An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety (S.C. 2004, c. 15)
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Assented to 2004-05-06
PART 18R.S., c. P-9PEST CONTROL PRODUCTS ACT
PART 192000, c. 17; 2001, c. 41. s. 48PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT
Marginal note:2001, c. 41, s. 66
100. Paragraph 54(b) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
(b) may collect information that the Centre considers relevant to money laundering activities or the financing of terrorist activities and that is publicly available, including commercially available databases, or that is stored in databases maintained by the federal or provincial governments for purposes related to law enforcement or national security and in respect of which an agreement was entered into under subsection 66(1);
101. Section 65 of the Act is renumbered as subsection 65(1) and is amended by adding the following:
Marginal note:Compliance of persons or entities
(2) For the purpose of ensuring compliance with Part 1, the Centre may disclose to or receive from any agency or body that regulates or supervises persons or entities to whom Part 1 applies information relating to the compliance of those persons or entities with that Part.
Marginal note:Limitation
(3) Any information disclosed by the Centre under subsection (2) may be used by an agency or body referred to in that subsection only for purposes relating to compliance with Part 1.
PART 20R.S., c. Q-1QUARANTINE ACT
102. The Quarantine Act is amended by adding the following after section 21:
INTERIM ORDERS
Marginal note:Interim orders — regulations
21.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Marginal note:Interim orders — subsection 21(2)
(2) The Minister may make an interim order in which any power referred to in subsection 21(2) is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Marginal note:Cessation of effect
(3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(a) 14 days after it is made, unless it is approved by the Governor in Council,
(b) the day on which it is repealed,
(c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Act that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Act that has the same effect as the interim order comes into force, and
(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Marginal note:Contravention of unpublished order
(4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Marginal note:Exemption from Statutory Instruments Act
(5) An interim order
(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
(b) shall be published in the Canada Gazette within 23 days after it is made.
Marginal note:Deeming
(6) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provisions that may be contained in a regulation made under the specified provision.
Marginal note:Tabling of order
(7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
Marginal note:House not sitting
(8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting.
PART 21R.S., c. R-1RADIATION EMITTING DEVICES ACT
103. The Radiation Emitting Devices Act is amended by adding the following after section 13:
INTERIM ORDERS
Marginal note:Interim orders
13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Marginal note:Cessation of effect
(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(a) 14 days after it is made, unless it is approved by the Governor in Council,
(b) the day on which it is repealed,
(c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and
(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Marginal note:Contravention of unpublished order
(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Marginal note:Exemption from Statutory Instruments Act
(4) An interim order
(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
(b) shall be published in the Canada Gazette within 23 days after it is made.
Marginal note:Deeming
(5) For the purpose of any provision of this Act other than this section and subsection 13(2), any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Marginal note:Tabling of order
(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
Marginal note:House not sitting
(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
PART 22CANADA SHIPPING ACTS
R.S., c. S-9Canada Shipping Act
104. The Canada Shipping Act is amended by adding the following after section 8:
Interim Orders
Marginal note:Interim orders
8.1 (1) The Minister of Transport or the Minister of Fisheries and Oceans, or both, may make an interim order that contains any of the following provisions, if the Minister or Ministers, as the case may be, believe that immediate action is required to deal with a significant risk, direct or indirect, to safety, security or the environment:
(a) in the case of the Minister of Transport and the Minister of Fisheries and Oceans, any provision that may be contained in a regulation made under section 562;
(b) in the case of the Minister of Fisheries and Oceans, any provision that may be contained in a regulation made under section 423, 519, 562.15, 562.16 or 660.9; and
(c) in the case of the Minister of Transport, any provision that may be contained in a regulation made under any other section of this Act, other than section 727.7.
Marginal note:Cessation of effect
(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(a) 14 days after it is made, unless it is approved by the Governor in Council,
(b) the day on which it is repealed,
(c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and
(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Marginal note:Contravention of unpublished order
(3) No person or ship shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or ship had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or ships likely to be affected by it.
Marginal note:Exemption from Statutory Instruments Act
(4) An interim order
(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
(b) shall be published in the Canada Gazette within 23 days after it is made.
Marginal note:Deeming
(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Marginal note:Tabling of order
(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
Marginal note:House not sitting
(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
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