GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Anti-Personnel Mines Convention Implementation Act — A-11.5 13
Inspections 13 (1) Subject to this Act, a member of the fact-finding mission may, at any reasonable time and consistent with the provisions of the Convention, enter and inspect any place that is a military or weapons installation or facility or that is any other installation or facility that has or may have the capacity to develop, produce or stockpile anti-personnel mines or anti-personnel mine components, if the member believes on reasonable grounds that any information, document or other thing that is relevant to compliance with the Convention may be found in that place. Fact-finders may be accompanied (2) In order to facilitate the conduct of an inspection by a member of the fact-finding mission, such persons as may be designated by the Minister may accompany the member and may direct any person who is in control of the place being inspected to (a) provide the member with access to any area, container or thing in the place; (b) permit the member to examine any thing in the place; (c) permit the member to make copies of any information contained in the records, files, papers or electronic information systems kept or used in relation to the place and to remove the copies from the place; (d) permit the member to have photographs taken of any thing in the place and to remove the photographs or the exposed photographic film from the place; (e) permit the member to interview any person in the place; and (f) permit the member to take samples for analysis of any thing in the place and permit the member to remove the samples for analysis outside the place. False statements, obstruction (3) While a member of the fact-finding mission is conducting the inspection, no person shall (a) knowingly make any false or misleading statement to the member or the designated persons accompanying the member in relation to the place or thing being inspected; or (b) wilfully obstruct the inspection. Direction not statutory instrument (4) A direction under subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act .
Anti-Personnel Mines Convention Implementation Act — A-11.5 14
Dwelling-house 14 If the place to be inspected is a dwelling-house, a member of the fact-finding mission or a designated person accompanying the member may not enter the place without the consent of the occupant.
Anti-Personnel Mines Convention Implementation Act — A-11.5 15
Other place 15 (1) If the place to be inspected is not a dwelling-house, a member of the fact-finding mission or a designated person accompanying the member may not enter the place without the consent of the person who is in control of the place, except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice may issue a warrant authorizing members of the fact-finding mission and the designated persons accompanying them to enter a place for the purposes of the inspection, subject to such conditions as may be specified in the warrant, if the justice is satisfied by information on oath that (a) there are reasonable grounds to believe that the members may find at that place any information, document or other thing that is relevant to compliance with the Convention; (b) entry to the place is necessary for any purpose relating to the fact-finding mission; and (c) entry to the place has been refused, there are reasonable grounds to believe that entry will be refused or there has been a failure to comply with a direction under section 13 in respect of the place. Assistance (3) A justice who issues a warrant under subsection (2) may order any person to provide assistance if the person’s assistance may reasonably be considered to be required to give effect to the warrant. When warrant not required (4) A warrant authorizing entry into a place is not required if the conditions for obtaining the warrant exist but, because of exigent circumstances, it would not be practicable to obtain the warrant. Use of force (5) The members of the fact-finding mission and the designated persons accompanying them shall not use force in executing a warrant issued under subsection (2) unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.
Anti-Personnel Mines Convention Implementation Act — A-11.5 16
Application of the Criminal Code 16 Sections 13 to 15 do not exclude the application of the provisions of the Criminal Code relating to search and seizure under the authority of a warrant issued under that Act.
Anti-Personnel Mines Convention Implementation Act — A-11.5 17
Prohibition 17 (1) Except as authorized by this section, no person in possession of information or a document obtained in confidence under this Act or the Convention shall knowingly, without the written consent of the person from whom it was obtained, communicate it or allow it to be communicated to any person or allow any person to have access to it. Exceptions (2) A person in possession of information or a document obtained in confidence under this Act or the Convention may communicate it or allow it to be communicated to any person, or allow any person to have access to it, if (a) the communication or access would be in the public interest, as it relates to public health, public safety or protection of the environment, and that interest clearly outweighs in importance any material financial loss or prejudice that could be caused to the competitive position of any person and any damage that could be caused to the privacy, reputation or human dignity of any individual; 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 Convention. Evidence in legal proceedings (3) Notwithstanding any other Act or law, no person may be required, in connection with any legal proceedings, to produce any statement or other record containing information or a document obtained in confidence under this Act or the Convention, or to give evidence relating to it, unless the proceedings relate to the enforcement of this Act or another Act of Parliament.
Anti-Personnel Mines Convention Implementation Act — A-11.5 18
Ministerial designation 18 The Minister may designate one or more persons to exercise the powers, and perform the duties and functions, of the Minister under this Act or the Convention that are specified in the designation. That person or those persons may exercise those powers and shall perform those functions subject to such terms and conditions, if any, as are specified in the designation.
Anti-Personnel Mines Convention Implementation Act — A-11.5 19
Regulations 19 (1) The Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention and may make regulations prescribing anything that by this Act is to be prescribed by regulation. Contravention of regulation (2) A regulation made under subsection (1) may make it an offence to contravene the regulation.
Anti-Personnel Mines Convention Implementation Act — A-11.5 20
Amendment to schedule 20 The Minister shall, by order, amend the schedule to incorporate any amendment to the Convention as soon as is practicable after the amendment takes effect, and shall cause the amendment to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the order is made. 1997, c. 33, s. 20; 2001, c. 34, s. 3(F)
Anti-Personnel Mines Convention Implementation Act — A-11.5 21
Punishment 21 (1) Every person who contravenes section 6 or 8 or subsection 13(3) or 17(1) is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding eighteen months, or to both; and (b) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding five years, or to both. Offence under the regulations (2) Every person who contravenes a regulation made under section 19, the contravention of which has been made an offence by that regulation, is guilty of an offence punishable on summary conviction. 1997, c. 33, s. 21; 1999, c. 31, s. 7
Anti-Personnel Mines Convention Implementation Act — A-11.5 22
Forfeiture 22 (1) If a person is convicted of an offence under this Act, the convicting court may, in addition to any punishment imposed, order that any thing seized by means of which or in respect of which the offence was committed be forfeited. On the making of that order, the thing is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister directs. Exception (2) Subsection (1) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this Act.
Anti-Personnel Mines Convention Implementation Act — A-11.5 23
Limitation period for summary conviction offences 23 Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose.
Anti-Personnel Mines Convention Implementation Act — A-11.5 24
Continuing offence 24 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.
Anti-Personnel Mines Convention Implementation Act — A-11.5 Order in Council
Order in Council * 25 This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force March 1, 1999, see SI/99-18.]
Anti-Personnel Mines Convention Implementation Act — A-11.5
DETERMINED to put an end to the suffering and casualties caused by anti-personnel mines, that kill or maim hundreds of people every week, mostly innocent and defenceless civilians and especially children, obstruct economic development and reconstruction, inhibit the repatriation of refugees and internally displaced persons, and have other severe consequences for years after emplacement,
Anti-Personnel Mines Convention Implementation Act — A-11.5
BELIEVING it necessary to do their utmost to contribute in an efficient and coordinated manner to face the challenge of removing anti-personnel mines placed throughout the world, and to assure their destruction,
Anti-Personnel Mines Convention Implementation Act — A-11.5
WISHING to do their utmost in providing assistance for the care and rehabilitation, including the social and economic reintegration of mine victims,
Anti-Personnel Mines Convention Implementation Act — A-11.5
RECOGNIZING that a total ban of anti-personnel mines would also be an important confidence-building measure,
Anti-Personnel Mines Convention Implementation Act — A-11.5
WELCOMING the adoption of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, 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 calling for the early ratification of this Protocol by all States which have not yet done so,
Anti-Personnel Mines Convention Implementation Act — A-11.5
WELCOMING also United Nations General Assembly Resolution 51/45 S of 10 December 1996 urging all States to pursue vigorously an effective, legally-binding international agreement to ban the use, stockpiling, production and transfer of anti-personnel landmines,
Anti-Personnel Mines Convention Implementation Act — A-11.5
WELCOMING furthermore the measures taken over the past years, both unilaterally and multilaterally, aiming at prohibiting, restricting or suspending the use, stockpiling, production and transfer of anti-personnel mines,
Anti-Personnel Mines Convention Implementation Act — A-11.5
STRESSING the role of public conscience in furthering the principles of humanity as evidenced by the call for a total ban of anti-personnel mines and recognizing the efforts to that end undertaken by the International Red Cross and Red Crescent Movement, the International Campaign to Ban Landmines and numerous other non-governmental organizations around the world,
Anti-Personnel Mines Convention Implementation Act — A-11.5
RECALLING the Ottawa Declaration of 5 October 1996 and the Brussels Declaration of 27 June 1997 urging the international community to negotiate an international and legally binding agreement prohibiting the use, stockpiling, production and transfer of anti-personnel mines,
Anti-Personnel Mines Convention Implementation Act — A-11.5
EMPHASIZING the desirability of attracting the adherence of all States to this Convention, and determined to work strenuously towards the promotion of its universalization in all relevant fora including, inter alia, the United Nations, the Conference on Disarmament, regional organizations, and groupings, and review conferences of 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,
Anti-Personnel Mines Convention Implementation Act — A-11.5
BASING themselves on the principle of international humanitarian law that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, on the principle that prohibits the employment in armed conflicts of weapons, projectiles and materials and methods of warfare of a nature to cause superfluous injury or unnecessary suffering and on the principle that a distinction must be made between civilians and combatants,
Anti-Personnel Mines Convention Implementation Act — A-11.5 1
1 Each State Party undertakes never under any circumstances: (a) to use anti-personnel mines; (b) to develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, anti-personnel mines; (c) to assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention.
Anti-Personnel Mines Convention Implementation Act — A-11.5 (b)
(b) to develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, anti-personnel mines;
Anti-Personnel Mines Convention Implementation Act — A-11.5 (c)
(c) to assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention.
Anti-Personnel Mines Convention Implementation Act — A-11.5 2
2 Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in accordance with the provisions of this Convention.
Anti-Personnel Mines Convention Implementation Act — A-11.5 1
1 Anti-personnel mine means a mine designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons. Mines designed to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, that are equipped with anti-handling devices, are not considered anti-personnel mines as a result of being so equipped.
Anti-Personnel Mines Convention Implementation Act — A-11.5 2
2 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.
Anti-Personnel Mines Convention Implementation Act — A-11.5 3
3 Anti-handling device means a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine.
Anti-Personnel Mines Convention Implementation Act — A-11.5 4
4 Transfer involves, in addition to the physical movement of anti-personnel mines into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced anti-personnel mines.
Anti-Personnel Mines Convention Implementation Act — A-11.5 5
5 Mined area means an area which is dangerous due to the presence or suspected presence of mines.
Anti-Personnel Mines Convention Implementation Act — A-11.5 1
1 Notwithstanding the general obligations under Article 1, the retention or transfer of a number of anti-personnel mines for the development of and training in mine detection, mine clearance, or mine destruction techniques is permitted. The amount of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes.
Anti-Personnel Mines Convention Implementation Act — A-11.5 2
2 The transfer of anti-personnel mines for the purpose of destruction is permitted.
Anti-Personnel Mines Convention Implementation Act — A-11.5
Except as provided for in Article 3, each State Party undertakes to destroy or ensure the destruction of all stockpiled anti-personnel mines it owns or possesses, or that are under its jurisdiction or control, as soon as possible but not later than four years after the entry into force of this Convention for that State Party.
Anti-Personnel Mines Convention Implementation Act — A-11.5 1
1 Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in mined areas under its jurisdiction or control, as soon as possible but not later than ten years after the entry into force of this Convention for that State Party.
Anti-Personnel Mines Convention Implementation Act — A-11.5 2
2 Each State Party shall make every effort to identify all areas under its jurisdiction or control in which anti-personnel mines are known or suspected to be emplaced and shall ensure as soon as possible that all anti-personnel mines in mined areas under its jurisdiction or control are perimeter-marked, monitored and protected by fencing or other means, to ensure the effective exclusion of civilians, until all anti-personnel mines contained therein have been destroyed. The marking shall at least be to the standards set out in the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, 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.
Anti-Personnel Mines Convention Implementation Act — A-11.5 3
3 If a State Party believes that it will be unable to destroy or ensure the destruction of all anti-personnel mines referred to in paragraph 1 within that time period, it may submit a request to a Meeting of the States Parties or a Review Conference for an extension of the deadline for completing the destruction of such anti-personnel mines, for a period of up to ten years.
Anti-Personnel Mines Convention Implementation Act — A-11.5 4
4 Each request shall contain: (a) the duration of the proposed extension; (b) a detailed explanation of the reasons for the proposed extension, including: (i) the preparation and status of work conducted under national demining programs; (ii) the financial and technical means available to the State Party for the destruction of all the anti-personnel mines; and (iii) circumstances which impede the ability of the State Party to destroy all the anti-personnel mines in mined areas; (c) the humanitarian, social, economic, and environmental implications of the extension; and (d) any other information relevant to the request for the proposed extension.
Anti-Personnel Mines Convention Implementation Act — A-11.5 (a)
(a) the duration of the proposed extension;
Anti-Personnel Mines Convention Implementation Act — A-11.5 (b)
(b) a detailed explanation of the reasons for the proposed extension, including: (i) the preparation and status of work conducted under national demining programs; (ii) the financial and technical means available to the State Party for the destruction of all the anti-personnel mines; and (iii) circumstances which impede the ability of the State Party to destroy all the anti-personnel mines in mined areas;
Anti-Personnel Mines Convention Implementation Act — A-11.5 (i)
(i) the preparation and status of work conducted under national demining programs;
Anti-Personnel Mines Convention Implementation Act — A-11.5 (ii)
(ii) the financial and technical means available to the State Party for the destruction of all the anti-personnel mines; and
Anti-Personnel Mines Convention Implementation Act — A-11.5 (iii)
(iii) circumstances which impede the ability of the State Party to destroy all the anti-personnel mines in mined areas;
Anti-Personnel Mines Convention Implementation Act — A-11.5 (c)
(c) the humanitarian, social, economic, and environmental implications of the extension; and
Anti-Personnel Mines Convention Implementation Act — A-11.5 (d)
(d) any other information relevant to the request for the proposed extension.
Anti-Personnel Mines Convention Implementation Act — A-11.5 5
5 The Meeting of the States Parties or the Review Conference shall, taking into consideration the factors contained in paragraph 4, assess the request and decide by a majority of votes of States Parties present and voting whether to grant the request for an extension period.
Anti-Personnel Mines Convention Implementation Act — A-11.5 6
6 Such an extension may be renewed upon the submission of a new request in accordance with paragraphs 3, 4 and 5 of this Article. In requesting a further extension period a State Party shall submit relevant additional information on what has been undertaken in the previous extension period pursuant to this Article.
Anti-Personnel Mines Convention Implementation Act — A-11.5 1
1 In fulfilling its obligations under this Convention each State Party has the right to seek and receive assistance, where feasible, from other States Parties to the extent possible.
Anti-Personnel Mines Convention Implementation Act — A-11.5 2
2 Each State Party undertakes to facilitate and shall have the right to participate in the fullest possible exchange of equipment, material and scientific and technological information concerning the implementation of this Convention. The States Parties shall not impose undue restrictions on the provision of mine clearance equipment and related technological information for humanitarian purposes.
Anti-Personnel Mines Convention Implementation Act — A-11.5 3
3 Each State Party in a position to do so shall provide assistance for the care and rehabilitation, and social and economic reintegration, of mine victims and for mine awareness programs. Such assistance may be provided, inter alia, through the United Nations system, international, regional or national organizations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organizations, or on a bilateral basis.
Anti-Personnel Mines Convention Implementation Act — A-11.5 4
4 Each State Party in a position to do so shall provide assistance for mine clearance and related activities. Such assistance may be provided, inter alia, through the United Nations system, international or regional organizations or institutions, non-governmental organizations or institutions, or on a bilateral basis, or by contributing to the United Nations Voluntary Trust Fund for Assistance in Mine Clearance, or other regional funds that deal with demining.
Anti-Personnel Mines Convention Implementation Act — A-11.5 5
5 Each State Party in a position to do so shall provide assistance for the destruction of stockpiled anti-personnel mines.
Anti-Personnel Mines Convention Implementation Act — A-11.5 6
6 Each State Party undertakes to provide information to the database on mine clearance established within the United Nations system, especially information concerning various means and technologies of mine clearance, and lists of experts, expert agencies or national points of contact on mine clearance.