Nuclear Terrorism Act

An Act to amend the Criminal Code

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Criminal Code to create four new offences relating to nuclear terrorism in order to implement the Amendment to the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-9s:

S-9 (2022) Law An Act to amend the Chemical Weapons Convention Implementation Act
S-9 (2010) Law Tackling Auto Theft and Property Crime Act
S-9 (2004) An Act to amend the Copyright Act
S-9 (2004) Louis Riel Act
S-9 (2002) Louis Riel Act
S-9 (2001) Marriage Act

Votes

May 21, 2013 Passed That the Bill be now read a third time and do pass.

Business of the HouseOral Questions

February 14th, 2013 / 3:10 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I welcome the implicit offer of assistance from the House Leader of the Official Opposition.

I look forward to discussions with him later on the possibility of moving forward both Senate reform and Bill C-12 on a unanimous consent basis straight to committee. I would be happy to do that with him.

This afternoon we will continue debating the Liberal opposition day motion. Tomorrow we will hopefully finish second reading of Bill C-48, the Technical Tax Amendments Act, 2012, a measure supported by all three parties. After that we will turn to third reading of Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act; third reading of Bill S-7, the Combating Terrorism Act; and second reading of Bill S-12, the Incorporation by Reference in Regulations Act.

When we return from our constituency week on Monday, February 25, we will start second reading of Bill C-55, the Response to the Supreme Court of Canada Decision in R. v. Tse Act. This bill needs to be passed by mid-April before the Supreme Court ruling takes effect, which would render the important powers available to police ineffective.

After Bill C-55, we will consider Friday's unfinished business.

Tuesday, February 26, shall be the fifth allotted day, which will go to the Official Opposition, and it will therefore choose the subject of debate.

On Wednesday and Thursday, we will continue debating the bills I have already listed.

Additionally, Bill C-47, Northern Jobs and Growth Act, was reported back from committee yesterday, and I anticipate Bill S-9, Nuclear Terrorism Act, will be reported back soon. So we could also call these bills at report stage and third reading, if we have extra time next week.

Finally, on Friday, March 1, the House will start the second reading debate on Bill C-54, Not Criminally Responsible Reform Act. The Prime Minister announced this bill last week as part of our efforts to ensure we have a justice system that puts the rights of victims first.

Business of the HouseOral Questions

November 29th, 2012 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I will first wish my former Liberal counterpart, the hon. member for Westmount—Ville-Marie, well on his newest mission.

Yesterday was probably an auspicious day for the former astronaut to launch a Liberal leadership campaign. A member of my staff has told me that November 28 was Red Planet Day. While the member's ideas and proposals will no doubt be well suited for the red party, it is yet to be determined whether they will actually be better suited for Mars or for Earth. We will wait and see.

The hon. member for Papineau might want to be aware of the House leader bump. My first NDP counterpart after the election now resides in Stornoway. Meanwhile, I want to welcome and congratulate the new Liberal House leader, the hon. member for Beauséjour. I look forward to continuing the very positive relationship that I enjoyed working together with his predecessor. I genuinely and sincerely wish his predecessor the best of luck.

I am sure that the new House leader will be keen to hear that we will resume the report stage debate on Bill C-45, the jobs and growth act, 2012, this afternoon.

After almost 4,600 votes in the House and committee on our 2012 economic action plan, I am pleased to say that we are in the home stretch of implementing our budget for this year.

Canadians will soon see important measures such the hiring credit for small business extended, greater tax relief for investing in clean energy, and strengthened registered disability savings plan rules.

To the great chagrin of the New Democrats no doubt, Canadians will still not see within that budget a $21.5 billion job killing carbon tax or the $6 billion GST tax grab that I know they wish to see implemented. It does not matter how many hundreds of amendments they put forward, we simply will not accede to their tax and spend initiatives.

The House will consider Bill C-45 on Monday, Tuesday and Wednesday next week.

We will resume second reading debate on Bill S-9, the nuclear terrorism act, tomorrow. We will get back to second reading of Bill C-15, the strengthening military justice in the defence of Canada act, if we have time.

On Thursday and Friday next week, we will work through a number of bills before the House, including: Bill C-43, the faster removal of foreign criminals act, which was reported back from committee this morning; Bill C-37, the increasing offenders' accountability for victims act; Bill S-7, the combating terrorism act, should it be reported back from committee; and the other bills I have mentioned, if we have not had a chance to wrap up those debates.

Finally, for the benefit of the House and particularly committees meeting on the supplementary estimates, I am planning for the last supply day of this fall to be on Monday, December 10. I expect that I will get back to the House next week at some point to designate that date formally.

Business of the HouseOral Questions

November 1st, 2012 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, while I do not know anything about a so-called deal that the NDP House leader talked about, I do know the Conservative Parliamentary Secretary to the Minister of Finance announced a process she was going to recommend to the finance committee to allow study of the bill, which I understand was adopted yesterday. It is a large bill, but it is not as large, of course, as the one that the Leader of the Opposition had when he was part of the cabinet in Quebec.

However, that being said, it is important that it be studied.

Consequently, as our government proposed, next week, 11 committees, including the finance committee, will study the important and necessary economic measures proposed in Bill C-45, the Jobs and Growth Act, 2012.

Yesterday, the finance committee got to work on this bill, not even 24 hours after the House passed it at second reading. This bill will implement key measures, like an extension of the small business hiring tax credit; and let me assure the House, it will definitely not implement the New Democrats' $21.5 billion, job-killing carbon tax.

Turning to business in the chamber, we will start second reading of Bill S-8, the Safe Drinking Water for First Nations Act, momentarily. I think it will be today.

Tomorrow, we will start report stage—and, ideally, third reading—of Bill C-24, the Canada–Panama Economic Growth and Prosperity Act.

As a former trade minister, I can tell you that the NDP is opposed to free trade. They have made that clear numerous times by dragging out debate, delaying and voting against free trade agreements here in the House. In fact, the hon. member for British Columbia Southern Interior outlined his party's position when he stated that “trade agreements threaten the very existence of our nation.” That is the NDP position.

We will continue debating free trade with Panama next week, on Tuesday and Wednesday. This bill will finally put into law our free trade agreement—an agreement which was signed here in Ottawa almost two-and-a-half years ago.

On Monday, we will resume the second reading debate on Bill S-9, the Nuclear Terrorism Act, before question period. Based on the speeches we heard the last time it was before the House, I hope that these two extra hours of debate will be sufficient for it to proceed to committee.

After question period on Monday, we will see Bill C-36, the Protecting Canada's Seniors Act to combat elder abuse, considered at report stage and, hopefully, third reading.

Also Monday will be the day designated, pursuant to Standing Order 66(2)(a), for resuming the adjourned debate on the seventh report of the Standing Committee on Government Operations and Estimates.

Finally, next Thursday, we will consider Bill C-44, the Helping Families in Need Act, which I understand was considered clause by clause at the human resources committee this morning. Given the unanimous endorsement the bill received at second reading, I hope it could pass and be sent to the other place before we rise for the constituency week.

Combating Terrorism ActGovernment Orders

October 17th, 2012 / 5:05 p.m.


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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, before beginning my speech on Bill S-7, I would like to say something. Given that the government considers this bill so important and so significant, I think it is a shame that I find myself once again this week making a speech about it. On Monday, I spoke about Bill S-9. Both of these bills were introduced by the Senate.

I was elected on May 2, 2011, in a democratic electoral system. I was not appointed to a seat on an honorary basis just because I was a close friend to the Conservatives. Ministers should spend less time discussing bills before Senate committees and spend more time reporting to House of Commons committees and providing evidence to duly elected members.

We are opposed to Bill S-7. I would like to tell the government that, instead of getting the so-called other chamber to pass its bills, it should do so itself. If terrorism is so important to the government, why does the Senate have to take the lead after several years and introduce Bill S-9?

The government always says that talking is all well and good, but it is taking action. That is not true, because obviously the Senate is doing the government's work. Either the government does not want to admit that its resources are inadequate, or its priorities are different than it says, for instance, in terms of Canadians’ security.

Bill S-9 deals with food safety. According to the Minister of Agriculture, food safety is one of the government's priorities. If food safety is a priority for the government, why did the Senate have to draft the bill?

I would like to know why the government does not face up to its responsibilities instead of letting the Senate do all the work.

I would now like to begin my speech on Bill S-7, which concerns the important issue of terrorism.

Nowadays, people will cry terrorism at the slightest provocation, but the concept remains vague. It is used quite frequently to create a climate of insecurity. In fact, it is meant to create a climate of fear. As I said yesterday, the Conservatives have often used the concept of terrorism whenever they felt like it to justify the policies or decisions they made that were criticized by the public. The concept of terrorism creates fear, and more fear; it is a vicious circle. This is exactly what Bill S-7 does; it nurtures a climate of fear. It is a rather twisted approach and a concept that remains vague and is meant to make us believe that our rights and freedoms are much better served if they are taken away from us.

Moreover, I would like to point out that these provisions expired four years ago. We have not required these provisions over the past four years. Why bring them back now? They have expired but, when it comes to priorities, the government is well known for making flagrant errors in judgment.

Let us be clear: nobody in the House, especially in the official opposition, supports terrorism. We understand the importance of keeping Canadians safe, and it is one of our top priorities. What we are criticizing here are the provisions contained in Bill S-7. We are critical of this bill's failure to strike any balance whatsoever between two equally important concepts: security and fundamental rights.

The government constantly engages in petty partisan politics by pitting two important notions against each other in order to create confusion in the minds of Canadians and force them to choose between two principles: fundamental rights and security. Yet, this government should guarantee both these principles.

The two principles are at the very heart of our democratic society. The government should ensure that they are upheld without putting one ahead of the other.

The NDP believes that it is important to take strong action against terrorism while also, as I said, respecting the rights and freedoms that are at the heart of our society, our system of justice and our democracy.

In the wake of the events of September 11, 2001, the Government of Canada responded, as it believed it should, and under extreme pressure from the United States, to what was an exceptional event. The legislation that was passed, although very strong, contained sunset clauses—and for good reason.

In the days and months that followed the attacks of September 11, the United States, with George W. Bush at the helm, declared war on terror. What I wish to stress here is that changes were made to some civil rights in the name of the war on terror, such as indefinite detention for presumed threats to national security, the creation of prisons, and even the legalization of torture, all shameful examples of the failure to respect fundamental human rights.

For example, the Geneva convention on the treatment of prisoners of war sets out fundamental rights. Omar Khadr is a case in point. He was imprisoned in Guantanamo as a mere teenager, which flies in the face of international law.

Canada's involvement in international conventions should never, under any circumstance, be taken lightly. It is very easy to forget our international obligations when the government chooses to do so. Child soldiers should never be imprisoned. This is an internationally recognized principle that Canada should stand up for, without exception.

Canada's involvement in this regard helps to combat terrorism while at the same time assisting in the eradication of child soldiers. Two such fundamental principles should never be pitted against each other. We have a charter of rights and freedoms. The United States may have a point of view that is different from ours, but here in Canada, our rights and values should prevail over any outside decision or influence. That is why it is important not to succumb to Orwellian paranoia, like our neighbour to the south.

The provisions regarding preventive arrest and interrogation techniques were subject to a sunset clause and expired in 2007. It is now 2012. These provisions were included in the Criminal Code for good reason. The balance between the need for security and civil rights is essential. We do not need others to tell us what standards we want to adopt, particularly when those standards infringe on our fundamental freedoms.

The NDP is of the opinion that Bill S-7 violates civil liberties and the most fundamental rights, particularly the right to remain silent and the right to not be imprisoned without a fair trial. I would like to remind the House of this.

Perhaps, over the past few years, the government members have forgotten to read our magnificent Charter of Rights and Freedoms. I strongly advise them to do so just to refresh their memories with regard to our values, the values upon which the Canada they hold so dear is built. The weight of the state should never be used against an individual to force him to testify against himself. Self-incrimination is internationally recognized as an illegal and undemocratic principle.

The Criminal Code contains the provisions required to investigate people who engage in criminal activity and to detain anyone who may pose an immediate threat to Canadians.

Combating Terrorism ActGovernment Orders

October 15th, 2012 / 12:40 p.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, we do indeed share these kinds of concerns. However, I would like to suggest that my colleague wait until I give my speech on Bill S-9 this afternoon. I do not want to give her a scoop because it is against my principles.

Right now, we are talking about Bill S-7, and Bill S-9 will be debated this afternoon. We do in fact have concerns about it, and we will see how all that plays out in Bill S-9.

Combating Terrorism ActGovernment Orders

October 15th, 2012 / 12:40 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank my hon. colleague for her presentation relating to Bill S-9, the nuclear terrorism act.

On September 26, we tabled before this House a Canada-China nuclear safety agreement, which will not come before this House for debate but which is related to this issue of nuclear safety.

I am very concerned that the agreement is not sufficient for Canada to meet the terms of the nuclear non-proliferation treaty in the sale of Canadian uranium to Chinese facilities. Under the nuclear non-proliferation treaty, we must be able to verify at all times that Canadian uranium will not go to nuclear weapons. A one-page promise from China, to me, does not meet the terms of the nuclear non-proliferation treaty.

I wonder if my colleagues from the official opposition share those concerns.

Business of the HouseOral Questions

October 4th, 2012 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I will begin by addressing Bill S-11, the food safety bill. It was introduced by this government in the Senate to bring about changes that would strengthen our food safety system further following the implementation of the 57 recommendations of the Weatherill report, which further strengthened our system.

I believe the comments, to which the member referred, by the Conservative caucus were not about the NDP obstructing the bill in the Senate but rather about statements that had been made by NDP members previously following the introduction of the bill that the NDP would oppose the bill. Of course, the issue we are looking forward to is having it pass successfully in the Senate. We hope that people will see the urgency more clearly, that we will get the support of the Liberals and that we will see its rapid passage here in the House. We would be delighted if we had support to do that very quickly from the NDP and other parties.

Now for the business ahead of us.

This afternoon, we will continue our safe streets and communities week with second reading debate on Bill C-43, Faster Removal of Foreign Criminals Act.

In last year's election, the Conservative Party promised to put a stop to foreign criminals relying on endless appeals in order to delay their removal. This bill follows through on our commitment to Canadians.

We will resume debate tomorrow, when I am optimistic, based on discussions, that debate will end—and, then, we will have concluded the first three weeks of our hard-working, productive and orderly fall sitting.

On our constituency week, I hope all members of Parliament and staff in this place will have an opportunity relax. Many of our pages will have their first opportunity to go home since they started the year here. I hope on our return we will all be ready to be productive and work hard because we have much to do.

On Monday, October 15, before question period, the House will start the second reading of Bill S-7, the combating terrorism act. We will also debate this bill on Wednesday and Friday of that week. This, of course, is designed to continue to make Canada and, in fact, the whole world, a safer place.

After question period on October 15, we will kick-off debate on Bill S-9, the nuclear terrorism act, which shares the same objectives. It would implement Canada's international obligations under the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism.

Tuesday, October 16, shall be the fifth allotted day, which will see the House debate a Liberal motion. We eagerly await the content of that motion.

Thursday, October 18, shall be the sixth allotted day when we will consider the New Democratic proposal.

It is my personal hope that having given the NDP three chances already this fall to articulate to the House and to all Canadians how it will implement its $21.5 billion job killing carbon tax that it will finally choose this as its subject for debate. I hope the NDP members will seize that opportunity and let Canadians know once and for all the fine details of their scheme to raise the price of gas, groceries, electricity and winter heat.

Should we have additional time that week upon our return, or even this week if we move quickly, the House will also consider second reading of Bill C-37, the increasing offenders' accountability for victims act; Bill C-15, the strengthening military justice in the defence of Canada act; Bill S-2, the family homes on reserves and matrimonial interests or rights act; and Bill S-8, the safe drinking water for first nations act.

Of course, I am always open to suggestions from the opposition. If they are willing to accelerate any of those bills for quick passage, I will call them.

Finally, I wish everyone here a happy Thanksgiving. I hope that everyone has a productive and hard-working week working with their constituents.

Message from the SenatePrivate Members' Business

September 17th, 2012 / 11:55 a.m.


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The Acting Speaker Barry Devolin

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bills, to which the concurrence of the House is desired: Bill S-9, An Act to amend the Criminal Code, and Bill S-209, An Act to amend the Criminal Code (prize fights).