https://declassified.library.utoronto.ca/files/original/abda5202e713818acadb2e8a2e59f7ee.pdf 4db405641f5703c0fb6a5ba7ee6291a3 PDF Text Text Legal/A. Napier/mvs DEPARTMENT OF EXTERNAL AFFAIRS / ,vJo Sn * MEMORANDl TO: DEFENCE .LIAISON..(l)..DS^SJON jcun ty r^^f\ ^ September 12, No. *K:0te7*. -Jlif.Ti.<**>File » ^ , . . fT.. c FROM: LEGAL. DIVISION REFERENCE . Your memorandum of A u g u s t 2 0 , lyo'^^Asx^J* TOP SECRET m 1957 50219-AM-40 ft Canadian. Atomic. Energy. Control Legislation:. Uni t ed States. Enquiry SUBJECT.- > - / } w Zr_ Vi T 4 5 6 T 8 9 10 1 Your first question is whether the Atomic Energy Control Act or the Regulations made by the Board would "prohibit" the import of nuclear weapons. From our reading of section 201 of the Atomic Energy Control Regulations contained in Order-inCouncil P.O. 1954-1643 of October 28, 1954, it is clear that there is no such prohibition so long as a permit from the Atomic Energy Control Board Is obtained. We are here assuming, as is believed to be the case, that nuclear weapons are "prescribed equipment" or "prescribed substances" within the meaning of paragraph (i) or paragraph (j), as the case may be, of subsection (1) of section 101 of the Regulations referred to above. i 2. Your second question is whether nuclear weapons, imSEP 13 1957 ported by the United States into Canada, may remain under United States control without the Canadian legislation referred to above being contravened. It is our tentative view that unqualified United States control would not be consistent with the present Atomic Energy Control Aot and the Regulations. This is because there is running through the Act and the ReguCIRCULATION lations a strong implication that the Board is the final authority in all matters relating to atomic energy control within Canada. 3. You might wish to note that the Regulations approved by Order-in-Council P.O. 5513 of November 3, 1949, which you loaned to us, have been revoked, the Regulations presently in force being those mentioned above. There is also a Nuclear Ext. 326 (6/56) A0027625 15-000172 �/ - 2 - Reactors Order of April 12, 1957 (Order No. 1/201/57-1/206/57}. Apart from this we have been unable to find any further legislation on this subject. 4. The copies of the letter of August the Chairman, Chiefs of Staff, of the letter from the Atomic Energy Control Board, and of Regulations, all of which you loaned to this turned herewith. 23, 1957, from of August 27, 1957, the Act and the 1949 Division, are re- 5. In conclusion we should like to add that the views expressed by us in this memorandum should be read in the light that this Division Is not competent to express an authoritative opinion on the interpretation of Canadian legislation, or the need for its revision. Le A^ Division A0027625 16-000173 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context CDNW00950 Title A name given to the resource Memorandum from Legal Division to Defence Liaison Division Date A point or period of time associated with an event in the lifecycle of the resource 12-Sep-57 Source A related resource from which the described resource is derived ÒAtomic weapons - Canadian policy,Ó RG25-A-3-b, vol. 5960, file 50219-AM-40, pt. 1.1, Library and Archives Canada (LAC). Creator An entity primarily responsible for making the resource Department of External Affairs Rights Information about rights held in and over the resource Canadian Crown Description An account of the resource Canadian Atomic Energy Control Legislation: United States Enquiry Publisher An entity responsible for making the resource available Canada Declassified Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource en