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
38. (1) The portion of section 6 of the Act before paragraph (a) is replaced by the following:
Marginal note:Manufacture, use, etc.
6. (1) Except as authorized under this Act and subject to any exemptions that may be provided under subsection (2) or by regulation, no person shall
(2) Paragraph 6(1)(a) of the English version of the Act is replaced by the following:
(a) make or manufacture any explosive, either wholly or in part, except in a licensed factory;
(3) Paragraph 6(1)(d) of the Act is replaced by the following:
(d) have in their possession any explosive or any restricted component; or
(4) Subparagraph 6(1)(e)(i) of the English version of the Act is replaced by the following:
(i) dividing an explosive into its components, or otherwise breaking up or unmaking any explosive,
(5) Section 6 of the Act is amended by adding the following after subsection (1):
Marginal note:Possession authorized
(1.1) For the purposes of paragraph (1)(d), a person is authorized to have in their possession an explosive or a restricted component if
(a) the person is issued, by or under a provincial law, a permit or licence to have the explosive or restricted component in their possession; and
(b) the Governor in Council, by order, has declared that the province ensures that the security standards that must be met before such permits or licences are issued are the same as, or substantially similar to, those established by regulations made under paragraphs 5(a.9) and (i.1).
Marginal note:Exemption
(2) Subject to any regulation made under paragraph 5(a.3), (a.31) or (a.9), the Minister may exempt a person or body or class of persons or bodies from the prohibition in paragraph (1)(d).
Marginal note:Certificate of exemption
(3) The Minister shall issue, in accordance with the regulations and for the prescribed fee, a certificate of exemption to a person or body exempted under subsection (2).
Marginal note:Statutory Instruments Act does not apply
(4) The Statutory Instruments Act does not apply in respect of a certificate issued under subsection (3).
39. The Act is amended by adding the following after section 6.1:
Marginal note:Illicit trafficking, etc.
6.2 No person shall knowingly
(a) engage in illicit trafficking; or
(b) acquire, possess, sell, offer for sale, transport or deliver any illicitly trafficked explosive.
Marginal note:1993, c. 32, s. 5; 2001, c. 4, s. 80(E)
40. Section 9 of the Act is replaced by the following:
Marginal note:Permits
9. (1) The Minister may issue permits for the importation or exportation, or the transportation in transit through Canada, of explosives.
Marginal note:No import, export or transport without permit
(2) Except as provided by the regulations, no person shall, without a permit issued under this section, import or export, or transport in transit through Canada, any explosive.
Marginal note:Evidence of financial responsibility
(3) The Minister may require any person who engages or proposes to engage in the importation or exportation, or the transportation in transit through Canada, of any explosive and who does not reside in Canada or have a chief place of business or head office in Canada to provide evidence of financial responsibility in the form of insurance, or in the form of an indemnity bond or a suretyship, satisfactory to the Minister, or in any other form satisfactory to the Minister.
Marginal note:1993, c. 32, s. 8
41. The portion of subsection 14(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Inspection
14. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (5), at any reasonable time, enter and inspect any factory, magazine, vehicle or other place in which the inspector believes on reasonable grounds any explosive is being manufactured, tested, stored, sold or transported, any restricted component is being stored or sold, or any fireworks are being or are intended to be used, and the inspector may
Marginal note:1993, c. 32, s. 8
42. Sections 14.1 and 14.2 of the Act are replaced by the following:
Marginal note:Seizure
14.1 (1) If, in carrying out an inspection at any place under this section, an inspector believes on reasonable grounds that an offence under this Act has been committed, the inspector may seize and detain any explosive or any restricted component
(a) by means of which or in relation to which the inspector believes on reasonable grounds the offence was committed; or
(b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of the offence.
Marginal note:Storage
(2) The seized explosive or restricted component shall, at the discretion of the inspector, be detained and stored at the place where it was seized or be moved to any other place for storage.
Marginal note:Storage
(3) The explosive or restricted component may be moved to and stored at any other place, on the application of the owner or the person having the possession of it at the time of its seizure.
Marginal note:Prohibition
(4) Except as authorized by an inspector, no person shall examine, remove, alter or interfere in any way with an explosive or a restricted component that is seized and detained under this Act.
Marginal note:Safety measures
14.2 If an inspector believes on reasonable grounds that any activities relating to the manufacture, testing, storage, transportation or sale of explosives or restricted components or the use of fireworks are being carried out in contravention of this Act or the regulations, the inspector may direct the taking of, or take, any measures necessary to remedy the contravention.
Marginal note:1993, c. 32, s. 8
43. Section 14.4 of the English version of the Act is replaced by the following:
Marginal note:Detention
14.4 (1) An explosive or a restricted component that is seized and detained under section 14.1 shall not be detained after the expiry of ninety days after the day of the seizure unless, before that expiry, it is forfeited under section 14.6 or 26 or proceedings are instituted in relation to it.
Marginal note:Continued detention
(2) If proceedings are instituted in relation to a seized explosive or restricted component, the explosive or restricted component may be detained until the proceedings are finally concluded or an order is made under subsection 14.5(2).
Marginal note:1993, c. 32, s. 8
44. Sections 14.5 and 14.6 of the Act are replaced by the following:
Marginal note:Application for return
14.5 (1) If proceedings are instituted in respect of a seized explosive or restricted component, the owner or the person having the possession of it at the time of its seizure may apply to the court before which the proceedings are being held for an order that it be returned.
Marginal note:Order
(2) On application under subsection (1), the court may order that the explosive or restricted component be returned to the applicant, subject to any conditions that the court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, if the court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining it.
Marginal note:Consent to forfeiture
14.6 If the owner of an explosive or a restricted component that is seized and detained under this Act consents in writing to its forfeiture, it is forfeited to Her Majesty in right of Canada.
Marginal note:1993, c. 32, ss. 10, 11
45. Sections 20 and 21 of the Act are replaced by the following:
Marginal note:Acts likely to cause explosion or fire
20. Every person who abandons any explosive or who commits any act that is likely to cause an explosion or fire in or about any factory or magazine or any vehicle in which an explosive is being conveyed is guilty of an offence and is liable
(a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or
(b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.
Marginal note:Possession, etc.
21. (1) Except as authorized by or under this Act, every person who, personally or by an agent, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable
(a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or
(b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.
Marginal note:No offence
(2) No person shall be convicted under subsection (1) of having an explosive or a restricted component in their possession if the person establishes that they manufactured, imported or acquired it in accordance with the requirements of this Act and the regulations.
Marginal note:Continuing offence
21.1 If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
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