Anti-Personnel Mines Convention Implementation Act (S.C. 1997, c. 33)

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

2 The definitions in this section apply in this Act.

anti-handling device

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)

anti-personnel mine

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)

Convention

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)

dwelling-house

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

• (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

• (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)

mine

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)

Minister

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)

place

place includes any conveyance. (lieu)

transfer

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)

Purpose of Act

Marginal note:Implementation of Convention

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

Her Majesty

Marginal note:Binding on Her Majesty

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

Designation of Minister

Marginal note:Order designating Minister

5 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.

Prohibitions

Marginal note:General prohibitions

• 6 (1) No person shall

  • (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

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

• Marginal note:Export and import

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

• Marginal note:Exceptions

  (3) Subsections (1) and (2) do not prohibit

  • (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;

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

  • (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

    • (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

    • (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

  • (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.

Marginal note:Exception for peace officers, etc.

7 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

• (a) a member of the Canadian Armed Forces;

• (b) a peace officer; or

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

Destruction of Anti-personnel Mines

Marginal note:Transfer for destruction

8 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.

Marginal note:Destruction of mines

9 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.

Marginal note:Authorization by Minister

10 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.

Request for Information

Marginal note:Notice 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.

• Marginal note:Application for court order

  (2) 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.

• Marginal note:Notice of hearing

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

• Marginal note:Order

  (4) 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.

Inspections

Marginal note:Fact-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

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

  • (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

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

• Marginal note:Identification required

  (2) 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.

• Marginal note:Import and export of equipment

  (3) 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.

Marginal note:Inspections

• 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.

• Marginal note:Fact-finders may be accompanied

  (2) 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

  • (a) provide the member with access to any area, container or thing in the place;

  • (b) permit the member to examine any thing in the place;

  • (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;

  • (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;

  • (e) permit the member to interview any person in the place; and

  • (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.

• Marginal note:False statements, obstruction

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

  • (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

  • (b) wilfully obstruct the inspection.

• Marginal note:Direction not statutory instrument

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

Marginal note:Dwelling-house

14 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.

Marginal note:Other 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).

• Marginal note:Authority to issue warrant

  (2) 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

  • (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;

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

  • (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.

• Marginal note:Assistance

  (3) 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.

• Marginal note:When warrant not required

  (4) 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.

• Marginal note:Use of force

  (5) 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.

Marginal note:Application of the Criminal Code

16 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.

Disclosure of Information

Marginal note:Prohibition

• 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.

• Marginal note:Exceptions

  (2) 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

  • (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

  • (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.

• Marginal note:Evidence in legal proceedings

  (3) 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.