GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Explosives Act — E-17 25
Certificate or report of inspector or chemist 25 (1) Subject to subsections (3) and (4), a certificate or report appearing to have been signed by an inspector or chemist stating that the inspector or chemist has analysed or examined a substance or thing and stating the results thereof is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate or report. Copies or extracts (2) Subject to subsections (3) and (4), a copy made or an extract taken by an inspector pursuant to paragraph 14(1)(e) and appearing to have been certified under the inspector’s signature as a true copy or extract is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the copy or extract and, in the absence of evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way. Attendance of inspector or chemist (3) The party against whom a certificate or report is produced pursuant to subsection (1) or against whom a copy or an extract is produced pursuant to subsection (2) may, with leave of the court, require the attendance of the inspector or chemist who signed or appears to have signed the certificate, report, copy or extract for the purpose of cross-examination. Notice (4) No certificate, report, copy or extract referred to in subsection (1) or (2) shall be received in evidence unless the party intending to produce it has served on the party against whom it is intended to be produced a notice of that intention together with a duplicate of the certificate, report, copy or extract. R.S., 1985, c. E-17, s. 25; 1993, c. 32, s. 13
Explosives Act — E-17 26
Forfeiture to Crown 26 (1) When a person is convicted of an offence for acquiring, having in their possession, selling, offering for sale, storing, using, making, manufacturing, transporting, importing, exporting or delivering any explosive or restricted component, the court or judge, in addition to any other penalty that may be imposed, shall, in the case of an illicitly manufactured or illicitly trafficked explosive or an explosive that is not an authorized explosive, and may, in the case of an authorized explosive or a restricted component, declare that the explosive or restricted component by means of which or in relation to which the offence was committed be forfeited to the Crown. Disposal of explosive or component forfeited (2) If an explosive or a restricted component is forfeited under section 14.6 or subsection (1) and the time within which an appeal may be taken has expired or any appeal has been disposed of, it may be seized and disposed of as the Minister directs, and the costs of its disposal may be charged to the owner or the person having the lawful possession of it at the time of its seizure. R.S., 1985, c. E-17, s. 26; 1993, c. 32, s. 14; 2004, c. 15, s. 49
Explosives Act — E-17 27
Abandoned or deteriorated explosives 27 Any explosive that appears to the Minister to be abandoned, to have deteriorated or to be a danger to persons or property may be seized and destroyed or otherwise disposed of by such person, in such manner and at such time and place as the Minister may direct. R.S., 1985, c. E-17, s. 27; 2004, c. 15, s. 50(F)
Explosives Act — E-17 28
Certain powers of Minister may be delegated 28 The powers conferred on the Minister by sections 7, 9, 11, 12 and 27 may be exercised by any person designated by the Minister. R.S., c. E-15, s. 26; 1974-75-76, c. 60, s. 11
Explosives Act — E-17 29
Obligation to comply with other laws 29 Nothing in this Act relieves any person (a) of the obligation to comply with the requirements of any Act of Parliament relating to explosives or components of explosives or the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially requirements in relation to the acquisition, possession, storage, handling, sale, transportation or delivery of explosives or components of explosives; or (b) of any liability or punishment imposed for any contravention of an Act, law or by-law referred to in paragraph (a). R.S., 1985, c. E-17, s. 29; 1995, c. 39, s. 170; 2004, c. 15, s. 51
Export and Import of Rough Diamonds Act — E-18.5 Preamble
Preamble WHEREAS the Kimberley Process establishes minimum requirements for an international scheme of certification for rough diamonds with a view to breaking the link between armed conflict and the trade in rough diamonds;
Export and Import of Rough Diamonds Act — E-18.5
AND WHEREAS Canada is a participant in the Kimberley Process;
Export and Import of Rough Diamonds Act — E-18.5
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Export and Import of Rough Diamonds Act — E-18.5 1
Short title 1 This Act may be cited as the Export and Import of Rough Diamonds Act .
Export and Import of Rough Diamonds Act — E-18.5 2
Definitions 2 The following definitions apply in this Act. Canadian Certificate means a Kimberley Process Certificate issued by the Minister under paragraph 9(1)(a). ( certificat canadien ) in transit , in respect of rough diamonds, means from a place outside Canada in transit through Canada to a place outside Canada. ( en transit ) Kimberley Process means the international understanding among participants that was recognized by Resolution 55/56 adopted by the General Assembly of the United Nations on December 1, 2000, as that understanding is amended from time to time. ( Processus de Kimberley ) Kimberley Process Certificate means a document, issued by a participant, that certifies that rough diamonds for export or import or in transit have been handled in a manner that meets the minimum requirements of the Kimberley Process. ( certificat du Processus de Kimberley ) Minister means the Minister of Natural Resources. ( ministre ) participant means a state, international organization of states or dependent territory of a state, or a customs territory, named in the schedule. ( participant ) resident of Canada means an individual who ordinarily resides in Canada or a corporation that has its head office, or operates a branch office, in Canada. ( résident du Canada ) rough diamond means a diamond that is unsorted, unworked or simply sawn, cleaved or bruted, and that falls under subheading 7102.10, 7102.21 or 7102.31 in the List of Tariff Provisions set out in the schedule to the Customs Tariff, but does not include diamonds that are of a class prescribed by regulation. ( diamant brut ) 2002, c. 25, s. 2; 2005, c. 51, s. 1
Export and Import of Rough Diamonds Act — E-18.5
Canadian Certificate means a Kimberley Process Certificate issued by the Minister under paragraph 9(1)(a). ( certificat canadien )
Export and Import of Rough Diamonds Act — E-18.5
in transit , in respect of rough diamonds, means from a place outside Canada in transit through Canada to a place outside Canada. ( en transit )
Export and Import of Rough Diamonds Act — E-18.5
Kimberley Process means the international understanding among participants that was recognized by Resolution 55/56 adopted by the General Assembly of the United Nations on December 1, 2000, as that understanding is amended from time to time. ( Processus de Kimberley )
Export and Import of Rough Diamonds Act — E-18.5
Kimberley Process Certificate means a document, issued by a participant, that certifies that rough diamonds for export or import or in transit have been handled in a manner that meets the minimum requirements of the Kimberley Process. ( certificat du Processus de Kimberley )
Export and Import of Rough Diamonds Act — E-18.5
Minister means the Minister of Natural Resources. ( ministre )
Export and Import of Rough Diamonds Act — E-18.5
participant means a state, international organization of states or dependent territory of a state, or a customs territory, named in the schedule. ( participant )
Export and Import of Rough Diamonds Act — E-18.5
resident of Canada means an individual who ordinarily resides in Canada or a corporation that has its head office, or operates a branch office, in Canada. ( résident du Canada )
Export and Import of Rough Diamonds Act — E-18.5
rough diamond means a diamond that is unsorted, unworked or simply sawn, cleaved or bruted, and that falls under subheading 7102.10, 7102.21 or 7102.31 in the List of Tariff Provisions set out in the schedule to the Customs Tariff, but does not include diamonds that are of a class prescribed by regulation. ( diamant brut )
Export and Import of Rough Diamonds Act — E-18.5 3
Amendment of schedule 3 The Minister may, by order, amend the schedule by adding the name of a state, international organization of states or dependent territory of a state, or a customs territory, that participates in the Kimberley Process or by deleting the name of an entity that ceases to participate in that Process.
Export and Import of Rough Diamonds Act — E-18.5 4
Disclosure 4 For the purpose of administering this Act, the Minister may disclose any information received in an application for a Canadian Certificate or gathered in the course of an inspection under this Act if the Minister considers the disclosure to be in the public interest, taking into account the competitive position of the individual, corporation, partnership, trust, organization or association of persons affected by the disclosure.
Export and Import of Rough Diamonds Act — E-18.5 5
Statistics 5 The Minister may collect, compile and use statistics respecting Canadian Certificates and Kimberley Process Certificates accompanying imports into Canada for analysis, study or exchange with other participants. The Minister may also publish those statistics in any form and manner that the Minister considers appropriate. 2002, c. 25, s. 5; 2005, c. 51, s. 2
Export and Import of Rough Diamonds Act — E-18.5 6
Delegation of ministerial powers, duties and functions 6 The Minister may authorize any person, subject to any terms and conditions that the Minister may specify, to exercise or perform on the Minister’s behalf a power of the Minister under any other provision of this Act except section 3, subsection 7(1) and section 35.
Export and Import of Rough Diamonds Act — E-18.5 7
Designation of inspectors and investigators 7 (1) The Minister may designate as an inspector for the administration of this Act, or as an investigator for the enforcement of this Act, any person or class of persons that the Minister considers qualified. Designation document (2) The Minister must give every person designated under subsection (1) a designation document specifying the terms and conditions of their designation.
Export and Import of Rough Diamonds Act — E-18.5 8
Requirements for exporting rough diamonds 8 (1) Every person who exports rough diamonds must ensure that, on export, they are in a container that meets the requirements of the regulations and are accompanied by a Canadian Certificate. Rough diamonds to be parcelled separately (2) Every person who exports rough diamonds must ensure that, on export, the rough diamonds in the container are not parcelled with diamonds excluded from the definition rough diamond or with anything else. 2002, c. 25, s. 8; 2005, c. 51, s. 3
Export and Import of Rough Diamonds Act — E-18.5 9
Issuance of Canadian Certificate 9 (1) On receiving an application for a Canadian Certificate from a resident of Canada for the export of rough diamonds, the Minister must (a) if the application meets the requirements of the regulations and of subsection (2), issue a Canadian Certificate; (b) if the application does not meet the requirements of the regulations, send a notice to the applicant containing written reasons for the deficiency; or (c) if the application does not meet the criteria in subsection (2), reject the application and send to the applicant written reasons for the rejection. Criteria (2) Before issuing a Canadian Certificate, the Minister must be satisfied that (a) the export is to a participant; (b) the information contained in the application is accurate; (c) the rough diamonds in respect of which the application is made originated in Canada, were extracted from mineral concentrates in Canada, were imported from a participant or were in Canada at the time of the coming into force of this section; and (d) the fees established by the regulations for the issuance of the certificate have been paid.
Export and Import of Rough Diamonds Act — E-18.5 10
Notice of deficiency 10 If an applicant who receives a notice under paragraph 9(1)(b) does not remedy the deficiency within such time as the Minister considers reasonable, the Minister may reject the application.
Export and Import of Rough Diamonds Act — E-18.5 11
Replacement certificate 11 If any information appearing on a Canadian Certificate is inaccurate or has changed, the Minister may, on application by the holder of the certificate made in accordance with the regulations, issue a replacement certificate.
Export and Import of Rough Diamonds Act — E-18.5 12
Invalidation of Canadian Certificate 12 If the Minister determines that information provided by an applicant in order to obtain a Canadian Certificate, or information appearing on the certificate, is inaccurate or has changed, the Minister may invalidate the certificate.
Export and Import of Rough Diamonds Act — E-18.5 13
Reporting 13 (1) Every person who exports rough diamonds must report the export to the Minister in accordance with the regulations. Points of exit (2) Every person who exports rough diamonds must do so at a point of exit designated under the regulations, if any.
Export and Import of Rough Diamonds Act — E-18.5 14
Requirements for importing rough diamonds 14 (1) Every person who imports rough diamonds must ensure that, on import, they are in a container that meets the requirements of the regulations and are accompanied by a Kimberley Process Certificate that (a) was issued by a participant; (b) has not been invalidated by the participant; and (c) contains accurate information. Rough diamonds to be parcelled separately (2) Every person who imports rough diamonds must ensure that, on import, the rough diamonds in the container are not parcelled with diamonds excluded from the definition rough diamond or with anything else. 2002, c. 25, s. 14; 2005, c. 51, s. 4
Export and Import of Rough Diamonds Act — E-18.5 15
Return of imported rough diamonds 15 (1) If imported rough diamonds arrive in Canada accompanied by a Kimberley Process Certificate that meets the requirements of subsection 14(1) but are in a container that has been opened, the Minister may order the person who imported the rough diamonds to return them to the participant who issued the certificate. Exception (2) If the Minister orders the return of the rough diamonds, they may not be seized. 2002, c. 25, s. 15; 2005, c. 51, s. 5
Export and Import of Rough Diamonds Act — E-18.5 16
Reporting 16 (1) Every person who imports rough diamonds must report the import to the Minister in accordance with the regulations. Point of entry (2) Every person who imports rough diamonds must do so at a point of entry designated under the regulations, if any.
Export and Import of Rough Diamonds Act — E-18.5 17
Seizure of in-transit rough diamonds 17 (1) An investigator may seize in-transit rough diamonds if they are not accompanied by a Kimberley Process Certificate or are in a container that has been opened. Return of in-transit rough diamonds (2) The Minister may order in-transit rough diamonds accompanied by a Kimberley Process Certificate to be returned to the participant who issued the certificate if they arrive in Canada in a container that has been opened. No seizure in case of return (3) If the Minister orders their return, the rough diamonds may not be seized.
Export and Import of Rough Diamonds Act — E-18.5 18
Interpretation 18 For the purposes of this Act, in-transit rough diamonds are deemed not to be imported or exported.
Export and Import of Rough Diamonds Act — E-18.5 19
Powers 19 (1) For the purpose of administering this Act, an inspector may (a) enter and inspect any place or conveyance, other than a dwelling-place, where the inspector has reason to believe that there are rough diamonds to which this Act applies or any record, book of account or other document or data relevant to the administration of this Act; (b) open or cause to be opened any package or container that the inspector has reason to believe contains anything referred to in paragraph (a); (c) require any person to present anything referred to in paragraph (a) for inspection in the manner and under any conditions that the inspector considers necessary to carry out the inspection; (d) require any person to present any document or thing that may serve to establish the identity of the person or the origin of the rough diamonds; (e) examine rough diamonds or any other things related to rough diamonds; (f) examine any record, book of account or other document or data that the inspector has reason to believe contains information that is relevant to the administration of this Act and make copies of any of them; and (g) take measurements of rough diamonds and conduct tests or analyses that do not affect their value. Operation of computer and copying equipment (2) In exercising any of the powers referred to in subsection (1), an inspector may (a) use any computer or data processing system to examine any data contained in or available to the computer or system; (b) reproduce any record from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and (c) use any equipment at the place to make copies of any data or any record, book of account or other document.
Export and Import of Rough Diamonds Act — E-18.5 20
Stopping a conveyance 20 An inspector may stop a conveyance or direct that it be moved to a place where an inspection may be carried out if the inspector has reason to believe that it contains rough diamonds to which this Act applies or any record, book of account or other document or data that is relevant to the administration of this Act.
Export and Import of Rough Diamonds Act — E-18.5 21
Production of designation document 21 When exercising their powers under this Act, inspectors must, on request, show their designation document.
Export and Import of Rough Diamonds Act — E-18.5 22
Duty to assist 22 The owner or person in charge of a place or conveyance that is entered by an inspector and every person found there must give the inspector all reasonable assistance to enable the inspector to exercise his or her powers and carry out his or her duties and provide the inspector with any information relevant to the administration of this Act that the inspector requires.
Export and Import of Rough Diamonds Act — E-18.5 23
Designation document to be produced 23 When exercising their enforcement powers, investigators must, on request, show their designation document.
Export and Import of Rough Diamonds Act — E-18.5 24
Entry 24 When exercising their enforcement powers, investigators may enter on and pass through or over private property.
Export and Import of Rough Diamonds Act — E-18.5 25
Notice of reason for seizure 25 An investigator or a peace officer who seizes rough diamonds or other things must, as soon as is practicable, advise their owner, or the person having the possession, care or control of them at the time of the seizure, of the reason for the seizure and that an application may be made for their return under subsection 27(4).
Export and Import of Rough Diamonds Act — E-18.5 26
Storage or removal 26 The investigator or peace officer may store the rough diamonds or other things seized at the place where they were seized or remove them to a secure place for storage.
Export and Import of Rough Diamonds Act — E-18.5 27
Duration of detention 27 (1) Subject to subsection (3), rough diamonds or other things seized may not be detained after (a) an investigator determines that they meet the requirements of this Act; or (b) the expiry of a period of 180 days after the day of their seizure. Return of rough diamonds if no proceedings (2) If no prosecution under this Act has been instituted on the expiry of the 180-day period, the rough diamonds or other things seized must be returned to their owner or the person having the possession, care or control of them at the time of their seizure. Exception (3) If a prosecution under this Act is instituted, the rough diamonds and other things seized may be detained until the proceedings are concluded. Application for return (4) If a prosecution under this Act is instituted and rough diamonds or other things have been seized but not forfeited, their owner or the person having the possession, care or control of them at the time of their seizure may apply to the court before which the proceedings are being held for an order that the rough diamonds or other things be returned. Order (5) After hearing the application, the court may order the rough diamonds or other things seized to be returned if the court is satisfied that sufficient evidence exists or may reasonably be obtained without further detaining them. Return of rough diamonds on acquittal (6) If the accused is acquitted, the court may order that the rough diamonds or other things seized be returned to their owner or the person having the possession, care or control of them at the time of their seizure.
Export and Import of Rough Diamonds Act — E-18.5 28
Forfeiture of rough diamonds and other things 28 If a person is convicted of an offence under this Act, the convicting court may, on its own motion or at the request of any party to the proceedings, in addition to any punishment imposed, order the forfeiture to Her Majesty in right of Canada of rough diamonds or other things seized, by means of or in relation to which the offence was committed.
Export and Import of Rough Diamonds Act — E-18.5 29
Consensual forfeiture 29 If the owner of rough diamonds or other things seized consents at any time to their forfeiture, they are forfeited to Her Majesty in right of Canada.
Export and Import of Rough Diamonds Act — E-18.5 30
Forfeiture certificate 30 If rough diamonds or other things are forfeited under this Act, the Minister shall provide their former owner or the person having the possession, care or control of them at the time they were seized with a forfeiture certificate.
Export and Import of Rough Diamonds Act — E-18.5 31
Disposition of rough diamonds forfeited 31 Rough diamonds or other things forfeited under this Act must be disposed of in the manner prescribed by the regulations.
Export and Import of Rough Diamonds Act — E-18.5 32
Return of things seized if no forfeiture 32 (1) If rough diamonds or other things seized are not forfeited under this Act, they must be returned to their owner or the person having the possession, care or control of them at the time of their seizure. Exception (2) If the owner of rough diamonds or other things seized or the person having the possession, care or control of them at the time of their seizure is convicted of an offence under this Act and a fine is imposed, the rough diamonds or other things may be retained until the fine is paid.
Export and Import of Rough Diamonds Act — E-18.5 33
Liability for costs 33 (1) Persons convicted of an offence under this Act are jointly and severally, or solidarily, liable for all the costs relating to the seizure, detention or forfeiture of rough diamonds or other things incurred by Her Majesty in right of Canada in excess of the net proceeds of disposition, if any. Debt due to Her Majesty (2) The costs referred to in subsection (1) are debts due to Her Majesty, and proceedings to recover them may be instituted in a court of competent jurisdiction at any time within five years after the time they were incurred.