An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments) (S.C. 2018, c. 26)
Full Document:
- HTMLFull Document: An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments) (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments) [354 KB]
Assented to 2018-12-13
R.S., c. E-19Export and Import Permits Act (continued)
Amendments to the Act (continued)
Marginal note:1991, c. 28, s. 5(1)
16 (1) The portion of subsection 19(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Offence and penalty
Marginal note:2004, c. 15, s. 63
(2) Subsection 19(3) of the Act is replaced by the following:
Marginal note:Consent of Attorney General
(2.1) No proceedings for an offence in respect of the contravention of subsection 14.2(1) that is deemed to have been committed in Canada under subsection 14.2(3) may be commenced without the consent of the Attorney General of Canada.
Marginal note:Factors to be considered when imposing sentence
(3) If an offender is convicted or discharged under section 730 of the Criminal Code in respect of an offence under this Act, the court imposing a sentence on or discharging the offender shall, in addition to considering any other relevant factors, consider the nature and value of the exported or transferred goods or technology, or the imported goods, that are the subject-matter of the offence or, in the case of a contravention of subsection 14.2(1), the goods or technology to which the offence relates.
17 Sections 20 and 21 of the Act are replaced by the following:
Marginal note:Officers, etc., of organization
20 If an organization commits an offence under this Act, any officer or director of the organization that directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the organization has been prosecuted or convicted.
Marginal note:Applicant for permit for non-resident
21 If a permit, other than a brokering permit, is issued under this Act to a person who has applied for it for, on behalf of, or for the use of, another person who is not a resident of Canada and that other person commits an offence under this Act, the person who applied for the permit is, whether or not the non-resident has been prosecuted or convicted, guilty of the like offence and liable, on conviction, to the punishment provided for the offence, on proof that the act or omission constituting the offence took place with the knowledge or consent of the person who applied for the permit or that the person who applied for the permit failed to exercise due diligence to prevent the commission of the offence.
18 (1) Subsection 22(1) of the English version of the Act is replaced by the following:
Marginal note:Venue
22 (1) Any proceeding in respect of an offence under this Act may be instituted, tried or determined at the place in Canada where the offence was committed or at the place in Canada in which the accused is, resides or has an office or place of business at the time of institution of the proceedings.
(2) Paragraph 22(2)(a) of the Act is replaced by the following:
(a) an information may include more than one offence committed by the same person or organization;
19 The Act is amended by adding the following after section 23:
Marginal note:Evidence — Brokering Control List
23.1 (1) The original or a copy of a bill of lading, customs form, commercial invoice or other document is admissible in evidence in any prosecution under this Act in respect of any goods or technology included in a Brokering Control List if it appears from the document that
(a) the goods or technology was sent or shipped from a foreign country or the goods or technology was destined for a foreign country;
(b) a person or organization, as shipper, consignor or consignee, sent or shipped the goods or technology from a foreign country or brought the goods or technology into foreign country; or
(c) the goods or technology were sent or shipped to a destination or to a person or organization other than as authorized in the brokering permit relating to the goods or technology.
Marginal note:Proof of the facts
(2) In the absence of evidence to the contrary, a document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the document.
Marginal note:R.S., c. 1 (2nd Supp.), s. 213(1) (Sch. I, subitem 4(2)); amended, 1995, c. 5, par. 26(1)(b) and 2013, c. 33, par. 195(1)(b)
20 Section 26 of the Act is repealed.
21 Section 27 of the Act and the heading before it are replaced by the following:
Reports to Parliament
Marginal note:Annual reports
27 No later than May 31 of each year, the Minister shall prepare and cause to be laid before each House of Parliament a report of the operations under this Act for the preceding year and a report in respect of arms, ammunition, implements and munitions of war, that were exported in the preceding year under the authority of and in accordance with an export permit issued under subsection 7(1).
Transitional Provision
Marginal note:Automatic Firearms Country Control List
22 Every country that is included in the Automatic Firearms Country Control List, as defined in subsection 2(1) of the Export and Import Permits Act, immediately before the day on which section 5 of this Act comes into force is deemed to have been included in that list, on that day, under section 4.1 of the Export and Import Permits Act, as enacted by that section 5.
Amendment to the Criminal Code
23 Paragraph (h) of the definition offence in section 183 of the Criminal Code is amended by adding the following after subparagaph (ii):
(ii.1) section 14.2 (broker or attempt to broker),
Coming into Force
Marginal note:Order in council
24 The provisions of this Act, other than section 20, come into force on a day or days to be fixed by order of the Governor in Council.
- Date modified: