Bill C-55

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First Reading

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	PART 9
R.S., c. H-3	HAZARDOUS PRODUCTS ACT
	*66. The Hazardous Products Act* is amended by adding the following after section 5:**
	Interim Orders
Interim orders - regulations	5.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Interim orders - section 6	(2) The Minister may make an interim order in which any power referred to in section 6 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect	(3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 45 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not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 time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(5) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(6) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling in Parliament	(7) A copy of each interim order must be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the interim order is made.
	67. The Act is amended by adding the following after section 16:
	Interim Orders
Interim orders - regulations	16.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Interim orders - sections 17 and 18	(2) The Minister may make an interim order in which any power referred to in sections 17 and 18 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect	(3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 45 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(4) 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 time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(5) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(6) For the purpose of any provision of this Part other than this section and section 19, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling in Parliament	(7) A copy of each interim order must be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the interim order is made.
	68. The Act is amended by adding the following after section 27:
	Interim Orders
Interim orders	27.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect	(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 45 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(3) 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 time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(4) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling in Parliament	(6) A copy of each interim order must be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the interim order is made.
	PART 10
1994, c. 40	MARINE TRANSPORTATION SECURITY ACT
	*69. The Marine Transportation Security Act* is amended by adding the following after section 11:**
	AGREEMENTS, CONTRIBUTIONS AND GRANTS
Agreements, contributions and grants	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.
Deeming	(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.
Sunset provision	(3) Subsections (1) and (2) cease to apply three years after the day on which this section comes into force.
	PART 11
R.S., c. N-5	NATIONAL DEFENCE ACT
	*70. (1) The definitions ``emergency'' and ``Minister'' in subsection 2(1) of the National Defence Act* are replaced by the following:**
``emergency'' « état d'urgence »	``emergency'' means an insurrection, riot, invasion, armed conflict or war, whether real or apprehended;
``Minister'' « ministre »	``Minister'', except in Part VII , means the Minister of National Defence;
	(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``controlled access military zone'' « zone militaire d'accès contrôlé »	``controlled access military zone'' means a controlled access military zone designated under section 260.1;
	71. The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following :
Special force	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
R.S., c. 31 (1st Supp.), s. 60 (Sch. I, item 14)	72. 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:
	(b) in consequence of any action undertaken by Canada under the United Nations Charter; or
	(c) in consequence of any action undertaken by Canada under the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party.
	73. The Act is amended by adding the following after section 165.27:
	Reserve Military Judges Panel
Panel established	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
	(a) the duties of a military judge under this Act; or
	(b) before September 1, 1999, the duties of a president of a Standing Court Martial, a presiding judge of a Special General Court Martial or a judge advocate of a General Court Martial or Disciplinary Court Martial.
Removal from Panel	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.
Automatic removal from Panel	(2) The name of an officer shall be removed from the Panel on the officer's
	(a) reaching the retirement age prescribed by regulations made by the Governor in Council; or
	(b) voluntarily ceasing to be an officer of the reserve force.
Voluntary removal from Panel	(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.
Restriction on activities	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.
Chief Military Judge	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.
Effect of selection	(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.
Training	(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.
Remuneration	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.
	74. The Act is amended by adding the following after section 260: