Bill C-629

3rd Session, 40th Parliament,

59-60 Elizabeth II, 2010-2011

house of commons of canada

BILL C-629

An Act respecting the establishment of a nuclear-weapons-free zone in the Canadian Arctic

Whereas the ecosystem of the Canadian Arctic is very fragile;

Whereas it would be extremely difficult to clean up any nuclear material released in the Canadian Arctic due to its harsh climatic conditions;

Whereas the indigenous plants and animals of the Canadian Arctic are critically important to the diet of the Aboriginal peoples of the region;

Whereas there is a history of peaceful cooperation among the inhabitants of the Canadian Arctic;

Whereas the impending use of the Arctic Ocean as a major trade route could include the transport of nuclear weapons;

And whereas Canada wishes to contribute, to the greatest extent possible, to ending the armaments race, especially as regards nuclear weapons, and to improving the prospects for a world at peace, based on the principles of sovereign equality, mutual respect and neighbourliness among states;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Nuclear-Weapons-Free Zone in the Canadian Arctic Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Canadian Arctic” means those lands and waters under Canadian sovereignty that are north of 60° N latitude and the airspace above those lands and waters.

“nuclear weapon” means any explosive device that is capable of releasing nuclear energy in an uncontrolled manner and includes such a device in unassembled and partly-assembled forms but does not include the means of transport or delivery of such a device if separable from and not an indivisible part of it.

GENERAL

3. This Act is binding on her Majesty in right of Canada.

4. In the event of a conflict or inconsistency between the provisions of this Act and the provisions of an international treaty to which Canada is a party, the provisions of the international treaty shall prevail to the extent of the conflict or inconsistency.

5. (1) No person or state shall possess, manufacture, test, store, transport or deploy a nuclear weapon in the Canadian Arctic.

(2) No person shall dump or dispose of weapons-grade nuclear material in the Canadian Arctic.

OFFENCES

6. Any person who contravenes section 5 is guilty of an indictable offence and is liable to a fine not exceeding $500,000, or to imprisonment for a term not exceeding 10 years, or to both.

7. (1) Any state that contravenes section 5 is guilty of an indictable offence and is liable to a fine not exceeding $10,000,000.

(2) In the case of a contravention or suspected contravention of section 5 by a foreign state, the Government of Canada shall, in accordance with its international treaty obligations and the norms and principles of international law, officially notify the state concerned of the contravention or suspected contravention, request an explanation and make every effort to peacefully resolve the matter through diplomatic channels before initiating a prosecution under subsection (1).