GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Prohibiting Cluster Munitions Act — P-24.8 11
Exceptions — military cooperation or combined military operations 11 (1) Section 6 does not prohibit a person who is subject to the Code of Service Discipline under any of paragraphs 60(1)(a) to (g) and (j) of the National Defence Act or who is an employee as defined in subsection 2(1) of the Public Service Employment Act , in the course of military cooperation or combined military operations involving Canada and a state that is not a party to the Convention, from (a) directing or authorizing an activity that may involve the use, acquisition, possession, import or export of a cluster munition, explosive submunition or explosive bomblet by the armed forces of that state or that may involve moving that munition by those armed forces from a foreign state or territory to another foreign state or territory with the intent to transfer ownership of and control over it; (b) expressly requesting the use of a cluster munition, explosive submunition or explosive bomblet by the armed forces of that state if the choice of munitions used is not within the exclusive control of the Canadian Forces; or (c) acquiring or possessing a cluster munition, explosive submunition or explosive bomblet, or moving that munition from a foreign state or territory to another foreign state or territory with the intent to transfer ownership of and control over it, while on attachment, exchange or secondment, or serving under similar arrangement, with the armed forces of that state. Exception — transport (2) Section 6 does not prohibit a person, in the course of military cooperation or combined military operations involving Canada and a state that is not a party to the Convention, from transporting or engaging in an activity related to the transport of a cluster munition, explosive submunition or explosive bomblet that is owned by, in the possession of or under the control of that state. Exception — if act of other person not an offence (3) Section 6 does not prohibit a person, in the course of military cooperation or combined military operations involving Canada and a state that is not a party to the Convention, from (a) aiding, abetting or counselling another person to commit any act referred to in paragraphs 6 (a) to (d), if it would not be an offence for that other person to commit that act; (b) conspiring with another person to commit any act referred to in paragraphs 6 (a) to (d), if it would not be an offence for that other person to commit that act; or (c) receiving, comforting or assisting another person, knowing that that other person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs 6 (a) to (d), for the purpose of enabling that other person to escape, if it was not an offence for that other person to commit that act.
Prohibiting Cluster Munitions Act — P-24.8 12
Exception for peace officers, etc. 12 Section 6 does not prohibit a person, in the course of the person’s duties or employment, from acquiring, possessing, importing or exporting a cluster munition, explosive submunition or explosive bomblet, or from moving that munition from a foreign state or territory to another foreign state or territory with the intent to transfer ownership of and control over it, for the purpose of destroying or deactivating it or for the purpose of investigations or proceedings under an Act of Parliament, if the person is (a) an officer or non-commissioned member, as those terms are defined in subsection 2(1) of the National Defence Act ; (b) a peace officer as defined in section 2 of the Criminal Code ; (c) a person engaged or employed by or on behalf of Her Majesty in right of Canada or a province; or (d) a person acting on behalf of a foreign state with the permission of the Government of Canada.
Prohibiting Cluster Munitions Act — P-24.8 13
Seizure or acquisition by other means 13 An officer or non-commissioned member, as those terms are defined in subsection 2(1) of the National Defence Act , or a peace officer, as defined in section 2 of the Criminal Code , who seizes or acquires by any other means a cluster munition, explosive submunition or explosive bomblet may remove it to a safe place and detain it there.
Prohibiting Cluster Munitions Act — P-24.8 14
If required for proceedings 14 If a cluster munition, explosive submunition or explosive bomblet may be required for any proceedings under an Act of Parliament, a justice of the peace, a provincial court judge as defined in section 2 of the Criminal Code , a judge as defined in subsection 462.3(1) of that Act or a military judge as defined in subsection 2(1) of the National Defence Act may order its detention in a safe place until it is no longer required.
Prohibiting Cluster Munitions Act — P-24.8 15
Minister’s powers, duties and functions 15 A minister may delegate to any person, subject to any conditions that the minister considers appropriate, any powers, duties or functions conferred on the minister under this Act.
Prohibiting Cluster Munitions Act — P-24.8 16
Amendment to schedule 16 The Minister of Foreign Affairs must, by order, amend the schedule to incorporate any amendment to the Convention as soon as feasible after the amendment takes effect for Canada.
Prohibiting Cluster Munitions Act — P-24.8 17
Offence — section 6 17 (1) Every person who contravenes section 6 is guilty of an offence and liable (a) 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; and (b) on summary conviction, to a fine of not more than $5,000 or to imprisonment for a term of not more than 18 months, or to both. Offences — regulations (2) Every person who contravenes a regulation made under section 23 , the contravention of which has been made an offence by that regulation, is guilty of an offence punishable on summary conviction. Sections 21, 22, 23 and 24 and subsection 465(3) of Criminal Code (3) Sections 21, 22, 23 and 24 and subsection 465(3) of the Criminal Code do not apply to any contravention of section 6 .
Prohibiting Cluster Munitions Act — P-24.8 18
Consent of Attorney General of Canada 18 Proceedings for an offence under section 17 or under a regulation made under section 23, other than proceedings before a court martial as defined in subsection 2(1) of the National Defence Act , may only be commenced with the personal consent in writing of the Attorney General of Canada. 2014, c. 27, s. 18 2019, c. 15, s. 60
Prohibiting Cluster Munitions Act — P-24.8 19
Limitation period or prescription 19 Proceedings by way of summary conviction may be instituted within two years after the day on which the subject matter of the proceedings arose.
Prohibiting Cluster Munitions Act — P-24.8 20
Forfeiture 20 An order that a cluster munition, explosive submunition or explosive bomblet be forfeited to Her Majesty in right of Canada may be made by (a) a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in subsection 462.3(1) of that Act, on ex parte application by the Attorney General of Canada; or (b) a military judge as defined in subsection 2(1) of the National Defence Act , on ex parte application by the Director of Military Prosecutions.
Prohibiting Cluster Munitions Act — P-24.8 21
Forfeiture — if person found guilty 21 (1) If a person is found guilty of an offence under section 17 or under a regulation made under section 23 , the court may, on application by the prosecutor, in addition to any punishment imposed, order that anything by means of which or in respect of which the offence was committed be forfeited to Her Majesty in right of Canada. Exception — real property or immovables (2) Subsection (1) does not apply to real property or immovables other than real property or immovables built or significantly modified for the purpose of facilitating the commission of the offence.
Prohibiting Cluster Munitions Act — P-24.8 22
Disposal 22 Anything that is forfeited under section 20 or 21 must be disposed of as the Attorney General of Canada directs except if the thing is a cluster munition, explosive submunition or explosive bomblet or if the order to forfeit is made by a military judge as defined in subsection 2(1) of the National Defence Act . In both of those cases, the thing must be disposed of as directed by the Minister of National Defence.
Prohibiting Cluster Munitions Act — P-24.8 23
Regulations 23 (1) The Governor in Council may make regulations that the Governor in Council considers necessary for carrying out the purpose of this Act. Contravention of regulation (2) A regulation made under subsection (1) may make it an offence to contravene the regulation.
Prohibiting Cluster Munitions Act — P-24.8 Order in council
Order in council * 24 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force March 16, 2015, see SI/2015-22.]
Prohibiting Cluster Munitions Act — P-24.8
g the use, stockpiling, production and transfer of cluster munitions, Stressing the role of public conscience in furthering the principles of humanity as evidenced by the global call for an end to civilian suffering caused by cluster munitions and recognizing the efforts to that end undertaken by the United Nations, the International Committee of the Red Cross, the Cluster Munition Coalition and numerous other non-governmental organizations around the world, Reaffirming the Declaration of the Oslo Conference on Cluster Munitions, by which, inter alia, States recognized the grave consequences caused by the use of cluster munitions and committed themselves to conclude by 2008 a legally binding instrument that would prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians, and would establish a framework for cooperation and assistance that ensures adequate provision of care and rehabilitation for victims, clearance of contaminated areas, risk reduction education and destruction of stockpiles, Emphasizing the desirability of attracting the adherence of all States to this Convention, and determined to work strenuously towards the promotion of its universalization and its full implementation, Basing themselves on the principles and rules of international humanitarian law, in particular the principle that the right of parties to an armed conflict to choose methods or means of warfare is not unlimited, and the rules that the parties to a conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly direct their operations against military objectives only, that in the conduct of military operations constant care shall be taken to spare the civilian population, civilians and civilian objects and that the civilian population and individual civilians enjoy general protection against dangers arising from military operations,
Prohibiting Cluster Munitions Act — P-24.8
Deeply concerned that civilian populations and individual civilians continue to bear the brunt of armed conflict,
Prohibiting Cluster Munitions Act — P-24.8
Determined to put an end for all time to the suffering and casualties caused by cluster munitions at the time of their use, when they fail to function as intended or when they are abandoned,
Prohibiting Cluster Munitions Act — P-24.8
Concerned that cluster munition remnants kill or maim civilians, including women and children, obstruct economic and social development, including through the loss of livelihood, impede post-conflict rehabilitation and reconstruction, delay or prevent the return of refugees and internally displaced persons, can negatively impact on national and international peacebuilding and humanitarian assistance efforts, and have other severe consequences that can persist for many years after use,
Prohibiting Cluster Munitions Act — P-24.8
Deeply concerned also at the dangers presented by the large national stockpiles of cluster munitions retained for operational use and determined to ensure their rapid destruction,
Prohibiting Cluster Munitions Act — P-24.8
Believing it necessary to contribute effectively in an efficient, coordinated manner to resolving the challenge of removing cluster munition remnants located throughout the world, and to ensure their destruction,
Prohibiting Cluster Munitions Act — P-24.8
Determined also to ensure the full realization of the rights of all cluster munition victims and recognizing their inherent dignity,
Prohibiting Cluster Munitions Act — P-24.8
Resolved to do their utmost in providing assistance to cluster munition victims, including medical care, rehabilitation and psychological support, as well as providing for their social and economic inclusion,
Prohibiting Cluster Munitions Act — P-24.8
Recognizing the need to provide age- and gender-sensitive assistance to cluster munition victims and to address the special needs of vulnerable groups,
Prohibiting Cluster Munitions Act — P-24.8
Bearing in mind the Convention on the Rights of Persons with Disabilities which, inter alia, requires that States Parties to that Convention undertake to ensure and promote the full realization of all human rights and fundamental freedoms of all persons with disabilities without discrimination of any kind on the basis of disability,
Prohibiting Cluster Munitions Act — P-24.8
Mindful of the need to coordinate adequately efforts undertaken in various fora to address the rights and needs of victims of various types of weapons, and resolved to avoid discrimination among victims of various types of weapons,
Prohibiting Cluster Munitions Act — P-24.8
Reaffirming that in cases not covered by this Convention or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law, derived from established custom, from the principles of humanity and from the dictates of public conscience,
Prohibiting Cluster Munitions Act — P-24.8
Resolved also that armed groups distinct from the armed forces of a State shall not, under any circumstances, be permitted to engage in any activity prohibited to a State Party to this Convention,
Prohibiting Cluster Munitions Act — P-24.8
Welcoming the very broad international support for the international norm prohibiting anti-personnel mines, enshrined in the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction,
Prohibiting Cluster Munitions Act — P-24.8
Welcoming also the adoption of the Protocol on Explosive Remnants of War, annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, and its entry into force on 12 November 2006, and wishing to enhance the protection of civilians from the effects of cluster munition remnants in post-conflict environments,
Prohibiting Cluster Munitions Act — P-24.8
Bearing in mind also United Nations Security Council Resolution 1325 on women, peace and security and United Nations Security Council Resolution 1612 on children in armed conflict,
Prohibiting Cluster Munitions Act — P-24.8
Welcoming further the steps taken nationally, regionally and globally in recent years aimed at prohibiting, restricting or suspending the use, stockpiling, production and transfer of cluster munitions,
Prohibiting Cluster Munitions Act — P-24.8
Stressing the role of public conscience in furthering the principles of humanity as evidenced by the global call for an end to civilian suffering caused by cluster munitions and recognizing the efforts to that end undertaken by the United Nations, the International Committee of the Red Cross, the Cluster Munition Coalition and numerous other non-governmental organizations around the world,
Prohibiting Cluster Munitions Act — P-24.8
Reaffirming the Declaration of the Oslo Conference on Cluster Munitions, by which, inter alia, States recognized the grave consequences caused by the use of cluster munitions and committed themselves to conclude by 2008 a legally binding instrument that would prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians, and would establish a framework for cooperation and assistance that ensures adequate provision of care and rehabilitation for victims, clearance of contaminated areas, risk reduction education and destruction of stockpiles,
Prohibiting Cluster Munitions Act — P-24.8
Emphasizing the desirability of attracting the adherence of all States to this Convention, and determined to work strenuously towards the promotion of its universalization and its full implementation,
Prohibiting Cluster Munitions Act — P-24.8
Basing themselves on the principles and rules of international humanitarian law, in particular the principle that the right of parties to an armed conflict to choose methods or means of warfare is not unlimited, and the rules that the parties to a conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly direct their operations against military objectives only, that in the conduct of military operations constant care shall be taken to spare the civilian population, civilians and civilian objects and that the civilian population and individual civilians enjoy general protection against dangers arising from military operations,
Prohibiting Cluster Munitions Act — P-24.8 1
1 Each State Party undertakes never under any circumstances to: (a) Use cluster munitions; (b) Develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions; (c) Assist, encourage or induce anyone to engage in any activity prohibited to a State Party under this Convention.
Prohibiting Cluster Munitions Act — P-24.8 (b)
(b) Develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions;
Prohibiting Cluster Munitions Act — P-24.8 (c)
(c) Assist, encourage or induce anyone to engage in any activity prohibited to a State Party under this Convention.
Prohibiting Cluster Munitions Act — P-24.8 2
2 Paragraph 1 of this Article applies, mutatis mutandis, to explosive bomblets that are specifically designed to be dispersed or released from dispensers affixed to aircraft.
Prohibiting Cluster Munitions Act — P-24.8 3
3 This Convention does not apply to mines.
Prohibiting Cluster Munitions Act — P-24.8 1
1 Cluster munition victims means all persons who have been killed or suffered physical or psychological injury, economic loss, social marginalization or substantial impairment of the realization of their rights caused by the use of cluster munitions. They include those persons directly impacted by cluster munitions as well as their affected families and communities;
Prohibiting Cluster Munitions Act — P-24.8 2
2 Cluster munition means a conventional munition that is designed to disperse or release explosive submunitions each weighing less than 20 kilograms, and includes those explosive submunitions. It does not mean the following: (a) A munition or submunition designed to dispense flares, smoke, pyrotechnics or chaff; or a munition designed exclusively for an air defence role; (b) A munition or submunition designed to produce electrical or electronic effects; (c) A munition that, in order to avoid indiscriminate area effects and the risks posed by unexploded submunitions, has all of the following characteristics: (i) Each munition contains fewer than ten explosive submunitions; (ii) Each explosive submunition weighs more than four kilograms; (iii) Each explosive submunition is designed to detect and engage a single target object; (iv) Each explosive submunition is equipped with an electronic self-destruction mechanism; (v) Each explosive submunition is equipped with an electronic self-deactivating feature;
Prohibiting Cluster Munitions Act — P-24.8 (a)
(a) A munition or submunition designed to dispense flares, smoke, pyrotechnics or chaff; or a munition designed exclusively for an air defence role;
Prohibiting Cluster Munitions Act — P-24.8 (b)
(b) A munition or submunition designed to produce electrical or electronic effects;
Prohibiting Cluster Munitions Act — P-24.8 (c)
(c) A munition that, in order to avoid indiscriminate area effects and the risks posed by unexploded submunitions, has all of the following characteristics: (i) Each munition contains fewer than ten explosive submunitions; (ii) Each explosive submunition weighs more than four kilograms; (iii) Each explosive submunition is designed to detect and engage a single target object; (iv) Each explosive submunition is equipped with an electronic self-destruction mechanism; (v) Each explosive submunition is equipped with an electronic self-deactivating feature;
Prohibiting Cluster Munitions Act — P-24.8 (i)
(i) Each munition contains fewer than ten explosive submunitions;
Prohibiting Cluster Munitions Act — P-24.8 (ii)
(ii) Each explosive submunition weighs more than four kilograms;
Prohibiting Cluster Munitions Act — P-24.8 (iii)
(iii) Each explosive submunition is designed to detect and engage a single target object;
Prohibiting Cluster Munitions Act — P-24.8 (iv)
(iv) Each explosive submunition is equipped with an electronic self-destruction mechanism;
Prohibiting Cluster Munitions Act — P-24.8 (v)
(v) Each explosive submunition is equipped with an electronic self-deactivating feature;
Prohibiting Cluster Munitions Act — P-24.8 3
3 Explosive submunition means a conventional munition that in order to perform its task is dispersed or released by a cluster munition and is designed to function by detonating an explosive charge prior to, on or after impact;
Prohibiting Cluster Munitions Act — P-24.8 4
4 Failed cluster munition means a cluster munition that has been fired, dropped, launched, projected or otherwise delivered and which should have dispersed or released its explosive submunitions but failed to do so;
Prohibiting Cluster Munitions Act — P-24.8 5
5 Unexploded submunition means an explosive submunition that has been dispersed or released by, or otherwise separated from, a cluster munition and has failed to explode as intended;
Prohibiting Cluster Munitions Act — P-24.8 6
6 Abandoned cluster munitions means cluster munitions or explosive submunitions that have not been used and that have been left behind or dumped, and that are no longer under the control of the party that left them behind or dumped them. They may or may not have been prepared for use;
Prohibiting Cluster Munitions Act — P-24.8 7
7 Cluster munition remnants means failed cluster munitions, abandoned cluster munitions, unexploded submunitions and unexploded bomblets;
Prohibiting Cluster Munitions Act — P-24.8 8
8 Transfer involves, in addition to the physical movement of cluster munitions into or from national territory, the transfer of title to and control over cluster munitions, but does not involve the transfer of territory containing cluster munition remnants;
Prohibiting Cluster Munitions Act — P-24.8 9
9 Self-destruction mechanism means an incorporated automatically-functioning mechanism which is in addition to the primary initiating mechanism of the munition and which secures the destruction of the munition into which it is incorporated;
Prohibiting Cluster Munitions Act — P-24.8 10
10 Self-deactivating means automatically rendering a munition inoperable by means of the irreversible exhaustion of a component, for example a battery, that is essential to the operation of the munition;
Prohibiting Cluster Munitions Act — P-24.8 11
11 Cluster munition contaminated area means an area known or suspected to contain cluster munition remnants;
Prohibiting Cluster Munitions Act — P-24.8 12
12 Mine means a munition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle;