An Act to implement 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 and to make related amendments to other Acts
Civil Lunar Gateway Agreement Implementation Act
C-31.410, s. 2942022
[Enacted by section 294 of chapter 10 of the Statutes of Canada, 2022, in force October 26, 2022, see SI/2022-51.]
Short Title
Short title
1
This Act may be cited as the Civil Lunar Gateway Agreement Implementation Act.
Interpretation
Definitions
2
The following definitions apply in this Act.
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, 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
Purpose
3
The purpose of this Act is to fulfil Canada’s obligations under the Agreement.
Binding on Her Majesty
4
This Act is binding on Her Majesty in right of Canada or a province.
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.
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
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.
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.
Non-application of Statutory Instruments Act
(3)
The Statutory Instruments Act does not apply to an order issued under subsection (1).
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.
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.
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.
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.
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.
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.
Non-application of Statutory Instruments Act
(3)
The Statutory Instruments Act does not apply to an order issued under subsection (1).
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
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.
Civil Lunar Gateway Agreement Implementation Act
C-31.410, s. 2942022
[Enacted by section 294 of chapter 10 of the Statutes of Canada, 2022, in force October 26, 2022, see SI/2022-51.]
Short Title
Short title
1
This Act may be cited as the Civil Lunar Gateway Agreement Implementation Act.
Interpretation
Definitions
2
The following definitions apply in this Act.
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, 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
Purpose
3
The purpose of this Act is to fulfil Canada’s obligations under the Agreement.
Binding on Her Majesty
4
This Act is binding on Her Majesty in right of Canada or a province.
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.
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
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.
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.
Non-application of Statutory Instruments Act
(3)
The Statutory Instruments Act does not apply to an order issued under subsection (1).
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.
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.
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.
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.
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.
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.
Non-application of Statutory Instruments Act
(3)
The Statutory Instruments Act does not apply to an order issued under subsection (1).
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
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.