Defence Production Act (R.S.C., 1985, c. D-1)

Marginal note:Appeal to Federal Court

• 25 (1) A person affected by an order or direction made by the Minister under section 24 may, within the period of thirty days after the receipt of a copy of the order or direction, inform the Minister of the intention of that person to appeal against the order or direction to the Federal Court and shall, within that period, file a notice of the intention in the Court and, on the giving and filing of the notice, all proceedings under the order or direction shall be stayed pending disposition of the appeal by the Federal Court.

• Marginal note:Appellant may be ordered to give security

  (2) Where a person has appealed under this section against an order or direction, a judge of the Federal Court may, on application made on behalf of the Minister, order the person to give security to the satisfaction of the Court for payment of the amount payable under the order or direction, or of such part of that amount, as the judge deems advisable in the circumstances, if it appears to the judge that the person has assets to pay the amount required to be paid by the person under the order or direction in whole or in part but that the assets may be disposed of or converted, before the appeal is decided, in such way that assets may not be available to pay any amount that may be owing as a result of the appeal.

• Marginal note:Proceedings on appeal

  (3) Where a notice of appeal has been filed in accordance with subsection (1), the Federal Court shall, on the application of the Minister or the appellant, give directions relative to the disposition of the appeal and, on the hearing of the appeal, shall have jurisdiction to review any order or direction of the Minister and may confirm the Minister’s order or direction or vary the same as it deems just and the decision of the Court is final and conclusive.

26 to 29 [Repealed, 2000, c. 31, s. 2]

General

Marginal note:Non-disclosure of information

30 No information with respect to an individual business that has been obtained under or by virtue of this Act shall be disclosed without the consent of the person carrying on that business, except

• (a) to a government department, or any person authorized by a government department, requiring the information for the purpose of the discharge of the functions of that department; or

• (b) for the purposes of any prosecution for an offence under this Act or, with the consent of the Minister, for the purposes of any civil suit or other proceeding at law.

Marginal note:Powers of specific government companies

31 The Canadian Commercial Corporation or a company to which the Government Corporations Operation Act applies has capacity and power to make arrangements to act on behalf of the Minister under this Act or to enter into contracts to act as agent of Her Majesty under this Act and the making of those arrangements or the entry into those contracts and the carrying out thereof shall be deemed to be included in the objects and purposes for which the Corporation or the company was incorporated.

Marginal note:Paramount powers under this Act

32 The powers conferred by this Act may be exercised notwithstanding anything contained in the Public Works Act.

Marginal note:Orders and regulations

33 The Governor in Council may make orders and regulations to carry out the purposes and provisions of this Part.

Marginal note:Regulations to be published

• 34 (1) Every regulation, as defined in the Statutory Instruments Act, made under the authority of this Part shall be published in the Canada Gazette within 30 days after it is made.

• Marginal note:Motion to revoke or amend

  (2) Where a regulation has been published in the Canada Gazette pursuant to subsection (1), a notice of motion in either House signed by ten members thereof and made in accordance with the rules of that House within seven days of the day the regulation was published or, if that House is not then sitting, on any of the first seven days next thereafter that that House is sitting, praying that the regulation be revoked or amended, shall be debated in that House at the first convenient opportunity within the four sitting days next after the day the motion in that House was made.

PART 2Regulation of Access to Controlled Goods

Interpretation

Marginal note:Definition of “controlled goods”

35 In this Part, controlled goods means the goods referred to in the schedule.

Application

Marginal note:Excluded persons

36 This Part does not apply to a person who

• (a) occupies a position in the federal public administration, including a position in a federal Crown corporation, or is employed by Her Majesty in right of a province, who acts in good faith in the course of their duties and employment; or

• (b) is a member of a class of persons prescribed by regulation.

Offences

Marginal note:Prohibitions

• 37 (1) No person shall, unless the person is registered under section 38 or exempt from registration under section 39 or 39.1, knowingly examine or possess a controlled good or transfer a controlled good to another person.

• Marginal note:Offence re person registered or exempt

  (2) No person registered or exempt from registration shall knowingly transfer a controlled good to or permit the examination of a controlled good by a person who is not registered or exempt from registration.

• Marginal note:Definition of “transfer”

  (3) In this section, transfer means, in respect of a controlled good, to dispose of it or disclose its content in any manner.

• Marginal note:Scope of registration

  (4) The registration of a person extends to the officers, directors and employees authorized by the registered person in accordance with the regulations.

Registration

Marginal note:By Minister

• 38 (1) The Minister may, in accordance with the regulations, register any person who makes an application for registration and may, for that purpose, request any information that in the opinion of the Minister is necessary.

• Marginal note:Conditions

  (2) A registration or its renewal is subject to conditions prescribed by regulation and any conditions that in the opinion of the Minister are appropriate.

• Marginal note:Denial — security assessment

  (3) The Minister may deny an application for registration or suspend, amend or revoke a registration on the basis of a security assessment prescribed by regulation.

• Marginal note:Certificate of registration

  (4) The Minister shall furnish a registered person with a certificate of that registration in a form that the Minister may specify.

Exemption

Marginal note:By regulation

39 Individuals of a class prescribed by regulation are exempt from registration.

Marginal note:By Minister

• 39.1 (1) The Minister may, in accordance with the regulations, exempt an individual from registration and may, for that purpose, request any information that in the opinion of the Minister is necessary.

• Marginal note:Conditions

  (2) An exemption or its renewal is subject to conditions prescribed by regulation and any conditions that in the opinion of the Minister are appropriate.

• Marginal note:Denial — security assessment

  (3) The Minister may deny, suspend, amend or revoke an exemption on the basis of a security assessment prescribed by regulation.

• Marginal note:Certificate of exemption

  (4) If an exemption is granted, the Minister shall furnish, in accordance with the regulations, a certificate of exemption in a form that the Minister may specify.

Report

Marginal note:To Minister

40 Every registered person shall provide the Minister with any information prescribed by regulation, in the manner and time prescribed by regulation.

Inspection

Marginal note:Designation of inspectors

• 41 (1) The Minister may designate persons or classes of persons whom the Minister considers qualified to act as inspectors for the purposes of this Part.

• Marginal note:Certificate of designation

  (2) The Minister shall furnish every inspector with a certificate of designation as an inspector and, on entering any place or inspecting any thing, an inspector shall show the certificate to the person apparently in charge of the place or thing if the person requests proof of the inspector’s designation.

Marginal note:Inspection of facilities

• 42 (1) For the purpose of ensuring compliance with this Part and the regulations, an inspector may at any reasonable time enter and inspect any place.

• Marginal note:Powers of inspector

  (2) When conducting the inspection, the inspector may

  • (a) require the attendance of and question any person who the inspector considers will be able to assist in the inspection;

  • (b) require any person to produce for inspection or copying any document that the inspector believes contains any information relevant to the administration of this Part or the regulations;

  • (c) detain or remove any controlled good, until the inspector is satisfied that the requirements of this Part and the regulations are met; and

  • (d) require that any individual in charge of a place that is the subject of an inspection take any measures that the inspector considers appropriate.

• Marginal note:Inspector may be accompanied

  (3) While exercising any authority under this Part, an inspector may be accompanied by any other person chosen by the inspector.

Regulations

Marginal note:Governor in Council

43 The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations

• (a) respecting the classes of persons referred to in paragraph 36(b);

• (b) respecting the procedure, under subsection 37(4), for authorizing officers, directors and employees to examine, possess or transfer controlled goods and the conditions they must satisfy to be authorized;

• (c) respecting registrations under section 38 and exemptions from registration under sections 39 and 39.1, including

  • (i) the conditions of eligibility,

  • (ii) the procedure to be followed in making applications and the information to be set out in the applications,

  • (iii) the factors to be considered by the Minister when deciding whether a person may be registered or exempted,

  • (iv) the Minister’s powers to renew, suspend, amend or revoke a registration or an exemption,

  • (v) the conditions of registration or the renewal of a registration, including the keeping of records, the requirement to report under section 40, and the establishment and implementation of security plans,

  • (vi) the conditions of exemption or the renewal of an exemption, and

  • (vii) security assessments referred to in subsection 38(3) or 39.1(3); and

• (d) amending, on the joint recommendation of the Minister and the Minister of Foreign Affairs, the schedule.