GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 26
26 In cases of significant or irretrievable breakdown of a monitoring facility specified in the Tables of Annex 1 to the Protocol, or in order to cover other temporary reductions of monitoring coverage, the Director-General shall, in consultation and agreement with those States directly affected, and with the approval of the Executive Council, initiate temporary arrangements of no more than one year’s duration, renewable if necessary by agreement of the Executive Council and of the States directly affected for another year. Such arrangements shall not cause the number of operational facilities of the International Monitoring System to exceed the number specified for the relevant network; shall meet as far as possible the technical and operational requirements specified in the operational manual for the relevant network; and shall be conducted within the budget of the Organization. The Director-General shall furthermore take steps to rectify the situation and make proposals for its permanent resolution. The Director-General shall notify all States Parties of any decision taken pursuant to this paragraph.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 27
27 States Parties may also separately establish cooperative arrangements with the Organization, in order to make available to the International Data Centre supplementary data from national monitoring stations that are not formally part of the International Monitoring System.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 28
28 Such cooperative arrangements may be established as follows: (a) Upon request by a State Party, and at the expense of that State, the Technical Secretariat shall take the steps required to certify that a given monitoring facility meets the technical and operational requirements specified in the relevant operational manuals for an International Monitoring System facility, and make arrangements for the authentication of its data. Subject to the agreement of the Executive Council, the Technical Secretariat shall then formally designate such a facility as a cooperating national facility. The Technical Secretariat shall take the steps required to revalidate its certification as appropriate; (b) The Technical Secretariat shall maintain a current list of cooperating national facilities and shall distribute it to all States Parties; and (c) The International Data Centre shall call upon data from cooperating national facilities, if so requested by a State Party, for the purposes of facilitating consultation and clarification and the consideration of on-site inspection requests, data transmission costs being borne by that State Party. The conditions under which supplementary data from such facilities are made available, and under which the International Data Centre may request further or expedited reporting, or clarifications, shall be elaborated in the operational manual for the respective monitoring network.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (a)
(a) Upon request by a State Party, and at the expense of that State, the Technical Secretariat shall take the steps required to certify that a given monitoring facility meets the technical and operational requirements specified in the relevant operational manuals for an International Monitoring System facility, and make arrangements for the authentication of its data. Subject to the agreement of the Executive Council, the Technical Secretariat shall then formally designate such a facility as a cooperating national facility. The Technical Secretariat shall take the steps required to revalidate its certification as appropriate;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (b)
(b) The Technical Secretariat shall maintain a current list of cooperating national facilities and shall distribute it to all States Parties; and
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (c)
(c) The International Data Centre shall call upon data from cooperating national facilities, if so requested by a State Party, for the purposes of facilitating consultation and clarification and the consideration of on-site inspection requests, data transmission costs being borne by that State Party.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
The conditions under which supplementary data from such facilities are made available, and under which the International Data Centre may request further or expedited reporting, or clarifications, shall be elaborated in the operational manual for the respective monitoring network.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 29
29 Without prejudice to the right of any State Party to request an on-site inspection, States Parties should, whenever possible, first make every effort to clarify and resolve, among themselves or with or through the Organization, any matter which may cause concern about possible non-compliance with the basic obligations of this Treaty.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 30
30 A State Party that receives a request pursuant to paragraph 29 directly from another State Party shall provide the clarification to the requesting State Party as soon as possible, but in any case no later than 48 hours after the request. The requesting and requested States Parties may keep the Executive Council and the Director-General informed of the request and the response.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 31
31 A State Party shall have the right to request the Director-General to assist in clarifying any matter which may cause concern about possible non-compliance with the basic obligations of this Treaty. The Director-General shall provide appropriate information in the possession of the Technical Secretariat relevant to such a concern. The Director-General shall inform the Executive Council of the request and of the information provided in response, if so requested by the requesting State Party.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 32
32 A State Party shall have the right to request the Executive Council to obtain clarification from another State Party on any matter which may cause concern about possible non-compliance with the basic obligations of this Treaty. In such a case, the following shall apply: (a) The Executive Council shall forward the request for clarification to the requested State Party through the Director-General no later than 24 hours after its receipt; (b) The requested State Party shall provide the clarification to the Executive Council as soon as possible, but in any case no later than 48 hours after receipt of the request; (c) The Executive Council shall take note of the clarification and forward it to the requesting State Party no later than 24 hours after its receipt; (d) If the requesting State Party deems the clarification to be inadequate, it shall have the right to request the Executive Council to obtain further clarification from the requested State Party. The Executive Council shall inform without delay all other States Parties about any request for clarification pursuant to this paragraph as well as any response provided by the requested State Party.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (a)
(a) The Executive Council shall forward the request for clarification to the requested State Party through the Director-General no later than 24 hours after its receipt;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (b)
(b) The requested State Party shall provide the clarification to the Executive Council as soon as possible, but in any case no later than 48 hours after receipt of the request;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (c)
(c) The Executive Council shall take note of the clarification and forward it to the requesting State Party no later than 24 hours after its receipt;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (d)
(d) If the requesting State Party deems the clarification to be inadequate, it shall have the right to request the Executive Council to obtain further clarification from the requested State Party.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
The Executive Council shall inform without delay all other States Parties about any request for clarification pursuant to this paragraph as well as any response provided by the requested State Party.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 33
33 If the requesting State Party considers the clarification obtained under paragraph 32(d) to be unsatisfactory, it shall have the right to request a meeting of the Executive Council in which States Parties involved that are not members of the Executive Council shall be entitled to take part. At such a meeting, the Executive Council shall consider the matter and may recommend any measure in accordance with Article V.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 34
34 Each State Party has the right to request an on-site inspection in accordance with the provisions of this Article and Part II of the Protocol in the territory or in any other place under the jurisdiction or control of any State Party, or in any area beyond the jurisdiction or control of any State.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 35
35 The sole purpose of an on-site inspection shall be to clarify whether a nuclear weapon test explosion or any other nuclear explosion has been carried out in violation of Article I and, to the extent possible, to gather any facts which might assist in identifying any possible violator.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 36
36 The requesting State Party shall be under the obligation to keep the on-site inspection request within the scope of this Treaty and to provide in the request information in accordance with paragraph 37. The requesting State Party shall refrain from unfounded or abusive inspection requests.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 37
37 The on-site inspection request shall be based on information collected by the International Monitoring System, on any relevant technical information obtained by national technical means of verification in a manner consistent with generally recognized principles of international law, or on a combination thereof. The request shall contain information pursuant to Part II, paragraph 41 of the Protocol.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 38
38 The requesting State Party shall present the on-site inspection request to the Executive Council and at the same time to the Director-General for the latter to begin immediate processing.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 39
39 The Executive Council shall begin its consideration immediately upon receipt of the on-site inspection request.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 40
40 The Director-General, after receiving the on-site inspection request, shall acknowledge receipt of the request to the requesting State Party within two hours and communicate the request to the State Party sought to be inspected within six hours. The Director-General shall ascertain that the request meets the requirements specified in Part II, paragraph 41 of the Protocol, and, if necessary, shall assist the requesting State Party in filing the request accordingly, and shall communicate the request to the Executive Council and to all other States Parties within 24 hours.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 41
41 When the on-site inspection request fulfils the requirements, the Technical Secretariat shall begin preparations for the on-site inspection without delay.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 42
42 The Director-General, upon receipt of an on-site inspection request referring to an inspection area under the jurisdiction or control of a State Party, shall immediately seek clarification from the State Party sought to be inspected in order to clarify and resolve the concern raised in the request.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 43
43 A State Party that receives a request for clarification pursuant to paragraph 42 shall provide the Director-General with explanations and with other relevant information available as soon as possible, but no later than 72 hours after receipt of the request for clarification.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 44
44 The Director-General, before the Executive Council takes a decision on the on-site inspection request, shall transmit immediately to the Executive Council any additional information available from the International Monitoring System or provided by any State Party on the event specified in the request, including any clarification provided pursuant to paragraphs 42 and 43, as well as any other information from within the Technical Secretariat that the Director-General deems relevant or that is requested by the Executive Council.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 45
45 Unless the requesting State Party considers the concern raised in the on-site inspection request to be resolved and withdraws the request, the Executive Council shall take a decision on the request in accordance with paragraph 46.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 46
46 The Executive Council shall take a decision on the on-site inspection request no later than 96 hours after receipt of the request from the requesting State Party. The decision to approve the on-site inspection shall be made by at least 30 affirmative votes of members of the Executive Council. If the Executive Council does not approve the inspection, preparations shall be stopped and no further action on the request shall be taken.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 47
47 No later than 25 days after the approval of the on-site inspection in accordance with paragraph 46, the inspection team shall transmit to the Executive Council, through the Director-General, a progress inspection report. The continuation of the inspection shall be considered approved unless the Executive Council, no later than 72 hours after receipt of the progress inspection report, decides by a majority of all its members not to continue the inspection. If the Executive Council decides not to continue the inspection, the inspection shall be terminated, and the inspection team shall leave the inspection area and the territory of the inspected State Party as soon as possible in accordance with Part II, paragraphs 109 and 110 of the Protocol.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 48
48 In the course of the on-site inspection, the inspection team may submit to the Executive Council, through the Director-General, a proposal to conduct drilling. The Executive Council shall take a decision on such a proposal no later than 72 hours after receipt of the proposal. The decision to approve drilling shall be made by a majority of all members of the Executive Council.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 49
49 The inspection team may request the Executive Council, through the Director-General, to extend the inspection duration by a maximum of 70 days beyond the 60-day time-frame specified in Part II, paragraph 4 of the Protocol, if the inspection team considers such an extension essential to enable it to fulfil its mandate. The inspection team shall indicate in its request which of the activities and techniques listed in Part II, paragraph 69 of the Protocol it intends to carry out during the extension period. The Executive Council shall take a decision on the extension request no later than 72 hours after receipt of the request. The decision to approve an extension of the inspection duration shall be made by a majority of all members of the Executive Council.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 50
50 Any time following the approval of the continuation of the on-site inspection in accordance with paragraph 47, the inspection team may submit to the Executive Council, through the Director-General, a recommendation to terminate the inspection. Such a recommendation shall be considered approved unless the Executive Council, no later than 72 hours after receipt of the recommendation, decides by a two-thirds majority of all its members not to approve the termination of the inspection. In case of termination of the inspection, the inspection team shall leave the inspection area and the territory of the inspected State Party as soon as possible in accordance with Part II, paragraphs 109 and 110 of the Protocol.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 51
51 The requesting State Party and the State Party sought to be inspected may participate in the deliberations of the Executive Council on the on-site inspection request without voting. The requesting State Party and the inspected State Party may also participate without voting in any subsequent deliberations of the Executive Council related to the inspection.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 52
52 The Director-General shall notify all States Parties within 24 hours about any decision by and reports, proposals, requests and recommendations to the Executive Council pursuant to paragraphs 46 to 50.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 53
53 An on-site inspection approved by the Executive Council shall be conducted without delay by an inspection team designated by the Director-General and in accordance with the provisions of this Treaty and the Protocol. The inspection team shall arrive at the point of entry no later than six days following the receipt by the Executive Council of the on-site inspection request from the requesting State Party.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 54
54 The Director-General shall issue an inspection mandate for the conduct of the on-site inspection. The inspection mandate shall contain the information specified in Part II, paragraph 42 of the Protocol.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 55
55 The Director-General shall notify the inspected State Party of the inspection no less than 24 hours before the planned arrival of the inspection team at the point of entry, in accordance with Part II, paragraph 43 of the Protocol.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 56
56 Each State Party shall permit the Organization to conduct an on-site inspection on its territory or at places under its jurisdiction or control in accordance with the provisions of this Treaty and the Protocol. However, no State Party shall have to accept simultaneous on-site inspections on its territory or at places under its jurisdiction or control.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 57
57 In accordance with the provisions of this Treaty and the Protocol, the inspected State Party shall have: (a) The right and the obligation to make every reasonable effort to demonstrate its compliance with this Treaty and, to this end, to enable the inspection team to fulfil its mandate; (b) The right to take measures it deems necessary to protect national security interests and to prevent disclosure of confidential information not related to the purpose of the inspection; (c) The obligation to provide access within the inspection area for the sole purpose of determining facts relevant to the purpose of the inspection, taking into account sub-paragraph (b) and any constitutional obligations it may have with regard to proprietary rights or searches and seizures; (d) The obligation not to invoke this paragraph or Part II, paragraph 88 of the Protocol to conceal any violation of its obligations under Article I; and (e) The obligation not to impede the ability of the inspection team to move within the inspection area and to carry out inspection activities in accordance with this Treaty and the Protocol. Access, in the context of an on-site inspection, means both the physical access of the inspection team and the inspection equipment to, and the conduct of inspection activities within, the inspection area.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (a)
(a) The right and the obligation to make every reasonable effort to demonstrate its compliance with this Treaty and, to this end, to enable the inspection team to fulfil its mandate;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (b)
(b) The right to take measures it deems necessary to protect national security interests and to prevent disclosure of confidential information not related to the purpose of the inspection;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (c)
(c) The obligation to provide access within the inspection area for the sole purpose of determining facts relevant to the purpose of the inspection, taking into account sub-paragraph (b) and any constitutional obligations it may have with regard to proprietary rights or searches and seizures;
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (d)
(d) The obligation not to invoke this paragraph or Part II, paragraph 88 of the Protocol to conceal any violation of its obligations under Article I; and
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 (e)
(e) The obligation not to impede the ability of the inspection team to move within the inspection area and to carry out inspection activities in accordance with this Treaty and the Protocol.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
Access, in the context of an on-site inspection, means both the physical access of the inspection team and the inspection equipment to, and the conduct of inspection activities within, the inspection area.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 58
58 The on-site inspection shall be conducted in the least intrusive manner possible, consistent with the efficient and timely accomplishment of the inspection mandate, and in accordance with the procedures set forth in the Protocol. Wherever possible, the inspection team shall begin with the least intrusive procedures and then proceed to more intrusive procedures only as it deems necessary to collect sufficient information to clarify the concern about possible non-compliance with this Treaty. The inspectors shall seek only the information and data necessary for the purpose of the inspection and shall seek to minimize interference with normal operations of the inspected State Party.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 59
59 The inspected State Party shall assist the inspection team throughout the on-site inspection and facilitate its task.
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 60
60 If the inspected State Party, acting in accordance with Part II, paragraphs 86 to 96 of the Protocol, restricts access within the inspection area, it shall make every reasonable effort in consultations with the inspection team to demonstrate through alternative means its compliance with this Treaty.