Bill C-17
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ENFORCEMENT |
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| Responsible
authority
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8. (1) The Minister may designate any
person or class of persons to be the responsible
authority for the purposes of this Act.
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| Representativ
es of
responsible
authority
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(2) The Minister may designate persons or
classes of persons to act as representatives of
the responsible authority.
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| Designation
of inspectors
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9. The Minister may designate persons or
classes of persons as inspectors for the purpose
of the enforcement of this Act, and set
conditions applicable to the person's
inspection activities, after consulting any
other Minister who has powers in relation to
inspections for biological agents or toxins.
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| Certificates of
designation
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10. (1) An inspector or a representative of
the responsible authority shall be given a
certificate of designation, which must state
the privileges and immunities applicable to
the person and, in the case of an inspector, any
conditions applicable under section 9.
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| Production on
entry
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(2) An inspector or a representative of the
responsible authority shall, on entering any
place under this Act, produce the certificate of
designation at the request of any individual in
charge of that place.
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| Statutory
Instruments
Act
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(3) A certificate of designation is not a
statutory instrument for the purposes of the
Statutory Instruments Act.
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| Entry and
inspection
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11. (1) Subject to subsection (5), for the
purpose of ensuring compliance with this Act,
an inspector may enter and inspect, at any
reasonable time, any place in which the
inspector believes on reasonable grounds
there is
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| Powers of
inspectors
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(2) An inspector carrying out an inspection
may
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| Operation of
computer and
copying
equipment
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(3) An inspector carrying out an inspection
may
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| Inspector may
be
accompanied
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(4) An inspector carrying out an inspection
may be accompanied by any other person
chosen by the inspector.
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| Warrant to
enter
dwelling-hous
e
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(5) An inspector may not enter a
dwelling-house except with the consent of the
occupant or under the authority of a warrant
issued under subsection (6).
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| Authority to
issue warrant
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(6) If on ex parte application a justice of the
peace is satisfied by information on oath that
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the justice may issue a warrant authorizing the
inspector named in the warrant to enter the
dwelling-house, subject to any conditions that
may be specified in the warrant.
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| Use of force
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(7) The inspector may not use force to
execute the warrant unless its use is
specifically authorized in the warrant.
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| Search and
seizure
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12. (1) An inspector is a public officer for
the purposes of the application of section 487
of the Criminal Code in respect of an offence
under subsection 6(1) unless otherwise
provided by the conditions set under section 9.
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| Where
warrant not
necessary
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(2) An inspector may exercise without a
warrant any of the powers conferred by virtue
of subsection (1) if the conditions for
obtaining a warrant exist but, by reason of
exigent circumstances, it would not be
practical to obtain a warrant.
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| Notice of
reason for
seizure
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(3) An inspector who seizes and detains
anything shall, as soon as practicable, advise
its owner or the person having the possession,
care or control of it at the time of its seizure of
the reason for the seizure.
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| Obstruction
and false
statements
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13. (1) No person shall obstruct or hinder, or
knowingly make any false or misleading
statement either orally or in writing to, an
inspector or a representative of the responsible
authority engaged in carrying out duties under
this Act.
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| Assistance to
inspectors
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(2) The owner or person in charge of a place
entered under section 11 and every person
present in that place shall give an inspector all
reasonable assistance to enable the inspector
to perform his or her duties, and shall furnish
the inspector with any information related to
the administration of this Act that the
inspector reasonably requests.
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| Interference
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(3) Except with the authority of an
inspector, no person shall remove, alter or
interfere in any way with any thing seized
under this Act.
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| Punishment
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14. (1) Every person who contravenes
section 6 or 7 is guilty of an indictable offence
and liable on conviction to a fine not
exceeding $1,000,000 or to imprisonment for
a term not exceeding ten years, or to both.
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| Punishment
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(2) Every person who contravenes section
13 or 17, subsection 18(2) or section 19 or any
provision of the regulations is guilty of an
offence punishable on summary conviction
and liable on conviction to a fine not
exceeding $50,000 or to imprisonment for a
term not exceeding two years, or to both.
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| Continuing
offence
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15. Where an offence under this Act is
committed or continued on more than one day,
the person who committed the offence is liable
to be convicted for a separate offence for each
day on which the offence is committed or
continued.
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| Jurisdiction
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16. (1) Where a person is alleged to have
committed an offence under this Act,
proceedings in respect of that offence may be
commenced at the instance of the Government
of Canada and conducted by the Attorney
General of Canada or counsel acting on his or
her behalf in any territorial division in
Canada, if the offence is alleged to have
occurred outside the province in which the
proceedings are commenced, whether or not
proceedings have previously been
commenced elsewhere in Canada.
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| Trial and
punishment
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(2) An accused may be tried and punished
in respect of an offence referred to in
subsection (1) in the same manner as if the
offence had been committed in the territorial
division where the proceeding is conducted.
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INFORMATION AND DOCUMENTS |
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| Information
and
documents
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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
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| Notice for
disclosure of
information
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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.
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| Compliance
with notice
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(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.
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| Confidential
information
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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
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REGULATIONS |
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| Powers of
Governor in
Council
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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
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PART 24 |
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CONSEQUENTIAL, COORDINATING AND COMMENCEMENT PROVISIONS |
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Consequential Amendments |
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| R.S., c. A-1
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Access to Information Act
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107. Schedule II to the Access to
Information Act is amended by replacing
the reference to ``subsections 4.8(1) and
6.5(5)'' opposite the reference to the
Aeronautics Act with a reference to
``subsections 4.79(1) and 6.5(5)''.
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| R.S., c. C-46
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Criminal Code
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108. The definition ``offence'' in section
183 of the Criminal Code is replaced by the
following:
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| ``offence'' « infraction »
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``offence'' means an offence contrary to, any
conspiracy or attempt to commit or being an
accessory after the fact in relation to an
offence contrary to, or any counselling in
relation to an offence contrary to
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