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| R.S., c. R-1
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102. The Radiation Emitting Devices Act
is amended by adding the following after
section 13:
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| Interim orders
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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.
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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) 45 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(b) the day on which it is repealed,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unpublished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 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
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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 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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| Tabling in
Parliament
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(6) A copy of each interim order must be
tabled in each House of Parliament on any of
the first 15 days on which that House is sitting
after the interim order is made.
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| R.S., c. S-9
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103. The Canada Shipping Act is amended
by adding the following after section 8:
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| Interim orders
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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
this Act, other than section 727.7.
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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) 45 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 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.
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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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| Tabling in
Parliament
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(6) A copy of each interim order must be
tabled in each House of Parliament on any of
the first 15 days on which that House is sitting
after the interim order is made.
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| 2001, c. 26
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104. 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) 45 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
|
(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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| Tabling in
Parliament
|
(6) A copy of each interim order must be
tabled in each House of Parliament on any of
the first 15 days on which that House is sitting
after the interim order is made.
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105. 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, and set
conditions applicable to the person's
inspection activities, 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, which must state
the privileges and immunities applicable to
the person and, in the case of an inspector, any
conditions applicable under section 9.
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| Production on
entry
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(2) An inspector or a representative of the
responsible authority shall, on entering any
place under this Act, produce the certificate of
designation at the request of any individual in
charge of that place.
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| Statutory
Instruments
Act
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(3) 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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