Comprehensive Nuclear Test-Ban Treaty Implementation Act (S.C. 1998, c. 32)

Marginal note:Short title

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

Marginal note:Definitions

2 The definitions in this section apply in this Act.

inspector

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)

International Monitoring System

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)

Minister

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)

National Authority

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

observer

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)

Organization

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

place

place includes any means of transportation. (lieu)

representative

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

Treaty

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)

Marginal note:Purpose

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

Marginal note:Binding on Her Majesty

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

Marginal note:Order designating Minister

5 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.

Marginal note:Power of Minister

6 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.

Marginal note:Offence

• 7 (1) Every person is guilty of an indictable offence and is liable to a term of imprisonment for life who

  • (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

  • (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.

• Marginal note:Extraterritorial application

  (2) 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

  • (a) the person is a Canadian citizen; or

  • (b) the place was under the control of Canada.

• Marginal note:Jurisdiction

  (3) 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.

• Marginal note:Appearance of accused at trial

  (4) 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).

• Marginal note:Offence dealt with outside Canada

  (5) 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.

Marginal note:Duty 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

  • (a) the geographic location of the site of the explosion;

  • (b) the time and date of the explosion;

  • (c) the quantity and type of explosive;

  • (d) the configuration of the explosion;

  • (e) the purpose of the explosion; and

  • (f) any other relevant details about the explosion.

• Marginal note:Series of explosions

  (2) 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.

• Marginal note:Contraventions

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

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

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

Marginal note:National Authority

• 9 (1) The Minister may designate any person or class of persons to be the National Authority for Canada.

• Marginal note:Designation and activities of representatives

  (2) The Minister may

  • (a) designate persons or classes of persons to act as representatives of the National Authority; and

  • (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.

• Marginal note:Certificates

  (3) 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.

• Marginal note:Identification required

  (4) 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.

Marginal note:Duties and functions of National Authority

10 The National Authority

• (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

  • (i) radionuclide monitoring,

  • (ii) seismological monitoring,

  • (iii) hydroacoustic monitoring, and

  • (iv) infrasound monitoring;

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

• (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;

• (d) shall participate with States Parties to the Treaty in consultation and clarification processes;

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

• (f) shall cooperate with the Organization in confidence-building measures;

• (g) shall receive notices given under section 8;

• (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

• (i) shall cooperate with the Organization and report to it regarding Canadian compliance with the Treaty.

Marginal note:Delegation by National Authority

11 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.

Marginal note:Minister 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.

• Marginal note:Minister of Natural Resources

  (2) 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.

Marginal note:Notice 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.

• Marginal note:Application for court order

  (2) 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.

• 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 information or document if the judge concludes that, in the circumstances of the case,

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

  • (b) the public interest in the production of the document or information outweighs in importance any privacy interest of the person.

Marginal note:Inspectors 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

  • (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;

  • (b) specify the person’s privileges and immunities under this Act; and

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

• Marginal note:Certificate shown on demand

  (2) 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.

• Marginal note:Proof of certificate

  (3) 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.

Marginal note:On-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.

• Marginal note:Observers, representatives and peace officers

  (2) 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

  • (a) one to three observers;

  • (b) representatives; and

  • (c) peace officers.

• Marginal note:Informed consent

  (3) 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.