S-23514264-65Elizabeth II2015-2016 An Act to amend the Prohibiting Cluster Munitions Act (investments)Prohibiting Investments in Cluster Munitions ActAn Act to amend the Prohibiting Cluster Munitions Act (investments)201612

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Senator Ataullahjan4211620

SUMMARYThis enactment creates a new prohibition against investing in an entity that has breached a prohibition relating to cluster munitions, explosive submunitions and explosive bomblets.

Short Title

Short title1This Act may be cited as the Prohibiting Investments in Cluster Munitions Act.

2014, c. 27Prohibiting Cluster Munitions Act

2Section 4 of the Prohibiting Cluster Munitions Act is replaced by the following:

Purpose4The purpose of this Act is to implement Canada’s commitments under the Convention and to provide other measures respecting cluster munitions, explosive submunitions and explosive bomblets.Prohibiting Cluster Munitions ActClause 2:Existing text of section 4:

4The purpose of this Act is to implement Canada’s commitments under the Convention.

3Paragraphs 6(e) to (h) of the Act are replaced by the following:(d.1)acquire or have, directly or indirectly and individually or as a shareholder, partner or otherwise, any pecuniary interest in, or loan funds or guarantee a loan of funds to, a person knowing that the person has committed or has aided or abetted in the commission of any act referred to in paragraphs (a) to (d);(e)attempt to commit any act referred to in paragraphs (a) to (d.1);(f)aid, abet or counsel another person to commit any act referred to in paragraphs (a) to (d.1);(g)conspire with another person to commit any act referred to in paragraphs (a) to (d.1); or(h)receive, comfort or assist another person, knowing that the person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs (a) to (d.1), for the purpose of enabling the person to escape.Clause 3:Existing text of relevant portions of section 6:

6Subject to sections 7, 8 and 10 to 12, it is prohibited for any person to. . .(e)attempt to commit any act referred to in paragraphs (a) to (d);(f)aid, abet or counsel another person to commit any act referred to in paragraphs (a) to (d);(g)conspire with another person to commit any act referred to in paragraphs (a) to (d); or(h)receive, comfort or assist another person, knowing that the person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs (a) to (d), for the purpose of enabling the person to escape.

4Paragraphs 11(3)(a) to (c) of the Act are replaced by the following:(a)aiding, abetting or counselling another person to commit any act referred to in paragraphs 6(a) to (d.1), if it would not be an offence for that other person to commit that act;(b)conspiring with another person to commit any act referred to in paragraphs 6(a) to (d.1), if it would not be an offence for that other person to commit that act; or(c)receiving, comforting or assisting another person, knowing that that other person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs 6(a) to (d.1), for the purpose of enabling that other person to escape, if it was not an offence for that other person to commit that act.Clause 4:Existing text of subsection 11(3):(3)Section 6 does not prohibit a person, in the course of military cooperation or combined military operations involving Canada and a state that is not a party to the Convention, from(a)aiding, abetting or counselling another person to commit any act referred to in paragraphs 6(a) to (d), if it would not be an offence for that other person to commit that act;(b)conspiring with another person to commit any act referred to in paragraphs 6(a) to (d), if it would not be an offence for that other person to commit that act; or(c)receiving, comforting or assisting another person, knowing that that other person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs 6(a) to (d), for the purpose of enabling that other person to escape, if it was not an offence for that other person to commit that act.

Transitional Provision

Divestment5Paragraph 6(d.1) of the Prohibiting Cluster Munitions Act, as enacted by section 2 of this Act, does not apply to a person in respect of a pecuniary interest that they have or a loan of funds or the guarantee of such a loan that they made before the coming into force of this Act, provided that they divest themselves of the pecuniary interest, loan or guarantee within one year after the coming into force of this Act.