BILL C-85 - First Reading

	1st Session, 36th Parliament, 46-47-48 Elizabeth II, 1997-98-99
	The House of Commons of Canada
	BILL C-85
	An Act to implement the Agreement among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning Cooperation on the Civil International Space Station and to make related amendments to other Acts
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Civil International Space Station Agreement Implementation Act.
	INTERPRETATION
Definitions	2. The definitions in this section apply in this Act.
``Agreement'' « Accord »	``Agreement'' means the Agreement among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning Cooperation on the Civil International Space Station, entered into on January 29, 1998, set out in the schedule, as amended from time to time under article 27 of the Agreement.
``Minister'' « ministre »	``Minister'', in respect of any provision of this Act, means the member or members of the Queen's Privy Council for Canada designated as the Minister or Ministers for the purpose of that provision.
	GENERAL
Purpose	3. The purpose of this Act is to fulfil Canada's obligations under the Agreement.
Binding on Her Majesty	4. This Act is binding on Her Majesty in right of Canada or a province.
Order designating Minister	5. The Governor in Council may, by order, designate one or more members of the Queen's Privy Council for Canada as the Minister or Ministers for the purpose of any provision of this Act.
Delegation of powers	6. The Minister may delegate any powers, duties and functions conferred on the Minister by or under this Act to one or more persons who shall exercise those powers and perform those duties and functions, subject to any terms and conditions that the Minister specifies.
	INFORMATION
Notice for disclosure of information	7. (1) The Minister may send a notice to any person that the Minister believes, on reasonable grounds, has information or documents relevant to the administration or enforcement of this Act, requesting the person to provide, within any reasonable period that the Minister specifies, that information or those documents to the Minister or any person that the Minister designates.
Application for court order	(2) If a person objects to providing or fails to provide the Minister or a designated person, as the case may be, with any requested information or a requested document within the specified period, the Minister may apply to a judge of a superior court of a province or the Trial Division of the Federal Court for an order requiring the person to provide it.
Notice of hearing	(3) The Minister shall give the person at least seven days notice of the hearing of the application.
Order	(4) On hearing the application, the judge may order the person to provide the information or document if the judge concludes that, in the circumstances of the case,
	(a) the production of the document or information is necessary to ensure Canada's compliance with the Agreement; and
	(b) the public interest in the production of the document or information outweighs in importance any privacy interest of the person.
Prohibition	8. (1) No person in possession of information or a document that has been provided under this Act or the Agreement and that is subject to a claim that it is confidential shall knowingly, without the written consent of the person who provided it, communicate it or allow any person to have access to it.
Exceptions	(2) Despite subsection (1), a person in possession of information or a document that has been provided under this Act or the Agreement and that is subject to a claim that it is confidential may communicate it or allow any person to have access to it if
	(a) the public interest in the communication or access in relation to public health or public safety outweighs in importance any financial loss or prejudice to the competitive position of any person or any harm to the privacy interests, reputation or human dignity of any individual likely to be caused by that communication or access; 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 Agreement.
Compelled production	(3) Despite any other Act or law, a person may not be compelled to produce or give evidence about any information or a document that has been provided under this Act or the Agreement and that is subject to a claim that it is confidential, unless the proceeding in which the evidence is sought to be compelled relates to the enforcement of this Act or another Act of Parliament.
	REGULATIONS
Regulations	9. The Governor in Council may make regulations that the Governor in Council considers necessary for carrying out the purposes of this Act and giving effect to the Agreement, including the code of conduct and a memorandum of understanding or another implementing arrangement that the Agreement refers to.
	AMENDMENTS TO THE AGREEMENT
Amendment to schedule	10. The Minister shall, by order, amend the schedule to incorporate any amendment to the Agreement as soon as it is feasible after the amendment takes effect.
	RELATED AMENDMENTS
R.S., c. C-46	Criminal Code
	11. *Section 7 of the Criminal Code* is amended by adding the following after subsection (2.2):**
Space Station - Canadian crew members	(2.3) Despite anything in this Act or any other Act, a Canadian crew member who, during a space flight, commits an act or omission outside Canada that if committed in Canada would constitute an indictable offence is deemed to have committed that act or ommission in Canada, if that act or ommission is committed
	(a) on, or in relation to, a flight element of the Space Station; or
	(b) on any means of transportation to or from the Space Station.
Space Station - crew members of Partner States	(2.31) Despite anything in this Act or any other Act, a crew member of a Partner State who commits an act or omission outside Canada during a space flight on, or in relation to, a flight element of the Space Station or on any means of transportation to and from the Space Station that if committed in Canada would constitute an indictable offence is deemed to have committed that act or ommission in Canada, if that act or ommission
	(a) threatens the life or security of a Canadian crew member; or
	(b) is committed on, or in relation to, a flight element provided by Canada or damages a Canadian flight element.
Proceedings by Attorney General of Canada	(2.32) Despite the definition ``Attorney General'' in section 2, the Attorney General of Canada may conduct proceedings in relation to an offence referred to in subsection (2.3) or (2.31). For that purpose, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act.
Consent of Attorney General of Canada	(2.33) No proceedings in relation to an offence referred to in subsection (2.3) or (2.31) may be instituted without the consent of the Attorney General of Canada.
Definitions	(2.34) The definitions in this subsection apply in this subsection and in subsections (2.3) and (2.31).
``Agreement'' « Accord »	``Agreement'' has the same meaning as in section 2 of the Civil International Space Station Agreement Implementation Act.
``Canadian crew member'' « membre d'équipage canadien »	``Canadian crew member'' means a crew member of the Space Station who is
	(a) a Canadian citizen; or
	(b) a citizen of a foreign state, other than a Partner State, who is authorized by Canada to act as a crew member for a space flight on, or in relation to, a flight element.
``crew member of a Partner State'' « membre d'équipage d'un État partenaire »	``crew member of a Partner State'' means a crew member of the Space Station who is
	(a) a citizen of a Partner State; or
	(b) a citizen of a state, other than that Partner State, who is authorized by that Partner State to act as a crew member for a space flight on, or in relation to, a flight element.
``flight element'' « élément de vol »	``flight element'' means a Space Station element provided by Canada or by a Partner State under the Agreement and under any memorandum of understanding or other implementing arrangement entered into to carry out the Agreement.
``Partner State'' « État partenaire »	``Partner State'' means a State, other than Canada, who contracted to enter into the Agreement and for which the Agreement has entered into force in accordance with article 25 of the Agreement.
``space flight'' « vol spatial »	``space flight'' means the period that begins with the launching of a crew member of the Space Station, continues during their stay in orbit and ends with their landing on earth.
``Space Station'' « station spatiale »	``Space Station'' means the civil international Space Station that is a multi-use facility in low-earth orbit, with flight elements and dedicated ground elements provided by, or on behalf of, the Partner States.
R.S., c. G-5	Government Employees Compensation Act
	12. *Subsection 9(3) of the Government Employees Compensation Act* is replaced by the following:**
Election and subrogation	(3) If the employee or the dependants referred to in subsection (1) elect to claim compensation under this Act, Her Majesty shall be subrogated to the rights of the employee or dependants and may, subject to the Agreement implemented by the Civil International Space Station Agreement Implementation Act , maintain an action in the name of the employee or dependants or of Her Majesty against the person against whom the action lies and any sum recovered shall be paid into the Consolidated Revenue Fund.
	COMING INTO FORCE
Coming into force	13. This Act or any of its provisions or any provision of any Act enacted by this Act comes into force on a day or days to be fixed by order of the Governor in Council.