Bill C-17
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RECOMMENDATION |
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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to amend certain Acts of Canada, and to enact measures for
implementing the Biological and Toxin Weapons Convention, in order
to enhance public safety''.
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SUMMARY |
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This enactment amends certain Acts of Canada, and enacts the
Biological and Toxin Weapons Convention Implementation Act, in
order to enhance public safety.
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Part 1 amends the Aeronautics Act to enhance the scope and
objectives of the existing aviation security regime.
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The amendments permit the Minister and delegated officers to make
emergency directions of no more than 72 hours duration in order to
provide an immediate response to situations involving aviation
security, and they permit the Minister to delegate, for the same purpose,
the power to make security measures. They clarify and expand the
regulation-making power relating to screening. They require air carriers
or operators of aviation reservation systems to provide information
concerning specified flights or persons. They also require them to
provide information for transportation security purposes and national
security purposes. They create a new offence concerning passengers
who are unruly or who jeopardize the safety or security of an aircraft in
flight. They provide a legislative basis for security clearances. They also
authorize the making of regulations that require the establishment of
security management systems by the Canadian Air Transport Security
Authority and by air carriers and operators of aerodromes and other
aviation facilities.
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Part 2 amends the definitions of ``screening'' and ``screening point''
in the Canadian Air Transport Security Authority Act to include
emergency directions made under the Aeronautics Act. It also permits
the Authority to enter into agreements with operators of designated
aerodromes respecting the sharing of policing costs.
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Part 3 amends the Canadian Environmental Protection Act, 1999 to
authorize the Minister to make an interim order under Part 8 of that Act
if the appropriate Ministers believe that immediate action is required to
deal with a significant danger to the environment or to human life or
health.
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Part 4 adds a new offence to the Criminal Code for communicating
information or committing any act that is likely to lead others to falsely
believe that terrorist activity is occurring, with the intention of causing
persons to fear death, bodily harm, substantial damage to property or
serious interference with the lawful use or operation of property.
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Part 5 amends the Department of Citizenship and Immigration Act
to permit the Minister to enter into agreements or arrangements to share
information with a province or group of provinces, foreign
governments or international organizations.
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Part 6 amends the Department of Health Act to authorize the Minister
to make an interim order if the Minister believes that there is a
significant risk to health or safety and immediate action is required to
deal with the risk.
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Part 7 amends the Explosives Act to implement the Organization of
American States Inter-American Convention Against the Illicit
Manufacturing of and Trafficking in Firearms, Ammunition,
Explosives, and Other Related Materials as it relates to explosives and
ammunition. It prohibits the illicit manufacturing of explosives, and
illicit trafficking in explosives and components of ammunition. It
allows for increased control over the importation, exportation,
transportation through Canada, acquisition, possession and sale of
explosives and certain components of explosives, and provides
increased penalties for certain offences.
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Part 8 amends the Export and Import Permits Act by providing for
control over the export and transfer of technology, as defined, in
addition to control over the export of goods as provided for in the Export
and Import Permits Act at present. It also authorizes the Minister of
Foreign Affairs to address security concerns when considering
applications for permits to export or transfer goods or technology.
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Part 9 amends the Food and Drugs Act to authorize the Minister to
make an interim order if the Minister believes that there is a significant
risk to health, safety or the environment and immediate action is
required to deal with the risk.
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Part 10 amends the Hazardous Products Act to authorize the Minister
to make an interim order if the Minister believes that there is a
significant risk to health or safety and immediate action is required to
deal with the risk.
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Part 11 amends the Immigration and Refugee Protection Act to allow
for the making of regulations relating to the collection, retention,
disposal and disclosure of information for the purposes of that Act. The
amendments also allow for the making of regulations providing for the
disclosure of information for the purposes of national security, the
defence of Canada or the conduct of international affairs.
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Part 12 amends the Marine Transportation Security Act to permit the
Minister to enter into agreements respecting security of marine
transportation and to make contributions or grants in respect of actions
that enhance security on vessels or at marine facilities.
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Part 13 amends the National Defence Act to allow for the
identification and prevention of the harmful unauthorized use of, or
interference with, computer systems and networks of the Department of
National Defence or the Canadian Forces, and to ensure the protection
of those systems and networks. The amendments also clarify the
provisions dealing with active service and the definition of
``emergency''. In cases of aid to the civil power, the amendments allow
the Minister to provide direction to the Chief of the Defence Staff on
how to respond to provincial requisitions. The amendments provide for
a member of the reserve force who is called out on service during an
emergency to be reinstated with their former employer at the conclusion
of the period of call out. The amendments also establish the Reserve
Military Judges Panel, thus making it possible to increase, according to
the needs of the military justice system, the number of officers who can
be selected to hear military cases.
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Part 14 amends the National Energy Board Act by extending the
powers and duties of the National Energy Board to include matters
relating to the security of pipelines and international power lines. It
authorizes the Board, with the approval of the Governor in Council, to
make regulations respecting the security of pipelines and international
power lines. It provides the Board with authority to waive the
requirement to publish notice of certain applications in the Canada
Gazette if there is a critical shortage of electricity. It authorizes the
Board to take measures in its proceedings and orders to ensure the
confidentiality of information that could pose a risk to security, in
particular the security of pipelines and international power lines.
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Part 15 amends the Navigable Waters Protection Act to authorize the
Minister to make an interim order if the Minister believes that there is
a significant risk to safety or security and immediate action is required
to deal with the risk.
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Part 16 amends the Office of the Superintendent of Financial
Institutions Act by authorizing the Superintendent of Financial
Institutions to disclose to the Financial Transactions and Reports
Analysis Centre of Canada information related to compliance by
financial institutions with Part 1 of the Proceeds of Crime (Money
Laundering) and Terrorist Financing Act.
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Part 17 amends the Personal Information Protection and Electronic
Documents Act to permit the collection and use of personal information
for reasons of national security, the defence of Canada or the conduct
of international affairs, or when the disclosure of the information is
required by law.
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Part 18 amends the Pest Control Products Act to authorize the
Minister to make an interim order if the Minister believes that there is
a significant risk to health, safety or the environment and immediate
action is required to deal with the risk.
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Part 19 amends the Proceeds of Crime (Money Laundering) and
Terrorist Financing Act by extending the types of government
databases from which the Financial Transactions and Reports Analysis
Centre of Canada (FINTRAC) may collect information considered
relevant to money laundering or terrorist financing to include national
security databases. The amendments also authorize FINTRAC to
exchange information related to compliance with Part 1 of that Act with
regulators and supervisors of persons and entities subject to that Act, in
order to facilitate FINTRAC's compliance responsibilities under that
Act.
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Part 20 amends the Quarantine Act to authorize the Minister to make
an interim order if the Minister believes that there is a significant risk to
health or safety and immediate action is required to deal with the risk.
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Part 21 amends the Radiation Emitting Devices Act to authorize the
Minister to make an interim order if the Minister believes that there is
a significant risk to health or safety and immediate action is required to
deal with the risk.
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Part 22 amends the Canada Shipping Act and the Canada Shipping
Act, 2001 to authorize the appropriate Minister or Ministers to make an
interim order if the Minister or Ministers believe that there is a
significant risk to safety, security or the environment and immediate
action is required to deal with the risk.
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Part 23 enacts the Biological and Toxin Weapons Convention
Implementation Act.
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