a claim that it is confidential, unless the proceeding in which it is sought to be compelled relates to the enforcement of this Act or another Act of Parliament.

Marginal note:Regulations

• 23 (1) The Governor in Council may make regulations

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

  • (b) respecting notices of chemical explosions under section 8; and

  • (c) for carrying out and giving effect to the provisions of the Treaty.

• Marginal note:Offence for contravention of regulations

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

Marginal note:Amendment to schedule

24 The Minister shall, by order, amend the schedule to incorporate any amendment to the Treaty as soon as it is feasible after the amendment takes effect.

Marginal note:Offences

• 25 (1) Every person who contravenes subsection 22(1) is guilty of an offence and liable

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

  • (b) 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.

• Marginal note:Contravention — regulations

  (2) A person who fails to comply with a regulation made under section 23 is guilty of an offence punishable on summary conviction if the contravention has been made an offence by the regulation.

Marginal note:Forfeiture

26 If a person is convicted of an offence against or under this Act, the convicting court may, in addition to any punishment imposed, order that anything used to commit or assist in the commission of the offence be seized and forfeited to Her Majesty in right of Canada. The Minister may direct how to dispose of anything that is subject to an order.

Marginal note:Limitation period for summary conviction offences

27 Proceedings by way of summary conviction may not be instituted more than two years after the day on which the subject-matter of the proceedings arose.

Marginal note:Annual report

• 27.1 (1) The person designated as the National Authority shall prepare and transmit to the Minister of Foreign Affairs an annual report with respect to the implementation of this Act.

• Marginal note:Tabling of report

  (2) The Minister of Foreign Affairs shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.