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| Designation
of controlled
access
military zone
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260.1 (1) Subject to subsection (2), the
Minister personally, on the recommendation
of the Chief of the Defence Staff, may
designate a controlled access military zone in
Canada in relation to
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(a) a defence establishment;
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(b) property that is provided for the
Canadian Forces or the Department and is
situated outside a defence establishment; or
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(c) a vessel, aircraft or other property under
the control of a visiting force that is legally
in Canada by virtue of the Visiting Forces
Act or otherwise.
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| Limitation
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(2) The Minister may designate a controlled
access military zone only if it is reasonably
necessary for ensuring the safety or security of
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(a) any person in, on or about anything
referred to in paragraphs (1)(a) to (c); or
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(b) anything referred to in paragraphs (1)(a)
to (c).
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| Nature of
zone
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(3) A controlled access military zone may
consist of an area of land or water, a portion of
airspace, or a structure or part of one,
surrounding a thing referred to in subsection
(1) or including it, whether the zone
designated is fixed or moves with that thing.
The zone automatically includes all
corresponding airspace above, and water and
land below, the earth's surface.
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| Dimensions
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(4) The dimensions of a controlled access
military zone may not be greater than is
reasonably necessary to ensure the safety or
security of any person, thing or property for
which the zone is designated.
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| Effective
period of
designation
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(5) Subject to subsection (6), a designation
is valid for the period specified in it, and may
be renewed for any period specified in the
renewal.
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| Time limit
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(6) A designation or renewal may not be for
a period longer than is reasonably necessary
for the purpose of subsection (2). No
designation or renewal may be for a period
longer than one year.
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| Renewal of
designation
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(7) Subject to subsection (6), a designation
may be renewed
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(a) by the Minister personally, on the
recommendation of the Chief of the
Defence Staff, if as a result of the renewal
the designation would be in effect for one
year or less; or
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(b) by the Governor in Council, if as a result
of the renewal the designation would be in
effect for more than one year.
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| Variance or
cancellation
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(8) A designation or renewal may be varied
or cancelled at any time by the authority that
made the designation or renewal, as the case
may be. For greater certainty, the ``authority'',
in the case of the Minister, means the Minister
personally on the recommendation of the
Chief of the Defence Staff.
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| Statutory
Instruments
Act not
applicable
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(9) A designation, renewal, variance or
cancellation is not a statutory instrument
within the meaning of the Statutory
Instruments Act.
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| Notice
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(10) As soon as possible after a designation
is made, renewed, varied or cancelled, the
Minister shall, by any means that the Minister
considers appropriate in the circumstances,
give notice of the designation, renewal,
variance or cancellation to persons who in the
Minister's opinion may be affected by it,
unless the Minister 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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| Publication in
Canada
Gazette
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(11) The Minister shall publish in the
Canada Gazette a notice of a designation,
renewal, variance or cancellation within 23
days after the designation, renewal, variance
or cancellation is made, unless the Minister 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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| Powers
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(12) The Canadian Forces may permit,
control, restrict or prohibit access to a
controlled access military zone.
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| Unauthorized
entry
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(13) A person found in a controlled access
military 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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| Bar of action
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(14) No action for loss, damage or injury
lies by reason only of the designation of a
controlled access military zone or the
implementation of measures to enforce the
designation.
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| Compensation
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(15) 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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75. (1) Paragraph 273.1(a) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (i), by replacing
the word ``and'' at the end of subparagraph
(ii) with the word ``or'' and by adding the
following after subparagraph (ii):
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(iii) any controlled access military 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 controlled access
military zone, including, without
restricting the generality of the foregoing,
regulations
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| 1998, c. 35,
s. 85
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76. 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 controlled access military
zone,
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77. The Act is amended by adding the
following after section 273.7:
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| Ministerial
authorization
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273.8 (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 in relation
to an activity or class of activities specified in
the authorization, if such communications
originate from, are directed to or transit
through any such computer system or
network, in the course of and for the sole
purpose of identifying, isolating or preventing
any harmful unauthorized use of, any
interference with or any 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 in relation to an
activity or class of activities specified in the
authorization, if such communications
originate from, are directed to or transit
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 any
harmful unauthorized use of, any interference
with or any 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 any harmful unauthorized
use of, any interference with or any 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 any
harmful unauthorized use of, any
interference with or any 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 contained in 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 of any
communication intercepted under the
authority of an authorization issued under
this section, if the use or disclosure of the
communication is reasonably necessary to
identify, isolate or prevent any harmful
unauthorized use of, any interference with
or any damage to the systems or networks or
the data that they contain; or
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(b) the disclosure 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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| Duties of
Commissioner
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273.9 (1) The Commissioner of the
Communications Security Establishment
appointed under subsection 273.63(1) has, in
relation to the activities referred to in section
273.8, the following duties:
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(a) to review activities carried out under an
authorization issued under that section to
ensure that they are in compliance with the
law, and to report annually to the Minister
on the review;
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(b) in response to a complaint, to undertake
any investigation that the Commissioner
considers necessary; and
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(c) to inform the Minister and, if the
Commissioner considers it appropriate, the
Attorney General of Canada, of any activity
referred to in paragraph (a) that the
Commissioner believes may not be in
compliance with the law.
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| Certain
provisions
apply
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(2) For the purposes of subsection (1),
subsections 273.63(3) to (6) apply to the
Commissioner.
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78. 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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79. 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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