PURPOSE OF ACT
Marginal note:Implementation of Convention
3. The purpose of this Act is to implement Canada’s obligations under the Convention.
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.
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.
(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.
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