Bill C-7
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Sharing of Information |
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Regulations
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150.1 (1) The regulations may provide for
any matter relating to
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Conditions
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(2) Regulations made under subsection (1)
may include conditions under which the
collection, retention, disposal and disclosure
may be made.
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PART 12 |
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1994, c. 40
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MARINE TRANSPORTATION SECURITY ACT |
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73. The Marine Transportation Security
Act is amended by adding the following
after section 11:
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AGREEMENTS, CONTRIBUTIONS AND GRANTS |
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Agreements,
contributions
and grants
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11.1 (1) The Minister may, with the
approval of the Governor in Council given on
the recommendation of the Treasury Board
and on any terms and conditions specified by
the Governor in Council on the
recommendation of the Treasury Board, enter
into agreements respecting security of marine
transportation or make contributions or grants
in respect of the cost or expense of actions that
in the opinion of the Minister enhance security
on vessels or at marine facilities.
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Deeming
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(2) Subsection (1) is deemed, for the
purposes of paragraph 25(b) of the Canada
Marine Act, to be a provision of an Act of
general application providing for grants.
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Sunset
provision
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(3) Subsections (1) and (2) cease to apply
three years after the day on which this section
comes into force.
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PART 13 |
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R.S., c. N-5
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NATIONAL DEFENCE ACT |
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74. The definitions ``emergency'' and
``Minister'' in subsection 2(1) of the
National Defence Act are replaced by the
following:
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``emergency'' « état d'urgence »
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``emergency'' means an insurrection, riot,
invasion, armed conflict or war, whether
real or apprehended;
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``Minister'' « ministre »
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``Minister'', except in Part VII, means the
Minister of National Defence;
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75. The portion of subsection 16(1) of the
Act before paragraph (a) is replaced by the
following:
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Special force
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16. (1) In an emergency, or if considered
desirable in consequence of any action
undertaken by Canada under the United
Nations Charter or the North Atlantic Treaty,
the North American Aerospace Defence
Command Agreement or any other similar
instrument to which Canada is a party, the
Governor in Council may establish and
authorize the maintenance of a component of
the Canadian Forces, called the special force,
consisting of
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R.S., c. 31 (1st
Supp.), s. 60
(Sch. I, item
14)
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76. Subsection 31(1) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (a) and by replacing
paragraph (b) with the following:
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77. The Act is amended by adding the
following after section 165.27:
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Reserve Military Judges Panel
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Panel
established
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165.28 There is established a panel, called
the Reserve Military Judges Panel (in this
section and sections 165.29 to 165.32 referred
to as the ``Panel''), to which the Governor in
Council may name officers of the reserve
force who have previously performed
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Removal from
Panel
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165.29 (1) The Governor in Council may
remove from the Panel for cause the name of
any officer on the recommendation of an
Inquiry Committee referred to in section
165.21.
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Automatic
removal from
Panel
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(2) The name of an officer shall be removed
from the Panel on the officer's
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Voluntary
removal from
Panel
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(3) An officer may give notice in writing to
the Chief Military Judge that the officer
wishes their name to be removed from the
Panel. The removal takes effect either on the
day the notice is received by the Chief
Military Judge or on a later day if one is
specified in the notice.
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Restriction on
activities
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165.3 An officer named to the Panel shall
not engage in any business or professional
activity that is incompatible with the duties
that he or she may be required to perform
under this Act.
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Chief Military
Judge
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165.31 (1) The Chief Military Judge may
select any officer named to the Panel to
perform any duties referred to in section
165.23 that may be specified by the Chief
Military Judge.
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Effect of
selection
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(2) An officer who is performing duties
pursuant to subsection (1) has, while
performing those duties, all the powers and
duties of a military judge.
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Training
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(3) The Chief Military Judge may request
any officer named to the Panel to undergo any
training that may be specified by the Chief
Military Judge.
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Remuneration
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165.32 An officer named to the Panel who
is performing duties or undergoing training
under section 165.31 shall be paid
remuneration at the daily rate of 1/251 of the
annual rate of pay of a military judge other
than the Chief Military Judge.
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78. The Act is amended by adding the
following after section 273.7:
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PART V.2 |
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AUTHORIZATIONS |
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Computer Systems and Networks |
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Ministerial
authorization
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273.8 (1) The Minister may authorize in
writing, either individually or by class, any
public servant employed in the Department, or
any person acting on behalf of the Department
or the Canadian Forces who is performing
duties relating to the operation, maintenance
or protection of computer systems or networks
of the Department or the Canadian Forces, to
intercept private communications in relation
to an activity or class of activities specified in
the authorization, if such communications
originate from, are directed to or transit
through any such computer system or
network, in the course of and for the sole
purpose of identifying, isolating or preventing
any harmful unauthorized use of, any
interference with or any damage to those
systems or networks, or any damage to the
data that they contain.
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Authorization
to Chief of
Defence Staff
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(2) The Minister may authorize in writing
the Chief of the Defence Staff to direct, either
individually or by class, any officer or
non-commissioned member to intercept
private communications in relation to an
activity or class of activities specified in the
authorization, if such communications
originate from, are directed to or transit
through any computer system or network of
the Department or the Canadian Forces, in the
course of and for the sole purpose of
identifying, isolating or preventing any
harmful unauthorized use of, any interference
with or any damage to those systems or
networks, or any damage to the data that they
contain.
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Conditions for
authorization
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(3) The Minister may issue an authorization
under subsection (1) or (2) only if satisfied that
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Conditions in
authorization
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(4) An authorization issued under this
section may contain any conditions that the
Minister considers advisable to protect the
privacy of Canadians, including additional
measures to restrict the use and retention of,
the access to, and the form and manner of
disclosure of, information contained in the
private communications.
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Effective
period of
authorization
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(5) An authorization issued under this
section is valid for the period specified in it,
and may be renewed for any period specified
in the renewal. No authorization or renewal
may be for a period longer than one year.
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Variance or
cancellation
of
authorization
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(6) An authorization issued under this
section may be varied or cancelled in writing
at any time.
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Authorization
s not statutory
instruments
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(7) Authorizations issued under this section
are not statutory instruments within the
meaning of the Statutory Instruments Act.
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Protection of
persons
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(8) Notwithstanding any other law, every
person or class of persons that is authorized to
give effect to an authorization issued under
this section, or any person who assists such a
person, is justified in taking any reasonable
action necessary to give effect to the
authorization.
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Crown
Liability and
Proceedings
Act
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(9) No action lies under section 18 of the
Crown Liability and Proceedings Act in
respect of
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Exclusion of
Part VI of
Criminal
Code
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(10) Part VI of the Criminal Code does not
apply in relation to an interception of a
communication under the authority of an
authorization issued under this section or in
relation to a communication so intercepted.
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Duties of
Commissioner
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273.9 (1) The Commissioner of the
Communications Security Establishment
appointed under subsection 273.63(1) has, in
relation to the activities referred to in section
273.8, the following duties:
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Certain
provisions
apply
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(2) For the purposes of subsection (1),
subsections 273.63(3) to (6) apply to the
Commissioner.
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79. Section 278 of the Act is replaced by
the following:
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Call out of
Canadian
Forces
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278. On receiving a requisition in writing
made by an attorney general under section
277, the Chief of the Defence Staff, or such
officer as the Chief of the Defence Staff may
designate, shall, subject to such directions as
the Minister considers appropriate in the
circumstances and in consultation with that
attorney general and the attorney general of
any other province that may be affected, call
out such part of the Canadian Forces as the
Chief of the Defence Staff or that officer
considers necessary for the purpose of
suppressing or preventing any actual riot or
disturbance or any riot or disturbance that is
considered as likely to occur.
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1998, c. 35,
s. 89
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80. The headings before section 286 of the
Act are replaced by the following:
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PART VII |
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REINSTATEMENT IN CIVIL EMPLOYMENT |
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Interpretation |
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Definitions
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285.01 In this Part, ``employer'' and
``Minister'' have the meaning prescribed in
regulations made by the Governor in Council.
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