Bill S-9
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S-9
First Session, Forty-first Parliament,
60-61 Elizabeth II, 2011-2012
SENATE OF CANADA
BILL S-9
An Act to amend the Criminal Code
first reading, March 27, 2012
LEADER OF THE GOVERNMENT IN THE SENATE
90649
SUMMARY
This enactment amends the Criminal Code to create four new offences relating to nuclear terrorism in order to implement the Amendment to the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism.
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1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
senate of canada
BILL S-9
An Act to amend the Criminal Code
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Nuclear Terrorism Act.
R.S., c. C-46
CRIMINAL CODE
2001, c. 41, s. 2(1)
2. (1) Paragraph (d) of the definition “Attorney General” in section 2 of the Criminal Code is replaced by the following:
(d) with respect to proceedings in relation to an offence referred to in subsection 7(3.71), or in relation to an offence referred to in paragraph (a) of the definition “terrorist activity” in subsection 83.01(1) if the act or omission was committed outside Canada but is deemed under any of subsections 7(2), (2.1) to (2.21), (3), (3.1), (3.72) and (3.73) to have been committed in Canada, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy,
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
“environment”
« environnement »
« environnement »
“environment” means the components of the Earth and includes
(a) air, land and water,
(b) all layers of the atmosphere,
(c) all organic and inorganic matter and living organisms, and
(d) the interacting natural systems that include components referred to in paragraphs (a) to (c);
“nuclear facility”
« installation nucléaire »
« installation nucléaire »
“nuclear facility” means
(a) any nuclear reactor, including a reactor installed on a vessel, vehicle, aircraft or space object for use as an energy source in order to propel the vessel, vehicle, aircraft or space object or for any other purpose, and
(b) any plant or conveyance used for the production, storage, processing or transport of nuclear material or radioactive material;
“nuclear material”
« matière nucléaire »
« matière nucléaire »
“nuclear material” means
(a) plutonium, except plutonium with an isotopic concentration of plutonium-238 that is greater than 80%,
(b) uranium-233,
(c) uranium containing uranium-233 or uranium-235 or both in an amount such that the abundance ratio of the sum of those isotopes to the isotope uranium-238 is greater than 0.72%,
(d) uranium with an isotopic concentration equal to that occurring in nature, except uranium in the form of ore or ore-residue, and
(e) any substance containing any material described in paragraphs (a) to (d);
“radioactive material”
« matière radioactive »
« matière radioactive »
“radioactive material” means any material that emits one or more types of ionizing radiation, such as alpha or beta particles, neutrons and gamma rays, and that is capable of, owing to its radiological or fissile properties, causing death, serious bodily harm or substantial damage to property or the environment;
3. (1) Section 7 of the Act is amended by adding the following after subsection (2.2):
Nuclear terrorism offence committed outside Canada
(2.21) Despite anything in this Act or any other Act, everyone who commits an act or omission outside Canada that if committed in Canada would constitute an offence under any of sections 82.3 to 82.6, or a conspiracy or attempt to commit such an offence, or being an accessory after the fact or counselling in relation to such an offence, is deemed to have committed that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under any Act of Parliament;
(b) the act or omission is committed on an aircraft that
(i) is registered in Canada under regulations made under the Aeronautics Act, or
(ii) is leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;
(c) the person who commits the act or omission is a Canadian citizen; or
(d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada.
R.S., c. 27 (1st Supp.), s. 5(3)
(2) Subsections 7(3.2) to (3.6) of the Act are repealed.
4. The heading before section 79 of the Act is replaced by the following:
Dangerous Materials and Devices
5. The Act is amended by adding the following after section 82.1:
Definition of “device”
82.2 For the purposes of sections 82.3 to 82.5, “device” means any of the following:
(a) a nuclear explosive device;
(b) a device that disperses radioactive material;
(c) a device that emits ionizing radiation and that is capable of causing death, serious bodily harm or substantial damage to property or the environment.
Possession, etc., of nuclear material, radioactive material or device
82.3 Everyone who, with intent to cause death, serious bodily harm or substantial damage to property or the environment, makes a device or possesses, uses, transfers, exports, imports, alters or disposes of nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.
Use or alteration of nuclear material, radioactive material or device
82.4 Everyone who, with intent to compel a person, government or international organization to do or refrain from doing any act, uses or alters nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.
Commission of indictable offence to obtain nuclear material, etc.
82.5 Everyone who commits an indictable offence under this or any other Act of Parliament, with intent to obtain nuclear material, radioactive material or a device or to obtain access to a nuclear facility, is guilty of an indictable offence and is liable to imprisonment for life.
Threats
82.6 Everyone who threatens to commit an offence under any of sections 82.3 to 82.5 is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years.
Armed forces
82.7 For greater certainty, sections 82.3 to 82.6 do not apply to an act that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or to activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.
2001, c. 41, s. 4
6. Subparagraph (a)(v) of the definition “terrorist activity” in subsection 83.01(1) of the Act is replaced by the following:
(v) the offences referred to in subsection 7(2.21) that implement the Convention on the Physical Protection of Nuclear Material, done at Vienna and New York on March 3, 1980, as amended by the Amendment to the Convention on the Physical Protection of Nuclear Material, done at Vienna on July 8, 2005 and the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on September 14, 2005,
7. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xii):
(xii.01) section 82.3 (possession, etc., of nuclear material, radioactive material or device),
(xii.02) section 82.4 (use or alteration of nuclear material, radioactive material or device),
(xii.03) section 82.5 (commission of indictable offence to obtain nuclear material, etc.),
(xii.04) section 82.6 (threats),
8. Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i.04):
(i.041) section 82.3 (possession, etc., of nuclear material, radioactive material or device),
(i.042) section 82.4 (use or alteration of nuclear material, radioactive material or device),
(i.043) section 82.5 (commission of indictable offence to obtain nuclear material, etc.),
(i.044) section 82.6 (threats),
2000, c. 24, s. 45
9. The portion of subsection 607(6) of the Act before paragraph (a) is replaced by the following:
Exception — foreign trials in absentia
(6) A person who is alleged to have committed an act or omission outside Canada that is an offence in Canada by virtue of any of subsections 7(2) to (3.1) or (3.7), or an offence under the Crimes Against Humanity and War Crimes Act, and in respect of which the person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if
COMING INTO FORCE
Order in council
10. This Act comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Senate of Canada
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Explanatory Notes
Criminal Code
Clause 2: (1) Relevant portion of the definition:
“Attorney General”
...
(d) with respect to proceedings in relation to
(i) an offence referred to in subsection 7(3.71), or
(ii) an offence referred to in paragraph (a) of the definition “terrorist activity” in subsection 83.01(1), where the act or omission was committed outside Canada but is deemed by virtue of subsection 7(2), (2.1), (2.2), (3), (3.1), (3.4), (3.6), (3.72) or (3.73) to have been committed in Canada,
means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,
(2) New.
Clause 3: (1) New.
(2) Existing text of subsections 7(3.2) to (3.6):
(3.2) Notwithstanding anything in this Act or any other Act, where
(a) a person, outside Canada, receives, has in his possession, uses, transfers the possession of, sends or delivers to any person, transports, alters, disposes of, disperses or abandons nuclear material and thereby
(i) causes or is likely to cause the death of, or serious bodily harm to, any person, or
(ii) causes or is likely to cause serious damage to, or destruction of, property, and
(b) the act or omission described in paragraph (a) would, if committed in Canada, be an offence against this Act,
that person shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.
(3.3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute
(a) a conspiracy or an attempt to commit,
(b) being an accessory after the fact in relation to, or
(c) counselling in relation to,
an act or omission that is an offence by virtue of subsection (3.2) shall be deemed to commit the act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.
(3.4) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit or being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against,
(a) section 334, 341, 344 or 380 or paragraph 362(1)(a) in relation to nuclear material,
(b) section 346 in respect of a threat to commit an offence against section 334 or 344 in relation to nuclear material,
(c) section 423 in relation to a demand for nuclear material, or
(d) paragraph 264.1(1)(a) or (b) in respect of a threat to use nuclear material
shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.
(3.5) For the purposes of subsections (3.2) to (3.4), a person shall be deemed to commit an act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations; or
(c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada.
(3.6) For the purposes of this section, “nuclear material” means
(a) plutonium, except plutonium with an isotopic concentration of plutonium-238 exceeding eighty per cent,
(b) uranium-233,
(c) uranium containing uranium-233 or uranium-235 or both in such an amount that the abundance ratio of the sum of those isotopes to the isotope uranium-238 is greater than 0.72 per cent,
(d) uranium with an isotopic concentration equal to that occurring in nature, and
(e) any substance containing anything described in paragraphs (a) to (d),
but does not include uranium in the form of ore or ore-residue.
Clause 4: Existing text of the heading:
Dangerous Substances
Clause 5: New.
Clause 6: Relevant portion of the definition:
“terrorist activity” means
(a) an act or omission that is committed in or outside Canada and that, if committed in Canada, is one of the following offences:
...
(v) the offences referred to in subsection 7(3.4) or (3.6) that implement the Convention on the Physical Protection of Nuclear Material, done at Vienna and New York on March 3, 1980,
Clause 7: New.
Clause 8: New.
Clause 9: Relevant portion of subsection 607(6):
(6) A person who is alleged to have committed an act or omission outside Canada that is an offence in Canada by virtue of any of subsections 7(2) to (3.4) or (3.7), or an offence under the Crimes Against Humanity and War Crimes Act, and in respect of which the person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if