DESTRUCTION OF ANTI-PERSONNEL MINES
Marginal note:Transfer for destruction
8. Every person, other than Her Majesty in right of Canada, who possesses an anti-personnel mine that the person is prohibited by section 6 from possessing shall without delay deliver it, for destruction, to such person as may, by order, be designated by the Minister.
Marginal note:Destruction of mines
9. Subject to section 10, the Minister shall ensure the destruction of all anti-personnel mines stockpiled by Her Majesty in right of Canada or that are delivered under section 8 for destruction.
Marginal note:Authorization by Minister
10. The Minister may authorize a number of anti-personnel mines to be placed, acquired, possessed or transferred by any person for the development of, and training in, mine detection, mine clearance or mine destruction techniques, but the number of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes.
REQUEST FOR INFORMATION
Marginal note:Notice for disclosure of information
11. (1) The Minister may send a notice to any person who the Minister believes on reasonable grounds has information or documents relevant to the administration or enforcement of this Act, or information that Canada is required by Article 7 of the Convention to report to the Secretary-General of the United Nations, requesting the person to provide the information or documents to the Minister, or to such person as may be designated by the Minister, within a reasonable time specified in the notice.
Marginal note:Application for court order
(2) If a person objects to providing or fails to provide any requested document or information within the specified time, the Minister may apply to a judge of a superior court for an order requiring the person to provide it.
Marginal note:Notice of hearing
(3) The Minister shall give the person at least seven days notice of the hearing of the application.
(4) On hearing the application, the judge may order the person to provide the document or information if the judge concludes that, in the circumstances of the case, the production of the document or information is necessary to ensure Canada’s compliance with the Convention and that the public interest outweighs in importance the privacy interest of the person.
- 1997, c. 33, s. 11;
- 2002, c. 8, s. 114.
Marginal note:Fact-finding missions
12. (1) If a fact-finding mission to Canada is authorized under Article 8 of the Convention, the Minister shall issue to every member of the fact-finding mission a certificate
(a) identifying the member by name and indicating the member’s status and authority to conduct a fact-finding mission in Canada;
(b) stating that the member enjoys the privileges and immunities under Article VI of the Convention on the Privileges and Immunities of the United Nations, adopted on February 13, 1946; and
(c) setting out such other information and any conditions applicable to the member’s fact-finding activities in Canada as the Minister considers advisable.
Marginal note:Identification required
(2) Every member of the fact-finding mission who wishes to inspect a place in Canada shall, on request of the person in charge of the place to be inspected by that member, show the certificate to that person.
Marginal note:Import and export of equipment
(3) The members of the fact-finding mission may import free of duty and tax any equipment to be used exclusively in carrying out their mission, and they may subsequently export the equipment free of duty and tax.
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