section 7(3.2)

SECTION WORDING

7(3.2) Notwithstanding anything in this Act or any other Act, where (a) a person, outside Canada, receives, has in his possession, uses, transfers the possession of, sends or delivers to any person, transports, alters, disposes of, disperses or abandons nuclear material and thereby (i) causes or is likely to cause the death of, or serious bodily harm to, any person, or (ii) causes or is likely to cause serious damage to, or destruction of, property, and (b) the act or omission described in paragraph (a) would, if committed in Canada, be an offence against this Act, that person shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission. (3.2) Notwithstanding anything in this Act or any other Act, where (a) a person, outside Canada, receives, has in his possession, uses, transfers the possession of, sends or delivers to any person, transports, alters, disposes of, disperses or abandons nuclear material and thereby (i) causes or is likely to cause the death of, or serious bodily harm to, any person, or (ii) causes or is likely to cause serious damage to, or destruction of, property, and (b) the act or omission described in paragraph (a) would, if committed in Canada, be an offence against this Act, that person shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission. Idem (3.3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute (a) a conspiracy or an attempt to commit, (b) being an accessory after the fact in relation to, or (c) counselling in relation to, an act or omission that is an offence by virtue of subsection (3.2) shall be deemed to commit the act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission. (3.4) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit or being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against, (a) section 334, 341, 344 or 380 or paragraph 362(1)(a) in relation to nuclear material, (b) section 346 in respect of a threat to commit an offence against section 334 or 344 in relation to nuclear material, (c) section 423 in relation to a demand for nuclear material, or (d) paragraph 264.1(1)(a) or (b) in respect of a threat to use nuclear material shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission. (3.5) For the purposes of subsections (3.2) to (3.4), a person shall be deemed to commit an act or omission in Canada if (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament; (b) the act or omission is committed on an aircraft (i) registered in Canada under regulations made under the Aeronautics Act, or (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations; or (c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada.

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