Bill C-42

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First Reading

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Deeming - ``in flight''	(3) For the purpose of subsection (1), an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the time at which any external door is opened for the purpose of disembarkation.
Application	(4) This section applies despite subsections 7.3(4) and (7).
R.S., c. 33 (1st Supp.), s. 1	16. Paragraph 7.6(1)(a) of the Act is replaced by the following:
	(a) designate any provision of this Part or of any regulation, order or security measure made under this Part, in this section and in sections 7.7 to 8.2 referred to as a ``designated provision'', as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2; and
R.S., c. 33 (1st Supp.), s. 1	17. Paragraph 8.3(1)(a) of the Act is replaced by the following:
	(a) in the opinion of the Minister, the removal from the record would not be in the interest of aviation safety or security ; or
R.S., c. 33 (1st Supp.), s. 1	18. Section 8.5 of the Act is replaced by the following:
Defence	8.5 No person shall be found to have contravened a provision of this Part or of any regulation, order, security measure or emergency direction made under this Part if the person exercised all due diligence to prevent the contravention.
R.S., c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 23(F)	19. (1) Paragraph 8.7(1)(a) of the Act is replaced by the following:
	(a) enter any aircraft, aerodrome or other aviation facility or any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products for the purposes of making inspections or audits relating to the enforcement of this Part, regardless of whether or not the inspection or audit relates to that place or to the person who possesses or controls it;
	(a.1) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, copying;
	(2) Section 8.7 of the Act is amended by adding the following after subsection (1):
Operation of computer systems and copying equipment	(1.1) In carrying out an inspection or audit in any place referred to in paragraph (1)(a) or (b), the Minister may
	(a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;
	(b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and
	(c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.
	20. The Act is amended by adding the following after section 8.7:
Duty to assist Minister	8.8 The owner or person who is in possession or control of a place that is inspected or audited under subsection 8.7(1), and every person who is found in the place, shall
	(a) give the Minister all reasonable assistance to enable the Minister to carry out the inspection or audit and exercise any power conferred on the Minister by that subsection; and
	(b) provide the Minister with any information relevant to the administration of this Act or the regulations, orders, security measures or emergency directions made under this Part that the Minister may reasonably require.
	Transitional
Transitional	21. Every security measure made under Part I of the Aeronautics Act that is in force immediately before section 5 of this Act comes into force remains in force and is deemed to have been made under the authority of subsection 4.72(1) of the Act as enacted by section 5 of this Act.
	PART 2
1999, c. 33	CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
	*22. The definitions ``environmental emergency'' and ``substance'' in section 193 of the Canadian Environmental Protection Act, 1999* are replaced by the following:**
``environment al emergency'' « urgence environnemen tale »	``environmental emergency'' means
	(a) an uncontrolled, unplanned or accidental release, or release in contravention of regulations or interim orders made under this Part, of a substance into the environment; or
	(b) the reasonable likelihood of such a release into the environment.
``substance'' « substance »	``substance'' means, except in sections 199 and 200.1 , a substance on a list of substances established under regulations or interim orders made under this Part.
	23. The Act is amended by adding the following after section 200:
Interim orders	200.1 (1) The Minister may make an interim order, in respect of a substance, that contains any provision that may be contained in a regulation made under this Part, if
	(a) the substance
	(i) is not on the list established under regulations made under this Part and the Ministers believe that, if it enters the environment as a result of an environmental emergency,
	(A) it would have or may have an immediate or long-term harmful effect on the environment or its biological diversity,
	(B) it would constitute or may constitute a danger to the environment on which human life depends, or
	(C) it would constitute or may constitute a danger in Canada to human life or health, or
	(ii) is on that list and the Ministers believe that it is not adequately regulated; and
	(b) the Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health.
Effect of order	(2) Subject to subsection (3), an interim order has effect
	(a) from the time it is made; and
	(b) as if it were a regulation made under this Part.
Approval of Governor in Council	(3) An interim order ceases to have effect unless it is approved by the Governor in Council within 14 days after it is made.
Consultation	(4) The Governor in Council shall not approve an interim order unless the Minister has
	(a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and
	(b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.
Recommendat ion of regulations	(5) If the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Minister intends to recommend to the Governor in Council
	(a) that a regulation having the same effect as the order be made under this Part; and
	(b) if the order was made in respect of a substance that was not on the list established under regulations made under this Part, that the substance be added to that list.
Contravention of unpublished order	(6) 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 date of the alleged contravention, the person had been notified of the interim order.
Cessation of effect	(7) Subject to subsection (3), an interim order ceases to have effect on the earliest of
	(a) the day it is repealed,
	(b) the day a regulation referred to in subsection (5) is made, and
	(c) two years after the order is made.
	24. (1) The portion of subsection 201(1) of the Act before paragraph (b) is replaced by the following:
Remedial measures	201. (1) Subject to any regulations made under subsection 200(1) or any interim orders made under section 200.1, if there occurs an environmental emergency in respect of a substance on a list established under the regulations or interim orders , any person described in subsection (2) shall, as soon as possible in the circumstances,
	(a) notify an enforcement officer or any other person designated by regulation or interim order and provide a written report on the environmental emergency to the enforcement officer or other person;
	(2) Subsection 201(3) of the Act is replaced by the following:
Report by other persons	(3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report an environmental emergency to an enforcement officer or to a person designated by regulation or interim order if their property is affected by the environmental emergency.
	25. Subsection 202(1) of the Act is replaced by the following:
Voluntary report	202. (1) If a person knows about an environmental emergency but the person is not required to report the matter under this Act, the person may report any information about the environmental emergency to an enforcement officer or to a person designated by regulation or interim order .
	26. The portion of section 331 of the Act before paragraph (a) is replaced by the following:
Exemption from Statutory Instruments Act	331. An interim order made under section 94, 163, 173, 183 or 200.1
	27. Subsection 332(1) of the Act is replaced by the following:
Publication of proposed orders and regulations	332. (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in section 66, 87, 105 or 112 or an interim order made under section 94, 163, 173, 183 or 200.1 .
	PART 3
R.S., c. C-46	CRIMINAL CODE
	28. The definition ``offence'' in section 183 of the Criminal Code is amended by adding, immediately before the reference to ``433 (arson),'' a reference to ``432 (hoax respecting explosive or other lethal devices),''.
	29. The Act is amended by adding the following before the heading preceding section 433:
Definitions	432. (1) The following definitions apply in this section.
``explosive or other lethal device'' « engin explosif ou autre engin meurtrier »	``explosive or other lethal device'' means
	(a) an explosive or incendiary weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage; or
	(b) a weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances, or radiation or radioactive material.
``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.
``infrastructur e facility'' « infrastructur e »	``infrastructure facility'' means a publicly or privately owned facility that provides or distributes services for the benefit of the public, including services relating to water, sewage, energy, fuel and communications.
``military forces of a state'' « forces armées d'un État »	``military forces of a state'' means the armed forces that a state organizes, trains and equips in accordance with the law of the state for the primary purpose of national defence or security, and every person acting in support of those armed forces who is under their formal command, control and responsibility.
``place of public use'' « lieu public »	``place of public use'' means those parts of land or of a building, street, waterway or other location that are accessible or open to members of the public, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or other place that is accessible or open to the public on such a basis.
``public transportation system'' « système de transport public »	``public transportation system'' means a publicly or privately owned facility, conveyance or other thing that is used in connection with publicly available services for the transportation of persons or cargo.
Explosive or other lethal device	(2) Every one who, with intent to cause fear of death or bodily harm in any person, conveys or causes or procures to be conveyed information, knowing the information to be false or being reckless as to its truth, that an explosive or other lethal device has been or will be delivered, placed, discharged or detonated to, into, in or against a place of private or public use, a government or public facility, a public transportation system or an infrastructure facility is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
	(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Imitation explosive or other lethal device	(3) Every one who, with intent to cause fear of death or bodily harm in any person, delivers, places, discharges or detonates or causes or procures to be delivered, placed, discharged or detonated, an imitation explosive or other lethal device to, into, in or against a place of private or public use, a government or public facility, a public transportation system or an infrastructure facility is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
	(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Armed forces	(4) Subsections (2) and (3) do not apply to an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or to activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

Bill C-42

Transitional

PART 2

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

PART 3

CRIMINAL CODE