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Bill C-55

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Warrant to enter dwelling-hous e

(5) An inspector may not enter a dwelling-house except with the consent of the occupant or under the authority of a warrant issued under subsection (6).

Authority to issue warrant

(6) If on ex parte application a justice of the peace is satisfied by information on oath that

    (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

    (b) entry into the dwelling-house is necessary for any purpose relating to the administration of this Act or the regulations, and

    (c) entry into the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused,

the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-house, subject to any conditions that may be specified in the warrant.

Use of force

(7) The inspector may not use force to execute the warrant unless its use is specifically authorized in the warrant.

Search and seizure

12. (1) An inspector is a public officer for the purposes of the application of section 487 of the Criminal Code in respect of an offence under subsection 6(1) unless otherwise provided by the conditions set under section 9.

Where warrant not necessary

(2) An inspector may exercise without a warrant any of the powers conferred by virtue of subsection (1) if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.

Notice of reason for seizure

(3) An inspector who seizes and detains anything shall, as soon as practicable, advise its owner or the person having the possession, care or control of it at the time of its seizure of the reason for the seizure.

Obstruction and false statements

13. (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector or a representative of the responsible authority engaged in carrying out duties under this Act.

Assistance to inspectors

(2) The owner or person in charge of a place entered under section 11 and every person present in that place shall give an inspector all reasonable assistance to enable the inspector to perform his or her duties, and shall furnish the inspector with any information related to the administration of this Act that the inspector reasonably requests.

Interference

(3) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with any thing seized under this Act.

Punishment

14. (1) Every person who contravenes section 6 or 7 is guilty of an indictable offence and liable on conviction to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding ten years, or to both.

Punishment

(2) Every person who contravenes section 13 or 17, subsection 18(2) or section 19 or any provision of the regulations is guilty of an offence punishable on summary conviction and liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding two years, or to both.

Continuing offence

15. Where an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

Jurisdiction

16. (1) Where a person is alleged to have committed an offence under this Act, proceedings in respect of that offence may be commenced at the instance of the Government of Canada and conducted by the Attorney General of Canada or counsel acting on his or her behalf in any territorial division in Canada, if the offence is alleged to have occurred outside the province in which the proceedings are commenced, whether or not proceedings have previously been commenced elsewhere in Canada.

Trial and punishment

(2) An accused may be tried and punished in respect of an offence referred to in subsection (1) in the same manner as if the offence had been committed in the territorial division where the proceeding is conducted.

INFORMATION AND DOCUMENTS

Information and documents

17. Every person who develops, produces, retains, stockpiles, otherwise acquires or possesses, uses, transfers, exports or imports any microbial or other biological agent, any toxin or any related equipment identified in the regulations shall

    (a) provide such information, at such times and in such form, as may be specified by the regulations, to the responsible authority or to any other portion of the public service of Canada specified by the regulations; and

    (b) keep and maintain in Canada the documents specified by the regulations, at the person's place of business or at such other place as may be designated by the Minister, in the manner and for the period that is specified by the regulations and, on request by the Minister or the responsible authority, provide the documents to the responsible authority or to any other portion of the public service of Canada specified by the regulations.

Notice for disclosure of information

18. (1) The Minister may send a notice to any person who the Minister believes on reasonable grounds has information or documents relevant to the enforcement of this Act, requesting the person to provide the information or documents to the Minister.

Compliance with notice

(2) A person who receives a notice referred to in subsection (1) shall provide the requested information and documents that are under the person's care or control to the Minister in the form and within the time specified in the notice.

Confidential information

19. No person who obtains information or documents pursuant to this Act or the Convention from a person who consistently treated them in a confidential manner shall knowingly, without the written consent of that person, communicate them or allow them to be communicated to any person, or allow any person to have access to them, except

    (a) for the purpose of the enforcement or application of this Act or any other Act of Parliament;

    (b) pursuant to an obligation of the Government of Canada under the Convention; or

    (c) to the extent that they are required to be disclosed or communicated in the interest of public safety.

REGULATIONS

Powers of Governor in Council

20. The Governor in Council may, on the recommendation of the Minister and any other Minister who has powers in relation to biological agents or toxins, make regulations

    (a) defining ``biological agent'', ``microbial agent'' and ``toxin'' for the purposes of this Act;

    (b) respecting conditions under which activities referred to in subsection 7(1) may be carried on, providing for the issue, suspension and cancellation of authorizations governing the carrying on of any such activity and prescribing the fees or the manner of calculating the fees to be paid in respect of any such authorizations;

    (c) identifying microbial or other biological agents and toxins for the purposes of subsection 7(1) or (2);

    (d) respecting the powers, privileges, immunities and obligations of representatives of the responsible authority who are designated under subsection 8(2) and respecting the privileges and immunities of inspectors;

    (e) respecting the detention, storage, transfer, restoration, forfeiture and disposal - including destruction - of things removed by inspectors under this Act or seized by inspectors under section 487 of the Criminal Code;

    (f) for the purposes of section 17, identifying microbial or other biological agents and toxins and related equipment, and specifying anything that is to be specified by the regulations; and

    (g) generally for carrying out the purposes and provisions of the Convention.

PART 21

CONSEQUENTIAL, COORDINATING AND COMMENCEMENT PROVISIONS

Consequential Amendments

R.S., c. C-46

Criminal Code

106. The definition ``offence'' in section 183 of the Criminal Code is replaced by the following:

``offence''
« infraction »

``offence'' means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

      (a) any of the following provisions of this Act, namely,

        (i) section 47 (high treason),

        (ii) section 51 (intimidating Parliament or a legislature),

        (iii) section 52 (sabotage),

        (iv) section 57 (forgery, etc.),

        (v) section 61 (sedition),

        (vi) section 76 (hijacking),

        (vii) section 77 (endangering safety of aircraft or airport),

        (viii) section 78 (offensive weapons, etc., on aircraft),

        (ix) section 78.1 (offences against maritime navigation or fixed platforms),

        (x) section 80 (breach of duty),

        (xi) section 81 (using explosives),

        (xii) section 82 (possessing explosives),

        (xii.1) section 83.02 (providing or collecting property for certain activities),

        (xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes),

        (xii.3) section 83.04 (using or possessing property for terrorist purposes),

        (xii.4) section 83.18 (participation in activity of terrorist group),

        (xii.5) section 83.19 (facilitating terrorist activity),

        (xii.6) section 83.2 (commission of offence for terrorist group),

        (xii.7) section 83.21 (instructing to carry out activity for terrorist group),

        (xii.8) section 83.22 (instructing to carry out terrorist activity),

        (xii.9) section 83.23 (harbouring or concealing),

        (xii.91) section 83.231 (hoax - terrorist activity),

        (xiii) section 96 (possession of weapon obtained by commission of offence),

        (xiv) section 99 (weapons trafficking),

        (xv) section 100 (possession for purpose of weapons trafficking),

        (xvi) section 102 (making automatic firearm),

        (xvii) section 103 (importing or exporting knowing it is unauthorized),

        (xviii) section 104 (unauthorized importing or exporting),

        (xix) section 119 (bribery, etc.),

        (xx) section 120 (bribery, etc.),

        (xxi) section 121 (fraud on government),

        (xxii) section 122 (breach of trust),

        (xxiii) section 123 (municipal corruption),

        (xxiv) section 132 (perjury),

        (xxv) section 139 (obstructing justice),

        (xxvi) section 144 (prison breach),

        (xxvii) subsection 145(1) (escape, etc.),

        (xxviii) paragraph 163(1)(a) (obscene materials),

        (xxix) section 163.1 (child pornography),

        (xxx) section 184 (unlawful interception),

        (xxxi) section 191 (possession of intercepting device),

        (xxxii) subsection 201(1) (keeping gaming or betting house),

        (xxxiii) paragraph 202(1)(e) (pool-selling, etc.),

        (xxxiv) subsection 210(1) (keeping common bawdy house),

        (xxxv) subsection 212(1) (procuring),

        (xxxvi) subsection 212(2) (procuring),

        (xxxvii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years),

        (xxxviii) subsection 212(4) (offence - prostitution of person under eighteen),

        (xxxix) section 235 (murder),

        (xl) section 264.1 (uttering threats),

        (xli) section 267 (assault with a weapon or causing bodily harm),

        (xlii) section 268 (aggravated assault),

        (xliii) section 269 (unlawfully causing bodily harm),

        (xliv) section 271 (sexual assault),

        (xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

        (xlvi) section 273 (aggravated sexual assault),

        (xlvii) section 279 (kidnapping),

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