| 2001, c. 26
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113. The Canada Shipping Act, 2001 is
amended by adding the following after
section 10:
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| Interim orders
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10.1 (1) The Minister of Transport or the
Minister of Fisheries and Oceans, or both, may
make an interim order that contains any of the
following provisions, if the Minister or
Ministers, as the case may be, believe that
immediate action is required to deal with a
significant risk, direct or indirect, to safety,
security or the environment:
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(a) in the case of the Minister of Transport
and the Minister of Fisheries and Oceans,
any provision that may be contained in a
regulation made under paragraph 4(a) or
subsection 136(2);
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(b) in the case of the Minister of Fisheries
and Oceans, any provision that may be
contained in a regulation made under
subsection 35(3), Part 5, except subsection
136(2), or Part 7, 8 or 10; and
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(c) in the case of the Minister of Transport,
any provision that may be contained in a
regulation made under paragraph 4(b),
section 7, subsection 35(1) or Part 2, 3, 4, 6,
9, 11 or 12.
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| Cessation of
effect
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(2) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
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(a) 90 days after it is made, unless it is
approved by the Governor in Council,
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(b) the day on which it is repealed,
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(c) the day on which a regulation made
under this Act, that has the same effect as
the interim order, comes into force, and
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(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
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| Contravention
of
unpublished
order
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(3) No person or vessel shall be convicted of
an offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
or vessel had been notified of the interim order
or reasonable steps had been taken to bring the
purport of the interim order to the notice of
those persons or vessels likely to be affected
by it.
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| Exemption
from
Statutory
Instruments
Act
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(4) An interim order
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(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
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(b) shall be published in the Canada
Gazette within 23 days after it is made.
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| Deeming
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(5) For the purpose of any provision of this
Act other than this section, any reference to
regulations made under this Act is deemed to
include interim orders, and any reference to a
regulation made under a specified provision of
this Act is deemed to include a reference to the
portion of an interim order containing any
provision that may be contained in a
regulation made under the specified
provision.
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114. The Biological and Toxin Weapons
Convention Implementation Act is enacted
as follows:
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An Act to implement the Convention on the
Prohibition of the Development,
Production and Stockpiling of
Bacteriological (Biological) and Toxin
Weapons and on their Destruction
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| Short title
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1. This Act may be cited as the Biological
and Toxin Weapons Convention
Implementation Act.
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| Definition of
``Minister''
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2. In this Act, ``Minister'' means the
member of the Queen's Privy Council for
Canada that the Governor in Council
designates as the Minister for the purposes of
this Act.
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| Purpose of
Act
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3. The purpose of this Act is to fulfil
Canada's obligations under the Convention on
the Prohibition of the Development,
Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their
Destruction, which entered into force from
March 26, 1975, as amended from time to time
pursuant to Article XI of that Convention.
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| Publication of
amendments
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4. The Minister shall, as soon as practicable
after any amendment to the Convention is
made pursuant to Article XI of the
Convention, cause a copy of the amendment
to be published in the Canada Gazette.
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| Act binding
on Her
Majesty
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5. This Act is binding on Her Majesty in
right of Canada or a province.
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| Prohibition
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6. (1) No person shall develop, produce,
retain, stockpile, otherwise acquire or possess,
use or transfer
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(a) any microbial or other biological agent,
or any toxin, for any purpose other than
prophylactic, protective or other peaceful
purposes; or
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(b) any weapon, equipment or means of
delivery designed to use such an agent or
toxin for hostile purposes or in armed
conflict.
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| Biological
defence
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(2) For greater certainty, subsection (1)
does not prohibit any program or activity
carried out or authorized by Canada and
specifically designed to protect or defend
humans, animals or plants against the use of
any microbial or other biological agent or
toxin for hostile purposes or in armed conflict,
or to detect or assess the impact of such use.
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| Authorization
under
regulations
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7. (1) Except as authorized under the
regulations or any Act of Parliament, no
person shall develop, produce, retain,
stockpile, otherwise acquire or possess, use or
transfer any microbial or other biological
agent or toxin identified in the regulations.
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| Exportation or
importation
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(2) Except as authorized under the Export
and Import Permits Act or any other Act of
Parliament, no person shall export or import a
microbial or other biological agent or toxin
identified in the regulations made under this
Act.
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| Responsible
authority
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8. (1) The Minister may designate any
person or class of persons to be the responsible
authority for the purposes of this Act.
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| Representativ
es of
responsible
authority
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(2) The Minister may designate persons or
classes of persons to act as representatives of
the responsible authority.
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| Designation
of inspectors
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9. The Minister may designate persons or
classes of persons as inspectors for the purpose
of the enforcement of this Act after consulting
any other Minister who has powers in relation
to inspections for biological agents or toxins.
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| Certificates of
designation
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10. (1) An inspector or a representative of
the responsible authority shall be given a
certificate of designation and shall, on
entering any place under this Act, produce the
certificate at the request of any individual in
charge of that place.
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| Statutory
Instruments
Act
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(2) A certificate of designation is not a
statutory instrument for purposes of the
Statutory Instruments Act.
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| Entry and
inspection
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11. (1) Subject to subsection (5), for the
purpose of ensuring compliance with this Act,
an inspector may enter and inspect, at any
reasonable time, any place in which the
inspector believes on reasonable grounds
there is
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(a) any microbial or other biological agent,
or any toxin;
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(b) any weapon, equipment or means of
delivery designed to use such an agent or
toxin; or
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(c) any information relevant to the
administration of this Act.
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| Powers of
inspectors
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(2) An inspector carrying out an inspection
may
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(a) require the attendance of and question
any person who the inspector considers will
be able to assist in the inspection;
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(b) examine, take samples of, detain or
remove any thing referred to in subsection
(1);
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(c) require any person to produce for
inspection, or to copy, any document that
the inspector believes contains any
information relevant to the administration
of this Act; and
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(d) require that any individual in charge of
the place take any measures that the
inspector considers appropriate.
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| Operation of
computer and
copying
equipment
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(3) An inspector carrying out an inspection
may
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(a) use or cause to be used any computer or
data processing system to examine any data
contained in or available to the computer or
system;
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(b) reproduce or cause to be reproduced any
record from the data, in the form of a
printout or other intelligible output, and
remove the printout or other output for
examination or copying; and
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(c) use or cause to be used any equipment at
the place to make copies of any data or any
record, book of account or other document.
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| Inspector may
be
accompanied
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(4) An inspector carrying out an inspection
may be accompanied by any other person
chosen by the inspector.
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| Warrant to
enter
dwelling-hous
e
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(5) An inspector may not enter a
dwelling-house except with the consent of the
occupant or under the authority of a warrant
issued under subsection (6).
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| Authority to
issue warrant
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(6) If on ex parte application a justice of the
peace is satisfied by information on oath that
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(a) the conditions for entry described in
subsection (1) exist in relation to a
dwelling-house,
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(b) entry into the dwelling-house is
necessary for any purpose relating to the
administration of this Act or the
regulations, and
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(c) entry into the dwelling-house has been
refused or there are reasonable grounds to
believe that entry will be refused,
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the justice may issue a warrant authorizing the
inspector named in the warrant to enter the
dwelling-house, subject to any conditions that
may be specified in the warrant.
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| Use of force
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(7) The inspector may not use force to
execute the warrant unless its use is
specifically authorized in the warrant.
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| Detention,
forfeiture and
disposal
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12. Sections 40 to 49 of the Health of
Animals Act apply, with any modifications
that may be required, with respect to
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(a) microbial or other biological agents, or
toxins;
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(b) weapons, equipment and means of
delivery designed to use such agents or
toxins; and
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(c) any information relevant to the
administration of this Act or the
regulations.
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| Obstruction
and false
statements
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13. (1) No person shall obstruct or hinder, or
knowingly make any false or misleading
statement either orally or in writing to, an
inspector or a representative of the responsible
authority engaged in carrying out duties under
this Act.
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| Interference
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(2) Except with the authority of an
inspector, no person shall remove, alter or
interfere in any way with any thing seized
under this Act.
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| Punishment
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14. (1) Every person who contravenes
section 6 or 7 is guilty of an indictable offence
and liable on conviction to a fine not
exceeding $1,000,000 or to imprisonment for
a term not exceeding ten years, or to both.
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| Punishment
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(2) Every person who contravenes section
13 or 17, subsection 18(2) or section 19 or any
provision of the regulations is guilty of an
offence punishable on summary conviction
and liable on conviction to a fine not
exceeding $50,000 or to imprisonment for a
term not exceeding two years, or to both.
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| Continuing
offence
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15. Where an offence under this Act is
committed or continued on more than one day,
the person who committed the offence is liable
to be convicted for a separate offence for each
day on which the offence is committed or
continued.
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| Jurisdiction
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16. (1) Where a person is alleged to have
committed an offence under this Act,
proceedings in respect of that offence may be
commenced at the instance of the Government
of Canada and conducted by the Attorney
General of Canada or counsel acting on his or
her behalf in any territorial division in
Canada, if the offence is alleged to have
occurred outside the province in which the
proceedings are commenced, whether or not
proceedings have previously been
commenced elsewhere in Canada.
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| Trial and
punishment
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(2) An accused may be tried and punished
in respect of an offence referred to in
subsection (1) in the same manner as if the
offence had been committed in the territorial
division where the proceeding is conducted.
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