Bill C-42

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First Reading

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	Military Security Zones
Designation of military security zone	260.1 (1) If it is necessary, in the opinion of the Minister, for the protection of international relations or national defence or security, the Minister, on the recommendation of the Chief of the Defence Staff, may, for the purpose of ensuring the safety or security of any person or thing, designate as a military security zone an area of land or water, a portion of airspace, or a structure or part of one, surrounding a thing referred to in subsection (2) or including it, whether the zone designated is fixed or moves with that thing. The zone automatically includes all corresponding water and land below the earth's surface.
Designation	(2) A military security zone may be designated only in relation to
	(a) a defence establishment;
	(b) materiel or property under the control of Her Majesty in right of Canada and situated outside a defence establishment;
	(c) a vessel, aircraft or other thing under the control of a visiting force that is legally in Canada by virtue of the Visiting Forces Act or otherwise; or
	(d) property, a place or a thing that the Canadian Forces have been directed to protect in order to fulfil a duty required by law.
Dimensions	(3) When designating a military security zone, the Minister shall ensure that its dimensions are not greater than is reasonably necessary to ensure the safety or security of any person or thing for which the zone is designated.
Powers	(4) The Canadian Forces may prohibit, restrict or control access to a military security zone.
Unauthorized entry	(5) A person found in a military security 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.
Notice of designation	(6) As soon as possible after making a designation, the Minister shall, by any means that the Minister considers appropriate in the circumstances, give notice of the designation to persons who, in his or her opinion, may be affected by the designation, unless he or she is of the opinion that it is inadvisable to do so for reasons of international relations or national defence or security.
Effective period of designation	(7) A designation is valid for the period specified in it, and may be renewed for any period specified in the renewal. No designation or renewal may be for a period longer than one year.
Variance or cancellation	(8) A designation may be varied or cancelled at any time.
Bar of action	(9) No action for loss, damage or injury lies by reason only of the designation of a military security zone or the implementation of measures to enforce the designation.
Compensation	(10) 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.
	85. (1) Paragraph 273.1(a) of the Act is amended by striking out the word ``or'' at the end of subparagraph (i), by adding the word ``or'' at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
	(iii) any military security zone ; and
R.S., c. 31 (1st Supp.), s. 59	(2) The portion of paragraph 273.1(b) of the Act before subparagraph (i) is replaced by the following:
	(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 military security zone, including, without restricting the generality of the foregoing, regulations
1998, c. 35, s. 85	86. Paragraph 273.2(b) of the Act is replaced by the following:
	(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 military security zone,
	87. The Act is amended by adding the following after section 273.6:
	PART V.1
	AUTHORIZATIONS
	Computer Systems and Networks
Ministerial authorization	273.7 (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 originating from, directed to or transiting through any such computer system or network in the course of, and for the sole purpose of, identifying, isolating or preventing an unauthorized use of, interference with or damage to those systems or networks or the data that they contain.
Authorization to Chief of Defence Staff	(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 originating from, directed to or transiting 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 an unauthorized use of, interference with or damage to those systems or networks or the data that they contain.
Conditions for authorization	(3) The Minister may issue an authorization under subsection (1) or (2) only if satisfied that
	(a) the interception is necessary to identify, isolate or prevent an unauthorized use of, interference with or damage to the systems or networks or the data that they contain;
	(b) the information to be obtained from the interception could not reasonably be obtained by other means;
	(c) the consent of persons whose private communications may be intercepted cannot reasonably be obtained;
	(d) satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent an unauthorized use of, interference with or damage to the systems or networks or the data that they contain will be used or retained; and
	(e) satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information.
Conditions in authorization	(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 derived from the private communications.
Effective period of authorization	(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.
Variance or cancellation of authorization	(6) An authorization issued under this section may be varied or cancelled in writing at any time.
Authorization s not statutory instruments	(7) Authorizations issued under this section are not statutory instruments within the meaning of the Statutory Instruments Act.
Protection of persons	(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.
Crown Liability and Proceedings Act	(9) No action lies under section 18 of the Crown Liability and Proceedings Act in respect of
	(a) the use or disclosure under this section of any communication intercepted under the authority of an authorization issued under this section; or
	(b) the disclosure under this section of the existence of such a communication.
Exclusion of Part VI of Criminal Code	(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.
	88. Section 278 of the Act is replaced by the following:
Call out of Canadian Forces	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.
1998, c. 35, s. 89	89. The headings before section 286 of the Act are replaced by the following:
	PART VII
	REINSTATEMENT IN CIVIL EMPLOYMENT
	Interpretation
Definitions	285.01 In this Part, ``employer'' and ``Minister'' have the meaning prescribed in regulations made by the Governor in Council.
	Reinstatement
Employer's duty to reinstate	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.
Nature of reinstatement	(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.
Officer or member must apply	(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.
Exception	(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.
Application procedure	(5) The procedure for applying for reinstatement is that prescribed in regulations made by the Governor in Council.
Hospitalizatio n or incapacity	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.
Benefits and obligations on reinstatement	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.
Agreements or arrangements	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.
Termination without reasonable cause	285.06 During the one-year period following an officer's or member's reinstatement,
	(a) the employer shall not terminate the officer's or member's employment without reasonable cause; and
	(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.
	Administration and Enforcement
Reinstatement Officers	285.07 (1) The Minister may designate any person as a Reinstatement Officer to assist in the administration and enforcement of this Part, and shall issue to a Reinstatement Officer a certificate of designation.
Powers and duties	(2) The powers and duties of Reinstatement Officers are those prescribed in regulations made by the Governor in Council.
Requests for information	(3) A Reinstatement Officer may make reasonable requests of an employer for information relating to the reinstatement of an officer or member.
	Offence and Punishment
Offence	285.08 (1) Every employer who contravenes section 285.02 or 285.06 or a regulation made for the purpose of section 285.04 is guilty of an offence punishable on summary conviction.
Additional order	(2) A court that convicts an employer of an offence under subsection (1) may, in addition to any other punishment that it imposes, order the employer to pay to the officer or member affected an amount that the court considers reasonable in the circumstances.
Special case	(3) The failure of an officer or member to perform the duties of their position during a period when the officer or member is being assisted by a Reinstatement Officer is not reasonable cause for terminating the officer's or member's employment.
Offence	285.09 Every person who fails to comply with a reasonable request made under subsection 285.07(3) is guilty of an offence punishable on summary conviction.
Minister may prosecute	285.1 The Minister shall institute and conduct a prosecution under section 285.08, without cost to the officer or member, if the Minister considers that the circumstances warrant a prosecution under that section.
Time limit	285.11 Proceedings may be instituted under section 285.08 or 285.09 within, but not later than, one year after the time when the subject-matter of the proceedings arose.