Bill C-42
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-42 |
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An Act to amend certain Acts of Canada, and
to enact measures for implementing the
Biological and Toxin Weapons
Convention, in order to enhance public
safety
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Public Safety
Act.
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PART 1 |
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R.S., c. A-2
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AERONAUTICS ACT |
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Amendments |
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2. (1) The definition ``textes
d'application'' in subsection 3(1) of the
French version of the Aeronautics Act is
repealed.
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1992, c. 4,
s. 1(3)(F)
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(2) The definition ``Canadian aviation
document'' in subsection 3(1) of the Act is
replaced by the following:
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``Canadian
aviation
document'' « document d'aviation canadien »
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``Canadian aviation document'' means,
subject to subsection (3) , any licence,
permit, accreditation, certificate or other
document issued by the Minister under Part
I to or with respect to any person or in
respect of any aeronautical product,
aerodrome, facility or service.
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(3) Subsection 3(1) of the Act is amended
by adding the following in alphabetical
order:
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``aviation
security
regulation'' « règlement sur la sûreté aérienne »
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``aviation security regulation'' means a
regulation made under subsection 4.71(1);
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``emergency
direction'' « directive d'urgence »
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``emergency direction'' means a direction
made under section 4.77 or 4.78;
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``security
clearance'' « habilitation de sécurité »
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``security clearance'' means a security
clearance granted under subsection 4.81(1);
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``security
measure'' « mesure de sûreté »
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``security measure'' means a measure made
under subsection 4.72(1) or 4.73(1);
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(4) Section 3 of the Act is amended by
adding the following after subsection (2):
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Exception
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(3) The following documents are deemed
not to be a Canadian aviation document for the
purposes of sections 6.6 to 7.2:
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R.S., c. 33 (1st
Supp.), s. 1
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3. Subsection 4.3(1) of the Act is replaced
by the following:
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Delegation by
Minister
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4.3 (1) The Minister may authorize any
person or class of persons to exercise or
perform, subject to any restrictions or
conditions that the Minister may specify, any
of the powers, duties or functions of the
Minister under this Part, other than the power
to make a regulation, an order, a security
measure or an emergency direction.
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Exception
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(1.1) Despite subsection (1), the Minister
may authorize any person or class of persons
to make an order, a security measure or an
emergency direction if a provision of this Part
specifically authorizes the Minister to do so.
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4. Subsection 4.4(2) of the Act is amended
by striking out the word ``or'' at the end of
paragraph (a) and by adding the following
after paragraph (a):
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R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 4,
ss. 5, 6; 1999,
c. 31, ss. 5, 6
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5. Sections 4.7 and 4.8 of the Act are
replaced by the following:
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Interpretation
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Definitions
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4.7 The following definitions apply in
sections 4.71 to 4.85.
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``goods'' « bien »
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``goods'' means anything that may be taken or
placed on board an aircraft, or that may be
brought into an aerodrome or other aviation
facility, including personal belongings,
baggage, cargo and conveyances.
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``screening'' « contrôle »
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``screening'' means a screening, including a
search, carried out in the manner and under
the circumstances prescribed in aviation
security regulations, security measures or
emergency directions.
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Aviation Security Regulations
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Aviation
security
regulations
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4.71 (1) The Governor in Council may
make regulations respecting aviation security.
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Contents of
regulations
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(2) Without limiting the generality of
subsection (1), regulations may be made
under that subsection
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Security Measures
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Minister may
make security
measures
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4.72 (1) The Minister may make measures
respecting aviation security, including
measures dealing with any matter that may be
dealt with in aviation security regulations.
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Consultation
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(2) Before making a security measure, the
Minister must consult with any person or
organization that the Minister considers
appropriate in the circumstances.
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Coming into
force
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(3) A security measure does not come into
force until at least 30 days after it is made.
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Exception
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(4) Subsections (2) and (3) do not apply if,
in the opinion of the Minister, the security
measure is immediately required for aviation
security or the protection of the public.
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Minister may
carry out
security
measure
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(5) The Minister may carry out the
requirements of a security measure whenever
the Minister considers it necessary to do so.
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Authorized
officer may
make
measures
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4.73 (1) The Minister may authorize any
officer of the Department of Transport to
make, subject to any restrictions or conditions
that the Minister may specify, measures
respecting aviation security, including
measures dealing with any matter that may be
dealt with in aviation security regulations
whenever the officer is of the opinion that the
measures are immediately required for
aviation security or the protection of the
public.
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Duration
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(2) A security measure made under
subsection (1) comes into force immediately
when it is made but ceases to have force 90
days after it is made unless the Minister or the
officer who made it repeals it before the expiry
of the 90 days.
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Relationship
with
regulations
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4.74 (1) A security measure may provide
that it applies in lieu of or in addition to any
aviation security regulation.
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Conflict
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(2) If there is a conflict between an aviation
security regulation and a security measure, the
security measure prevails to the extent of the
conflict.
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Apportionment of Costs
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Apportion- ment of costs
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4.75 (1) The Minister may apportion the
costs of any security measure between the
persons to whom it is directed, or by whom it
is carried out, and any person or persons who,
in the opinion of the Minister, would
reasonably be expected to benefit from the
security measure. As part of the
apportionment of costs, the Minister may
specify to whom the costs are payable.
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Recovery
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(2) An apportionment of costs constitutes a
debt that is payable immediately by the person
against whom it is made, and it may be
recovered as such in any court of competent
jurisdiction.
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Foreign Aircraft Requirements
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Foreign
aircraft
requirements
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4.76 For the purposes of protecting the
public, passengers, crew members, aircraft
and aerodromes and other aviation facilities or
for preventing unlawful interference with
civil aviation, no operator of an aircraft
registered outside Canada shall land the
aircraft at an aerodrome in Canada unless the
aircraft and all persons and goods on board the
aircraft have been subjected to requirements
that are acceptable to the Minister.
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Emergency Directions
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Emergency
directions
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4.77 If the Minister is of the opinion that
there is an immediate threat to aviation
security or to any aircraft or aerodrome or
other aviation facility, or to the safety of the
public, passengers or crew members, the
Minister may direct any person to do, or to
refrain from doing, anything that in the
opinion of the Minister it is necessary to do or
refrain from doing in order to respond to the
threat, including directions respecting
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Authorized
officer may
make
emergency
direction
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4.78 (1) The Minister may authorize any
officer of the Department of Transport to
make, subject to any restrictions or conditions
that the Minister may specify, any direction
that the Minister may make under section 4.77
whenever the officer is of the opinion that
there is a threat referred to in that section.
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Compliance
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(2) Every person to whom an emergency
direction is directed must comply with it.
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Relationship
with
regulations
and security
measures
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4.79 (1) An emergency direction may
provide that it applies in lieu of or in addition
to any aviation security regulation or security
measure.
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Conflict
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(2) If there is a conflict between an aviation
security regulation or a security measure and
an emergency direction, the emergency
direction prevails to the extent of the conflict.
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Unauthorized Disclosure
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Unauthorized
disclosure
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4.8 (1) No person other than the person who
made the security measure or emergency
direction shall disclose its substance to any
other person unless the disclosure is required
by law or is necessary to give effect to the
security measure or emergency direction, as
the case may be.
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Court to
inform
Minister
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(2) If, in any proceedings before a court or
other body having jurisdiction to compel the
production or discovery of information, a
request is made for the production or
discovery of any security measure or
emergency direction, the court or other body
shall, if the Minister is not a party to the
proceedings, cause a notice of the request to be
given to the Minister, and, in camera, examine
the security measure or emergency direction
and give the Minister a reasonable opportunity
to make representations with respect to it.
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Order
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(3) If the court or other body concludes in
the circumstances of the case that the public
interest in the proper administration of justice
outweighs in importance the public interest in
aviation security, the court or other body shall
order its production and discovery, subject to
any restrictions or conditions that the court or
other body considers appropriate, and may
require any person to give evidence that
relates to the security measure or emergency
direction.
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Security Clearances
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Granting,
suspending,
etc.
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4.81 (1) The Minister may, for the purposes
of this Act, grant or refuse to grant a security
clearance to any person or suspend or cancel
a security clearance.
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Precondition
requirement
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(2) The Minister may require a security
clearance as a precondition to being
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Provision of Information
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Requirement
to provide
information
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4.82 (1) The Minister may, for the purposes
of transportation security, require any air
carrier or any person who operates an aviation
reservation system to provide the Minister,
within the time and in the manner specified by
the Minister, with information prescribed in
the regulations
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Restrictions
on disclosure
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(2) Information obtained by the Minister
under subsection (1) may be disclosed only if
the Minister is of the opinion that its disclosure
is necessary for transportation security, and
the information may be disclosed only in
accordance with the regulations.
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