Bill C-42
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INFORMATION AND DOCUMENTS |
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Information
and
documents
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17. Every person who develops, produces,
retains, stockpiles, otherwise acquires or
possesses, uses, transfers, exports or imports
any microbial or other biological agent, any
toxin or any related equipment identified in
the regulations shall
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Notice for
disclosure of
information
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18. (1) The Minister may send a notice to
any person who the Minister believes on
reasonable grounds has information or
documents relevant to the enforcement of this
Act, requesting the person to provide the
information or documents to the Minister.
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Compliance
with notice
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(2) A person who receives a notice referred
to in subsection (1) shall provide the requested
information and documents that are under the
person's care or control to the Minister in the
form and within the time specified in the
notice.
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Confidential
information
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19. No person who obtains information or
documents pursuant to this Act or the
Convention from a person who consistently
treated them in a confidential manner shall
knowingly, without the written consent of that
person, communicate them or allow them to
be communicated to any person, or allow any
person to have access to them, except
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REGULATIONS |
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Powers of
Governor in
Council
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20. The Governor in Council may, on the
recommendation of the Minister and any other
Minister who has powers in relation to
biological agents or toxins, make regulations
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R.S., c. C-46
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Related Amendment to Criminal Code |
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115. The definition ``offence'' in section
183 of the Criminal Code is amended by
adding, immediately after the reference to
``Export and Import Permits Act,'', a
reference to ``sections 6 (production, etc., of
biological agents and means of delivery)
and 7 (unauthorized production, etc., of
biological agents) of the Biological and
Toxin Weapons Convention Implementation
Act,''.
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PART 20 |
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COORDINATING AND COMMENCEMENT PROVISIONS |
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Coordinating Amendments |
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Bill C-24
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116. (1) Subsections (2) to (4) apply if Bill
C-24, introduced in the 1st Session of the
37th Parliament and entitled An Act to
amend the Criminal Code (organized crime
and law enforcement) and to make
consequential amendments to other Acts (the
``other Act''), receives royal assent.
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(2) If section 4 of the other Act comes into
force after section 28 of this Act, then, on the
coming into force of section 4 of the other
Act, the definition ``offence'' in section 183
of the Criminal Code is amended by adding
the following before subparagraph
(a)(lxxvi):
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(3) If section 4 of the other Act comes into
force on the same day as section 28 of this
Act, then section 28 of this Act is deemed to
have come into force before section 4 of the
other Act and subsection (2) applies.
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(4) If section 4 of the other Act comes into
force before section 28 of this Act, then, on
the later of the day on which section 4 of the
other Act comes into force and the day on
which this Act receives royal assent, section
28 of this Act is repealed and the definition
``offence'' in section 183 of the Criminal
Code is amended by adding the following
before subparagraph (a)(lxxvi):
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117. (1) Subsections (2) to (4) apply if Bill
C-24, introduced in the 1st Session of the
37th Parliament and entitled An Act to
amend the Criminal Code (organized crime
and law enforcement) and to make
consequential amendments to other Acts (the
``other Act''), receives royal assent.
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(2) If section 4 of the other Act comes into
force after section 115 of this Act, then, on
the day on which section 4 of the other Act
comes into force, the definition ``offence'' in
section 183 of the Criminal Code is amended
by adding the following after paragraph
(b):
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(3) If section 4 of the other Act comes into
force on the same day as section 115 of this
Act, then section 115 of this Act is deemed
to have come into force before section 4 of
the other Act and subsection (2) applies.
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(4) If section 4 of the other Act comes into
force before section 115 of this Act, then, on
the later of the day on which section 4 of the
other Act comes into force and the day on
which this Act receives royal assent, section
115 of this Act is repealed and the definition
``offence'' in section 183 of the Criminal
Code is amended by adding the following
after paragraph (b):
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Bill C-34
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118. (1) Subsections (2) to (4) apply if Bill
C-34, introduced in the 1st Session of the
37th Parliament and entitled the
Transportation Appeal Tribunal of Canada
Act (the ``other Act''), receives royal assent.
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(2) On the later of the coming into force
of subsection 36(2) of the other Act and
subsection 11(3) of this Act, subsections 7(7)
and (8) of the Aeronautics Act are replaced
by the following:
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Determination
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(7) The member of the Tribunal conducting
the review may make the following
determination:
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Effect of
decision
pending
reconsideratio
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(7.1) If a decision of the Minister under
subsection 7(1) is referred back to the Minister
for reconsideration under paragraph (7)(a),
the decision of the Minister remains in effect
until the reconsideration is concluded.
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Request for
reconsideratio
n of
immediate
threat
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(8) If no appeal from a determination under
subsection (7) confirming the Minister's
decision is taken under section 7.2 within the
time limited for doing so under that section or
an appeal panel has, on an appeal under that
section, confirmed the Minister's decision
under this section, or if the Minister, after
reconsidering the matter under paragraph
7(7)(a) or 7.2(3)(b), has confirmed the
suspension, the holder of the document or the
owner or operator of any aircraft, airport or
other facility in respect of which the document
was issued may, in writing, request the
Minister to reconsider whether the immediate
threat to aviation safety or security referred to
in subsection (1) that occasioned the
suspension continues to exist or is likely to
occur as described in that subsection.
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(3) On the later of the coming into force
of section 38 of the other Act and subsection
12(1) of this Act, section 7.2 of the
Aeronautics Act is replaced by the
following:
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Right of
appeal
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7.2 (1) Within thirty days after the
determination,
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Loss of right
of appeal
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(2) A party that does not appear at a review
hearing is not entitled to appeal a
determination, unless they establish that there
was sufficient reason to justify their absence.
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Disposition of
appeal
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(3) The appeal panel of the Tribunal
assigned to hear the appeal may
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Effect of
decision
pending
reconsideratio
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(4) If a decision to suspend or cancel a
Canadian aviation document is referred back
to the Minister for reconsideration under
paragraph (3)(a), the decision of the Minister
remains in effect until the reconsideration is
concluded. However, the appeal panel, after
considering any representations made by the
parties, may grant a stay of the decision made
under subsection 7.1(7) until the
reconsideration is concluded, if it is satisfied
that granting a stay would not constitute a
threat to aviation safety or security.
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(4) On the later of the coming into force
of section 38 of the other Act and subsection
2(4) of this Act, the portion of subsection
3(3) of the Aeronautics Act before
paragraph (a) is replaced by the following:
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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 7.21:
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Bill C-36
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119. If Bill C-36, introduced in the 1st
Session of the 37th Parliament and entitled
the Anti-terrorism Act (the ``other Act''),
receives royal assent, then, on the later of
the coming into force of section 13 of the
other Act and section 29 of this Act,
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Definitions
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431.2 (1) The following definitions apply in
this section and in section 432.
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``imitation
explosive or
other lethal
device'' « faux engin meurtrier »
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``imitation explosive or other lethal device''
means any thing that imitates an explosive
or other lethal device.
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120. (1) If Bill C-36, introduced in the 1st
Session of the 37th Parliament and entitled
the Anti-terrorism Act (the ``other Act''),
receives royal assent, then paragraph
7(1.01)(a) of the Export and Import Permits
Act is replaced by the following:
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(2) Subsection (1) comes into force on the
later of the day on which section 52 of this
Act and the day on which section 27 of the
other Act come into force.
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121. (1) Subsections (2) and (3) apply if
Bill C-36, introduced in the 1st Session of
the 37th Parliament and entitled the
Anti-terrorism Act (the ``other Act''),
receives royal assent.
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(2) On the later of the coming into force
of section 97 of this Act and section 4 of the
other Act, subsection 58.12(2) of the
National Energy Board Act is replaced by
the following:
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Waiver
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(2) The Board may waive the requirement
to publish a notice referred to in subsection (1)
if the Board considers that there is a critical
shortage of electricity caused by terrorist
activity within the meaning of subsection
83.01(1) of the Criminal Code.
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(3) On the later of the coming into force
of section 102 of this Act and section 4 of the
other Act, subsection 119.04(2) of the
National Energy Board Act is replaced by
the following:
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Waiver
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(2) The Board may waive the requirement
to publish a notice referred to in subsection (1)
if the Board considers that there is a critical
shortage of electricity outside Canada caused
by terrorist activity within the meaning of
subsection 83.01(1) of the Criminal Code.
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122. If Bill C-36, introduced in the 1st
Session of the 37th Parliament and entitled
the Anti-terrorism Act (the ``other Act''),
receives royal assent, then, on the later of
the coming into force of section 87 of this
Act and section 102 of the other Act,
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