Bill S-25
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The Senate of Canada
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BILL S-25 |
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An Act to amend the Defence Production Act
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R.S., c. D-1
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1. The Defence Production Act is
amended by adding the following after
section 2:
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PART 1 |
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PROCUREMENT OF DEFENCE SUPPLIES |
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2. The heading before section 26 and
sections 26 to 29 of the Act are repealed.
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3. Section 33 of the Act is replaced by the
following:
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Orders and
regulations
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33. The Governor in Council may make
orders and regulations to carry out the
purposes and provisions of this Part.
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4. Subsection 34(1) of the Act is replaced
by the following:
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Regulations to
be published
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34. (1) Every regulation, as defined in the
Statutory Instruments Act, made under the
authority of this Part shall be published in the
Canada Gazette within 30 days after it is
made.
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5. The Act is amended by adding the
following after section 34:
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PART 2 |
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REGULATION OF ACCESS TO CONTROLLED GOODS |
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Interpretation |
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Definition of
``controlled
goods''
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35. In this Part, ``controlled goods'' means
the goods referred to in the schedule.
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Application |
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Excluded
persons
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36. This Part does not apply to a person who
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Offences |
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Prohibitions
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37. (1) No person shall, unless the person is
registered under section 38 or exempt from
registration under section 39 or 39.1,
knowingly examine or possess a controlled
good or transfer a controlled good to another
person.
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Offence re
person
registered or
exempt
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(2) No person registered or exempt from
registration shall knowingly transfer a
controlled good to or permit the examination
of a controlled good by a person who is not
registered or exempt from registration.
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Definition of
``transfer''
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(3) In this section, ``transfer'' means, in
respect of a controlled good, to dispose of it or
disclose its content in any manner.
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Scope of
registration
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(4) The registration of a person extends to
the officers, directors and employees
authorized by the registered person in
accordance with the regulations.
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Registration |
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By Minister
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38. (1) The Minister may, in accordance
with the regulations, register any person who
makes an application for registration and may,
for that purpose, request any information that
in the opinion of the Minister is necessary.
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Conditions
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(2) A registration or its renewal is subject to
conditions prescribed by regulation and any
conditions that in the opinion of the Minister
are appropriate.
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Denial -
security
assessment
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(3) The Minister may deny an application
for registration or suspend, amend or revoke a
registration on the basis of a security
assessment prescribed by regulation.
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Certificate of
registration
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(4) The Minister shall furnish a registered
person with a certificate of that registration in
a form that the Minister may specify.
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Exemption |
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By regulation
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39. Individuals of a class prescribed by
regulation are exempt from registration.
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By Minister
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39.1 (1) The Minister may, in accordance
with the regulations, exempt an individual
from registration and may, for that purpose,
request any information that in the opinion of
the Minister is necessary.
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Conditions
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(2) An exemption or its renewal is subject
to conditions prescribed by regulation and any
conditions that in the opinion of the Minister
are appropriate.
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Denial -
security
assessment
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(3) The Minister may deny, suspend, amend
or revoke an exemption on the basis of a
security assessment prescribed by regulation.
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Certificate of
exemption
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(4) If an exemption is granted, the Minister
shall furnish, in accordance with the
regulations, a certificate of that exemption in
a form that the Minister may specify.
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Report |
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To Minister
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40. Every registered person shall provide
the Minister with any information prescribed
by regulation, in the manner and time
prescribed by regulation.
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Inspection |
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Designation
of inspectors
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41. (1) The Minister may designate persons
or classes of persons whom the Minister
considers qualified to act as inspectors for the
purposes of this Part.
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Certificate of
designation
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(2) The Minister shall furnish every
inspector with a certificate of designation as
an inspector and, on entering any place or
inspecting any thing, an inspector shall show
the certificate to the person apparently in
charge of the place or thing if the person
requests proof of the inspector's designation.
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Inspection of
facilities
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42. (1) For the purpose of ensuring
compliance with this Part and the regulations,
an inspector may at any reasonable time enter
and inspect any place.
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Powers of
inspector
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(2) When conducting the inspection, the
inspector may
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Inspector may
be
accompanied
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(3) While exercising any authority under
this Part, an inspector may be accompanied by
any other person chosen by the inspector.
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Regulations |
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Governor in
Council
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43. The Governor in Council may make
regulations for carrying out the purposes and
provisions of this Part, including regulations
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PART 3 |
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OFFENCE AND PUNISHMENT |
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Other
prohibitions
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44. No person shall
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Serious
offence
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45. (1) Every person who contravenes
section 37 is guilty of
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Other
offences
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(2) Every person who contravenes any other
provision of this Act or the regulations is
guilty of an offence punishable on summary
conviction and liable to a fine not exceeding
$25,000 or to imprisonment for a term not
exceeding 12 months, or to both.
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Defence of
due diligence
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(3) For the purposes of subsection (2), no
person shall be found to have contravened
section 13 or 44 or the regulations if the person
exercised all due diligence to prevent the
contravention.
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Continuing
offence
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(4) If an offence is committed or continued
on more than one day, the person who commits
it is liable to be convicted of a separate offence
for each day on which the offence is
committed or continued.
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Factors to be
considered
when
imposing
sentence
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(5) If an offender is convicted under
subsection (1), the court imposing a sentence
on the offender shall, in addition to
considering any other relevant factors,
consider the nature of the controlled goods
that are the subject-matter of the offence.
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Limitation
period for
summary
conviction
offences
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(6) Proceedings by way of summary
conviction may be instituted at any time
within, but not later than, three years after the
day on which the subject-matter of the
proceedings arose.
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Officers, etc.,
of corporation
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46. An officer, director or agent of a
corporation that commits an offence under
this Act is liable to be convicted of the offence
if he or she directed, authorized, assented to,
acquiesced in or participated in the
commission of the offence, whether or not the
corporation has been prosecuted or convicted.
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6. The headings before sections 3, 10, 12,
16 and 30 of the Act are converted from
small capitals to upper and lower case italic
type to conform with the format of the new
Parts enacted by this Act.
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7. The Act is amended by adding, after
section 46, the schedule set out in the
schedule to this Act.
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Coming into
force
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8. The provisions of this Act come into
force on a day or days to be fixed by order
of the Governor in Council.
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