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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

Inspections (continued)

Marginal note:Inspections

  •  (1) Subject to this Act, a member of the fact-finding mission may, at any reasonable time and consistent with the provisions of the Convention, enter and inspect any place that is a military or weapons installation or facility or that is any other installation or facility that has or may have the capacity to develop, produce or stockpile anti-personnel mines or anti-personnel mine components, if the member believes on reasonable grounds that any information, document or other thing that is relevant to compliance with the Convention may be found in that place.

  • Marginal note:Fact-finders may be accompanied

    (2) In order to facilitate the conduct of an inspection by a member of the fact-finding mission, such persons as may be designated by the Minister may accompany the member and may direct any person who is in control of the place being inspected to

    • (a) provide the member with access to any area, container or thing in the place;

    • (b) permit the member to examine any thing in the place;

    • (c) permit the member to make copies of any information contained in the records, files, papers or electronic information systems kept or used in relation to the place and to remove the copies from the place;

    • (d) permit the member to have photographs taken of any thing in the place and to remove the photographs or the exposed photographic film from the place;

    • (e) permit the member to interview any person in the place; and

    • (f) permit the member to take samples for analysis of any thing in the place and permit the member to remove the samples for analysis outside the place.

  • Marginal note:False statements, obstruction

    (3) While a member of the fact-finding mission is conducting the inspection, no person shall

    • (a) knowingly make any false or misleading statement to the member or the designated persons accompanying the member in relation to the place or thing being inspected; or

    • (b) wilfully obstruct the inspection.

  • Marginal note:Direction not statutory instrument

    (4) A direction under subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Dwelling-house

 If the place to be inspected is a dwelling-house, a member of the fact-finding mission or a designated person accompanying the member may not enter the place without the consent of the occupant.

Marginal note:Other place

  •  (1) If the place to be inspected is not a dwelling-house, a member of the fact-finding mission or a designated person accompanying the member may not enter the place without the consent of the person who is in control of the place, except under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice may issue a warrant authorizing members of the fact-finding mission and the designated persons accompanying them to enter a place for the purposes of the inspection, subject to such conditions as may be specified in the warrant, if the justice is satisfied by information on oath that

    • (a) there are reasonable grounds to believe that the members may find at that place any information, document or other thing that is relevant to compliance with the Convention;

    • (b) entry to the place is necessary for any purpose relating to the fact-finding mission; and

    • (c) entry to the place has been refused, there are reasonable grounds to believe that entry will be refused or there has been a failure to comply with a direction under section 13 in respect of the place.

  • Marginal note:Assistance

    (3) A justice who issues a warrant under subsection (2) may order any person to provide assistance if the person’s assistance may reasonably be considered to be required to give effect to the warrant.

  • Marginal note:When warrant not required

    (4) A warrant authorizing entry into a place is not required if the conditions for obtaining the warrant exist but, because of exigent circumstances, it would not be practicable to obtain the warrant.

  • Marginal note:Use of force

    (5) The members of the fact-finding mission and the designated persons accompanying them shall not use force in executing a warrant issued under subsection (2) unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Marginal note:Application of the Criminal Code

 Sections 13 to 15 do not exclude the application of the provisions of the Criminal Code relating to search and seizure under the authority of a warrant issued under that Act.

Disclosure of Information

Marginal note:Prohibition

  •  (1) Except as authorized by this section, no person in possession of information or a document obtained in confidence under this Act or the Convention shall knowingly, without the written consent of the person from whom it was obtained, communicate it or allow it to be communicated to any person or allow any person to have access to it.

  • Marginal note:Exceptions

    (2) A person in possession of information or a document obtained in confidence under this Act or the Convention may communicate it or allow it to be communicated to any person, or allow any person to have access to it, if

    • (a) the communication or access would be in the public interest, as it relates to public health, public safety or protection of the environment, and that interest clearly outweighs in importance any material financial loss or prejudice that could be caused to the competitive position of any person and any damage that could be caused to the privacy, reputation or human dignity of any individual; 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 Convention.

  • Marginal note:Evidence in legal proceedings

    (3) Notwithstanding any other Act or law, no person may be required, in connection with any legal proceedings, to produce any statement or other record containing information or a document obtained in confidence under this Act or the Convention, or to give evidence relating to it, unless the proceedings relate to the enforcement of this Act or another Act of Parliament.

Delegation of Responsibility

Marginal note:Ministerial designation

 The Minister may designate one or more persons to exercise the powers, and perform the duties and functions, of the Minister under this Act or the Convention that are specified in the designation. That person or those persons may exercise those powers and shall perform those functions subject to such terms and conditions, if any, as are specified in the designation.

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention and may make regulations prescribing anything that by this Act is to be prescribed by regulation.

  • Marginal note:Contravention of regulation

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

Amendments to the Convention

Marginal note:Amendment to schedule

 The Minister shall, by order, amend the schedule to incorporate any amendment to the Convention as soon as is practicable after the amendment takes effect, and shall cause the amendment to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the order is made.

  • 1997, c. 33, s. 20
  • 2001, c. 34, s. 3(F)

Enforcement

Marginal note:Punishment

  •  (1) Every person who contravenes section 6 or 8 or subsection 13(3) or 17(1) is guilty of an offence and liable

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

    • (b) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding five years, or to both.

  • Marginal note:Offence under the regulations

    (2) Every person who contravenes a regulation made under section 19, the contravention of which has been made an offence by that regulation, is guilty of an offence punishable on summary conviction.

  • 1997, c. 33, s. 21
  • 1999, c. 31, s. 7

Marginal note:Forfeiture

  •  (1) If a person is convicted of an offence under this Act, the convicting court may, in addition to any punishment imposed, order that any thing seized by means of which or in respect of which the offence was committed be forfeited. On the making of that order, the thing is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister directs.

  • Marginal note:Exception

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

 
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