Bill C-55

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First Reading

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	(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.
	23. The Act is amended by adding the schedule set out in the schedule to this Act.
	PART 2
2002, c. 9, s. 2	CANADIAN AIR TRANSPORT SECURITY AUTHORITY ACT
	*24. The definitions ``screening'' and ``screening point'' in section 2 of the Canadian Air Transport Security Authority Act* are replaced by the following:**
``screening'' « contrôle »	``screening'' means screening, including a search, performed in the manner and under the circumstances prescribed in aviation security regulations, security measures or emergency directions made under the Aeronautics Act.
``screening point'' « point de contrôle »	``screening point'' means a point where screening is delivered, either directly or through a screening contractor, by the Authority or by an authorized aerodrome operator acting on behalf of the Authority, in order to meet the requirements of aviation security regulations, security measures or emergency directions made under the Aeronautics Act.
	25. Section 29 of the Act is replaced by the following:
Policing	29. The Authority may, with the approval of the Treasury Board, enter into agreements with the operator of any aerodrome designated by regulation for the purposes of contributing to the costs of policing incurred by that operator in carrying out their responsibilities.
	PART 3
1999, c. 33	CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
	*26. 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.
	27. 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.
	28. (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.
	29. 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 .
	30. 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
	31. 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 4
R.S., c. C-46	CRIMINAL CODE
	*32. The Criminal Code* is amended by adding the following after section 83.23:**
	Hoax Regarding Terrorist Activity
Hoax - terrorist activity	83.231 (1) Every one commits an offence who, without lawful excuse and with intent to cause any person to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property,
	(a) conveys or causes or procures to be conveyed information that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing the information to be true; or
	(b) commits an act that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing that such activity is occurring or will occur.
Punishment	(2) Every one who commits an offence under subsection (1) is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
	(b) an offence punishable on summary conviction.
Causing bodily harm	(3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person 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.
Causing death	(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.
	PART 5
1996, c. 8	DEPARTMENT OF HEALTH ACT
	*33. 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) 45 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.
Tabling in Parliament	(6) A copy of each interim order must be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the interim order is made.