PARLIAMENT of CANADA

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RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``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''.

SUMMARY

This enactment amends certain Acts of Canada, and enacts the Biological and Toxin Weapons Convention Implementation Act, in order to enhance public safety.

Part 1 amends the Aeronautics Act to enhance the scope and objectives of the existing aviation security regime.

The amendments permit the Minister and delegated officers to make emergency directions of no more than 72 hours duration in order to provide an immediate response to situations involving aviation security, and they permit the Minister to delegate to his or her deputy, for the same purpose, the power to make security measures. They clarify and expand the regulation-making power relating to screening. They require air carriers or operators of aviation reservation systems to provide information concerning specified flights or persons. They also require them to provide information for transportation security purposes and national security purposes. They create a new offence concerning passengers who are unruly or who jeopardize the safety or security of an aircraft in flight. They provide a legislative basis for security clearances. They also authorize the making of regulations that require the establishment of security management systems by the Canadian Air Transport Security Authority and by air carriers and operators of aerodromes and other aviation facilities.

Part 2 amends the definitions of ``screening'' and ``screening point'' in the Canadian Air Transport Security Authority Act to include emergency directions made under the Aeronautics Act. It also permits the Authority to enter into agreements with operators of designated aerodromes respecting the sharing of policing costs.

Part 3 amends the Canadian Environmental Protection Act, 1999 to authorize the Minister to make an interim order under Part 8 of that Act if the appropriate Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health.

Part 4 adds a new offence to the Criminal Code for communicating information or committing any act that is likely to lead others to falsely believe that terrorist activity is occurring, with the intention of causing persons to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property.

Part 5 amends the Department of Citizenship and Immigration Act to permit the Minister to enter into agreements or arrangements to share information with a province or group of provinces, foreign governments or international organizations.

Part 6 amends the Department of Health Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk.

Part 7 amends the Explosives Act to implement the Organization of American States Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials as it relates to explosives and ammunition. It prohibits the illicit manufacturing of explosives, and illicit trafficking in explosives. It allows for increased control over the importation, exportation, transportation through Canada, acquisition, possession and sale of explosives and certain components of explosives, and provides increased penalties for certain offences.

Part 8 amends the Export and Import Permits Act by providing for control over the export and transfer of technology, as defined, in addition to control over the export of goods as provided for in the Export and Import Permits Act at present. It also authorizes the Minister of Foreign Affairs to address security concerns when considering applications for permits to export or transfer goods or technology.

Part 9 amends the Food and Drugs Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health, safety or the environment and immediate action is required to deal with the risk.

Part 10 amends the Hazardous Products Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk.

Part 11 amends the Immigration and Refugee Protection Act to allow for the making of regulations relating to the collection, retention, disposal and disclosure of information for the purposes of that Act. The amendments also allow for the making of regulations providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs.

Part 12 amends the Marine Transportation Security Act to permit the Minister to enter into agreements respecting security of marine transportation and to make contributions or grants in respect of actions that enhance security on vessels or at marine facilities.

Part 13 amends the National Defence Act to allow for the identification and prevention of the harmful unauthorized use of, or interference with, computer systems and networks of the Department of National Defence or the Canadian Forces, and to ensure the protection of those systems and networks. The amendments also clarify the provisions dealing with active service and the definition of ``emergency''. In cases of aid to the civil power, the amendments allow the Minister to provide direction to the Chief of the Defence Staff on how to respond to provincial requisitions. The amendments provide for a member of the reserve force who is called out on service during an emergency to be reinstated with their former employer at the conclusion of the period of call out. The amendments also establish the Reserve Military Judges Panel, thus making it possible to increase, according to the needs of the military justice system, the number of officers who can be selected to hear military cases.

Part 14 amends the National Energy Board Act by extending the powers and duties of the National Energy Board to include matters relating to the security of pipelines and international power lines. It authorizes the Board, with the approval of the Governor in Council, to make regulations respecting the security of pipelines and international power lines. It provides the Board with authority to waive the requirement to publish notice of certain applications in the Canada Gazette if there is a critical shortage of electricity. It authorizes the Board to take measures in its proceedings and orders to ensure the confidentiality of information that could pose a risk to security, in particular the security of pipelines and international power lines.

Part 15 amends the Navigable Waters Protection Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to safety or security and immediate action is required to deal with the risk.

Part 16 amends the Office of the Superintendent of Financial Institutions Act by authorizing the Superintendent of Financial Institutions to disclose to the Financial Transactions and Reports Analysis Centre of Canada information related to compliance by financial institutions with Part 1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Part 17 amends the Personal Information Protection and Electronic Documents Act to permit the collection and use of personal information for reasons of national security, the defence of Canada or the conduct of international affairs, or when the disclosure of the information is required by law.

Part 18 amends the Pest Control Products Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health, safety or the environment and immediate action is required to deal with the risk.

Part 19 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act by extending the types of government databases from which the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) may collect information considered relevant to money laundering or terrorist financing to include national security databases. The amendments also authorize FINTRAC to exchange information related to compliance with Part 1 of that Act with regulators and supervisors of persons and entities subject to that Act, in order to facilitate FINTRAC's compliance responsibilities under that Act.

Part 20 amends the Quarantine Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk.

Part 21 amends the Radiation Emitting Devices Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk.

Part 22 amends the Canada Shipping Act and the Canada Shipping Act, 2001 to authorize the appropriate Minister or Ministers to make an interim order if the Minister or Ministers believe that there is a significant risk to safety, security or the environment and immediate action is required to deal with the risk.

Part 23 enacts the Biological and Toxin Weapons Convention Implementation Act.

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