Bill C-26
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1990, c. 44, s.
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(2) Subsections 477.3(2) and (3) of the Act
are replaced by the following:
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Arrest, search,
seizure, etc.
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(2) A justice or judge in any territorial
division in Canada has jurisdiction to
authorize an arrest, entry, search or seizure or
an investigation or other ancillary matter
related to an offence
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in the same manner as if the offence had been
committed in that territorial division.
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Limitation
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(3) Where an act or omission that is an
offence by virtue only of section 477.1 is
alleged to have been committed on board any
ship registered outside Canada, the powers
referred to in subsection (1) shall not be
exercised outside Canada with respect to that
act or omission without the consent of the
Attorney General of Canada.
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1990, c. 44, s.
15
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71. (1) Subsections 477.4(1) and (2) of the
Act are repealed.
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1990, c. 44, s.
15; 1995, c. 5,
par. 25(1)(g)
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(2) Paragraphs 477.4(3)(a) and (b) of the
Act are replaced by the following:
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72. The Act is amended by adding the
following after section 481:
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Offence in
Canadian
waters
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481.1 Where an offence is committed in or
on the territorial sea of Canada or any area of
the sea that forms part of the internal waters of
Canada, proceedings in respect thereof may,
whether or not the accused is in Canada, be
commenced and an accused may be charged,
tried and punished within any territorial
division in Canada in the same manner as if the
offence had been committed in that territorial
division.
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Offence
outside
Canada
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481.2 Subject to this or any other Act of
Parliament, where an act or omission is
committed outside Canada and the act or
omission, when committed in those
circumstances, is an offence under this or any
other Act of Parliament, proceedings in
respect thereof may, whether or not the
accused is in Canada, be commenced, and an
accused may be charged, tried and punished
within any territorial division in Canada in the
same manner as if the offence had been
committed in that territorial division.
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Appearance
of accused at
trial
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481.3 For greater certainty, the provisions
of this Act relating to
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apply to proceedings commenced in any
territorial division pursuant to section 481,
481.1 or 481.2.
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R.S., c. 1 (2nd
Supp.) [c.
C-52.6]
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Customs Act |
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73. (1) The definitions ``Canada'',
``internal waters'' and ``territorial sea'' in
subsection 2(1) of the Customs Act are
repealed.
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(2) Subsection 2(2) of the Act is replaced
by the following:
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Restriction of
Canadian
waters
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(2) The Governor in Council may from time
to time by regulation temporarily restrict, for
the purposes of this Act, the extent of
Canadian waters, including the inland waters,
but no such regulation shall be construed as
foregoing any Canadian rights in respect of
waters so restricted.
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74. Subsection 11(5) of the Act is replaced
by the following:
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Exception
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(5) Subsections (1) and (3) do not apply to
any person who enters Canadian waters,
including the inland waters, or the airspace
over Canada while proceeding directly from
one place outside Canada to another place
outside Canada unless an officer requires that
person to comply with those subsections.
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75. Subsection 12(5) of the Act is replaced
by the following:
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Exception
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(5) This section does not apply in respect of
goods on board a conveyance that enters
Canadian waters, including the inland waters,
or the airspace over Canada while proceeding
directly from one place outside Canada to
another place outside Canada unless an officer
otherwise requires.
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R.S., c. C-53
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Customs and Excise Offshore Application Act |
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R.S., c. 1 (2nd
Supp.), s.
213(3) (Sch.
III, item 2)
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76. (1) The definitions ``continental
shelf'', ``internal waters'' and ``territorial
sea'' in subsection 2(1) of the Customs and
Excise Offshore Application Act are
repealed.
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(2) Subsection 2(3) of the Act is repealed.
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77. Paragraphs 7(a) to (c) of the Act are
replaced by the following:
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R.S., c. 41
(3rd Supp.) [c.
C-54.01]
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Customs Tariff |
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78. Section 9 of the Customs Tariff is
replaced by the following:
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Restriction of
Canadian
waters
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9. For greater certainty, any regulation
made pursuant to subsection 2(2) of the
Customs Act applies so as to temporarily
restrict, for the purposes of this Act, the extent
of Canadian waters, including the inland
waters.
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R.S., c. E-6
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Energy Administration Act |
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79. The definition ``offshore area'' in
section 20 of the Energy Administration Act
is replaced by the following:
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``offshore
area'' « zone extracô- tière »
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``offshore area'' means Sable Island or any
area of land not within a province that
belongs to Her Majesty in right of Canada
or in respect of which Her Majesty in right
of Canada has the right to dispose of or
exploit the natural resources and that is
situated in submarine areas in the internal
waters of Canada, the territorial sea of
Canada or the continental shelf of Canada;
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R.S., c. E-8
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Energy Monitoring Act |
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80. The definition ``Canada'' in
subsection 2(1) of the Energy Monitoring
Act is replaced by the following:
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``Canada'' « Canada »
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``Canada'' includes the continental shelf of
Canada;
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R.S., c. E-15
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Excise Tax Act |
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R.S., c. 7 (2nd
Supp.), s.
34(1)
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81. Paragraph 70(1)(d) of the Excise Tax
Act is replaced by the following:
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R.S., c. F-7
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Federal Court Act |
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82. Paragraph 22(3)(c) of the Federal
Court Act is replaced by the following:
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83. Paragraph 43(4)(b) of the Act is
replaced by the following:
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84. Subsection 55(1) of the Act is replaced
by the following:
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Application of
process
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55. (1) The process of the Court runs
throughout Canada and any other place to
which legislation enacted by Parliament has
been made applicable.
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R.S., c. F-28
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Foreign Enlistment Act |
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R.S., c. 1 (2nd
Supp.), s.
213(1) (Sch. I,
item 6)
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85. The definition ``within Canada'' in
section 2 of the Foreign Enlistment Act is
repealed.
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R.S., c. I-21
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Interpretation Act |
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86. Section 8 of the Interpretation Act is
amended by adding the following after
subsection (2):
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Exclusive
economic
zone of
Canada
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(2.1) Every enactment that applies in
respect of exploring or exploiting, conserving
or managing natural resources, whether living
or non-living, applies, in addition to its
application to Canada, to the exclusive
economic zone of Canada, unless a contrary
intention is expressed in the enactment.
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Continental
shelf of
Canada
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(2.2) Every enactment that applies in
respect of exploring or exploiting natural
resources that are
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applies, in addition to its application to
Canada, to the continental shelf of Canada,
unless a contrary intention is expressed in the
enactment.
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87. Subsection 35(1) of the Act is
amended by adding the following in
alphabetical order:
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``Canada'' « Canada »
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``Canada'', for greater certainty, includes the
internal waters of Canada and the territorial
sea of Canada;
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``Canadian
waters'' « eaux canadien- nes »
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``Canadian waters'' includes the territorial sea
of Canada and the internal waters of
Canada;
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``contiguous
zone'' « zone contiguë »
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``contiguous zone'',
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``continental
shelf'' « plateau continental »
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``continental shelf'',
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``exclusive
economic
zone'' « zone économique exclusive »
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``exclusive economic zone'',
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``internal
waters'' « eaux intérieures »
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``internal waters'',
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``territorial
sea'' « mer territoriale »
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``territorial sea'',
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