Anti-Personnel Mines Convention Implementation Act

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Sections92

• 1Short title

  This Act may be cited as the Anti-Personnel Mines Convention Implementation Act.

• 2Definitions

  The definitions in this section apply in this Act.

• 2[p2]

  anti-handling device means a device intended to protect a mine and that is part of, linked to, attached to or placed under the mine and that activates when an attempt is made to tamper with or otherwise intentionally disturb the mine. (dispositif antimanipulation)

• 2[p3]

  anti-personnel mine means a mine that is designed, altered or intended to be exploded by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons. Mines that are designed, altered or intended to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, and that are equipped with anti-handling devices, are not considered to be anti-personnel mines as a result of being so equipped. (mine antipersonnel)

• 2[p4]

  Convention means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, set out in the schedule to this Act, as amended from time to time in accordance with Article 13 of the Convention. (Convention)

• 2[p5]

  dwelling-house means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes

• 2[p5](a)

  a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway; and

• 2[p5](b)

  a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence. (maison d’habitation)

• 2[p8]

  mine means a munition designed, altered or intended to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle. (mine)

• 2[p9]

  Minister, in respect of any provision of this Act, means the member or members of the Queen’s Privy Council for Canada designated under section 5 as the Minister or Ministers for the purposes of that provision. (ministre)

• 2[p10]

  place includes any conveyance. (lieu)

• 2[p11]

  transfer, in respect of anti-personnel mines, includes, in addition to the physical movement of anti-personnel mines, the transfer of title to and control over anti-personnel mines, but does not include the transfer of territory containing emplaced anti-personnel mines. (transfert)

• 3Implementation of Convention

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

• 4Binding on Her Majesty

  This Act is binding on Her Majesty in right of Canada or a province.

• 5Order designating Minister

  The Governor in Council may, by order, designate any member or members of the Queen’s Privy Council for Canada as the Minister or Ministers for the purposes of any provision of this Act.

• 6General prohibitions
• 6(1)

  No person shall

• 6(1)(a)

  place an anti-personnel mine under, on or near the ground or other surface area with the intent to cause the explosion of the anti-personnel mine by the presence, proximity or contact of a person; or

• 6(1)(b)

  develop, produce or otherwise acquire, possess or transfer to anyone, directly or indirectly, an anti-personnel mine, or stockpile anti-personnel mines.

• 6(2)Export and import

  Except as authorized under the Export and Import Permits Act, no person shall export or import an anti-personnel mine.

• 6(3)Exceptions

  Subsections (1) and (2) do not prohibit

• 6(3)(a)

  the placement, acquisition, possession or transfer of a number of anti-personnel mines, as authorized under section 10, for the development of, and training in, mine detection, mine clearance or mine destruction techniques;

• 6(3)(b)

  the acquisition, possession or transfer of anti-personnel mines for the purpose of their destruction;

• 6(3)(c)

  the acquisition, possession or transfer of an anti-personnel mine that has been deactivated as prescribed by regulation or that has been deactivated by

• 6(3)(c)(i)

  removing all explosive substances, including the priming charge, booster charge and main charge, from the anti-personnel mine, including from any fuse, percussion cap or detonator, and

• 6(3)(c)(ii)

  removing or destroying the anti-personnel mine’s priming or detonating mechanism or rendering the mechanism inoperable in such a way that its function cannot readily be restored; or

• 6(3)(d)

  participation in operations, exercises or other military activities with the armed forces of a state that is not a party to the Convention that engage in an activity prohibited under subsection (1) or (2), if that participation does not amount to active assistance in that prohibited activity.

• 7Exception for peace officers, etc.

  Notwithstanding anything in this Act, a person is not guilty of an offence under this Act by reason only that the person acquires, possesses or transfers an anti-personnel mine in the course of the person’s duties or employment for the purpose of rendering the mine harmless or for the purpose of proceedings under this Act or any other Act of Parliament, if the person is

• 7(a)

  a member of the Canadian Armed Forces;

• 7(b)

  a peace officer; or

• 7(c)

  a person engaged or employed by or on behalf of Her Majesty in right of Canada or a province.

• 8Transfer for destruction

  Every person, other than Her Majesty in right of Canada, who possesses an anti-personnel mine that the person is prohibited by section 6 from possessing shall without delay deliver it, for destruction, to such person as may, by order, be designated by the Minister.

• 9Destruction of mines

  Subject to section 10, the Minister shall ensure the destruction of all anti-personnel mines stockpiled by Her Majesty in right of Canada or that are delivered under section 8 for destruction.

• 10Authorization by Minister

  The Minister may authorize a number of anti-personnel mines to be placed, acquired, possessed or transferred by any person for the development of, and training in, mine detection, mine clearance or mine destruction techniques, but the number of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes.

• 11Notice for disclosure of information
• 11(1)

  The Minister may send a notice to any person who the Minister believes on reasonable grounds has information or documents relevant to the administration or enforcement of this Act, or information that Canada is required by Article 7 of the Convention to report to the Secretary-General of the United Nations, requesting the person to provide the information or documents to the Minister, or to such person as may be designated by the Minister, within a reasonable time specified in the notice.

• 11(2)Application for court order

  If a person objects to providing or fails to provide any requested document or information within the specified time, the Minister may apply to a judge of a superior court for an order requiring the person to provide it.

• 11(3)Notice of hearing

  The Minister shall give the person at least seven days notice of the hearing of the application.

• 11(4)Order

  On hearing the application, the judge may order the person to provide the document or information if the judge concludes that, in the circumstances of the case, the production of the document or information is necessary to ensure Canada’s compliance with the Convention and that the public interest outweighs in importance the privacy interest of the person.

• 12Fact-finding missions
• 12(1)

  If a fact-finding mission to Canada is authorized under Article 8 of the Convention, the Minister shall issue to every member of the fact-finding mission a certificate

• 12(1)(a)

  identifying the member by name and indicating the member’s status and authority to conduct a fact-finding mission in Canada;

• 12(1)(b)

  stating that the member enjoys the privileges and immunities under Article VI of the Convention on the Privileges and Immunities of the United Nations, adopted on February 13, 1946; and

• 12(1)(c)

  setting out such other information and any conditions applicable to the member’s fact-finding activities in Canada as the Minister considers advisable.

• 12(2)Identification required

  Every member of the fact-finding mission who wishes to inspect a place in Canada shall, on request of the person in charge of the place to be inspected by that member, show the certificate to that person.

• 12(3)Import and export of equipment

  The members of the fact-finding mission may import free of duty and tax any equipment to be used exclusively in carrying out their mission, and they may subsequently export the equipment free of duty and tax.

• 13Inspections
• 13(1)

  Subject to this Act, a member of the fact-finding mission may, at any reasonable time and consistent with the provisions of the Convention, enter and inspect any place that is a military or weapons installation or facility or that is any other installation or facility that has or may have the capacity to develop, produce or stockpile anti-personnel mines or anti-personnel mine components, if the member believes on reasonable grounds that any information, document or other thing that is relevant to compliance with the Convention may be found in that place.

• 13(2)Fact-finders may be accompanied

  In order to facilitate the conduct of an inspection by a member of the fact-finding mission, such persons as may be designated by the Minister may accompany the member and may direct any person who is in control of the place being inspected to

• 13(2)(a)

  provide the member with access to any area, container or thing in the place;

• 13(2)(b)

  permit the member to examine any thing in the place;

• 13(2)(c)

  permit the member to make copies of any information contained in the records, files, papers or electronic information systems kept or used in relation to the place and to remove the copies from the place;

• 13(2)(d)

  permit the member to have photographs taken of any thing in the place and to remove the photographs or the exposed photographic film from the place;

• 13(2)(e)

  permit the member to interview any person in the place; and

• 13(2)(f)

  permit the member to take samples for analysis of any thing in the place and permit the member to remove the samples for analysis outside the place.

• 13(3)False statements, obstruction

  While a member of the fact-finding mission is conducting the inspection, no person shall

• 13(3)(a)

  knowingly make any false or misleading statement to the member or the designated persons accompanying the member in relation to the place or thing being inspected; or

• 13(3)(b)

  wilfully obstruct the inspection.

• 13(4)Direction not statutory instrument

  A direction under subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.

• 14Dwelling-house

  If the place to be inspected is a dwelling-house, a member of the fact-finding mission or a designated person accompanying the member may not enter the place without the consent of the occupant.

• 15Other place
• 15(1)

  If the place to be inspected is not a dwelling-house, a member of the fact-finding mission or a designated person accompanying the member may not enter the place without the consent of the person who is in control of the place, except under the authority of a warrant issued under subsection (2).

• 15(2)Authority to issue warrant

  On ex parte application, a justice may issue a warrant authorizing members of the fact-finding mission and the designated persons accompanying them to enter a place for the purposes of the inspection, subject to such conditions as may be specified in the warrant, if the justice is satisfied by information on oath that

• 15(2)(a)

  there are reasonable grounds to believe that the members may find at that place any information, document or other thing that is relevant to compliance with the Convention;

• 15(2)(b)

  entry to the place is necessary for any purpose relating to the fact-finding mission; and

• 15(2)(c)

  entry to the place has been refused, there are reasonable grounds to believe that entry will be refused or there has been a failure to comply with a direction under section 13 in respect of the place.

• 15(3)Assistance

  A justice who issues a warrant under subsection (2) may order any person to provide assistance if the person’s assistance may reasonably be considered to be required to give effect to the warrant.

• 15(4)When warrant not required

  A warrant authorizing entry into a place is not required if the conditions for obtaining the warrant exist but, because of exigent circumstances, it would not be practicable to obtain the warrant.

• 15(5)Use of force

  The members of the fact-finding mission and the designated persons accompanying them shall not use force in executing a warrant issued under subsection (2) unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• 16Application of the Criminal Code

  Sections 13 to 15 do not exclude the application of the provisions of the Criminal Code relating to search and seizure under the authority of a warrant issued under that Act.

• 17Prohibition
• 17(1)

  Except as authorized by this section, no person in possession of information or a document obtained in confidence under this Act or the Convention shall knowingly, without the written consent of the person from whom it was obtained, communicate it or allow it to be communicated to any person or allow any person to have access to it.

• 17(2)Exceptions

  A person in possession of information or a document obtained in confidence under this Act or the Convention may communicate it or allow it to be communicated to any person, or allow any person to have access to it, if

• 17(2)(a)

  the communication or access would be in the public interest, as it relates to public health, public safety or protection of the environment, and that interest clearly outweighs in importance any material financial loss or prejudice that could be caused to the competitive position of any person and any damage that could be caused to the privacy, reputation or human dignity of any individual; or

• 17(2)(b)

  the communication or access is necessary for the purpose of the administration or enforcement of this Act or any other Act of Parliament or of giving effect to the Convention.

• 17(3)Evidence in legal proceedings

  Notwithstanding any other Act or law, no person may be required, in connection with any legal proceedings, to produce any statement or other record containing information or a document obtained in confidence under this Act or the Convention, or to give evidence relating to it, unless the proceedings relate to the enforcement of this Act or another Act of Parliament.

• 18Ministerial designation

  The Minister may designate one or more persons to exercise the powers, and perform the duties and functions, of the Minister under this Act or the Convention that are specified in the designation. That person or those persons may exercise those powers and shall perform those functions subject to such terms and conditions, if any, as are specified in the designation.

• 19Regulations
• 19(1)

  The Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention and may make regulations prescribing anything that by this Act is to be prescribed by regulation.

• 19(2)Contravention of regulation

  A regulation made under subsection (1) may make it an offence to contravene the regulation.

• 20Amendment to schedule

  The Minister shall, by order, amend the schedule to incorporate any amendment to the Convention as soon as is practicable after the amendment takes effect, and shall cause the amendment to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the order is made.

• 21Punishment
• 21(1)

  Every person who contravenes section 6 or 8 or subsection 13(3) or 17(1) is guilty of an offence and liable

• 21(1)(a)

  on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding eighteen months, or to both; and

• 21(1)(b)

  on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding five years, or to both.

• 21(2)Offence under the regulations

  Every person who contravenes a regulation made under section 19, the contravention of which has been made an offence by that regulation, is guilty of an offence punishable on summary conviction.

• 22Forfeiture
• 22(1)

  If a person is convicted of an offence under this Act, the convicting court may, in addition to any punishment imposed, order that any thing seized by means of which or in respect of which the offence was committed be forfeited. On the making of that order, the thing is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister directs.

• 22(2)Exception

  Subsection (1) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this Act.

• 23Limitation period for summary conviction offences

  Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose.

• 24Continuing offence

  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.

• *25Order in Council

  This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council. [Note: Act in force March 1, 1999, see SI/99-18.]