Civil International Space Station Agreement Implementation Act (S.C. 1999, c. 35)

Short Title

Marginal note:Short title

1 This Act may be cited as the Civil International Space Station Agreement Implementation Act.

Interpretation

Marginal note:Definitions

2 The definitions in this section apply in this Act.

Agreement

Agreement means the Agreement among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning Cooperation on the Civil International Space Station, entered into on January 29, 1998, set out in the schedule, as amended from time to time under article 27 of the Agreement. (Accord)

Minister

Minister, in respect of any provision of this Act, means the member or members of the Queen’s Privy Council for Canada designated as the Minister or Ministers for the purpose of that provision. (ministre)

General

Marginal note:Purpose

3 The purpose of this Act is to fulfil Canada’s obligations under the Agreement.

Marginal note:Binding on Her Majesty

4 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Order designating Minister

5 The Governor in Council may, by order, designate one or more members of the Queen’s Privy Council for Canada as the Minister or Ministers for the purpose of any provision of this Act.

Marginal note:Delegation of powers

6 The Minister may delegate any powers, duties and functions conferred on the Minister by or under this Act to one or more persons who shall exercise those powers and perform those duties and functions, subject to any terms and conditions that the Minister specifies.

Information

Marginal note:Notice for disclosure of information

• 7 (1) The Minister may send a notice to any person that the Minister believes, on reasonable grounds, has information or documents relevant to the administration or enforcement of this Act, requesting the person to provide, within any reasonable period that the Minister specifies, that information or those documents to the Minister or any person that the Minister designates.

• Marginal note:Application for court order

  (2) If a person objects to providing or fails to provide the Minister or a designated person, as the case may be, with any requested information or a requested document within the specified period, the Minister may apply to a judge of a superior court of a province or of the Federal 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.

• Marginal note:Order

  (4) On hearing the application, the judge may order the person to provide the information or document if the judge concludes that, in the circumstances of the case,

  • (a) the production of the document or information is necessary to ensure Canada’s compliance with the Agreement; and

  • (b) the public interest in the production of the document or information outweighs in importance any privacy interest of the person.

Marginal note:Prohibition

• 8 (1) No person in possession of information or a document that has been provided under this Act or the Agreement and that is subject to a claim that it is confidential shall knowingly, without the written consent of the person who provided it, communicate it or allow any person to have access to it.

• Marginal note:Exceptions

  (2) Despite subsection (1), a person in possession of information or a document that has been provided under this Act or the Agreement and that is subject to a claim that it is confidential may communicate it or allow any person to have access to it if

  • (a) the public interest in the communication or access in relation to public health or public safety outweighs in importance any financial loss or prejudice to the competitive position of any person or any harm to the privacy interests, reputation or human dignity of any individual likely to be caused by that communication or access; or

  • (b) the communication or access is necessary for the purpose of the administration or enforcement of this Act or any other Act of Parliament or of giving effect to the Agreement.

• Marginal note:Compelled production

  (3) Despite any other Act or law, a person may not be compelled to produce or give evidence about any information or a document that has been provided under this Act or the Agreement and that is subject to a claim that it is confidential, unless the proceeding in which the evidence is sought to be compelled relates to the enforcement of this Act or another Act of Parliament.

Regulations

Marginal note:Regulations

9 The Governor in Council may make regulations that the Governor in Council considers necessary for carrying out the purposes of this Act and giving effect to the Agreement, including the code of conduct and a memorandum of understanding or another implementing arrangement that the Agreement refers to.

Amendments to the Agreement

Marginal note:Amendment to schedule

10 The Minister shall, by order, amend the schedule to incorporate any amendment to the Agreement as soon as it is feasible after the amendment takes effect, and shall cause the amendment to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the order is made.

Related Amendments

11 and 12 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*13 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force May 1, 2000, see SI/2000-27.]