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Anti-Personnel Mines Convention Implementation Act (S.C. 1997, c. 33)

Act current to 2020-07-28 and last amended on 2003-07-02. Previous Versions

Anti-Personnel Mines Convention Implementation Act

S.C. 1997, c. 33

Assented to 1997-11-27

An Act to implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Anti-Personnel Mines Convention Implementation Act.

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Act.

anti-handling device

anti-handling device means a device intended to protect a mine and that is part of, linked to, attached to or placed under the mine and that activates when an attempt is made to tamper with or otherwise intentionally disturb the mine. (dispositif antimanipulation)

anti-personnel mine

anti-personnel mine means a mine that is designed, altered or intended to be exploded by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons. Mines that are designed, altered or intended to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, and that are equipped with anti-handling devices, are not considered to be anti-personnel mines as a result of being so equipped. (mine antipersonnel)

Convention

Convention means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, set out in the schedule to this Act, as amended from time to time in accordance with Article 13 of the Convention. (Convention)

dwelling-house

dwelling-house means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes

  • (a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway; and

  • (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence. (maison d’habitation)

mine

mine means a munition designed, altered or intended to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle. (mine)

Minister

Minister, in respect of any provision of this Act, means the member or members of the Queen’s Privy Council for Canada designated under section 5 as the Minister or Ministers for the purposes of that provision. (ministre)

place

place includes any conveyance. (lieu)

transfer

transfer, in respect of anti-personnel mines, includes, in addition to the physical movement of anti-personnel mines, the transfer of title to and control over anti-personnel mines, but does not include the transfer of territory containing emplaced anti-personnel mines. (transfert)

Purpose of Act

Marginal note:Implementation of Convention

 The purpose of this Act is to implement Canada’s obligations under the Convention.

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Designation of Minister

Marginal note:Order designating Minister

 The Governor in Council may, by order, designate any member or members of the Queen’s Privy Council for Canada as the Minister or Ministers for the purposes of any provision of this Act.

Prohibitions

Marginal note:General prohibitions

  •  (1) No person shall

    • (a) place an anti-personnel mine under, on or near the ground or other surface area with the intent to cause the explosion of the anti-personnel mine by the presence, proximity or contact of a person; or

    • (b) develop, produce or otherwise acquire, possess or transfer to anyone, directly or indirectly, an anti-personnel mine, or stockpile anti-personnel mines.

  • Marginal note:Export and import

    (2) Except as authorized under the Export and Import Permits Act, no person shall export or import an anti-personnel mine.

  • Marginal note:Exceptions

    (3) Subsections (1) and (2) do not prohibit

    • (a) the placement, acquisition, possession or transfer of a number of anti-personnel mines, as authorized under section 10, for the development of, and training in, mine detection, mine clearance or mine destruction techniques;

    • (b) the acquisition, possession or transfer of anti-personnel mines for the purpose of their destruction;

    • (c) the acquisition, possession or transfer of an anti-personnel mine that has been deactivated as prescribed by regulation or that has been deactivated by

      • (i) removing all explosive substances, including the priming charge, booster charge and main charge, from the anti-personnel mine, including from any fuse, percussion cap or detonator, and

      • (ii) removing or destroying the anti-personnel mine’s priming or detonating mechanism or rendering the mechanism inoperable in such a way that its function cannot readily be restored; or

    • (d) participation in operations, exercises or other military activities with the armed forces of a state that is not a party to the Convention that engage in an activity prohibited under subsection (1) or (2), if that participation does not amount to active assistance in that prohibited activity.

Marginal note:Exception for peace officers, etc.

 Notwithstanding anything in this Act, a person is not guilty of an offence under this Act by reason only that the person acquires, possesses or transfers an anti-personnel mine in the course of the person’s duties or employment for the purpose of rendering the mine harmless or for the purpose of proceedings under this Act or any other Act of Parliament, if the person is

  • (a) a member of the Canadian Armed Forces;

  • (b) a peace officer; or

  • (c) a person engaged or employed by or on behalf of Her Majesty in right of Canada or a province.

Destruction of Anti-personnel Mines

Marginal note:Transfer for destruction

 Every person, other than Her Majesty in right of Canada, who possesses an anti-personnel mine that the person is prohibited by section 6 from possessing shall without delay deliver it, for destruction, to such person as may, by order, be designated by the Minister.

Marginal note:Destruction of mines

 Subject to section 10, the Minister shall ensure the destruction of all anti-personnel mines stockpiled by Her Majesty in right of Canada or that are delivered under section 8 for destruction.

Marginal note:Authorization by Minister

 The Minister may authorize a number of anti-personnel mines to be placed, acquired, possessed or transferred by any person for the development of, and training in, mine detection, mine clearance or mine destruction techniques, but the number of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes.

Request for 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 administration or enforcement of this Act, or information that Canada is required by Article 7 of the Convention to report to the Secretary-General of the United Nations, requesting the person to provide the information or documents to the Minister, or to such person as may be designated by the Minister, within a reasonable time specified in the notice.

  • Marginal note:Application for court order

    (2) If a person objects to providing or fails to provide any requested document or information within the specified time, the Minister may apply to a judge of a superior court for an order requiring the person to provide it.

  • Marginal note:Notice of hearing

    (3) The Minister shall give the person at least seven days notice of the hearing of the application.

  • Marginal note:Order

    (4) On hearing the application, the judge may order the person to provide the document or information if the judge concludes that, in the circumstances of the case, the production of the document or information is necessary to ensure Canada’s compliance with the Convention and that the public interest outweighs in importance the privacy interest of the person.

  • 1997, c. 33, s. 11
  • 2002, c. 8, s. 114

Inspections

Marginal note:Fact-finding missions

  •  (1) If a fact-finding mission to Canada is authorized under Article 8 of the Convention, the Minister shall issue to every member of the fact-finding mission a certificate

    • (a) identifying the member by name and indicating the member’s status and authority to conduct a fact-finding mission in Canada;

    • (b) stating that the member enjoys the privileges and immunities under Article VI of the Convention on the Privileges and Immunities of the United Nations, adopted on February 13, 1946; and

    • (c) setting out such other information and any conditions applicable to the member’s fact-finding activities in Canada as the Minister considers advisable.

  • Marginal note:Identification required

    (2) Every member of the fact-finding mission who wishes to inspect a place in Canada shall, on request of the person in charge of the place to be inspected by that member, show the certificate to that person.

  • Marginal note:Import and export of equipment

    (3) The members of the fact-finding mission may import free of duty and tax any equipment to be used exclusively in carrying out their mission, and they may subsequently export the equipment free of duty and tax.

 
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