Comprehensive Nuclear Test-Ban Treaty Implementation Act

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Sections135

• 1Short title

  This Act may be cited as the Comprehensive Nuclear Test-Ban Treaty Implementation Act.

• 2Definitions

  The definitions in this section apply in this Act.

• 2[p2]

  inspector means a person nominated for designation by the States Parties as an inspector or an inspection assistant, and so accepted by Canada, for carrying out an on-site inspection under the Treaty. It includes the Director-General of the Technical Secretariat of the Organization while the Director-General participates in an inspection and any member of the staff of the Organization that is nominated for designation as an inspector or an inspection assistant by the Director-General and so accepted by Canada. (inspecteur)

• 2[p3]

  International Monitoring System means the facilities and laboratories referred to in sections 10 and 12 for radionuclide monitoring, seismological monitoring, hydroacoustic monitoring, and infrasound monitoring and their respective means of communication as supported by the International Data Centre of the Technical Secretariat of the Organization that is referred to in paragraph 16 of Article IV of the Treaty and Part I of the Protocol to the Treaty. (Système de surveillance international)

• 2[p4]

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

• 2[p5]

  National Authority means the National Authority designated for Canada under subsection 9(1). (Autorité nationale)

• 2[p6]

  observer means a person who represents a requesting State Party under the Treaty and who has been accepted by Canada to observe the conduct of an on-site inspection. (observateur)

• 2[p7]

  Organization means the Comprehensive Nuclear Test-Ban Treaty Organization established by paragraph 1 of Article II of the Treaty. (Organisation)

• 2[p8]

  place includes any means of transportation. (lieu)

• 2[p9]

  representative means a representative of the National Authority designated under subsection 9(2). (représentant)

• 2[p10]

  Treaty means the Comprehensive Nuclear Test-Ban Treaty, signed at New York on September 24, 1996, set out in the schedule, as amended from time to time under Article VII of the Treaty, together with the Protocol to the Treaty also set out in the schedule. (Traité)

• 3Purpose

  The purpose of this Act is to fulfil Canada’s obligations under the Treaty.

• 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 one or more members of the Queen’s Privy Council for Canada as the Minister or Ministers for the purpose of any provision of this Act.

• 6Power of Minister

  The Minister may delegate any powers, duties and functions conferred on the Minister by or under this Act to one or more persons who shall exercise those powers and perform those duties and functions, subject to any terms and conditions that the Minister specifies.

• 7Offence
• 7(1)

  Every person is guilty of an indictable offence and is liable to a term of imprisonment for life who

• 7(1)(a)

  carries out a nuclear weapon test explosion or any other nuclear explosion for the purpose of developing qualitative improvements in nuclear weapons or developing new types of nuclear weapons; or

• 7(1)(b)

  causes, encourages or participates in the carrying out of any nuclear weapon test explosion or any other nuclear explosion for the purpose of developing qualitative improvements in nuclear weapons or developing new types of nuclear weapons.

• 7(2)Extraterritorial application

  Despite any other Act of Parliament, a person who, in a place outside Canada, commits an act or omission that would, if committed in Canada, constitute an offence under subsection (1) is deemed to have committed it in Canada if

• 7(2)(a)

  the person is a Canadian citizen; or

• 7(2)(b)

  the place was under the control of Canada.

• 7(3)Jurisdiction

  If a person is alleged to have committed an act or omission that is an offence because of this section, proceedings in relation to that offence may, whether or not the person is in Canada, be commenced in any territorial division in Canada and the person may be tried and punished in respect of that offence in the same manner as if it had been committed in that territorial division.

• 7(4)Appearance of accused at trial

  The provisions of the Criminal Code, including their exceptions, relating to requirements that an accused appear at and be present during proceedings apply to proceedings commenced in a territorial division under subsection (3).

• 7(5)Offence dealt with outside Canada

  If a person is alleged to have committed an act or omission that is an offence because of this section and the person has been dealt with outside Canada for the offence in a manner that, if the person had been dealt with in Canada for the offence in that manner, the person would be able to plead autrefois acquit, autrefois convict or pardon, the person is deemed to have been so dealt with in Canada.

• 8Duty to notify
• 8(1)

  A person who has carried out or has caused the carrying out of a chemical explosion using 300 tonnes or more of TNT-equivalent blasting material detonated as a single explosion, shall give notice of it to the National Authority, specifying

• 8(1)(a)

  the geographic location of the site of the explosion;

• 8(1)(b)

  the time and date of the explosion;

• 8(1)(c)

  the quantity and type of explosive;

• 8(1)(d)

  the configuration of the explosion;

• 8(1)(e)

  the purpose of the explosion; and

• 8(1)(f)

  any other relevant details about the explosion.

• 8(2)Series of explosions

  Subsection (1) also applies to a person who has carried out or has caused the carrying out of a series of chemical explosions using less than 300 tonnes of TNT-equivalent blasting material in each explosion and detonated by a single command in which the total amount of TNT-equivalent blasting materials used is 300 tonnes or more.

• 8(3)Contraventions

  A person is guilty of an offence punishable on summary conviction if the person is referred to in

• 8(3)(a)

  subsection (1) and has not provided the notice required by that subsection within seven days after the explosion; and

• 8(3)(b)

  subsection (2) and has not provided the notice referred to in subsection (1) within 120 days after the series of explosions.

• 9National Authority
• 9(1)

  The Minister may designate any person or class of persons to be the National Authority for Canada.

• 9(2)Designation and activities of representatives

  The Minister may

• 9(2)(a)

  designate persons or classes of persons to act as representatives of the National Authority; and

• 9(2)(b)

  authorize, for the purpose of this Act, activities of those representatives or their access to certain places, including their access to places controlled by the Government of Canada, subject to any conditions that the Minister considers appropriate.

• 9(3)Certificates

  The Minister shall furnish a representative with a certificate of the representative’s designation that indicates the activities or access, including any conditions on them, that the Minister authorizes.

• 9(4)Identification required

  A representative who enters a place shall, on the request of a person in possession or control of the place, show the certificate to the person.

• 10Duties and functions of National Authority

  The National Authority

• 10(a)

  may, subject to section 12, establish or designate facilities and laboratories and, if necessary, operate, maintain, equip and upgrade them to permit the performance of verification measures as part of the International Monitoring System by means of

• 10(a)(i)

  radionuclide monitoring,

• 10(a)(ii)

  seismological monitoring,

• 10(a)(iii)

  hydroacoustic monitoring, and

• 10(a)(iv)

  infrasound monitoring;

• 10(b)

  shall communicate data obtained from its verification measures to the International Data Centre of the Technical Secretariat of the Organization;

• 10(c)

  may establish or designate facilities under the name of the National Data Centre for the exchange of data with the International Data Centre of the Technical Secretariat of the Organization;

• 10(d)

  shall participate with States Parties to the Treaty in consultation and clarification processes;

• 10(e)

  shall facilitate and provide support for and assist in the conduct of on-site inspections by inspectors;

• 10(f)

  shall cooperate with the Organization in confidence-building measures;

• 10(g)

  shall receive notices given under section 8;

• 10(h)

  shall cooperate with persons engaged in the mining or other relevant industries in order to encourage them to provide the National Authority with information about chemical explosions that might register with the International Monitoring System and to facilitate that reporting; and

• 10(i)

  shall cooperate with the Organization and report to it regarding Canadian compliance with the Treaty.

• 11Delegation by National Authority

  The National Authority may delegate any of its powers, duties and functions conferred by or under this Act to one or more persons who shall exercise those powers and perform those duties and functions, subject to any terms and conditions that the National Authority specifies.

• 12Minister of Health
• 12(1)

  The Minister of Health shall establish or designate facilities and laboratories and, if necessary, operate, maintain, equip and upgrade them to perform analyses of samples from radionuclide monitoring stations.

• 12(2)Minister of Natural Resources

  The Minister of Natural Resources shall establish or designate facilities and, if necessary, operate, maintain, equip and upgrade them to perform verification measures as part of the International Monitoring System by means of seismological, hydroacoustic and infrasound monitoring.

• 13Notice for disclosure of information
• 13(1)

  The Minister may send a notice to any person that the Minister believes, on reasonable grounds, has information or documents relevant to the administration or enforcement of this Act, requesting the person to provide, within any reasonable period that the Minister specifies, that information or those documents to the Minister or any person that the Minister designates.

• 13(2)Application for court order

  If a person objects to providing or fails to provide the Minister or person, as the case may be, with any requested information or a requested document within the specified period, the Minister may apply to a judge of a superior court of a province or the Federal Court for an order requiring the person to provide it.

• 13(3)Notice of hearing

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

• 13(4)Order

  On hearing the application, the judge may order the person to provide the information or document if the judge concludes that, in the circumstances of the case,

• 13(4)(a)

  the production of the document or information is necessary to ensure Canada’s compliance with the Treaty; and

• 13(4)(b)

  the public interest in the production of the document or information outweighs in importance any privacy interest of the person.

• 14Inspectors and observers
• 14(1)

  The Minister shall issue a certificate to every person who comes to Canada to carry out or participate in an on-site inspection as an inspector or to act as an observer, and the certificate must

• 14(1)(a)

  identify the person by name and indicate the person’s status and authority to carry out or participate in the inspection or act as an observer, as the case may be;

• 14(1)(b)

  specify the person’s privileges and immunities under this Act; and

• 14(1)(c)

  set out any other information and any conditions that apply to the person’s activities in Canada that the Minister considers advisable.

• 14(2)Certificate shown on demand

  Every inspector who wishes to inspect a place in Canada and every observer who wishes to observe an on-site inspection shall, on request of the person in possession or control of the place, show the certificate to that person.

• 14(3)Proof of certificate

  A certificate purporting to have been issued by the Minister under this Act is admissible in evidence in any legal proceeding and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it.

• 15On-site inspections
• 15(1)

  At any reasonable time and consistent with the provisions of the Treaty, inspectors may, with the consent of a person in possession or control of a place to be inspected, enter and inspect any place that is subject to an on-site inspection under the Treaty.

• 15(2)Observers, representatives and peace officers

  If a person in possession or control of the place to be inspected consents, inspectors may be accompanied, while carrying out an on-site inspection, by

• 15(2)(a)

  one to three observers;

• 15(2)(b)

  representatives; and

• 15(2)(c)

  peace officers.

• 15(3)Informed consent

  The consent referred to in subsection (1) or (2) may not be given unless the person giving the consent has been informed of the purpose for which the consent is sought.

• 16Warrant
• 16(1)

  A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 7 has been committed and there are reasonable grounds to believe that there is, in a place, anything that will afford evidence relevant to establishing the commission of the offence may, at any time, issue a warrant authorizing a peace officer accompanied by an inspector and a representative to enter the place to inspect and search it and seize anything that so affords evidence.

• 16(2)Application of Criminal Code

  The Criminal Code applies, with any modifications that the circumstances require, to a search or a seizure under this Act, except to the extent that the Criminal Code is inconsistent with this Act.

• 16(3)Powers of observers

  The warrant may authorize one to three observers named in it to accompany the inspectors or representatives named in it and to make recommendations to them about the conduct of the on-site inspection and search under the warrant.

• 16(4)Interviews

  An inspector or a representative named in a warrant or a peace officer may interview any person in the place if the inspector, representative or peace officer, as the case may be, has reasonable grounds to believe that the person may provide evidence relevant to establishing the commission of the offence. The interview shall take place in the presence of another person who must be a peace officer or a representative.

• 16(5)Search of persons

  A peace officer may search any person in the place if the peace officer has reasonable grounds to believe that the person possesses anything that may be relevant to establishing the commission of the offence.

• 17Privileges and immunities

  To carry out their on-site inspection activities, inspectors have the privileges and immunities provided for by the Treaty, including those enjoyed by diplomatic agents under the following provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961:

• 17(a)

  Article 29;

• 17(b)

  paragraph 1 of Article 30;

• 17(c)

  the inviolability provided under paragraph 2 of Article 30, including the right to use codes for communications with the Technical Secretariat of the Organization;

• 17(d)

  paragraphs 1, 2 and 3 of Article 31; and

• 17(e)

  Article 34.

• 18Samples and approved equipment
• 18(1)

  Samples and approved equipment, within the meaning of the Treaty, that are carried by inspectors are inviolable in Canada, subject to the provisions of the Treaty.

• 18(2)Transportation of samples

  Despite subsection (1),

• 18(2)(a)

  samples that are dangerous goods within the meaning of the Transportation of Dangerous Goods Act shall be transported in accordance with the provisions of that Act; and

• 18(2)(b)

  samples that are prescribed substances within the meaning of the Atomic Energy Control Act shall be transported in accordance with the provisions of that Act.

• 19Inspectors in transit
• 19(1)

  Inspectors who are in transit through Canada on their way to or from the territory of another State Party to the Treaty have the privileges and immunities enjoyed by diplomatic agents under paragraph 1 of Article 40 of the Vienna Convention on Diplomatic Relations, as well as those granted under paragraph 17(b) and subsection 18(1), even if the inspectors have not been accepted by Canada as inspectors.

• 19(2)Canadian inspectors

  Despite subsection (1), inspectors who are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act only have the privileges and immunities granted in accordance with paragraph 17(b) and subsection 18(1).

• 20Observers

  Observers have the same privileges and immunities as inspectors, except those granted under subsection 18(1).

• 21Waiver of immunity of inspectors
• 21(1)

  If the Director-General of the Technical Secretariat of the Organization waives the immunity of an inspector under paragraph 30 of Part II of the Protocol to the Treaty, the inspector no longer has any privileges or immunities under this Act.

• 21(2)Waiver of immunity of observers

  If a requesting State Party on whose behalf an observer observes an on-site inspection waives the immunity of the observer, the observer no longer has any privileges or immunities under this Act.

• 21(3)Express waiver

  Subsection (1) or (2) applies, as the case may be, only if the waiver is express.

• 22Prohibition
• 22(1)

  No person in possession of information or a document that has been provided under this Act or the Treaty and is subject to a claim that it is confidential shall knowingly, without the written consent of the person who provided it, communicate it or allow any person to have access to it.

• 22(2)Exceptions

  Despite subsection (1), a person in possession of information or a document that has been provided under this Act or the Treaty and is subject to a claim that it is confidential may communicate it or allow any person to have access to it if

• 22(2)(a)

  the public interest in the communication or access in relation to public health, public safety or the protection of the environment outweighs in importance any financial loss or prejudice to the competitive position of any person and any harm to the privacy interests, reputation or human dignity of any individual likely to be caused by that communication or access; or

• 22(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 Treaty.

• 22(3)Compelled production

  Despite any other Act or law, a person may not be compelled to produce or give evidence about any information or a document that has been provided under this Act and is subject to a claim that it is confidential, unless the proceeding in which it is sought to be compelled relates to the enforcement of this Act or another Act of Parliament.

• 23Regulations
• 23(1)

  The Governor in Council may make regulations

• 23(1)(a)

  respecting the procedures to be followed by representatives of the National Authority in performing their functions under this Act;

• 23(1)(b)

  respecting notices of chemical explosions under section 8; and

• 23(1)(c)

  for carrying out and giving effect to the provisions of the Treaty.

• 23(2)Offence for contravention of regulations

  Regulations made under subsection (1) may make it an offence to contravene the regulations.

• 24Amendment to schedule

  The Minister shall, by order, amend the schedule to incorporate any amendment to the Treaty as soon as it is feasible after the amendment takes effect.

• 25Offences
• 25(1)

  Every person who contravenes subsection 22(1) is guilty of an offence and liable

• 25(1)(a)

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

• 25(1)(b)

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

• 25(2)Contravention — regulations

  A person who fails to comply with a regulation made under section 23 is guilty of an offence punishable on summary conviction if the contravention has been made an offence by the regulation.

• 26Forfeiture

  If a person is convicted of an offence against or under this Act, the convicting court may, in addition to any punishment imposed, order that anything used to commit or assist in the commission of the offence be seized and forfeited to Her Majesty in right of Canada. The Minister may direct how to dispose of anything that is subject to an order.

• 27Limitation period for summary conviction offences

  Proceedings by way of summary conviction may not be instituted more than two years after the day on which the subject-matter of the proceedings arose.

• 27.1Annual report
• 27.1(1)

  The person designated as the National Authority shall prepare and transmit to the Minister of Foreign Affairs an annual report with respect to the implementation of this Act.

• 27.1(2)Tabling of report

  The Minister of Foreign Affairs shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.

• 28

  [Amendment]

• *29Coming into force

  This Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council. [Note: Act not in force.]

• 28 #1331997, c. 9

  On the later of the day on which the Nuclear Safety and Control Act, chapter 9 of the Statutes of Canada, 1997, comes into force and the day on which paragraph 18(2)(b) of this Act comes into force, paragraph 18(2)(b) of this Act is replaced by the following:

• (b)

  samples that are nuclear substances within the meaning of the Nuclear Safety and Control Act shall be transported in accordance with the provisions of that Act.