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Bill C-42

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PART 4

1996, c. 8

DEPARTMENT OF HEALTH ACT

30. The Department of Health Act is amended by adding the following after section 11:

INTERIM ORDERS

Interim orders

11.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under section 11 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    (b) the day on which it is repealed,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 section 11, 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Contravention of unpublished order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 5

R.S., c. E-17

EXPLOSIVES ACT

1993, c. 32, s. 1

31. The long title of the Explosives Act is replaced by the following:

An Act respecting the manufacture, testing, acquisition, possession , sale, storage, transportation, importation and exportation of explosives and the use of fireworks

32. (1) The definition ``inspector'' in section 2 of the Act is replaced by the following:

``inspector''
« inspecteur »

``inspector'' means the Chief Inspector of Explosives, an inspector of explosives and a deputy inspector of explosives appointed under section 13, and any other person who is directed by the Minister to inspect an explosive, a restricted component, an inexplosive ammunition component , a vehicle, a licensed factory or a magazine, or to hold an inquiry in connection with any accident caused by an explosive;

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

``illicit manufacture''
« fabrication illicite »

``illicit manufacture'' means any activity that is prohibited under paragraph 6(1)(a) or (e) or 6.2(c);

``illicit trafficking''
« trafic illicite »

``illicit trafficking'' means any importation into Canada, exportation from Canada or transportation in transit through Canada of an explosive or an inexplosive ammunition component if

      (a) the importation or exportation is not authorized by the country of origin or the country of destination, or

      (b) the transportation in transit of the explosive or the inexplosive ammunition component through any country is not authorized by that country;

``inexplosive ammunition component''
« composant inexplosible de munition »

``inexplosive ammunition component'' means any cartridge case or bullet, or any projectile that is used in a firearm as defined in section 2 of the Criminal Code;

``restricted component''
« composant d'explosif limité »

``restricted component'' means any prescribed component of an explosive the acquisition, possession or sale of which is restricted by a regulation made under paragraph 5(a.31);

``transit''
« transit »

``transit'' means the portion of international transboundary transportation through the territory of a country that is neither the country of origin nor the country of destination;

1993, c. 32, s. 3(1)

33. (1) Paragraphs 5(a.2) to (a.4) of the Act are replaced by the following:

    (a.2) exempting any explosive or class of explosives from the application of this Act or the regulations or any provision of this Act or the regulations;

    (a.3) restricting to any person or body or class of persons or bodies the acquisition , possession, use or sale of any explosive or class of explosives;

    (a.31) prescribing any component of an explosive and restricting to any person or body or class of persons or bodies its acquisition, possession or sale;

    (a.4) prohibiting the acquisition , possession, use or sale of any explosive that, in the opinion of the Minister, is intrinsically unsafe, and identifying that explosive by reference to its common name or a description of the class of explosives to which it belongs;

(2) Section 5 of the Act is amended by adding the following after paragraph (a.8):

    (a.9) respecting exemptions under subsection 6(2), including security standards that must be met before an exemption is granted, and prescribing the fees payable for the issuance of certificates of exemption under subsection 6(3);

(3) Paragraph 5(c) of the Act is replaced by the following:

    (c) not inconsistent with any other Act of Parliament or regulations made under any other Act of Parliament , for regulating the importation, exportation , packing, handling and transportation of explosives;

(4) Section 5 of the Act is amended by adding the following after paragraph (i):

    (i.1) respecting security standards and security measures relating to explosives and restricted components;

(5) Section 5 of the Act is amended by adding the following after paragraph (l):

    (l.1) respecting record keeping and the exchange of information for the purposes of tracing, identifying and preventing the illicit manufacture of explosives and the illicit trafficking of explosives and inexplosive ammunition components;

(6) Paragraph 5(m) of the Act is replaced by the following:

    (m) respecting the acquisition , possession and sale of explosives and restricted components ; and

34. (1) The portion of section 6 of the Act before paragraph (a) is replaced by the following:

Manufacture, use, etc.

6. (1) Except as authorized under this Act and subject to any exemptions that may be provided under subsection (2) or by regulation, no person shall

(2) Paragraph 6(1)(a) of the English version of the Act is replaced by the following:

    (a) make or manufacture any explosive , either wholly or in part, except in a licensed factory;

(3) Paragraph 6(1)(d) of the Act is replaced by the following:

    (d) have in their possession any explosive or any restricted component ; or

(4) Subparagraph 6(1)(e)(i) of the English version of the Act is replaced by the following:

      (i) dividing an explosive into its components , or otherwise breaking up or unmaking any explosive,

(5) Section 6 of the Act is amended by adding the following after subsection (1):

Possession authorized

(1.1) For the purposes of paragraph (1)(d), a person is authorized to have in their possession an explosive or a restricted component if

    (a) the person is issued, by or under a provincial law, a permit or licence to have the explosive or restricted component in their possession; and

    (b) the Governor in Council, by order, has declared that the province ensures that the security standards that must be met before such permits or licences are issued are the same as, or substantially similar to, those established by regulations made under paragraphs 5(a.9) and (i.1).

Exemption

(2) Subject to any regulation made under paragraph 5(a.3), (a.31) or (a.9), the Minister may exempt a person or body or class of persons or bodies from the prohibition in paragraph (1)(d).

Certificate of exemption

(3) The Minister shall issue, in accordance with the regulations and for the prescribed fee, a certificate of exemption to a person or body exempted under subsection (2).

Statutory Instruments Act does not apply

(4) The Statutory Instruments Act does not apply in respect of a certificate issued under subsection (3).

35. The Act is amended by adding the following after section 6.1:

Illicit trafficking, etc.

6.2 No person shall knowingly

    (a) engage in illicit trafficking;

    (b) acquire, possess, sell, offer for sale, transport or deliver any illicitly trafficked explosive or any illicitly trafficked inexplosive ammunition component; or

    (c) make or manufacture any explosive, either wholly or in part, from any illicitly trafficked inexplosive ammunition component.

1993, c. 32, s. 5; 2001, c. 4, s. 80(E)

36. Section 9 of the Act is replaced by the following:

Permits

9. (1) The Minister may issue permits for the importation or exportation, or the transportation in transit through Canada , of explosives and inexplosive ammunition components.

No import, export or transport without permit

(2) Except as provided by the regulations, no person shall, without a permit issued under this section , import or export, or transport in transit through Canada , any explosive or any inexplosive ammunition component.

Evidence of financial responsibility

(3) The Minister may require any person who engages or proposes to engage in the importation or exportation, or the transportation in transit through Canada , of any explosive or any inexplosive ammunition component and who does not reside in Canada or have a chief place of business or head office in Canada to provide evidence of financial responsibility in the form of insurance, or in the form of an indemnity bond or a suretyship, satisfactory to the Minister, or in any other form satisfactory to the Minister.

1993, c. 32, s. 8

37. The portion of subsection 14(1) of the Act before paragraph (a) is replaced by the following:

Inspection

14. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (5), at any reasonable time, enter and inspect any factory, magazine, vehicle or other place in which the inspector believes on reasonable grounds any explosive is being manufactured, tested , stored, sold or transported, any restricted component is being stored or sold, any inexplosive ammunition component is being stored or transported , or any fireworks are being or are intended to be used, and the inspector may

1993, c. 32, s. 8

38. Sections 14.1 and 14.2 of the Act are replaced by the following:

Seizure

14.1 (1) If , in carrying out an inspection at any place under this section, an inspector believes on reasonable grounds that an offence under this Act has been committed, the inspector may seize and detain any explosive, any restricted component or any inexplosive ammunition component

    (a) by means of which or in relation to which the inspector believes on reasonable grounds the offence was committed; or

    (b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of the offence.

Storage

(2) The seized explosive, restricted component or inexplosive ammunition component shall, at the discretion of the inspector, be detained and stored at the place where it was seized or be moved to any other place for storage.

Storage

(3) The explosive, restricted component or inexplosive ammunition component may be moved to and stored at any other place, on the application of the owner or the person having the possession of it at the time of its seizure.

Prohibition

(4) Except as authorized by an inspector, no person shall examine, remove, alter or interfere in any way with an explosive, a restricted component or an inexplosive ammunition component that is seized and detained under this Act.

Safety measures

14.2 If an inspector believes on reasonable grounds that any activities relating to the manufacture, testing, storage, transportation or sale of explosives, restricted components or inexplosive ammunition components or the use of fireworks are being carried out in contravention of this Act or the regulations, the inspector may direct the taking of, or take, any measures necessary to remedy the contravention.

1993, c. 32, s. 8

39. Section 14.4 of the English version of the Act is replaced by the following:

Detention

14.4 (1) An explosive, a restricted component or an inexplosive ammunition component that is seized and detained under section 14.1 shall not be detained after the expiry of ninety days after the day of the seizure unless, before that expiry , it is forfeited under section 14.6 or 26 or proceedings are instituted in relation to it .

Continued detention

(2) If proceedings are instituted in relation to a seized explosive, restricted component or inexplosive ammunition component , the explosive, restricted component or inexplosive ammunition component may be detained until the proceedings are finally concluded or an order is made under subsection 14.5(2).

1993, c. 32, s. 8

40. Sections 14.5 and 14.6 of the Act are replaced by the following:

Application for return

14.5 (1) If proceedings are instituted in respect of a seized explosive, restricted component or inexplosive ammunition component , the owner or the person having the possession of it at the time of its seizure may apply to the court before which the proceedings are being held for an order that it be returned.

Order

(2) On application under subsection (1), the court may order that the explosive, restricted component or inexplosive ammunition component be returned to the applicant, subject to any conditions that the court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, if the court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining it .

Consent to forfeiture

14.6 If the owner of an explosive, a restricted component or an inexplosive ammunition component that is seized and detained under this Act consents in writing to its forfeiture, it is forfeited to Her Majesty in right of Canada.

1993, c. 32, ss. 10, 11

41. Sections 20 and 21 of the Act are replaced by the following:

Acts likely to cause explosion or fire

20. Every person who abandons any explosive or who commits any act that is likely to cause an explosion or fire in or about any factory or magazine or any vehicle in which an explosive is being conveyed is guilty of an offence and is liable

    (a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or

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