GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 26
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.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 27
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.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 27.1
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.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 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.]
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
The States Parties to this Treaty (hereinafter referred to as “the States Parties”),
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
WELCOMING the international agreements and other positive measures of recent years in the field of nuclear disarmament, including reductions in arsenals of nuclear weapons, as well as in the field of the prevention of nuclear proliferation in all its aspects,
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
UNDERLINING the importance of the full and prompt implementation of such agreements and measures,
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
CONVINCED that the present international situation provides an opportunity to take further effective measures towards nuclear disarmament and against the proliferation of nuclear weapons in all its aspects, and declaring their intention to take such measures,
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
STRESSING therefore the need for continued systematic and progressive efforts to reduce nuclear weapons globally, with the ultimate goal of eliminating those weapons, and of general and complete disarmament under strict and effective international control,
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
RECOGNIZING that the cessation of all nuclear weapon test explosions and all other nuclear explosions, by constraining the development and qualitative improvement of nuclear weapons and ending the development of advanced new types of nuclear weapons, constitutes an effective measure of nuclear disarmament and non-proliferation in all its aspects,
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
FURTHER RECOGNIZING that an end to all such nuclear explosions will thus constitute a meaningful step in the realization of a systematic process to achieve nuclear disarmament,
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
CONVINCED that the most effective way to achieve an end to nuclear testing is through the conclusion of a universal and internationally and effectively verifiable comprehensive nuclear test-ban treaty, which has long been one of the highest priority objectives of the international community in the field of disarmament and non-proliferation,
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
NOTING the aspirations expressed by the Parties to the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time,
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
NOTING ALSO the views expressed that this Treaty could contribute to the protection of the environment,
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
AFFIRMING the purpose of attracting the adherence of all States to this Treaty and its objective to contribute effectively to the prevention of the proliferation of nuclear weapons in all its aspects, to the process of nuclear disarmament and therefore to the enhancement of international peace and security,
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 1
1 Each State Party undertakes not to carry out any nuclear weapon test explosion or any other nuclear explosion, and to prohibit and prevent any such nuclear explosion at any place under its jurisdiction or control.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 2
2 Each State Party undertakes, furthermore, to refrain from causing, encouraging, or in any way participating in the carrying out of any nuclear weapon test explosion or any other nuclear explosion.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 1
1 The States Parties hereby establish the Comprehensive Nuclear Test-Ban Treaty Organization (hereinafter referred to as “the Organization”) to achieve the object and purpose of this Treaty, to ensure the implementation of its provisions, including those for international verification of compliance with it, and to provide a forum for consultation and cooperation among States Parties.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 2
2 All States Parties shall be members of the Organization. A State Party shall not be deprived of its membership in the Organization.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 3
3 The seat of the Organization shall be Vienna, Republic of Austria.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 4
4 There are hereby established as organs of the Organization: the Conference of the States Parties, the Executive Council and the Technical Secretariat, which shall include the International Data Centre.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 5
5 Each State Party shall cooperate with the Organization in the exercise of its functions in accordance with this Treaty. States Parties shall consult, directly among themselves, or through the Organization or other appropriate international procedures, including procedures within the framework of the United Nations and in accordance with its Charter, on any matter which may be raised relating to the object and purpose, or the implementation of the provisions, of this Treaty.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 6
6 The Organization shall conduct its verification activities provided for under this Treaty in the least intrusive manner possible consistent with the timely and efficient accomplishment of their objectives. It shall request only the information and data necessary to fulfil its responsibilities under this Treaty. It shall take every precaution to protect the confidentiality of information on civil and military activities and facilities coming to its knowledge in the implementation of this Treaty and, in particular, shall abide by the confidentiality provisions set forth in this Treaty.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 7
7 Each State Party shall treat as confidential and afford special handling to information and data that it receives in confidence from the Organization in connection with the implementation of this Treaty. It shall treat such information and data exclusively in connection with its rights and obligations under this Treaty.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 8
8 The Organization, as an independent body, shall seek to utilize existing expertise and facilities, as appropriate, and to maximize cost efficiencies, through cooperative arrangements with other international organizations such as the International Atomic Energy Agency. Such arrangements, excluding those of a minor and normal commercial and contractual nature, shall be set out in agreements to be submitted to the Conference of the States Parties for approval.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 9
9 The costs of the activities of the Organization shall be met annually by the States Parties in accordance with the United Nations scale of assessments adjusted to take into account differences in membership between the United Nations and the Organization.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 10
10 Financial contributions of States Parties to the Preparatory Commission shall be deducted in an appropriate way from their contributions to the regular budget.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 11
11 A member of the Organization which is in arrears in the payment of its assessed contribution to the Organization shall have no vote in the Organization if the amount of its arrears equals or exceeds the amount of the contribution due from it for the preceding two full years. The Conference of the States Parties may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 12
12 The Conference of the States Parties (hereinafter referred to as “the Conference”) shall be composed of all States Parties. Each State Party shall have one representative in the Conference, who may be accompanied by alternates and advisers.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 13
13 The initial session of the Conference shall be convened by the Depositary no later than 30 days after the entry into force of this Treaty.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 14
14 The Conference shall meet in regular sessions, which shall be held annually, unless it decides otherwise.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 15
15 A special session of the Conference shall be convened: (a) When decided by the Conference; (b) When requested by the Executive Council; or (c) When requested by any State Party and supported by a majority of the States Parties. The special session shall be convened no later than 30 days after the decision of the Conference, the request of the Executive Council, or the attainment of the necessary support, unless specified otherwise in the decision or request.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (b)
(b) When requested by the Executive Council; or
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (c)
(c) When requested by any State Party and supported by a majority of the States Parties.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
The special session shall be convened no later than 30 days after the decision of the Conference, the request of the Executive Council, or the attainment of the necessary support, unless specified otherwise in the decision or request.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 16
16 The Conference may also be convened in the form of an Amendment Conference, in accordance with Article VII.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 17
17 The Conference may also be convened in the form of a Review Conference, in accordance with Article VIII.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 18
18 Sessions shall take place at the seat of the Organization unless the Conference decides otherwise.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 19
19 The Conference shall adopt its rules of procedure. At the beginning of each session, it shall elect its President and such other officers as may be required. They shall hold office until a new President and other officers are elected at the next session.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 20
20 A majority of the States Parties shall constitute a quorum.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 21
21 Each State Party shall have one vote.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 22
22 The Conference shall take decisions on matters of procedure by a majority of members present and voting. Decisions on matters of substance shall be taken as far as possible by consensus. If consensus is not attainable when an issue comes up for decision, the President of the Conference shall defer any vote for 24 hours and during this period of deferment shall make every effort to facilitate achievement of consensus, and shall report to the Conference before the end of this period. If consensus is not possible at the end of 24 hours, the Conference shall take a decision by a two-thirds majority of members present and voting unless specified otherwise in this Treaty. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the majority required for decisions on matters of substance.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 23
23 When exercising its function under paragraph 26(k), the Conference shall take a decision to add any State to the list of States contained in Annex 1 to this Treaty in accordance with the procedure for decisions on matters of substance set out in paragraph 22. Notwithstanding paragraph 22, the Conference shall take decisions on any other change to Annex 1 to this Treaty by consensus.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 24
24 The Conference shall be the principal organ of the Organization. It shall consider any questions, matters or issues within the scope of this Treaty, including those relating to the powers and functions of the Executive Council and the Technical Secretariat, in accordance with this Treaty. It may make recommendations and take decisions on any questions, matters or issues within the scope of this Treaty raised by a State Party or brought to its attention by the Executive Council.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 25
25 The Conference shall oversee the implementation of, and review compliance with, this Treaty and act in order to promote its object and purpose. It shall also oversee the activities of the Executive Council and the Technical Secretariat and may issue guidelines to either of them for the exercise of their functions.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 26
26 The Conference shall: (a) Consider and adopt the report of the Organization on the implementation of this Treaty and the annual programme and budget of the Organization, submitted by the Executive Council, as well as consider other reports; (b) Decide on the scale of financial contributions to be paid by States Parties in accordance with paragraph 9; (c) Elect the members of the Executive Council; (d) Appoint the Director-General of the Technical Secretariat (hereinafter referred to as “the Director-General”); (e) Consider and approve the rules of procedure of the Executive Council submitted by the latter; (f) Consider and review scientific and technological developments that could affect the operation of this Treaty. In this context, the Conference may direct the Director-General to establish a Scientific Advisory Board to enable him or her, in the performance of his or her functions, to render specialized advice in areas of science and technology relevant to this Treaty to the Conference, to the Executive Council, or to States Parties. In that case, the Scientific Advisory Board shall be composed of independent experts serving in their individual capacity and appointed, in accordance with terms of reference adopted by the Conference, on the basis of their expertise and experience in the particular scientific fields relevant to the implementation of this Treaty; (g) Take the necessary measures to ensure compliance with this Treaty and to redress and remedy any situation that contravenes the provisions of this Treaty, in accordance with Article V; (h) Consider and approve at its initial session any draft agreements, arrangements, provisions, procedures, operational manuals, guidelines and any other documents developed and recommended by the Preparatory Commission; (i) Consider and approve agreements or arrangements negotiated by the Technical Secretariat with States Parties, other States and international organizations to be concluded by the Executive Council on behalf of the Organization in accordance with paragraph 38(h); (j) Establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Treaty; and (k) Update Annex 1 to this Treaty, as appropriate, in accordance with paragraph 23.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (a)
(a) Consider and adopt the report of the Organization on the implementation of this Treaty and the annual programme and budget of the Organization, submitted by the Executive Council, as well as consider other reports;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (b)
(b) Decide on the scale of financial contributions to be paid by States Parties in accordance with paragraph 9;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (c)
(c) Elect the members of the Executive Council;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (d)
(d) Appoint the Director-General of the Technical Secretariat (hereinafter referred to as “the Director-General”);
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (e)
(e) Consider and approve the rules of procedure of the Executive Council submitted by the latter;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (f)
(f) Consider and review scientific and technological developments that could affect the operation of this Treaty. In this context, the Conference may direct the Director-General to establish a Scientific Advisory Board to enable him or her, in the performance of his or her functions, to render specialized advice in areas of science and technology relevant to this Treaty to the Conference, to the Executive Council, or to States Parties. In that case, the Scientific Advisory Board shall be composed of independent experts serving in their individual capacity and appointed, in accordance with terms of reference adopted by the Conference, on the basis of their expertise and experience in the particular scientific fields relevant to the implementation of this Treaty;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (g)
(g) Take the necessary measures to ensure compliance with this Treaty and to redress and remedy any situation that contravenes the provisions of this Treaty, in accordance with Article V;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (h)
(h) Consider and approve at its initial session any draft agreements, arrangements, provisions, procedures, operational manuals, guidelines and any other documents developed and recommended by the Preparatory Commission;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (i)
(i) Consider and approve agreements or arrangements negotiated by the Technical Secretariat with States Parties, other States and international organizations to be concluded by the Executive Council on behalf of the Organization in accordance with paragraph 38(h);
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (j)
(j) Establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Treaty; and
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (k)
(k) Update Annex 1 to this Treaty, as appropriate, in accordance with paragraph 23.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 27
27 The Executive Council shall consist of 51 members. Each State Party shall have the right, in accordance with the provisions of this Article, to serve on the Executive Council.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 28
28 Taking into account the need for equitable geographical distribution, the Executive Council shall comprise: (a) Ten States Parties from Africa; (b) Seven States Parties from Eastern Europe; (c) Nine States Parties from Latin America and the Caribbean; (d) Seven States Parties from the Middle East and South Asia; (e) Ten States Parties from North America and Western Europe; and (f) Eight States Parties from South-East Asia, the Pacific and the Far East. All States in each of the above geographical regions are listed in Annex 1 to this Treaty. Annex 1 to this Treaty shall be updated, as appropriate, by the Conference in accordance with paragraphs 23 and 26(k). It shall not be subject to amendments or changes under the procedures contained in Article VII.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (b)
(b) Seven States Parties from Eastern Europe;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (c)
(c) Nine States Parties from Latin America and the Caribbean;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (d)
(d) Seven States Parties from the Middle East and South Asia;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (e)
(e) Ten States Parties from North America and Western Europe; and
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (f)
(f) Eight States Parties from South-East Asia, the Pacific and the Far East.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
All States in each of the above geographical regions are listed in Annex 1 to this Treaty. Annex 1 to this Treaty shall be updated, as appropriate, by the Conference in accordance with paragraphs 23 and 26(k). It shall not be subject to amendments or changes under the procedures contained in Article VII.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 29
29 The members of the Executive Council shall be elected by the Conference. In this connection, each geographical region shall designate States Parties from that region for election as members of the Executive Council as follows: (a) At least one-third of the seats allocated to each geographical region shall be filled, taking into account political and security interests, by States Parties in that region designated on the basis of the nuclear capabilities relevant to the Treaty as determined by international data as well as all or any of the following indicative criteria in the order of priority determined by each region: (i) Number of monitoring facilities of the International Monitoring System; (ii) Expertise and experience in monitoring technology; and (iii) Contribution to the annual budget of the Organization; (b) One of the seats allocated to each geographical region shall be filled on a rotational basis by the State Party that is first in the English alphabetical order among the States Parties in that region that have not served as members of the Executive Council for the longest period of time since becoming States Parties or since their last term, whichever is shorter. A State Party designated on this basis may decide to forgo its seat. In that case, such a State Party shall submit a letter of renunciation to the Director-General, and the seat shall be filled by the State Party following next-in-order according to this sub-paragraph; and (c) The remaining seats allocated to each geographical region shall be filled by States Parties designated from among all the States Parties in that region by rotation or elections.