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Defence Production Act (R.S.C., 1985, c. D-1)

Act current to 2020-07-28 and last amended on 2017-09-21. Previous Versions

PART 2Regulation of Access to Controlled Goods (continued)

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations

  • (a) respecting the classes of persons referred to in paragraph 36(b);

  • (b) respecting the procedure, under subsection 37(4), for authorizing officers, directors and employees to examine, possess or transfer controlled goods and the conditions they must satisfy to be authorized;

  • (c) respecting registrations under section 38 and exemptions from registration under sections 39 and 39.1, including

    • (i) the conditions of eligibility,

    • (ii) the procedure to be followed in making applications and the information to be set out in the applications,

    • (iii) the factors to be considered by the Minister when deciding whether a person may be registered or exempted,

    • (iv) the Minister’s powers to renew, suspend, amend or revoke a registration or an exemption,

    • (v) the conditions of registration or the renewal of a registration, including the keeping of records, the requirement to report under section 40, and the establishment and implementation of security plans,

    • (vi) the conditions of exemption or the renewal of an exemption, and

    • (vii) security assessments referred to in subsection 38(3) or 39.1(3); and

  • (d) amending, on the joint recommendation of the Minister and the Minister of Foreign Affairs, the schedule.

  • 2000, c. 31, s. 5
  • 2015, c. 3, s. 74

PART 3Offence and Punishment

Marginal note:Other prohibitions

 No person shall

  • (a) make any false or misleading statement or provide false or misleading information to an inspector or other person carrying out functions under this Act;

  • (b) destroy any record or document required to be kept under this Act or the regulations;

  • (c) make a false entry in a record required to be kept under this Act or the regulations or omit to make any entry in such a record;

  • (d) interfere in any way with any thing detained or removed by an inspector, except with the inspector’s permission; or

  • (e) fail to comply with any reasonable request of an inspector or otherwise obstruct an inspector in the performance of the inspector’s functions.

  • 2000, c. 31, s. 5

Marginal note:Serious offence

  •  (1) Every person who contravenes section 37 is guilty of

    • (a) an offence punishable on summary conviction and liable to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both; or

    • (b) an indictable offence and liable to a fine not exceeding $2,000,000 or to imprisonment for a term not exceeding 10 years, or to both.

  • Marginal note:Other offences

    (2) Every person who contravenes any other provision of this Act or the regulations is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months, or to both.

  • Marginal note:Defence of due diligence

    (3) For the purposes of subsection (2), no person shall be found to have contravened section 13 or 44 or the regulations if the person exercised all due diligence to prevent the contravention.

  • Marginal note:Continuing offence

    (4) If an offence is committed or continued on more than one day, the person who commits it is liable to be convicted of a separate offence for each day on which the offence is committed or continued.

  • Marginal note:Factors to be considered when imposing sentence

    (5) If an offender is convicted under subsection (1), the court imposing a sentence on the offender shall, in addition to considering any other relevant factors, consider the nature of the controlled goods that are the subject-matter of the offence.

  • Marginal note:Limitation period for summary conviction offences

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

  • 2000, c. 31, s. 5

Marginal note:Officers, etc., of corporation

 An officer or a director, or an agent or a mandatary, of a corporation that commits an offence under this Act is liable to be convicted of the offence if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation has been prosecuted or convicted.

  • 2000, c. 31, s. 5
  • 2004, c. 25, s. 130(E)
 
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