Bill C-42
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Possession,
etc.
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21. (1) Except as authorized by or under this
Act, every person who, personally or by an
agent, acquires , is in possession of, sells,
offers for sale, stores, uses, makes,
manufactures, transports , imports, exports or
delivers any explosive, acquires, is in
possession of, sells or offers for sale any
restricted component, imports, exports, or
transports in transit through Canada any
inexplosive ammunition component, or
acquires, is in possession of, sells, offers for
sale, transports or delivers any illicitly
trafficked inexplosive ammunition
component is guilty of an offence and is liable
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No offence
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(2) No person shall be convicted under
subsection (1) of having an explosive, a
restricted component or an inexplosive
ammunition component in their possession if
the person establishes that they
manufactured, imported or acquired it in
accordance with the requirements of this Act
and the regulations.
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Continuing
offence
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21.1 If an offence under this Act is
committed or continued on more than one day,
the person who committed the offence is liable
to be convicted for a separate offence for each
day on which the offence is committed or
continued.
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1993, c. 32,
s. 12
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42. Subsection 22(1) of the Act is replaced
by the following:
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General
punishment
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22. (1) Every person who contravenes any
provision of this Act or the regulations, for
which no punishment has been provided, is
guilty of an offence punishable on summary
conviction and is liable
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1993, c. 32,
s. 12
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43. Subsection 23(1) of the Act is replaced
by the following:
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Disclosure of
confidential
information
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23. (1) Subject to subsection (2) and the
regulations , any person who, without the
express authority of the Minister, knowingly
discloses any confidential information
obtained under this Act is guilty of an offence
and is liable
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44. Section 24 of the Act is replaced by the
following:
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Limitation
period
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24. (1) Any proceedings under this Act may
be instituted at any time within, but not later
than , twelve months after the day on which the
Minister becomes aware of the subject-matter
of the proceedings.
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Certificate
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(2) A document purporting to have been
issued by the Minister, certifying the day on
which the Minister became aware of the
subject-matter of any proceedings, is
admissible in evidence without proof of the
signature or the official character of the person
appearing to have signed the document and, in
the absence of any evidence to the contrary, is
proof of the matter asserted in it.
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1993, c. 32,
s. 14
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45. Section 26 of the Act is replaced by the
following:
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Forfeiture to
Crown
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26. (1) When a person is convicted of an
offence for acquiring , having in their
possession, selling, offering for sale, storing,
using, making, manufacturing, transporting ,
importing, exporting or delivering any
explosive, restricted component or
inexplosive ammunition component , the
court or judge, in addition to any other penalty
that may be imposed, shall, in the case of an
illicitly manufactured or illicitly trafficked
explosive, an explosive that is not an
authorized explosive or an illicitly trafficked
inexplosive ammunition component , and
may, in the case of an authorized explosive or
a restricted component , declare that the
explosive, restricted component or
inexplosive ammunition component by
means of which or in relation to which the
offence was committed be forfeited to the
Crown.
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Disposal of
explosive or
component
forfeited
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(2) If an explosive, a restricted component
or an inexplosive ammunition component is
forfeited under section 14.6 or subsection (1)
and the time within which an appeal may be
taken has expired or any appeal has been
disposed of, it may be seized and disposed of
as the Minister directs, and the costs of its
disposal may be charged to the owner or the
person having the lawful possession of it at the
time of its seizure.
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46. Section 27 of the French version of the
Act is replaced by the following:
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Explosifs
abandonnés
ou détériorés
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27. Les explosifs qui, de l'avis du ministre,
sont abandonnés, détériorés ou constituent un
danger pour les personnes ou les biens,
peuvent être saisis; il peut en être disposé,
notamment par destruction, conformément à
ce qu'ordonne le ministre quant aux
modalités, au moment et au lieu, ainsi qu'aux
personnes chargées de le faire.
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1995, c. 39,
s. 170
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47. Sections 28 and 29 of the Act are
replaced by the following:
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Certain
powers of
Minister may
be delegated
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28. The powers conferred on the Minister
by subsections 6(2) and (3) and sections 7, 9,
11, 12 and 27 may be exercised by any person
designated by the Minister.
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Obligation to
comply with
other laws
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29. Nothing in this Act relieves any person
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PART 6 |
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R.S., c. E-19
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EXPORT AND IMPORT PERMITS ACT |
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48. The long title of the Export and Import
Permits Act is replaced by the following:
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An Act respecting the export and transfer of
goods and technology and the import of
goods
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49. (1) The definition ``Export Control
List'' in subsection 2(1) of the Act is
replaced by the following:
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``Export
Control List'' « liste des marchandises d'exportation contrôlée »
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``Export Control List'' means a list of goods
and technology established under section 3;
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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``technology'' « technologie »
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``technology'' includes technical data,
technical assistance and information
necessary for the development, production
or use of an article included in an Export
Control List;
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``transfer'' « transfert »
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``transfer'' means, in relation to technology, to
dispose of it or disclose its content in any
manner from a place in Canada to a place
outside Canada;
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50. The portion of section 3 of the Act
before paragraph (a) is replaced by the
following:
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Export control
list of goods
and
technology
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3. The Governor in Council may establish
a list of goods and technology , to be called an
Export Control List, including therein any
article the export or transfer of which the
Governor in Council deems it necessary to
control for any of the following purposes:
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51. Section 4 of the Act is replaced by the
following:
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Area control
list of
countries
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4. The Governor in Council may establish
a list of countries, to be called an Area Control
List, including therein any country to which
the Governor in Council deems it necessary to
control the export or transfer of any goods or
technology .
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1991, c. 28,
s. 3; 1994,
c. 47, s. 107
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52. Subsections 7(1) and (1.1) of the Act
are replaced by the following:
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Export
permits
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7. (1) Subject to subsection (2), the Minister
may issue to any resident of Canada applying
therefor a permit to export or transfer goods or
technology included in an Export Control List
or to export or transfer goods or technology to
a country included in an Area Control List, in
such quantity and of such quality, by such
persons, to such places or persons and subject
to such other terms and conditions as are
described in the permit or in the regulations.
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Security
considerations
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(1.01) In deciding whether to issue a permit
under subsection (1), the Minister may, in
addition to any other matter that the Minister
may consider, have regard to whether the
goods or technology specified in an
application for a permit may be used for a
purpose prejudicial to
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General
permits
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(1.1) Notwithstanding subsection (1), the
Minister may, by order, issue generally to all
residents of Canada a general permit to export
or transfer to any country specified in the
permit any goods or technology included in
an Export Control List that are specified in the
permit, subject to such terms and conditions as
are described in the permit.
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53. Section 11 of the Act is replaced by the
following:
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Other lawful
obligations
not affected
by permit, etc.
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11. A permit, certificate or other
authorization issued or granted under this Act
does not affect the obligation of any person to
obtain any licence, permit or certificate to
export or import that may be required under
this or any other law or to pay any tax, duty,
toll, impost or other sum required by any law
to be paid in respect of the exportation or
transfer of goods or technology or the
importation of goods.
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54. Paragraphs 12(d) and (e) of the Act
are replaced by the following:
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55. Section 13 of the Act is replaced by the
following:
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Export or
attempt to
export
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13. No person shall export or transfer , or
attempt to export or transfer , any goods or
technology included in an Export Control List
or any goods or technology to any country
included in an Area Control List except under
the authority of and in accordance with an
export permit issued under this Act.
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1991, c. 28,
s. 4
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56. Subsection 15(1) of the Act is replaced
by the following:
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Diversion, etc.
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15. (1) Subject to subsection (2), and except
with the authority in writing of the Minister,
no person shall knowingly do anything in
Canada that causes or assists or is intended to
cause or assist any shipment, transhipment,
diversion or transfer of any goods or
technology included in an Export Control List
to be made, from Canada or any other place,
to any country included in an Area Control
List.
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57. Section 16 of the Act is replaced by the
following:
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No transfer or
unauthorized
use of permits
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16. No person who is authorized under a
permit issued under this Act to export or
transfer goods or technology or to import
goods shall transfer the permit to, or allow it
to be used by, a person who is not so
authorized.
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1994, c. 47,
s. 114
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58. Section 17 of the Act is replaced by the
following:
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False or
misleading
information,
and
misrepresentat
ion
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17. No person shall wilfully furnish any
false or misleading information or knowingly
make any misrepresentation in any
application for a permit, import allocation,
certificate or other authorization under this
Act, and no person shall do so for the purpose
of procuring its issue or grant or in connection
with any subsequent use of the permit, import
allocation, certificate or other authorization or
with the exportation, importation, transfer or
disposition of goods or technology to which it
relates.
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1991, c. 28,
s. 5(2); 1995,
c. 22, s. 18
(Sch. IV, item
26)
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59. Subsection 19(3) of the Act is replaced
by the following:
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Factors to be
considered
when
imposing
sentence
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(3) If an offender is convicted or discharged
under section 730 of the Criminal Code in
respect of an offence under this Act or the
regulations, the court imposing a sentence on
or discharging the offender shall, in addition
to considering any other relevant factors,
consider the nature and value of the exported
or transferred goods or technology , or the
imported goods, that are the subject-matter of
the offence.
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60. Subsection 23(1) of the Act is replaced
by the following:
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Evidence
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23. (1) The original or a copy of a bill of
lading, customs form, commercial invoice or
other document, in this section called a
``shipping document'', is admissible in
evidence in any prosecution under this Act in
respect of goods or technology if it appears
from the shipping document that
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R.S., c. 1 (2nd
Supp.),
s. 213(2)(Sch.
II, item 6)(F),
s. 213(4)(Sch.
IV, item 3)(E)
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61. Sections 24 and 25 of the Act are
replaced by the following:
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Customs
officers'
duties
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24. All officers, as defined in the Customs
Act, before permitting the export or transfer of
any goods or technology or the import of any
goods, shall satisfy themselves that the
exporter, importer or transferor , as the case
may be, has not contravened any of the
provisions of this Act or the regulations and
that all requirements of this Act and the
regulations with reference to the goods or
technology have been complied with.
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Application of
powers under
the Customs
Act
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25. All officers, as defined in the Customs
Act, have, with respect to any goods or
technology to which this Act applies, all the
powers they have under the Customs Act with
respect to the importation and exportation of
goods, and all the provisions of that Act and
the regulations under it respecting search,
detention, seizure, forfeiture and
condemnation apply, with such modifications
as the circumstances require, to any goods or
technology that is tendered for export,
transfer or import or is exported, transferred
or imported or otherwise dealt with contrary to
this Act and the regulations and to all
documents relating to the goods or
technology .
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