Bill C-85
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
1st Session, 36th Parliament, 46-47-48 Elizabeth II, 1997-98-99
|
|
|
|
The House of Commons of Canada
|
|
|
|
BILL C-85 |
|
|
|
An Act to implement the Agreement among
the Government of Canada,
Governments of Member States of the
European Space Agency, the
Government of Japan, the Government
of the Russian Federation, and the
Government of the United States of
America concerning Cooperation on the
Civil International Space Station and to
make related amendments to other Acts
|
|
|
|
|
|
|
|
SHORT TITLE |
|
| Short title
|
1. This Act may be cited as the Civil
International Space Station Agreement
Implementation Act.
|
|
|
|
INTERPRETATION |
|
| Definitions
|
2. The definitions in this section apply in
this Act.
|
|
| ``Agreement'' « Accord »
|
``Agreement'' means the Agreement among
the Government of Canada, Governments
of Member States of the European Space
Agency, the Government of Japan, the
Government of the Russian Federation, and
the Government of the United States of
America concerning Cooperation on the
Civil International Space Station, entered
into on January 29, 1998, set out in the
schedule, as amended from time to time
under article 27 of the Agreement.
|
|
| ``Minister'' « ministre »
|
``Minister'', in respect of any provision of this
Act, means the member or members of the
Queen's Privy Council for Canada
designated as the Minister or Ministers for
the purpose of that provision.
|
|
|
|
GENERAL |
|
| Purpose
|
3. The purpose of this Act is to fulfil
Canada's obligations under the Agreement.
|
|
| Binding on
Her Majesty
|
4. This Act is binding on Her Majesty in
right of Canada or a province.
|
|
| Order
designating
Minister
|
5. The Governor in Council may, by order,
designate one or more members of the
Queen's Privy Council for Canada as the
Minister or Ministers for the purpose of any
provision of this Act.
|
|
| Delegation of
powers
|
6. The Minister may delegate any powers,
duties and functions conferred on the Minister
by or under this Act to one or more persons
who shall exercise those powers and perform
those duties and functions, subject to any
terms and conditions that the Minister
specifies.
|
|
|
|
INFORMATION |
|
| Notice for
disclosure of
information
|
7. (1) The Minister may send a notice to any
person that the Minister believes, on
reasonable grounds, has information or
documents relevant to the administration or
enforcement of this Act, requesting the person
to provide, within any reasonable period that
the Minister specifies, that information or
those documents to the Minister or any person
that the Minister designates.
|
|
| Application
for court
order
|
(2) If a person objects to providing or fails
to provide the Minister or a designated person,
as the case may be, with any requested
information or a requested document within
the specified period, the Minister may apply to
a judge of a superior court of a province or the
Trial Division of the Federal Court for an
order requiring the person to provide it.
|
|
| Notice of
hearing
|
(3) The Minister shall give the person at
least seven days notice of the hearing of the
application.
|
|
| Order
|
(4) On hearing the application, the judge
may order the person to provide the
information or document if the judge
concludes that, in the circumstances of the
case,
|
|
|
|
|
|
|
|
|
|
| Prohibition
|
8. (1) No person in possession of
information or a document that has been
provided under this Act or the Agreement and
that is subject to a claim that it is confidential
shall knowingly, without the written consent
of the person who provided it, communicate it
or allow any person to have access to it.
|
|
| Exceptions
|
(2) Despite subsection (1), a person in
possession of information or a document that
has been provided under this Act or the
Agreement and that is subject to a claim that
it is confidential may communicate it or allow
any person to have access to it if
|
|
|
|
|
|
|
|
|
|
| Compelled
production
|
(3) Despite any other Act or law, a person
may not be compelled to produce or give
evidence about any information or a
document that has been provided under this
Act or the Agreement and that is subject to a
claim that it is confidential, unless the
proceeding in which the evidence is sought to
be compelled relates to the enforcement of
this Act or another Act of Parliament.
|
|
|
|
REGULATIONS |
|
| Regulations
|
9. The Governor in Council may make
regulations that the Governor in Council
considers necessary for carrying out the
purposes of this Act and giving effect to the
Agreement, including the code of conduct and
a memorandum of understanding or another
implementing arrangement that the
Agreement refers to.
|
|
|
|
AMENDMENTS TO THE AGREEMENT |
|
| Amendment
to schedule
|
10. The Minister shall, by order, amend the
schedule to incorporate any amendment to the
Agreement as soon as it is feasible after the
amendment takes effect.
|
|
|
|
RELATED AMENDMENTS |
|
| R.S., c. C-46
|
Criminal Code |
|
|
|
11. Section 7 of the Criminal Code is
amended by adding the following after
subsection (2.2):
|
|
| Space
Station -
Canadian
crew members
|
(2.3) Despite anything in this Act or any
other Act, a Canadian crew member who,
during a space flight, commits an act or
omission outside Canada that if committed in
Canada would constitute an indictable offence
is deemed to have committed that act or
ommission in Canada, if that act or ommission
is committed
|
|
|
|
|
|
|
|
|
|
| Space
Station -
crew members
of Partner
States
|
(2.31) Despite anything in this Act or any
other Act, a crew member of a Partner State
who commits an act or omission outside
Canada during a space flight on, or in relation
to, a flight element of the Space Station or on
any means of transportation to and from the
Space Station that if committed in Canada
would constitute an indictable offence is
deemed to have committed that act or
ommission in Canada, if that act or ommission
|
|
|
|
|
|
|
|
|
|
| Proceedings
by Attorney
General of
Canada
|
(2.32) Despite the definition ``Attorney
General'' in section 2, the Attorney General of
Canada may conduct proceedings in relation
to an offence referred to in subsection (2.3) or
(2.31). For that purpose, the Attorney General
of Canada may exercise all the powers and
perform all the duties and functions assigned
to the Attorney General by or under this Act.
|
|
| Consent of
Attorney
General of
Canada
|
(2.33) No proceedings in relation to an
offence referred to in subsection (2.3) or
(2.31) may be instituted without the consent of
the Attorney General of Canada.
|
|
| Definitions
|
(2.34) The definitions in this subsection
apply in this subsection and in subsections
(2.3) and (2.31).
|
|
| ``Agreement'' « Accord »
|
``Agreement'' has the same meaning as in
section 2 of the Civil International Space
Station Agreement Implementation Act.
|
|
| ``Canadian
crew
member'' « membre d'équipage canadien »
|
``Canadian crew member'' means a crew
member of the Space Station who is
|
|
|
|
|
|
|
|
|
|
| ``crew
member of a
Partner State'' « membre d'équipage d'un État partenaire »
|
``crew member of a Partner State'' means a
crew member of the Space Station who is
|
|
|
|
|
|
|
|
|
|
| ``flight
element'' « élément de vol »
|
``flight element'' means a Space Station
element provided by Canada or by a Partner
State under the Agreement and under any
memorandum of understanding or other
implementing arrangement entered into to
carry out the Agreement.
|
|
| ``Partner
State'' « État partenaire »
|
``Partner State'' means a State, other than
Canada, who contracted to enter into the
Agreement and for which the Agreement
has entered into force in accordance with
article 25 of the Agreement.
|
|
| ``space flight'' « vol spatial »
|
``space flight'' means the period that begins
with the launching of a crew member of the
Space Station, continues during their stay in
orbit and ends with their landing on earth.
|
|
| ``Space
Station'' « station spatiale »
|
``Space Station'' means the civil international
Space Station that is a multi-use facility in
low-earth orbit, with flight elements and
dedicated ground elements provided by, or
on behalf of, the Partner States.
|
|
| R.S., c. G-5
|
Government Employees Compensation Act |
|
|
|
12. Subsection 9(3) of the Government
Employees Compensation Act is replaced by
the following:
|
|
| Election and
subrogation
|
(3) If the employee or the dependants
referred to in subsection (1) elect to claim
compensation under this Act, Her Majesty
shall be subrogated to the rights of the
employee or dependants and may, subject to
the Agreement implemented by the Civil
International Space Station Agreement
Implementation Act , maintain an action in the
name of the employee or dependants or of Her
Majesty against the person against whom the
action lies and any sum recovered shall be
paid into the Consolidated Revenue Fund.
|
|
|
|
COMING INTO FORCE |
|
| Coming into
force
|
13. This Act or any of its provisions or any
provision of any Act enacted by this Act
comes into force on a day or days to be fixed
by order of the Governor in Council.
|
|