Civil Lunar Gateway Agreement Implementation Act (S.C. 2022, c. 10, s. 294)

Short Title

Marginal note:Short title

1 This Act may be cited as the Civil Lunar Gateway Agreement Implementation Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Agreement

Agreement means the Memorandum of Understanding between the Government of Canada and the Government of the United States of America concerning Cooperation on the Civil Lunar Gateway, entered into on December 15, 2020, as amended from time to time under article 22 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 are to exercise those powers and perform those duties and functions, subject to any terms and conditions that the Minister specifies.

Information

Marginal note:Power to order production

• 7 (1) The Minister may, by order, require any person that the Minister believes, on reasonable grounds, has information or documents relevant to the administration or enforcement of this Act, to provide that information or those documents to the Minister or any person that the Minister designates.

• Marginal note:Order

  (2) Every person to whom an order under subsection (1) is directed must provide the information or documents that are required by the order in the time and manner specified in it.

• Marginal note:Non-application of Statutory Instruments Act

  (3) The Statutory Instruments Act does not apply to an order issued under subsection (1).

Marginal note:Prohibition

• 8 (1) It is prohibited for a person who obtained information or a document under this Act or the Agreement that is subject to a claim that it is confidential to communicate it, allow its recommunication or allow any person to have access to it without the written consent of the person who provided it.

• Marginal note:Exceptions

  (2) Despite subsection (1), a person may communicate or allow any person to have access to 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 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 is not to be compelled to give or produce evidence relating to 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.

Marginal note:Goods and data

9 Despite any other Act or law, any person who receives goods or data referred to in Article 19.4 of the Agreement must, upon completion of the activities to which they relate, destroy or return them in accordance with the instructions of the party that provided them.

Marginal note:Compliance order

• 10 (1) If the Minister believes on reasonable grounds that a person who has received information or documents under the Agreement is contravening, or is likely to contravene, section 8 or 9, the Minister may, by order, require the person to return the information or the documents in question to the person who provided them or to dispose of them in the manner the Minister deems appropriate in the circumstances.

• Marginal note:Order

  (2) Every person to whom an order under subsection (1) is directed must return the information or documents, or dispose of them, in the time and manner specified in the order.

• Marginal note:Non-application of Statutory Instruments Act

  (3) The Statutory Instruments Act does not apply to an order issued under subsection (1).

Marginal note:Interpretation

11 For the purposes of sections 7, 8 and 10, information and documents are deemed to include goods or data referred to in Article 19.4 of the Agreement.

Regulations

Marginal note:Regulations

12 The Governor in Council may make regulations that the Governor in Council considers necessary for carrying out the purposes of this Act or giving effect to the Agreement, including the code of conduct, memorandums of understanding and other implementing arrangements that the Agreement refers to.