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This enactment amends the Radiocommunication Act to add import
control measures in respect of radio apparatus or devices used for
decoding encrypted subscription programming signals. It makes
importation of them without an import certificate an offence and
provides for the issuance of the certificates and for Ministerial
exemptions from the requirement. Finally, it provides measures to
facilitate compliance with and enforcement of the Act, including adding
certain inspection powers, increasing penalties and providing the
option for a person who pursues a civil remedy to elect statutory
damages.
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Clause 1: New.
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Clause 2: New.
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Clause 3: (1) Subparagraph 5(1)(a)(iv.1) is new. The
relevant portion of subsection 5(1) reads as follows:
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5. (1) Subject to any regulations made under section 6, the Minister
may, taking into account all matters that the Minister considers relevant
for ensuring the orderly establishment or modification of radio stations
and the orderly development and efficient operation of
radiocommunication in Canada,
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(2) New.
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Clause 4: New.
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Clause 5: (1) Paragraph 8(1)(d) is new. Subsection
8(1) read as follows:
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8. (1) Subject to subsection (2), an inspector appointed under
paragraph 5(1)(j) may, at any reasonable time, for the purpose of
enforcing this Act,
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(a) enter any place in which the inspector believes on reasonable
grounds there is any radio apparatus, interference-causing
equipment or radio-sensitive equipment;
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(b) examine any radio apparatus, interference-causing equipment or
radio-sensitive equipment found therein; and
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(c) examine any logs, books, reports, test data, records, shipping
bills, bills of lading or other documents or papers found therein that
the inspector believes on reasonable grounds contain information
relevant to the enforcement of this Act, and make copies thereof or
take extracts therefrom.
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(2) New.
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Clause 6: (1) The relevant portion of subsection 10(1)
reads as follows:
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10. (1) Every person who
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is guilty of an offence punishable on summary conviction and is liable,
in the case of an individual, to a fine not exceeding five thousand dollars
or to imprisonment for a term not exceeding one year, or to both, or, in
the case of a corporation, to a fine not exceeding twenty-five thousand
dollars.
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(2) Subsections 10(2) to (2.2) read as follows:
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(2) Every person who contravenes or fails to comply with subsection
8(5) or (6) is guilty of an offence punishable on summary conviction
and is liable to a fine not exceeding five thousand dollars.
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(2.1) Every person who contravenes paragraph 9(1)(c) or (d) is
guilty of an offence punishable on summary conviction and is liable, in
the case of an individual, to a fine not exceeding ten thousand dollars
or to imprisonment for a term not exceeding six months, or to both, or,
in the case of a corporation, to a fine not exceeding twenty-five
thousand dollars.
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(2.2) Every person who contravenes paragraph 9(1)(e) is guilty of an
offence punishable on summary conviction and is liable, in the case of
an individual, to a fine not exceeding twenty thousand dollars or to
imprisonment for a term not exceeding one year, or to both, or, in the
case of a corporation, to a fine not exceeding two hundred thousand
dollars.
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Clause 7: New.
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Clause 8: New.
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Clause 9: New.
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Clause 10: (1) Subsections 18(2.1) to (2.3) are new.
Subsection 18(2) reads as follows:
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(2) In an action under subsection (1) against a person,
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(a) a monetary judgment may not exceed one thousand dollars
where the person is an individual and the conduct engaged in by the
person is neither contrary to paragraph 9(1)(e) or 10(1)(b) nor
engaged in for commercial gain; and
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(b) the costs of the parties are in the discretion of the court.
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(2) Subsection 18(5) reads as follows:
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(5) An action under subsection (1) may be commenced within, but
not after, three years after the conduct giving rise to the action was
engaged in.
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Clause 11: Subsection 19(4) reads as follows:
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(4) An action under subsection (1) may be commenced within, but
not after, three years after the conduct giving rise to the action was
engaged in.
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