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| Designation
of military
security zone
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260.1 (1) If it is necessary, in the opinion of
the Minister, for the protection of
international relations or national defence or
security, the Minister, on the recommendation
of the Chief of the Defence Staff, may, for the
purpose of ensuring the safety or security of
any person or thing, designate as a military
security zone an area of land or water, a
portion of airspace, or a structure or part of
one, surrounding a thing referred to in
subsection (2) or including it, whether the
zone designated is fixed or moves with that
thing. The zone automatically includes all
corresponding water and land below the
earth's surface.
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| Designation
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(2) A military security zone may be
designated only in relation to
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(a) a defence establishment;
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(b) materiel or property under the control of
Her Majesty in right of Canada and situated
outside a defence establishment;
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(c) a vessel, aircraft or other thing under the
control of a visiting force that is legally in
Canada by virtue of the Visiting Forces Act
or otherwise; or
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(d) property, a place or a thing that the
Canadian Forces have been directed to
protect in order to fulfil a duty required by
law.
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| Dimensions
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(3) When designating a military security
zone, the Minister shall ensure that its
dimensions are not greater than is reasonably
necessary to ensure the safety or security of
any person or thing for which the zone is
designated.
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| Powers
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(4) The Canadian Forces may prohibit,
restrict or control access to a military security
zone.
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| Unauthorized
entry
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(5) A person found in a military security
zone without authorization, and any animal,
vehicle, vessel, aircraft or other thing under
the person's control, may be forcibly removed
by any authorized person, officer or
non-commissioned member.
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| Notice of
designation
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(6) As soon as possible after making a
designation, the Minister shall, by any means
that the Minister considers appropriate in the
circumstances, give notice of the designation
to persons who, in his or her opinion, may be
affected by the designation, unless he or she is
of the opinion that it is inadvisable to do so for
reasons of international relations or national
defence or security.
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| Effective
period of
designation
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(7) A designation is valid for the period
specified in it, and may be renewed for any
period specified in the renewal. No
designation or renewal may be for a period
longer than one year.
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| Variance or
cancellation
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(8) A designation may be varied or
cancelled at any time.
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| Bar of action
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(9) No action for loss, damage or injury lies
by reason only of the designation of a military
security zone or the implementation of
measures to enforce the designation.
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| Compensation
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(10) Any person who suffers loss, damage
or injury by reason of the exercise of any of the
powers conferred by this section shall be
compensated from the Consolidated Revenue
Fund.
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85. (1) Paragraph 273.1(a) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (i), by adding the
word ``or'' at the end of subparagraph (ii)
and by adding the following after
subparagraph (ii):
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(iii) any military security zone ; and
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| R.S., c. 31 (1st
Supp.), s. 59
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(2) The portion of paragraph 273.1(b) of
the Act before subparagraph (i) is replaced
by the following:
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(b) respecting the access to, exclusion from
and safety, security and conduct of persons
and the protection of things in, on or about
any defence establishment, work for
defence or materiel, or military security
zone, including, without restricting the
generality of the foregoing, regulations
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| 1998, c. 35,
s. 85
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86. Paragraph 273.2(b) of the Act is
replaced by the following:
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(b) the personal or movable property of any
person subject to the Code of Service
Discipline located in, on or about any
defence establishment, work for defence or
materiel, or military security zone,
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87. The Act is amended by adding the
following after section 273.6:
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| Ministerial
authorization
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273.7 (1) The Minister may authorize in
writing, either individually or by class, any
public servant employed in the Department, or
any person acting on behalf of the Department
or the Canadian Forces who is performing
duties relating to the operation, maintenance
or protection of computer systems or networks
of the Department or the Canadian Forces, to
intercept private communications originating
from, directed to or transiting through any
such computer system or network in the
course of, and for the sole purpose of,
identifying, isolating or preventing an
unauthorized use of, interference with or
damage to those systems or networks or the
data that they contain.
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| Authorization
to Chief of
Defence Staff
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(2) The Minister may authorize in writing
the Chief of the Defence Staff to direct, either
individually or by class, any officer or
non-commissioned member to intercept
private communications originating from,
directed to or transiting through any computer
system or network of the Department or the
Canadian Forces in the course of, and for the
sole purpose of, identifying, isolating or
preventing an unauthorized use of,
interference with or damage to those systems
or networks or the data that they contain.
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| Conditions for
authorization
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(3) The Minister may issue an authorization
under subsection (1) or (2) only if satisfied that
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(a) the interception is necessary to identify,
isolate or prevent an unauthorized use of,
interference with or damage to the systems
or networks or the data that they contain;
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(b) the information to be obtained from the
interception could not reasonably be
obtained by other means;
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(c) the consent of persons whose private
communications may be intercepted cannot
reasonably be obtained;
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(d) satisfactory measures are in place to
ensure that only information that is
essential to identify, isolate or prevent an
unauthorized use of, interference with or
damage to the systems or networks or the
data that they contain will be used or
retained; and
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(e) satisfactory measures are in place to
protect the privacy of Canadians in the use
or retention of that information.
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| Conditions in
authorization
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(4) An authorization issued under this
section may contain any conditions that the
Minister considers advisable to protect the
privacy of Canadians, including additional
measures to restrict the use and retention of,
the access to, and the form and manner of
disclosure of, information derived from the
private communications.
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| Effective
period of
authorization
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(5) An authorization issued under this
section is valid for the period specified in it,
and may be renewed for any period specified
in the renewal. No authorization or renewal
may be for a period longer than one year.
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| Variance or
cancellation
of
authorization
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(6) An authorization issued under this
section may be varied or cancelled in writing
at any time.
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| Authorization
s not statutory
instruments
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(7) Authorizations issued under this section
are not statutory instruments within the
meaning of the Statutory Instruments Act.
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| Protection of
persons
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(8) Notwithstanding any other law, every
person or class of persons that is authorized to
give effect to an authorization issued under
this section, or any person who assists such a
person, is justified in taking any reasonable
action necessary to give effect to the
authorization.
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| Crown
Liability and
Proceedings
Act
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(9) No action lies under section 18 of the
Crown Liability and Proceedings Act in
respect of
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(a) the use or disclosure under this section
of any communication intercepted under
the authority of an authorization issued
under this section; or
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(b) the disclosure under this section of the
existence of such a communication.
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| Exclusion of
Part VI of
Criminal
Code
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(10) Part VI of the Criminal Code does not
apply in relation to an interception of a
communication under the authority of an
authorization issued under this section or in
relation to a communication so intercepted.
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88. Section 278 of the Act is replaced by
the following:
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| Call out of
Canadian
Forces
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278. On receiving a requisition in writing
made by an attorney general under section
277, the Chief of the Defence Staff, or such
officer as the Chief of the Defence Staff may
designate, shall, subject to such directions as
the Minister considers appropriate in the
circumstances and in consultation with that
attorney general and the attorney general of
any other province that may be affected , call
out such part of the Canadian Forces as the
Chief of the Defence Staff or that officer
considers necessary for the purpose of
suppressing or preventing any actual riot or
disturbance or any riot or disturbance that is
considered as likely to occur.
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| 1998, c. 35,
s. 89
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89. The headings before section 286 of the
Act are replaced by the following:
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| Definitions
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285.01 In this Part, ``employer'' and
``Minister'' have the meaning prescribed in
regulations made by the Governor in Council.
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| Employer's
duty to
reinstate
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285.02 (1) If an officer or
non-commissioned member of the reserve
force is called out on service in respect of an
emergency, the officer's or member's
employer shall reinstate the officer or member
in employment at the expiry of that service.
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| Nature of
reinstatement
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(2) The officer or member must be
reinstated in a capacity and under terms and
conditions of employment no less favourable
to the officer or member than those that would
have applied if the officer or member had
remained in the employer's employment.
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| Officer or
member must
apply
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(3) An officer or member who wishes to be
reinstated must apply to the employer for
reinstatement within ninety days after the
expiry of the officer's or member's actual
service or service deemed extended by virtue
of section 285.03.
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| Exception
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(4) The employer's duty to reinstate an
officer or member does not apply in the
circumstances prescribed in regulations made
by the Governor in Council.
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| Application
procedure
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(5) The procedure for applying for
reinstatement is that prescribed in regulations
made by the Governor in Council.
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| Hospitalizatio
n or
incapacity
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285.03 If, immediately following the
officer's or member's service, the officer or
member is hospitalized or is physically or
mentally incapable of performing the duties of
the position to which the officer or member
would have been entitled on reinstatement,
the period of hospitalization or incapacity, to
a maximum prescribed in regulations made by
the Governor in Council, is deemed for the
purposes of this Part to be part of the period of
the officer's or member's service.
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| Benefits and
obligations on
reinstatement
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285.04 On reinstatement, an officer's or
member's benefits, and the employer's
obligations, in respect of remuneration,
pension, promotion, permanent status,
seniority, paid vacation and other employment
benefits shall be in accordance with
regulations made by the Governor in Council.
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| Agreements
or
arrangements
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285.05 Any agreement or arrangement
between an employer and an officer or
member respecting reinstatement continues in
force, except to the extent that it is less
advantageous to the officer or member than is
this Part.
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| Termination
without
reasonable
cause
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285.06 During the one-year period
following an officer's or member's
reinstatement,
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(a) the employer shall not terminate the
officer's or member's employment without
reasonable cause; and
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(b) if the employer terminates the officer's
or member's employment, the onus, in any
prosecution under section 285.08, is on the
employer to establish that the employer had
reasonable cause.
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| Reinstatement
Officers
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285.07 (1) The Minister may designate any
person as a Reinstatement Officer to assist in
the administration and enforcement of this
Part, and shall issue to a Reinstatement Officer
a certificate of designation.
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| Powers and
duties
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(2) The powers and duties of Reinstatement
Officers are those prescribed in regulations
made by the Governor in Council.
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| Requests for
information
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(3) A Reinstatement Officer may make
reasonable requests of an employer for
information relating to the reinstatement of an
officer or member.
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| Offence
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285.08 (1) Every employer who
contravenes section 285.02 or 285.06 or a
regulation made for the purpose of section
285.04 is guilty of an offence punishable on
summary conviction.
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| Additional
order
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(2) A court that convicts an employer of an
offence under subsection (1) may, in addition
to any other punishment that it imposes, order
the employer to pay to the officer or member
affected an amount that the court considers
reasonable in the circumstances.
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| Special case
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(3) The failure of an officer or member to
perform the duties of their position during a
period when the officer or member is being
assisted by a Reinstatement Officer is not
reasonable cause for terminating the officer's
or member's employment.
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| Offence
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285.09 Every person who fails to comply
with a reasonable request made under
subsection 285.07(3) is guilty of an offence
punishable on summary conviction.
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| Minister may
prosecute
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285.1 The Minister shall institute and
conduct a prosecution under section 285.08,
without cost to the officer or member, if the
Minister considers that the circumstances
warrant a prosecution under that section.
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| Time limit
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285.11 Proceedings may be instituted under
section 285.08 or 285.09 within, but not later
than, one year after the time when the
subject-matter of the proceedings arose.
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