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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to amend certain Acts of Canada, and to enact measures for
implementing the Biological and Toxin Weapons Convention, in order
to enhance public safety''.
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This enactment amends certain Acts of Canada, and enacts the
Biological and Toxin Weapons Convention Implementation Act, in
order to enhance public safety.
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Part 1 amends the Aeronautics Act to enhance the scope and
objectives of the existing aviation security regime.
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The amendments permit the Minister and delegated officers to make
emergency directions in order to provide an immediate response to
situations involving aviation security, and they permit the Minister to
delegate, for the same purpose, the power to make security measures.
They clarify and expand the regulation-making power relating to
screening. They require air carriers or operators of aviation reservation
systems to provide information concerning specified flights or persons.
They also require them to provide information for transportation
security purposes and other limited law enforcement and national
security purposes. They create a new offence concerning passengers
who are unruly or who jeopardize the safety or security of an aircraft in
flight. They provide a legislative basis for security clearances. They also
authorize the making of regulations that require the establishment of
security management systems by the Canadian Air Transport Security
Authority and by air carriers and operators of aerodromes and other
aviation facilities.
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Part 2 amends the definitions of ``screening'' and ``screening point''
in the Canadian Air Transport Security Authority Act to include
emergency directions made under the Aeronautics Act. It also permits
the Authority to enter into agreements with operators of designated
aerodromes respecting the sharing of policing costs.
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Part 3 amends the Canadian Environmental Protection Act, 1999 to
authorize the Minister to make an interim order under Part 8 of that Act
if the appropriate Ministers believe that immediate action is required to
deal with a significant danger to the environment or to human life or
health.
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Part 4 adds a new offence to the Criminal Code for communicating
information or committing any act that is likely to lead others to falsely
believe that terrorist activity is occurring, with the intention of causing
persons to fear death, bodily harm, substantial damage to property or
serious interference with the lawful use or operation of property.
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Part 5 amends the Department of Health Act to authorize the Minister
to make an interim order if the Minister believes that there is a
significant risk to health or safety and immediate action is required to
deal with the risk.
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Part 6 amends the Explosives Act to implement the Organization of
American States Inter-American Convention Against the Illicit
Manufacturing of and Trafficking in Firearms, Ammunition,
Explosives, and Other Related Materials as it relates to explosives and
ammunition. It prohibits the illicit manufacturing of explosives, and
illicit trafficking in explosives and components of ammunition. It
allows for increased control over the importation, exportation,
transportation through Canada, acquisition, possession and sale of
explosives and certain components of explosives, and provides
increased penalties for certain offences.
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Part 7 amends the Export and Import Permits Act by providing for
control over the export and transfer of technology, as defined, in
addition to control over the export of goods as provided for in the Export
and Import Permits Act at present. It also authorizes the Minister of
Foreign Affairs to address security concerns when considering
applications for permits to export or transfer goods or technology.
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Part 8 amends the Food and Drugs Act to authorize the Minister to
make an interim order if the Minister believes that there is a significant
risk to health, safety or the environment and immediate action is
required to deal with the risk.
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Part 9 amends the Hazardous Products Act to authorize the Minister
to make an interim order if the Minister believes that there is a
significant risk to health or safety and immediate action is required to
deal with the risk.
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Part 10 amends the Marine Transportation Security Act to permit the
Minister to enter into agreements respecting security of marine
transportation and to make contributions or grants in respect of actions
that enhance security on vessels or at marine facilities.
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Part 11 amends the National Defence Act to allow for the
identification and prevention of the harmful unauthorized use of, or
interference with, computer systems and networks of the Department of
National Defence or the Canadian Forces, and to ensure the protection
of those systems and networks. The amendments provide authority for
the designation of controlled access military zones and allow
enforcement measures. The amendments also clarify the provisions
dealing with active service and the definition of ``emergency''. In cases
of aid to the civil power, the amendments allow the Minister to provide
direction to the Chief of the Defence Staff on how to respond to
provincial requisitions. The amendments provide for a member of the
reserve force who is called out on service during an emergency to be
reinstated with their former employer at the conclusion of the period of
call out. The amendments also establish the Reserve Military Judges
Panel, thus making it possible to increase, according to the needs of the
military justice system, the number of officers who can be selected to
hear military cases.
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Part 12 amends the National Energy Board Act by extending the
powers and duties of the National Energy Board to include matters
relating to the security of pipelines and international power lines. It
authorizes the Board, with the approval of the Governor in Council, to
make regulations respecting the security of pipelines and international
power lines. It provides the Board with authority to waive the
requirement to publish notice of certain applications in the Canada
Gazette if there is a critical shortage of electricity. It authorizes the
Board to take measures in its proceedings and orders to ensure the
confidentiality of information that could pose a risk to security, in
particular the security of pipelines and international power lines.
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Part 13 amends the Navigable Waters Protection Act to authorize the
Minister to make an interim order if the Minister believes that there is
a significant risk to safety or security and immediate action is required
to deal with the risk.
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Part 14 amends the Office of the Superintendent of Financial
Institutions Act by authorizing the Superintendent of Financial
Institutions to disclose to the Financial Transactions and Reports
Analysis Centre of Canada information related to compliance by
financial institutions with Part 1 of the Proceeds of Crime (Money
Laundering) and Terrorist Financing Act.
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Part 15 amends the Pest Control Products Act to authorize the
Minister to make an interim order if the Minister believes that there is
a significant risk to health, safety or the environment and immediate
action is required to deal with the risk.
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Part 16 amends the Proceeds of Crime (Money Laundering) and
Terrorist Financing Act by extending the types of government
databases from which the Financial Transactions and Reports Analysis
Centre of Canada (FINTRAC) may collect information considered
relevant to money laundering or terrorist financing to include national
security databases. The amendments also authorize FINTRAC to
exchange information related to compliance with Part 1 of that Act with
regulators and supervisors of persons and entities subject to that Act, in
order to facilitate FINTRAC's compliance responsibilities under that
Act.
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Part 17 amends the Quarantine Act to authorize the Minister to make
an interim order if the Minister believes that there is a significant risk to
health or safety and immediate action is required to deal with the risk.
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Part 18 amends the Radiation Emitting Devices Act to authorize the
Minister to make an interim order if the Minister believes that there is
a significant risk to health or safety and immediate action is required to
deal with the risk.
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Part 19 amends the Canada Shipping Act and the Canada Shipping
Act, 2001 to authorize the appropriate Minister or Ministers to make an
interim order if the Minister or Ministers believe that there is a
significant risk to safety, security or the environment and immediate
action is required to deal with the risk.
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Part 20 enacts the Biological and Toxin Weapons Convention
Implementation Act.
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