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Prohibiting Cluster Munitions Act (S.C. 2014, c. 27)

Act current to 2024-03-06 and last amended on 2022-06-20. Previous Versions

Enforcement (continued)

Marginal note:Limitation period or prescription

 Proceedings by way of summary conviction may be instituted within two years after the day on which the subject matter of the proceedings arose.

Marginal note:Forfeiture

 An order that a cluster munition, explosive submunition or explosive bomblet be forfeited to Her Majesty in right of Canada may be made by

  • (a) a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in subsection 462.3(1) of that Act, on ex parte application by the Attorney General of Canada; or

  • (b) a military judge as defined in subsection 2(1) of the National Defence Act, on ex parte application by the Director of Military Prosecutions.

Marginal note:Forfeiture — if person found guilty

  •  (1) If a person is found guilty of an offence under section 17 or under a regulation made under section 23, the court may, on application by the prosecutor, in addition to any punishment imposed, order that anything by means of which or in respect of which the offence was committed be forfeited to Her Majesty in right of Canada.

  • Marginal note:Exception — real property or immovables

    (2) Subsection (1) does not apply to real property or immovables other than real property or immovables built or significantly modified for the purpose of facilitating the commission of the offence.

Marginal note:Disposal

 Anything that is forfeited under section 20 or 21 must be disposed of as the Attorney General of Canada directs except if the thing is a cluster munition, explosive submunition or explosive bomblet or if the order to forfeit is made by a military judge as defined in subsection 2(1) of the National Defence Act. In both of those cases, the thing must be disposed of as directed by the Minister of National Defence.

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations that the Governor in Council considers necessary for carrying out the purpose of this Act.

  • Marginal note:Contravention of regulation

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

Coming into Force

Marginal note:Order in council

Footnote * The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

 

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