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Bill C-42

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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 inspections and seizures carried out under this Act and the detention, destruction, restoration and forfeiture of things seized;

    (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.

R.S., c. C-46

Related Amendment to Criminal Code

115. The definition ``offence'' in section 183 of the Criminal Code is amended by adding, immediately after the reference to ``Export and Import Permits Act,'', a reference to ``sections 6 (production, etc., of biological agents and means of delivery) and 7 (unauthorized production, etc., of biological agents) of the Biological and Toxin Weapons Convention Implementation Act,''.

PART 20

COORDINATING AND COMMENCEMENT PROVISIONS

Coordinating Amendments

Bill C-24

116. (1) Subsections (2) to (4) apply if Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the ``other Act''), receives royal assent.

(2) If section 4 of the other Act comes into force after section 28 of this Act, then, on the coming into force of section 4 of the other Act, the definition ``offence'' in section 183 of the Criminal Code is amended by adding the following before subparagraph (a)(lxxvi):

        (lxxv.3) section 432 (hoax respecting explosive or other lethal devices),

(3) If section 4 of the other Act comes into force on the same day as section 28 of this Act, then section 28 of this Act is deemed to have come into force before section 4 of the other Act and subsection (2) applies.

(4) If section 4 of the other Act comes into force before section 28 of this Act, then, on the later of the day on which section 4 of the other Act comes into force and the day on which this Act receives royal assent, section 28 of this Act is repealed and the definition ``offence'' in section 183 of the Criminal Code is amended by adding the following before subparagraph (a)(lxxvi):

        (lxxv.3) section 432 (hoax respecting explosive or other lethal devices),

117. (1) Subsections (2) to (4) apply if Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the ``other Act''), receives royal assent.

(2) If section 4 of the other Act comes into force after section 115 of this Act, then, on the day on which section 4 of the other Act comes into force, the definition ``offence'' in section 183 of the Criminal Code is amended by adding the following after paragraph (b):

      (b.1) any of the following provisions of the Biological and Toxin Weapons Convention Implementation Act, namely,

        (i) section 6 (production, etc., of biological agents and means of delivery), or

        (ii) section 7 (unauthorized production, etc., of biological agents);

(3) If section 4 of the other Act comes into force on the same day as section 115 of this Act, then section 115 of this Act is deemed to have come into force before section 4 of the other Act and subsection (2) applies.

(4) If section 4 of the other Act comes into force before section 115 of this Act, then, on the later of the day on which section 4 of the other Act comes into force and the day on which this Act receives royal assent, section 115 of this Act is repealed and the definition ``offence'' in section 183 of the Criminal Code is amended by adding the following after paragraph (b):

      (b.1) any of the following provisions of the Biological and Toxin Weapons Convention Implementation Act, namely,

        (i) section 6 (production, etc., of biological agents and means of delivery), or

        (ii) section 7 (unauthorized production, etc., of biological agents);

Bill C-34

118. (1) Subsections (2) to (4) apply if Bill C-34, introduced in the 1st Session of the 37th Parliament and entitled the Transportation Appeal Tribunal of Canada Act (the ``other Act''), receives royal assent.

(2) On the later of the coming into force of subsection 36(2) of the other Act and subsection 11(3) of this Act, subsections 7(7) and (8) of the Aeronautics Act are replaced by the following:

Determination

(7) The member of the Tribunal conducting the review may make the following determination:

    (a) if the decision of the Minister relates to a person's designation under section 4.84, the member may determine the matter by confirming the Minister's decision or by referring the matter back to the Minister for reconsideration; or

    (b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister's decision or by substituting his or her own determination.

Effect of decision pending reconsideratio n

(7.1) If a decision of the Minister under subsection 7(1) is referred back to the Minister for reconsideration under paragraph (7)(a), the decision of the Minister remains in effect until the reconsideration is concluded.

Request for reconsideratio n of immediate threat

(8) If no appeal from a determination under subsection (7) confirming the Minister's decision is taken under section 7.2 within the time limited for doing so under that section or an appeal panel has, on an appeal under that section, confirmed the Minister's decision under this section, or if the Minister, after reconsidering the matter under paragraph 7(7)(a) or 7.2(3)(b), has confirmed the suspension, the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection.

(3) On the later of the coming into force of section 38 of the other Act and subsection 12(1) of this Act, section 7.2 of the Aeronautics Act is replaced by the following:

Right of appeal

7.2 (1) Within thirty days after the determination,

    (a) a person affected by the determination may appeal a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7) to the Tribunal; or

    (b) a person affected by the determination or the Minister may appeal a determination made under subsection 6.9(8) or paragraph 7(7)(b) to the Tribunal.

Loss of right of appeal

(2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

Disposition of appeal

(3) The appeal panel of the Tribunal assigned to hear the appeal may

    (a) in the case of a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7), dismiss the appeal or refer the matter back to the Minister for reconsideration; or

    (b) in the case of a determination made under subsection 6.9(8) or paragraph 7(7)(b), dismiss the appeal, or allow the appeal and substitute its own decision.

Effect of decision pending reconsideratio n

(4) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under paragraph (3)(a), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 7.1(7) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to aviation safety or security.

(4) On the later of the coming into force of section 38 of the other Act and subsection 2(4) of this Act, the portion of subsection 3(3) of the Aeronautics Act before paragraph (a) is replaced by the following:

Exception

(3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.21:

Bill C-36

119. If Bill C-36, introduced in the 1st Session of the 37th Parliament and entitled the Anti-terrorism Act (the ``other Act''), receives royal assent, then, on the later of the coming into force of section 13 of the other Act and section 29 of this Act,

    (a) the portion of subsection 431.2(1) of the Criminal Code before the definition ``explosive or other lethal device'' is replaced by the following:

Definitions

431.2 (1) The following definitions apply in this section and in section 432.

    (b) subsection 431.2(1) of the Criminal Code is amended by adding the following in alphabetical order:

``imitation explosive or other lethal device''
« faux engin meurtrier »

``imitation explosive or other lethal device'' means any thing that imitates an explosive or other lethal device.

    (c) subsection 432(1) of the Criminal Code is repealed.

120. (1) If Bill C-36, introduced in the 1st Session of the 37th Parliament and entitled the Anti-terrorism Act (the ``other Act''), receives royal assent, then paragraph 7(1.01)(a) of the Export and Import Permits Act is replaced by the following:

    (a) the safety or interests of the State by being used to do anything referred to in paragraphs 3(1)(a) to (n) of the Security of Information Act; or

(2) Subsection (1) comes into force on the later of the day on which section 52 of this Act and the day on which section 27 of the other Act come into force.

121. (1) Subsections (2) and (3) apply if Bill C-36, introduced in the 1st Session of the 37th Parliament and entitled the Anti-terrorism Act (the ``other Act''), receives royal assent.

(2) On the later of the coming into force of section 97 of this Act and section 4 of the other Act, subsection 58.12(2) of the National Energy Board Act is replaced by the following:

Waiver

(2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity caused by terrorist activity within the meaning of subsection 83.01(1) of the Criminal Code.

(3) On the later of the coming into force of section 102 of this Act and section 4 of the other Act, subsection 119.04(2) of the National Energy Board Act is replaced by the following:

Waiver

(2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity outside Canada caused by terrorist activity within the meaning of subsection 83.01(1) of the Criminal Code.

122. If Bill C-36, introduced in the 1st Session of the 37th Parliament and entitled the Anti-terrorism Act (the ``other Act''), receives royal assent, then, on the later of the coming into force of section 87 of this Act and section 102 of the other Act,

    (a) section 273.7 of the National Defence Act, as enacted by section 87 of this Act, is renumbered as section 273.8 and the headings before it are replaced by the following:

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