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An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety (S.C. 2004, c. 15)

Assented to 2004-05-06

  • 28. (1) The portion of subsection 201(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:Remedial measures

    • 201. (1) Subject to any regulations made under subsection 200(1) or any interim orders made under section 200.1, if there occurs an environmental emergency in respect of a substance on a list established under the regulations or interim orders, any person described in subsection (2) shall, as soon as possible in the circumstances,

      • (a) notify an enforcement officer or any other person designated by regulation or interim order and provide a written report on the environmental emergency to the enforcement officer or other person;

  • (2) Subsection 201(3) of the Act is replaced by the following:

    • Marginal note:Report by other persons

      (3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report an environmental emergency to an enforcement officer or to a person designated by regulation or interim order if their property is affected by the environmental emergency.

29. Subsection 202(1) of the Act is replaced by the following:

Marginal note:Voluntary report

  • 202. (1) If a person knows about an environmental emergency but the person is not required to report the matter under this Act, the person may report any information about the environmental emergency to an enforcement officer or to a person designated by regulation or interim order.

30. The portion of section 331 of the Act before paragraph (a) is replaced by the following:

Marginal note:Exemption from Statutory Instruments Act

331. An interim order made under section 94, 163, 173, 183 or 200.1

31. Subsection 332(1) of the Act is replaced by the following:

Marginal note:Publication of proposed orders and regulations

  • 332. (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in section 66, 87, 105 or 112 or an interim order made under section 94, 163, 173, 183 or 200.1.

PART 4

Marginal note:R.S., c. C-46

CRIMINAL CODE

32. The Criminal Code is amended by adding the following after section 83.23:

Hoax Regarding Terrorist Activity

Marginal note:Hoax — terrorist activity

  • 83.231 (1) Every one commits an offence who, without lawful excuse and with intent to cause any person to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property,

    • (a) conveys or causes or procures to be conveyed information that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing the information to be true; or

    • (b) commits an act that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing that such activity is occurring or will occur.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Causing bodily harm

    (3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Marginal note:Causing death

    (4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.