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

Marginal note:Offence

• 7 (1) Every person is guilty of an indictable offence and is liable to a term of imprisonment for life who

  • (a) carries out a nuclear weapon test explosion or any other nuclear explosion for the purpose of developing qualitative improvements in nuclear weapons or developing new types of nuclear weapons; or

  • (b) causes, encourages or participates in the carrying out of any nuclear weapon test explosion or any other nuclear explosion for the purpose of developing qualitative improvements in nuclear weapons or developing new types of nuclear weapons.

• Marginal note:Extraterritorial application

  (2) Despite any other Act of Parliament, a person who, in a place outside Canada, commits an act or omission that would, if committed in Canada, constitute an offence under subsection (1) is deemed to have committed it in Canada if

  • (a) the person is a Canadian citizen; or

  • (b) the place was under the control of Canada.

• Marginal note:Jurisdiction

  (3) If a person is alleged to have committed an act or omission that is an offence because of this section, proceedings in relation to that offence may, whether or not the person is in Canada, be commenced in any territorial division in Canada and the person may be tried and punished in respect of that offence in the same manner as if it had been committed in that territorial division.

• Marginal note:Appearance of accused at trial

  (4) The provisions of the Criminal Code, including their exceptions, relating to requirements that an accused appear at and be present during proceedings apply to proceedings commenced in a territorial division under subsection (3).

• Marginal note:Offence dealt with outside Canada

  (5) If a person is alleged to have committed an act or omission that is an offence because of this section and the person has been dealt with outside Canada for the offence in a manner that, if the person had been dealt with in Canada for the offence in that manner, the person would be able to plead autrefois acquit, autrefois convict or pardon, the person is deemed to have been so dealt with in Canada.