Bill C-26

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Royal Assent

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1990, c. 44, s. 15	(2) Subsections 477.3(2) and (3) of the Act are replaced by the following:
Arrest, search, seizure, etc.	(2) A justice or judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure or an investigation or other ancillary matter related to an offence
	(a) committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, or
	(b) referred to in section 477.1
	in the same manner as if the offence had been committed in that territorial division.
Limitation	(3) Where an act or omission that is an offence by virtue only of section 477.1 is alleged to have been committed on board any ship registered outside Canada, the powers referred to in subsection (1) shall not be exercised outside Canada with respect to that act or omission without the consent of the Attorney General of Canada.
1990, c. 44, s. 15	71. (1) Subsections 477.4(1) and (2) of the Act are repealed.
1990, c. 44, s. 15; 1995, c. 5, par. 25(1)(g)	(2) Paragraphs 477.4(3)(a) and (b) of the Act are replaced by the following:
	(a) a certificate referred to in subsection 23(1) of the Oceans Act, or
	(b) a certificate issued by or under the authority of the Minister of Foreign Affairs containing a statement that any geographical location specified in the certificate was, at any time material to the proceedings, in an area of a fishing zone of Canada that is not within the internal waters of Canada or the territorial sea of Canada or outside the territory of any state,
	72. The Act is amended by adding the following after section 481:
Offence in Canadian waters	481.1 Where an offence is committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, proceedings in respect thereof may, whether or not the accused is in Canada, be commenced and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.
Offence outside Canada	481.2 Subject to this or any other Act of Parliament, where an act or omission is committed outside Canada and the act or omission, when committed in those circumstances, is an offence under this or any other Act of Parliament, proceedings in respect thereof may, whether or not the accused is in Canada, be commenced, and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.
Appearance of accused at trial	481.3 For greater certainty, the provisions of this Act relating to
	(a) the requirement of the appearance of an accused at proceedings, and
	(b) the exceptions to that requirement
	apply to proceedings commenced in any territorial division pursuant to section 481, 481.1 or 481.2.
R.S., c. 1 (2nd Supp.) [c. C-52.6]	Customs Act
	*73. (1) The definitions ``Canada'', ``internal waters'' and ``territorial sea'' in subsection 2(1) of the Customs Act* are repealed.**
	(2) Subsection 2(2) of the Act is replaced by the following:
Restriction of Canadian waters	(2) The Governor in Council may from time to time by regulation temporarily restrict, for the purposes of this Act, the extent of Canadian waters, including the inland waters, but no such regulation shall be construed as foregoing any Canadian rights in respect of waters so restricted.
	74. Subsection 11(5) of the Act is replaced by the following:
Exception	(5) Subsections (1) and (3) do not apply to any person who enters Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place outside Canada to another place outside Canada unless an officer requires that person to comply with those subsections.
	75. Subsection 12(5) of the Act is replaced by the following:
Exception	(5) This section does not apply in respect of goods on board a conveyance that enters Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place outside Canada to another place outside Canada unless an officer otherwise requires.
R.S., c. C-53	Customs and Excise Offshore Application Act
R.S., c. 1 (2nd Supp.), s. 213(3) (Sch. III, item 2)	*76. (1) The definitions ``continental shelf'', ``internal waters'' and ``territorial sea'' in subsection 2(1) of the Customs and Excise Offshore Application Act* are repealed.**
	(2) Subsection 2(3) of the Act is repealed.
	77. Paragraphs 7(a) to (c) of the Act are replaced by the following:
	(a) within the limits of the continental shelf of Canada, or
	(b) in Canadian waters, including the inland waters within the meaning of section 2 of the Customs Act,
R.S., c. 41 (3rd Supp.) [c. C-54.01]	Customs Tariff
	*78. Section 9 of the Customs Tariff* is replaced by the following:**
Restriction of Canadian waters	9. For greater certainty, any regulation made pursuant to subsection 2(2) of the Customs Act applies so as to temporarily restrict, for the purposes of this Act, the extent of Canadian waters, including the inland waters.
R.S., c. E-6	Energy Administration Act
	*79. The definition ``offshore area'' in section 20 of the Energy Administration Act* is replaced by the following:**
``offshore area'' « zone extracô- tière »	``offshore area'' means Sable Island or any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada;
R.S., c. E-8	Energy Monitoring Act
	*80. The definition ``Canada'' in subsection 2(1) of the Energy Monitoring Act* is replaced by the following:**
``Canada'' « Canada »	``Canada'' includes the continental shelf of Canada;
R.S., c. E-15	Excise Tax Act
R.S., c. 7 (2nd Supp.), s. 34(1)	*81. Paragraph 70(1)(d) of the Excise Tax Act* is replaced by the following:**
	(d) goods delivered to telegraph cable ships proceeding on an ocean voyage for use in laying or repairing oceanic telegraph cables outside Canadian waters.
R.S., c. F-7	Federal Court Act
	*82. Paragraph 22(3)(c) of the Federal Court Act* is replaced by the following:**
	(c) in relation to all claims, whether arising on the high seas, in Canadian waters or elsewhere and whether those waters are naturally navigable or artificially made so, including, without restricting the generality of the foregoing, in the case of salvage, claims in respect of cargo or wreck found on the shores of those waters; and
	83. Paragraph 43(4)(b) of the Act is replaced by the following:
	(b) the cause of action arose in Canadian waters; or
	84. Subsection 55(1) of the Act is replaced by the following:
Application of process	55. (1) The process of the Court runs throughout Canada and any other place to which legislation enacted by Parliament has been made applicable.
R.S., c. F-28	Foreign Enlistment Act
R.S., c. 1 (2nd Supp.), s. 213(1) (Sch. I, item 6)	*85. The definition ``within Canada'' in section 2 of the Foreign Enlistment Act* is repealed.**
R.S., c. I-21	Interpretation Act
	*86. Section 8 of the Interpretation Act* is amended by adding the following after subsection (2):**
Exclusive economic zone of Canada	(2.1) Every enactment that applies in respect of exploring or exploiting, conserving or managing natural resources, whether living or non-living, applies, in addition to its application to Canada, to the exclusive economic zone of Canada, unless a contrary intention is expressed in the enactment.
Continental shelf of Canada	(2.2) Every enactment that applies in respect of exploring or exploiting natural resources that are
	(a) mineral or other non-living resources of the seabed or subsoil, or
	(b) living organisms belonging to sedentary species, that is to say, organisms that, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil
	applies, in addition to its application to Canada, to the continental shelf of Canada, unless a contrary intention is expressed in the enactment.
	87. Subsection 35(1) of the Act is amended by adding the following in alphabetical order:
``Canada'' « Canada »	``Canada'', for greater certainty, includes the internal waters of Canada and the territorial sea of Canada;
``Canadian waters'' « eaux canadien- nes »	``Canadian waters'' includes the territorial sea of Canada and the internal waters of Canada;
``contiguous zone'' « zone contiguë »	``contiguous zone'',
	(a) in relation to Canada, means the contiguous zone of Canada as determined under the Oceans Act, and
	(b) in relation to any other state, means the contiguous zone of the other state as determined in accordance with international law and the domestic laws of that other state;
``continental shelf'' « plateau continental »	``continental shelf'',
	(a) in relation to Canada, means the continental shelf of Canada as determined under the Oceans Act, and
	(b) in relation to any other state, means the continental shelf of the other state as determined in accordance with international law and the domestic laws of that other state;
``exclusive economic zone'' « zone économique exclusive »	``exclusive economic zone'',
	(a) in relation to Canada, means the exclusive economic zone of Canada as determined under the Oceans Act and includes the seabed and subsoil below that zone, and
	(b) in relation to any other state, means the exclusive economic zone of the other state as determined in accordance with international law and the domestic laws of that other state;
``internal waters'' « eaux intérieures »	``internal waters'',
	(a) in relation to Canada, means the internal waters of Canada as determined under the Oceans Act and includes the airspace above and the bed and subsoil below those waters, and
	(b) in relation to any other state, means the waters on the landward side of the baselines of the territorial sea of the other state;
``territorial sea'' « mer territoriale »	``territorial sea'',
	(a) in relation to Canada, means the territorial sea of Canada as determined under the Oceans Act and includes the airspace above and the seabed and subsoil below that sea, and
	(b) in relation to any other state, means the territorial sea of the other state as determined in accordance with international law and the domestic laws of that other state;