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Bill S-235

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First Session, Forty-second Parliament,

64-65 Elizabeth II, 2015-2016

SENATE OF CANADA

BILL S-235
An Act to amend the Prohibiting Cluster Munitions Act (investments)
FIRST READING, December 15, 2016

THE HONOURABLE SENATOR Ataullahjan
4211620


SUMMARY

This enactment creates a new prohibition against investing in an entity that has breached a prohibition relating to cluster munitions, explosive submunitions and explosive bomblets.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 42nd Parliament,

64-65 Elizabeth II, 2015-2016

SENATE OF CANADA

BILL S-235

An Act to amend the Prohibiting Cluster Munitions Act (investments)

Short Title

Short title

1 This Act may be cited as the Prohibiting Investments in Cluster Munitions Act.

2014, c. 27

Prohibiting Cluster Munitions Act

2 Section 4 of the Prohibiting Cluster Munitions Act is replaced by the following:

Purpose

4 The purpose of this Act is to implement Canada’s commitments under the Convention Insertion start and to provide other measures respecting cluster munitions, explosive submunitions and explosive bomblets Insertion end .

3 Paragraphs 6(e) to (h) of the Act are replaced by the following:

  • Start of inserted block

    (d.‍1) acquire or have, directly or indirectly and individually or as a shareholder, partner or otherwise, any pecuniary interest in, or loan funds or guarantee a loan of funds to, a person knowing that the person has committed or has aided or abetted in the commission of any act referred to in paragraphs (a) to (d);

    End of inserted block

  • (e) attempt to commit any act referred to in paragraphs (a) to ( Insertion start d.‍1 Insertion end );

  • (f) aid, abet or counsel another person to commit any act referred to in paragraphs (a) to ( Insertion start d.‍1 Insertion end );

  • (g) conspire with another person to commit any act referred to in paragraphs (a) to ( Insertion start d.‍1 Insertion end ); or

  • (h) receive, comfort or assist another person, knowing that the person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs (a) to ( Insertion start d.‍1 Insertion end ), for the purpose of enabling the person to escape.

4 Paragraphs 11(3)‍(a) to (c) of the Act are replaced by the following:

  • (a) aiding, abetting or counselling another person to commit any act referred to in paragraphs 6(a) to ( Insertion start d.‍1 Insertion end ), if it would not be an offence for that other person to commit that act;

  • (b) conspiring with another person to commit any act referred to in paragraphs 6(a) to ( Insertion start d.‍1 Insertion end ), if it would not be an offence for that other person to commit that act; or

  • (c) receiving, comforting or assisting another person, knowing that that other person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs 6(a) to ( Insertion start d.‍1 Insertion end ), for the purpose of enabling that other person to escape, if it was not an offence for that other person to commit that act.

Transitional Provision

Divestment

5 Paragraph 6(d.‍1) of the Prohibiting Cluster Munitions Act, as enacted by section 2 of this Act, does not apply to a person in respect of a pecuniary interest that they have or a loan of funds or the guarantee of such a loan that they made before the coming into force of this Act, provided that they divest themselves of the pecuniary interest, loan or guarantee within one year after the coming into force of this Act.

Published under authority of the Senate of Canada


EXPLANATORY NOTES

Prohibiting Cluster Munitions Act
Clause 2: Existing text of section 4:

4 The purpose of this Act is to implement Canada’s commitments under the Convention.

Clause 3: Existing text of relevant portions of section 6:

6 Subject to sections 7, 8 and 10 to 12, it is prohibited for any person to

  • . . . 

  • (e) attempt to commit any act referred to in paragraphs (a) to (d);

  • (f) aid, abet or counsel another person to commit any act referred to in paragraphs (a) to (d);

  • (g) conspire with another person to commit any act referred to in paragraphs (a) to (d); or

  • (h) receive, comfort or assist another person, knowing that the person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs (a) to (d), for the purpose of enabling the person to escape.

Clause 4: Existing text of subsection 11(3):

(3) Section 6 does not prohibit a person, in the course of military cooperation or combined military operations involving Canada and a state that is not a party to the Convention, from

  • (a) aiding, abetting or counselling another person to commit any act referred to in paragraphs 6(a) to (d), if it would not be an offence for that other person to commit that act;

  • (b) conspiring with another person to commit any act referred to in paragraphs 6(a) to (d), if it would not be an offence for that other person to commit that act; or

  • (c) receiving, comforting or assisting another person, knowing that that other person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs 6(a) to (d), for the purpose of enabling that other person to escape, if it was not an offence for that other person to commit that act.


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