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This enactment amends the Defence Production Act to introduce two
new Parts to the Act.
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Part 2 of the Defence Production Act establishes a new regime,
adminstered by the Minister of Public Works and Government Services,
for the regulation of access to certain goods listed in the Export Control
List made under the Export and Import Permits Act. To have access to
these goods, a person must be registered or exempt from registration.
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Part 3 provides for sanctions in respect of offences created under
Parts 1 and 2 of the Act.
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Clause 1: New.
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Clause 2: The heading before section 26 and sections
26 to 29 read as follows:
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26. (1) Every person who
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(a) being required to make a return under section 13 fails to make the
return or knowingly or recklessly makes an untrue statement in the
return, or
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(b) contravenes or fails to observe any provision of this Act or any
order or regulation under this Act,
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is guilty of an offence.
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(2) Every person guilty of an offence under paragraph (1)(a) is liable
on summary conviction to a fine not exceeding five hundred dollars.
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(3) If any failure to make a return of which a person is convicted
pursuant to subsection (2) continues after the conviction, the person is
guilty of an offence and liable on summary conviction to a fine not
exceeding two hundred dollars for each day on which the failure
continues, but the court by which the person is convicted may fix a
reasonable period after the day of the conviction for the making of the
return and, where the court has fixed such a period, the person is not
guilty of an offence for failure to make the return during any day in that
period if, before the end of the period, the person makes the return.
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(4) Every person guilty of an offence under this Act, other than an
offence referred to in subsection (2), is liable on summary conviction or
conviction on indictment to a fine not exceeding five thousand dollars
or to imprisonment for a period not exceeding two years or to both.
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27. In any prosecution under the provisions of the Criminal Code
relating to summary convictions for an offence under this Act, the
complaint shall be made or the information laid within twelve months
from the time when the matter of the complaint or information arose.
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28. Where a corporation commits an offence under this Act, any
officer or director of the corporation is a party to and guilty of the
offence if it was committed with the knowledge of the officer or director
unless the officer or director exercised all due diligence to prevent the
commission of the offence, and, in any proceeding against a person for
being a party to and guilty of such an offence committed by a
corporation when the person was an officer or director thereof, the
burden of proving the absence of that knowledge or the exercise of that
diligence on the part of that officer or director is on the accused.
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29. In the case of any charge laid in respect of an offence alleged to
have been committed by a person under this Act by reason of failure to
make any return or to comply with any order or direction, it is a defence
to establish that the person used all due diligence to make the return or
comply with the direction or order and failed to do so for a reason
beyond the person's control.
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Clause 3: Section 33 reads as follows:
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33. The Governor in Council may make orders and regulations to
carry out the purposes and provisions of this Act.
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Clause 4: Subsection 34(1) reads as follows:
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34. (1) Every regulation, as defined in the Statutory Instruments Act,
made under the authority of this Act shall be published in the Canada
Gazette within thirty days after it is made.
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Clause 5: New.
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