Bill C-42
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Deeming -
``in flight''
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(3) For the purpose of subsection (1), an
aircraft is deemed to be in flight from the time
when all external doors are closed following
embarkation until the time at which any
external door is opened for the purpose of
disembarkation.
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Application
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(4) This section applies despite subsections
7.3(4) and (7).
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R.S., c. 33 (1st
Supp.), s. 1
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16. Paragraph 7.6(1)(a) of the Act is
replaced by the following:
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R.S., c. 33 (1st
Supp.), s. 1
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17. Paragraph 8.3(1)(a) of the Act is
replaced by the following:
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(a) in the opinion of the Minister, the
removal from the record would not be in the
interest of aviation safety or security ; or
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R.S., c. 33 (1st
Supp.), s. 1
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18. Section 8.5 of the Act is replaced by
the following:
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Defence
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8.5 No person shall be found to have
contravened a provision of this Part or of any
regulation, order, security measure or
emergency direction made under this Part if
the person exercised all due diligence to
prevent the contravention.
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R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 4,
s. 23(F)
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19. (1) Paragraph 8.7(1)(a) of the Act is
replaced by the following:
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(2) Section 8.7 of the Act is amended by
adding the following after subsection (1):
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Operation of
computer
systems and
copying
equipment
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(1.1) In carrying out an inspection or audit
in any place referred to in paragraph (1)(a) or
(b), the Minister may
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20. The Act is amended by adding the
following after section 8.7:
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Duty to assist
Minister
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8.8 The owner or person who is in
possession or control of a place that is
inspected or audited under subsection 8.7(1),
and every person who is found in the place,
shall
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Transitional |
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Transitional
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21. Every security measure made under
Part I of the Aeronautics Act that is in force
immediately before section 5 of this Act
comes into force remains in force and is
deemed to have been made under the
authority of subsection 4.72(1) of the Act as
enacted by section 5 of this Act.
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PART 2 |
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1999, c. 33
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CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 |
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22. The definitions ``environmental
emergency'' and ``substance'' in section 193
of the Canadian Environmental Protection
Act, 1999 are replaced by the following:
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``environment
al
emergency'' « urgence environnemen tale »
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``environmental emergency'' means
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``substance'' « substance »
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``substance'' means, except in sections 199
and 200.1 , a substance on a list of
substances established under regulations or
interim orders made under this Part.
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23. The Act is amended by adding the
following after section 200:
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Interim orders
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200.1 (1) The Minister may make an
interim order, in respect of a substance, that
contains any provision that may be contained
in a regulation made under this Part, if
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Effect of
order
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(2) Subject to subsection (3), an interim
order has effect
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Approval of
Governor in
Council
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(3) An interim order ceases to have effect
unless it is approved by the Governor in
Council within 14 days after it is made.
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Consultation
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(4) The Governor in Council shall not
approve an interim order unless the Minister
has
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Recommendat
ion of
regulations
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(5) If the Governor in Council approves an
interim order, the Minister shall, within 90
days after the approval, publish in the Canada
Gazette a statement indicating whether the
Minister intends to recommend to the
Governor in Council
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Contravention
of
unpublished
order
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(6) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
date of the alleged contravention, the person
had been notified of the interim order.
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Cessation of
effect
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(7) Subject to subsection (3), an interim
order ceases to have effect on the earliest of
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24. (1) The portion of subsection 201(1) of
the Act before paragraph (b) is replaced by
the following:
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Remedial
measures
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201. (1) Subject to any regulations made
under subsection 200(1) or any interim orders
made under section 200.1, if there occurs an
environmental emergency in respect of a
substance on a list established under the
regulations or interim orders , any person
described in subsection (2) shall, as soon as
possible in the circumstances,
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(2) Subsection 201(3) of the Act is
replaced by the following:
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Report by
other persons
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(3) A person, other than a person described
in subsection (2), shall, as soon as possible in
the circumstances, report an environmental
emergency to an enforcement officer or to a
person designated by regulation or interim
order if their property is affected by the
environmental emergency.
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25. Subsection 202(1) of the Act is
replaced by the following:
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Voluntary
report
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202. (1) If a person knows about an
environmental emergency but the person is
not required to report the matter under this
Act, the person may report any information
about the environmental emergency to an
enforcement officer or to a person designated
by regulation or interim order .
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26. The portion of section 331 of the Act
before paragraph (a) is replaced by the
following:
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Exemption
from
Statutory
Instruments
Act
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331. An interim order made under section
94, 163, 173, 183 or 200.1
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27. Subsection 332(1) of the Act is
replaced by the following:
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Publication of
proposed
orders and
regulations
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332. (1) The Minister shall publish in the
Canada Gazette a copy of every order or
regulation proposed to be made by the
Minister or the Governor in Council under this
Act, except a list, or an amendment to a list,
referred to in section 66, 87, 105 or 112 or an
interim order made under section 94, 163,
173, 183 or 200.1 .
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PART 3 |
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R.S., c. C-46
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CRIMINAL CODE |
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28. The definition ``offence'' in section
183 of the Criminal Code is amended by
adding, immediately before the reference to
``433 (arson),'' a reference to ``432 (hoax
respecting explosive or other lethal
devices),''.
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29. The Act is amended by adding the
following before the heading preceding
section 433:
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Definitions
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432. (1) The following definitions apply in
this section.
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``explosive or
other lethal
device'' « engin explosif ou autre engin meurtrier »
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``explosive or other lethal device'' means
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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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``infrastructur
e facility''
« infrastructur
e »
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``infrastructure facility'' means a publicly or
privately owned facility that provides or
distributes services for the benefit of the
public, including services relating to water,
sewage, energy, fuel and communications.
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``military
forces of a
state'' « forces
armées d'un
État »
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``military forces of a state'' means the armed
forces that a state organizes, trains and
equips in accordance with the law of the
state for the primary purpose of national
defence or security, and every person acting
in support of those armed forces who is
under their formal command, control and
responsibility.
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``place of
public use'' « lieu public »
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``place of public use'' means those parts of
land or of a building, street, waterway or
other location that are accessible or open to
members of the public, whether on a
continuous, periodic or occasional basis,
and includes any commercial, business,
cultural, historical, educational, religious,
governmental, entertainment, recreational
or other place that is accessible or open to
the public on such a basis.
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``public
transportation
system''
« système de
transport
public »
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``public transportation system'' means a
publicly or privately owned facility,
conveyance or other thing that is used in
connection with publicly available services
for the transportation of persons or cargo.
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Explosive or
other lethal
device
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(2) Every one who, with intent to cause fear
of death or bodily harm in any person, conveys
or causes or procures to be conveyed
information, knowing the information to be
false or being reckless as to its truth, that an
explosive or other lethal device has been or
will be delivered, placed, discharged or
detonated to, into, in or against a place of
private or public use, a government or public
facility, a public transportation system or an
infrastructure facility is guilty of
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Imitation
explosive or
other lethal
device
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(3) Every one who, with intent to cause fear
of death or bodily harm in any person,
delivers, places, discharges or detonates or
causes or procures to be delivered, placed,
discharged or detonated, an imitation
explosive or other lethal device to, into, in or
against a place of private or public use, a
government or public facility, a public
transportation system or an infrastructure
facility is guilty of
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Armed forces
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(4) Subsections (2) and (3) do not apply to
an act or omission 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.
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