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| Interim orders
|
32. (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Part
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to safety or security.
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| Cessation of
effect
|
(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(b) the day on which it is repealed,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 Part, 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unpublished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
|
(3) No person 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
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 likely to be affected by it.
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| Exemption
from
Statutory
Instruments
Act
|
(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
|
(5) For the purpose of any provision of this
Part 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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| R.S., c. 18
(3rd Supp.),
Part I
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107. Section 22 of the Office of the
Superintendent of Financial Institutions Act
is amended by adding the following after
subsection (1):
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| Disclosure by
Superintenden
t
|
(1.1) Despite subsection (1), subsections
606(1) and 636(1) of the Bank Act, subsection
435(1) of the Cooperative Credit Associations
Act, subsection 672(1) of the Insurance
Companies Act and subsection 503(1) of the
Trust and Loan Companies Act, the
Superintendent may disclose to the Financial
Transactions and Reports Analysis Centre of
Canada established by section 41 of the
Proceeds of Crime (Money Laundering) Act
information relating to policies and
procedures that financial institutions adopt to
ensure their compliance with Part 1 of the
Proceeds of Crime (Money Laundering) Act.
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| R.S., c. P-9
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108. The Pest Control Products Act is
amended by adding the following after
section 6:
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| Interim orders
|
6.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Act
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health, safety or the
environment.
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| Cessation of
effect
|
(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.
|
|
| Contravention
of
unpublished
order
|
(3) No person 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
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 likely to be affected by it.
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|
| Exemption
from
Statutory
Instruments
Act
|
(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
|
(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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| 2000, c. 17
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109. Section 65 of the Proceeds of Crime
(Money Laundering) Act is renumbered as
subsection 65(1) and is amended by adding
the following:
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| Compliance
of persons or
entities
|
(2) For the purpose of ensuring compliance
with Part 1, the Centre may disclose to or
receive from any agency or body that
regulates or supervises persons or entities to
whom Part 1 applies information relating to
the compliance of those persons or entities
with that Part.
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| Limitation
|
(3) Any information disclosed by the Centre
under subsection (2) may be used by an
agency or body referred to in that subsection
only for purposes relating to compliance with
Part 1.
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| R.S., c. Q-1
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110. The Quarantine Act is amended by
adding the following after section 21:
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| Interim
orders -
regulations
|
21.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Act
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health or safety.
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| Interim
orders -
subsection
21(2)
|
(2) The Minister may make an interim order
in which any power referred to in subsection
21(2) is deemed to be exercised, if the
Minister believes that immediate action is
required to deal with a significant risk, direct
or indirect, to health or safety.
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| Cessation of
effect
|
(3) 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) in the case of an interim order made
under subsection (1), the day on which a
regulation made under this Act that has the
same effect as the interim order comes into
force and, in the case of an interim order
made under subsection (2), the day on
which an order made by the Governor in
Council 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.
|
|
| Contravention
of
unpublished
order
|
(4) No person 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
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 likely to be affected by it.
|
|
| Exemption
from
Statutory
Instruments
Act
|
(5) 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
|
(6) 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
provisions that may be contained in a
regulation made under the specified
provision.
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| R.S., c. R-1
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|
111. The Radiation Emitting Devices Act is
amended by adding the following after
section 13:
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| Interim orders
|
13.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Act
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health or safety.
|
|
| Cessation of
effect
|
(2) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
|
|
|
|
(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
|
|
|
|
(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
|
|
| Contravention
of
unpublished
order
|
(3) No person 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
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 likely to be affected by it.
|
|
| Exemption
from
Statutory
Instruments
Act
|
(4) An interim order
|
|
|
|
(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
|
|
|
|
(b) shall be published in the Canada
Gazette within 23 days after it is made.
|
|
| Deeming
|
(5) For the purpose of any provision of this
Act other than this section and subsection
13(2), 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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|
| R.S., c. S-9
|
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|
112. The Canada Shipping Act is amended
by adding the following after section 8:
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|
|
| Interim orders
|
8.1 (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 section 562;
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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
section 423, 519, 562.15, 562.16 or 660.9;
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 any other section of
the Act, other than section 727.7.
|
|
| Cessation of
effect
|
(2) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
|
|
|
|
(a) 90 days after it is made, unless it is
approved by the Governor in Council,
|
|
|
|
(b) the day on which it is repealed,
|
|
|
|
(c) the day on which a regulation made
under this Act, that has the same effect as
the interim order, comes into force, and
|
|
|
|
(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
|
|
| Contravention
of
unpublished
order
|
(3) No person or ship 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 ship 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 ships likely to be affected by
it.
|
|
| Exemption
from
Statutory
Instruments
Act
|
(4) An interim order
|
|
|
|
(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
|
|
|
|
(b) shall be published in the Canada
Gazette within 23 days after it is made.
|
|
| Deeming
|
(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.
|
|