Bill C-42

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First Reading

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	Interim Orders
Interim orders	32. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security.
Cessation of effect	(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 90 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(4) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
	PART 13
R.S., c. 18 (3rd Supp.), Part I	OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS ACT
	*107. Section 22 of the Office of the Superintendent of Financial Institutions Act* is amended by adding the following after subsection (1):**
Disclosure by Superintenden t	(1.1) Despite subsection (1), subsections 606(1) and 636(1) of the Bank Act, subsection 435(1) of the Cooperative Credit Associations Act, subsection 672(1) of the Insurance Companies Act and subsection 503(1) of the Trust and Loan Companies Act, the Superintendent may disclose to the Financial Transactions and Reports Analysis Centre of Canada established by section 41 of the Proceeds of Crime (Money Laundering) Act information relating to policies and procedures that financial institutions adopt to ensure their compliance with Part 1 of the Proceeds of Crime (Money Laundering) Act.
	PART 14
R.S., c. P-9	PEST CONTROL PRODUCTS ACT
	*108. The Pest Control Products Act* is amended by adding the following after section 6:**
	INTERIM ORDERS
Interim orders	6.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.
Cessation of effect	(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 90 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(4) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
	PART 15
2000, c. 17	PROCEEDS OF CRIME (MONEY LAUNDERING) ACT
	*109. Section 65 of the Proceeds of Crime (Money Laundering) Act* is renumbered as subsection 65(1) and is amended by adding the following:**
Compliance of persons or entities	(2) For the purpose of ensuring compliance with Part 1, the Centre may disclose to or receive from any agency or body that regulates or supervises persons or entities to whom Part 1 applies information relating to the compliance of those persons or entities with that Part.
Limitation	(3) Any information disclosed by the Centre under subsection (2) may be used by an agency or body referred to in that subsection only for purposes relating to compliance with Part 1.
	PART 16
R.S., c. Q-1	QUARANTINE ACT
	*110. The Quarantine Act* is amended by adding the following after section 21:**
	INTERIM ORDERS
Interim orders - regulations	21.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Interim orders - subsection 21(2)	(2) The Minister may make an interim order in which any power referred to in subsection 21(2) is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect	(3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 90 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Act that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Act that has the same effect as the interim order comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(5) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(6) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provisions that may be contained in a regulation made under the specified provision.
	PART 17
R.S., c. R-1	RADIATION EMITTING DEVICES ACT
	*111. The Radiation Emitting Devices Act* is amended by adding the following after section 13:**
	INTERIM ORDERS
Interim orders	13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect	(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 90 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(4) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(5) For the purpose of any provision of this Act other than this section and subsection 13(2), any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
	PART 18
	CANADA SHIPPING ACTS
R.S., c. S-9	Canada Shipping Act
	*112. The Canada Shipping Act* is amended by adding the following after section 8:**
	Interim Orders
Interim orders	8.1 (1) The Minister of Transport or the Minister of Fisheries and Oceans, or both, may make an interim order that contains any of the following provisions, if the Minister or Ministers, as the case may be, believe that immediate action is required to deal with a significant risk, direct or indirect, to safety, security or the environment:
	(a) in the case of the Minister of Transport and the Minister of Fisheries and Oceans, any provision that may be contained in a regulation made under section 562;
	(b) in the case of the Minister of Fisheries and Oceans, any provision that may be contained in a regulation made under section 423, 519, 562.15, 562.16 or 660.9; and
	(c) in the case of the Minister of Transport, any provision that may be contained in a regulation made under any other section of the Act, other than section 727.7.
Cessation of effect	(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 90 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(3) No person or ship shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or ship had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or ships likely to be affected by it.
Exemption from Statutory Instruments Act	(4) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.