name: Comprehensive Nuclear Test-Ban Treaty Implementation Act
unofficial_text: # Comprehensive Nuclear Test-Ban Treaty Implementation Act
  
  SC 1998, c 32
  
  An Act to implement the Comprehensive Nuclear Test-Ban Treaty
  
  Assented to 1998-12-3
  
  Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 
  
  ## Short Title 
  
  ### Short title
  
  1 This Act may be cited as the Comprehensive Nuclear Test-Ban Treaty Implementation Act.  
  
  ## Interpretation 
  
  ### Definitions
  
  2 The definitions in this section apply in this Act.  
  *inspector* means a person nominated for designation by the States Parties as an inspector or an inspection assistant, and so accepted by Canada, for carrying out an on-site inspection under the Treaty. It includes the Director-General of the Technical Secretariat of the Organization while the Director-General participates in an inspection and any member of the staff of the Organization that is nominated for designation as an inspector or an inspection assistant by the Director-General and so accepted by Canada. (inspecteur)   
  *International Monitoring System* means the facilities and laboratories referred to in sections 10 and 12 for radionuclide monitoring, seismological monitoring, hydroacoustic monitoring, and infrasound monitoring and their respective means of communication as supported by the International Data Centre of the Technical Secretariat of the Organization that is referred to in paragraph 16 of Article IV of the Treaty and Part I of the Protocol to the Treaty. (Système de surveillance international)   
  *Minister*, in respect of any provision of this Act, means the member or members of the Queen’s Privy Council for Canada designated as the Minister or Ministers for the purposes of that provision. (ministre)   
  *National Authority* means the National Authority designated for Canada under subsection 9(1). (Autorité nationale)   
  *observer* means a person who represents a requesting State Party under the Treaty and who has been accepted by Canada to observe the conduct of an on-site inspection. (observateur)   
  *Organization* means the Comprehensive Nuclear Test-Ban Treaty Organization established by paragraph 1 of Article II of the Treaty. (Organisation)   
  *place* includes any means of transportation. (lieu)   
  *representative* means a representative of the National Authority designated under subsection 9(2). (représentant)   
  *Treaty* means the Comprehensive Nuclear Test-Ban Treaty, signed at New York on September 24, 1996, set out in the schedule, as amended from time to time under Article VII of the Treaty, together with the Protocol to the Treaty also set out in the schedule. (Traité)  
  
  ## Purpose 
  
  ### Purpose
  
  3 The purpose of this Act is to fulfil Canada’s obligations under the Treaty. 
  
  ## Her Majesty 
  
  ### Binding on Her Majesty
  
  4 This Act is binding on Her Majesty in right of Canada or a province. 
  
  ## Designation of Minister 
  
  ### Order designating Minister
  
  5 The Governor in Council may, by order, designate one or more members of the Queen’s Privy Council for Canada as the Minister or Ministers for the purpose of any provision of this Act. 
  
  ## Delegation by Minister 
  
  ### Power of Minister
  
  6 The Minister may delegate any powers, duties and functions conferred on the Minister by or under this Act to one or more persons who shall exercise those powers and perform those duties and functions, subject to any terms and conditions that the Minister specifies. 
  
  ## Nuclear Explosions 
  
  ### Offence
  
  7 (1) Every person is guilty of an indictable offence and is liable to a term of imprisonment for life who 
  (a) carries out a nuclear weapon test explosion or any other nuclear explosion for the purpose of developing qualitative improvements in nuclear weapons or developing new types of nuclear weapons; or 
  (b) causes, encourages or participates in the carrying out of any nuclear weapon test explosion or any other nuclear explosion for the purpose of developing qualitative improvements in nuclear weapons or developing new types of nuclear weapons. 
  
  ### Extraterritorial application
  
  (2) Despite any other Act of Parliament, a person who, in a place outside Canada, commits an act or omission that would, if committed in Canada, constitute an offence under subsection (1) is deemed to have committed it in Canada if 
  (a) the person is a Canadian citizen; or 
  (b) the place was under the control of Canada. 
  
  ### Jurisdiction
  
  (3) If a person is alleged to have committed an act or omission that is an offence because of this section, proceedings in relation to that offence may, whether or not the person is in Canada, be commenced in any territorial division in Canada and the person may be tried and punished in respect of that offence in the same manner as if it had been committed in that territorial division. 
  
  ### Appearance of accused at trial
  
  (4) The provisions of the Criminal Code, including their exceptions, relating to requirements that an accused appear at and be present during proceedings apply to proceedings commenced in a territorial division under subsection (3).  
  
  ### Offence dealt with outside Canada
  
  (5) If a person is alleged to have committed an act or omission that is an offence because of this section and the person has been dealt with outside Canada for the offence in a manner that, if the person had been dealt with in Canada for the offence in that manner, the person would be able to plead autrefois acquit, autrefois convict or pardon, the person is deemed to have been so dealt with in Canada.  
  
  ## Chemical Explosions 
  
  ### Duty to notify
  
  8 (1) A person who has carried out or has caused the carrying out of a chemical explosion using 300 tonnes or more of TNT-equivalent blasting material detonated as a single explosion, shall give notice of it to the National Authority, specifying 
  (a) the geographic location of the site of the explosion; 
  (b) the time and date of the explosion; 
  (c) the quantity and type of explosive; 
  (d) the configuration of the explosion; 
  (e) the purpose of the explosion; and 
  (f) any other relevant details about the explosion. 
  
  ### Series of explosions
  
  (2) Subsection (1) also applies to a person who has carried out or has caused the carrying out of a series of chemical explosions using less than 300 tonnes of TNT-equivalent blasting material in each explosion and detonated by a single command in which the total amount of TNT-equivalent blasting materials used is 300 tonnes or more. 
  
  ### Contraventions
  
  (3) A person is guilty of an offence punishable on summary conviction if the person is referred to in 
  (a) subsection (1) and has not provided the notice required by that subsection within seven days after the explosion; and 
  (b) subsection (2) and has not provided the notice referred to in subsection (1) within 120 days after the series of explosions. 
  
  ## National Authority and Monitoring Activities 
  
  ### National Authority
  
  9 (1) The Minister may designate any person or class of persons to be the National Authority for Canada. 
  
  ### Designation and activities of representatives
  
  (2) The Minister may 
  (a) designate persons or classes of persons to act as representatives of the National Authority; and 
  (b) authorize, for the purpose of this Act, activities of those representatives or their access to certain places, including their access to places controlled by the Government of Canada, subject to any conditions that the Minister considers appropriate. 
  
  ### Certificates
  
  (3) The Minister shall furnish a representative with a certificate of the representative’s designation that indicates the activities or access, including any conditions on them, that the Minister authorizes. 
  
  ### Identification required
  
  (4) A representative who enters a place shall, on the request of a person in possession or control of the place, show the certificate to the person. 
  
  ### Duties and functions of National Authority
  
  10 The National Authority 
  (a) may, subject to section 12, establish or designate facilities and laboratories and, if necessary, operate, maintain, equip and upgrade them to permit the performance of verification measures as part of the International Monitoring System by means of 
  (i) radionuclide monitoring, 
  (ii) seismological monitoring, 
  (iii) hydroacoustic monitoring, and 
  (iv) infrasound monitoring; 
  (b) shall communicate data obtained from its verification measures to the International Data Centre of the Technical Secretariat of the Organization; 
  (c) may establish or designate facilities under the name of the National Data Centre for the exchange of data with the International Data Centre of the Technical Secretariat of the Organization; 
  (d) shall participate with States Parties to the Treaty in consultation and clarification processes; 
  (e) shall facilitate and provide support for and assist in the conduct of on-site inspections by inspectors; 
  (f) shall cooperate with the Organization in confidence-building measures; 
  (g) shall receive notices given under section 8; 
  (h) shall cooperate with persons engaged in the mining or other relevant industries in order to encourage them to provide the National Authority with information about chemical explosions that might register with the International Monitoring System and to facilitate that reporting; and 
  (i) shall cooperate with the Organization and report to it regarding Canadian compliance with the Treaty. 
  
  ### Delegation by National Authority
  
  11 The National Authority may delegate any of its powers, duties and functions conferred by or under this Act to one or more persons who shall exercise those powers and perform those duties and functions, subject to any terms and conditions that the National Authority specifies. 
  
  ### Minister of Health
  
  12 (1) The Minister of Health shall establish or designate facilities and laboratories and, if necessary, operate, maintain, equip and upgrade them to perform analyses of samples from radionuclide monitoring stations. 
  
  ### Minister of Natural Resources
  
  (2) The Minister of Natural Resources shall establish or designate facilities and, if necessary, operate, maintain, equip and upgrade them to perform verification measures as part of the International Monitoring System by means of seismological, hydroacoustic and infrasound monitoring. 
  
  ## Request for Information 
  
  ### Notice for disclosure of information
  
  13 (1) The Minister may send a notice to any person that the Minister believes, on reasonable grounds, has information or documents relevant to the administration or enforcement of this Act, requesting the person to provide, within any reasonable period that the Minister specifies, that information or those documents to the Minister or any person that the Minister designates. 
  
  ### Application for court order
  
  (2) If a person objects to providing or fails to provide the Minister or person, as the case may be, with any requested information or a requested document within the specified period, the Minister may apply to a judge of a superior court of a province or the Federal Court for an order requiring the person to provide it. 
  
  ### Notice of hearing
  
  (3) The Minister shall give the person at least seven days notice of the hearing of the application. 
  
  ### Order
  
  (4) On hearing the application, the judge may order the person to provide the information or document if the judge concludes that, in the circumstances of the case, 
  (a) the production of the document or information is necessary to ensure Canada’s compliance with the Treaty; and 
  (b) the public interest in the production of the document or information outweighs in importance any privacy interest of the person. 
  
  ## On-site Inspections 
  
  ### Inspectors and observers
  
  14 (1) The Minister shall issue a certificate to every person who comes to Canada to carry out or participate in an on-site inspection as an inspector or to act as an observer, and the certificate must 
  (a) identify the person by name and indicate the person’s status and authority to carry out or participate in the inspection or act as an observer, as the case may be; 
  (b) specify the person’s privileges and immunities under this Act; and 
  (c) set out any other information and any conditions that apply to the person’s activities in Canada that the Minister considers advisable. 
  
  ### Certificate shown on demand
  
  (2) Every inspector who wishes to inspect a place in Canada and every observer who wishes to observe an on-site inspection shall, on request of the person in possession or control of the place, show the certificate to that person. 
  
  ### Proof of certificate
  
  (3) A certificate purporting to have been issued by the Minister under this Act is admissible in evidence in any legal proceeding and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it. 
  
  ### On-site inspections
  
  15 (1) At any reasonable time and consistent with the provisions of the Treaty, inspectors may, with the consent of a person in possession or control of a place to be inspected, enter and inspect any place that is subject to an on-site inspection under the Treaty. 
  
  ### Observers, representatives and peace officers
  
  (2) If a person in possession or control of the place to be inspected consents, inspectors may be accompanied, while carrying out an on-site inspection, by 
  (a) one to three observers; 
  (b) representatives; and 
  (c) peace officers. 
  
  ### Informed consent
  
  (3) The consent referred to in subsection (1) or (2) may not be given unless the person giving the consent has been informed of the purpose for which the consent is sought. 
  
  ## Warrant for Inspection and Search 
  
  ### Warrant
  
  16 (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 7 has been committed and there are reasonable grounds to believe that there is, in a place, anything that will afford evidence relevant to establishing the commission of the offence may, at any time, issue a warrant authorizing a peace officer accompanied by an inspector and a representative to enter the place to inspect and search it and seize anything that so affords evidence.  
  
  ### Application of Criminal Code 
  
  (2) The Criminal Code applies, with any modifications that the circumstances require, to a search or a seizure under this Act, except to the extent that the Criminal Code is inconsistent with this Act.  
  
  ### Powers of observers
  
  (3) The warrant may authorize one to three observers named in it to accompany the inspectors or representatives named in it and to make recommendations to them about the conduct of the on-site inspection and search under the warrant. 
  
  ### Interviews
  
  (4) An inspector or a representative named in a warrant or a peace officer may interview any person in the place if the inspector, representative or peace officer, as the case may be, has reasonable grounds to believe that the person may provide evidence relevant to establishing the commission of the offence. The interview shall take place in the presence of another person who must be a peace officer or a representative. 
  
  ### Search of persons
  
  (5) A peace officer may search any person in the place if the peace officer has reasonable grounds to believe that the person possesses anything that may be relevant to establishing the commission of the offence. 
  
  ## Privileges and Immunities Concerning On-site Inspections 
  
  ### Privileges and immunities
  
  17 To carry out their on-site inspection activities, inspectors have the privileges and immunities provided for by the Treaty, including those enjoyed by diplomatic agents under the following provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961: 
  (a) Article 29; 
  (b) paragraph 1 of Article 30; 
  (c) the inviolability provided under paragraph 2 of Article 30, including the right to use codes for communications with the Technical Secretariat of the Organization; 
  (d) paragraphs 1, 2 and 3 of Article 31; and 
  (e) Article 34. 
  
  ### Samples and approved equipment
  
  18 (1) Samples and approved equipment, within the meaning of the Treaty, that are carried by inspectors are inviolable in Canada, subject to the provisions of the Treaty. 
  
  ### Transportation of samples
  
  (2) Despite subsection (1), 
  (a) samples that are dangerous goods within the meaning of the Transportation of Dangerous Goods Act shall be transported in accordance with the provisions of that Act; and  
  (b) samples that are prescribed substances within the meaning of the Atomic Energy Control Act shall be transported in accordance with the provisions of that Act.  
  
  ### Inspectors in transit
  
  19 (1) Inspectors who are in transit through Canada on their way to or from the territory of another State Party to the Treaty have the privileges and immunities enjoyed by diplomatic agents under paragraph 1 of Article 40 of the Vienna Convention on Diplomatic Relations, as well as those granted under paragraph 17(b) and subsection 18(1), even if the inspectors have not been accepted by Canada as inspectors. 
  
  ### Canadian inspectors
  
  (2) Despite subsection (1), inspectors who are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act only have the privileges and immunities granted in accordance with paragraph 17(b) and subsection 18(1).  
  
  ### Observers
  
  20 Observers have the same privileges and immunities as inspectors, except those granted under subsection 18(1). 
  
  ### Waiver of immunity of inspectors
  
  21 (1) If the Director-General of the Technical Secretariat of the Organization waives the immunity of an inspector under paragraph 30 of Part II of the Protocol to the Treaty, the inspector no longer has any privileges or immunities under this Act. 
  
  ### Waiver of immunity of observers
  
  (2) If a requesting State Party on whose behalf an observer observes an on-site inspection waives the immunity of the observer, the observer no longer has any privileges or immunities under this Act. 
  
  ### Express waiver
  
  (3) Subsection (1) or (2) applies, as the case may be, only if the waiver is express. 
  
  ## Disclosure of Information 
  
  ### Prohibition
  
  22 (1) No person in possession of information or a document that has been provided under this Act or the Treaty and is subject to a claim that it is confidential shall knowingly, without the written consent of the person who provided it, communicate it or allow any person to have access to it. 
  
  ### Exceptions
  
  (2) Despite subsection (1), a person in possession of information or a document that has been provided under this Act or the Treaty and is subject to a claim that it is confidential may communicate it or allow any person to have access to it if 
  (a) the public interest in the communication or access in relation to public health, public safety or the protection of the environment outweighs in importance any financial loss or prejudice to the competitive position of any person and any harm to the privacy interests, reputation or human dignity of any individual likely to be caused by that communication or access; or 
  (b) the communication or access is necessary for the purpose of the administration or enforcement of this Act or any other Act of Parliament or of giving effect to the Treaty. 
  
  ### Compelled production
  
  (3) Despite any other Act or law, a person may not be compelled to produce or give evidence about any information or a document that has been provided under this Act and is subject to a claim that it is confidential, unless the proceeding in which it is sought to be compelled relates to the enforcement of this Act or another Act of Parliament. 
  
  ## Regulations 
  
  ### Regulations
  
  23 (1) The Governor in Council may make regulations 
  (a) respecting the procedures to be followed by representatives of the National Authority in performing their functions under this Act; 
  (b) respecting notices of chemical explosions under section 8; and 
  (c) for carrying out and giving effect to the provisions of the Treaty. 
  
  ### Offence for contravention of regulations
  
  (2) Regulations made under subsection (1) may make it an offence to contravene the regulations. 
  
  ## Amendments to the Treaty 
  
  ### Amendment to schedule
  
  24 The Minister shall, by order, amend the schedule to incorporate any amendment to the Treaty as soon as it is feasible after the amendment takes effect. 
  
  ## Enforcement 
  
  ### Offences
  
  25 (1) Every person who contravenes subsection 22(1) is guilty of an offence and liable 
  (a) on summary conviction, to a fine of not more than $5,000 or to imprisonment for a term of not more than eighteen months, or to both; and 
  (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both. 
  
  ### Contravention — regulations
  
  (2) A person who fails to comply with a regulation made under section 23 is guilty of an offence punishable on summary conviction if the contravention has been made an offence by the regulation. 
  
  ### Forfeiture
  
  26 If a person is convicted of an offence against or under this Act, the convicting court may, in addition to any punishment imposed, order that anything used to commit or assist in the commission of the offence be seized and forfeited to Her Majesty in right of Canada. The Minister may direct how to dispose of anything that is subject to an order. 
  
  ### Limitation period for summary conviction offences
  
  27 Proceedings by way of summary conviction may not be instituted more than two years after the day on which the subject-matter of the proceedings arose. 
  
  ## Annual Report 
  
  ### Annual report
  
  27.1 (1) The person designated as the National Authority shall prepare and transmit to the Minister of Foreign Affairs an annual report with respect to the implementation of this Act. 
  
  ### Tabling of report
  
  (2) The Minister of Foreign Affairs shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report. 
  
  ## Conditional Amendment 
  28 [Amendment] 
  
  ## Coming into Force 
  
  ### Coming into force
  
   * 29  This Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council. 
  * [Note: Act not in force.] 
  
  