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OFFENCES AND PUNISHMENT |
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| Offence
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10. (1) Every person who contravenes
section 3 is guilty of an offence and liable
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| Other
summary
offence
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(2) Every person who contravenes section 6
is guilty of an offence and liable on summary
conviction to a fine of not more than $20,000.
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| Offences by
corporate
officers, etc.
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11. If a corporation commits an offence
under this Act, any officer, director or agent of
the corporation who directed, authorized,
assented to, acquiesced in or participated in
the commission of the offence is a party to and
guilty of the offence and is liable on
conviction to the punishment provided for the
offence, whether or not the corporation has
been prosecuted.
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| Offences by
employees or
agents
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12. In a prosecution for an offence under
this Act, it is sufficient proof of the offence to
establish that it was committed by an
employee or agent of the accused, whether or
not the employee or agent is identified or has
been prosecuted for the offence, unless the
accused establishes that the offence was
committed without the knowledge or consent
of the accused and that the accused exercised
all due diligence to prevent its commission.
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| Additional
fine
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13. If a person is convicted of an offence
under this Act and the court is satisfied that as
a result of committing it the person acquired
monetary benefits, the court may, despite the
maximum amount of any other fine imposed
under this Act, order the person to pay an
additional fine in an amount equal to the
court's finding of the amount of those
monetary benefits.
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| Other orders
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14. If a person is convicted of an offence
under this Act, the court may, having regard to
the nature of the offence and the
circumstances surrounding its commission,
make one or more of the following orders:
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| Presump- tion - offence outside Canada
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15. (1) In a proceeding for a contravention
of section 3, a foreign publisher who commits
an act outside Canada that, if committed in
Canada, would be an offence under that
section is deemed to commit that act in
Canada.
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| Jurisdiction
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(2) Proceedings for an offence that is
deemed to have been committed in Canada
may, whether or not the foreign publisher is in
Canada, be commenced in any territorial
division in Canada and the foreign publisher
may be tried and punished for that offence in
the same manner as if the offence had been
committed in that territorial division.
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| Appearance
of accused at
trial
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(3) For greater certainty, in a proceeding
commenced in any territorial division under
subsection (2), the provisions of the Criminal
Code relating to requirements that an accused
appear at and be present during proceedings
and any exceptions to those requirements
apply.
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| Limitation
period
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16. A prosecution for a summary conviction
offence under this Act may not be instituted
more than one year after the offence was
committed.
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RECOVERY OF FINES BY CIVIL JUDGMENT |
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| Recovery of
fines by civil
judgment
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17. The conviction for an offence under this
Act of a person who does not, when required,
pay a fine imposed in relation to that offence
may be filed by the prosecutor in the superior
court of the province in which the trial was
held. When so filed, the conviction is entered
as a judgment for a debt in the amount of the
fine and costs, if any, and is enforceable
against the person in the same manner as if it
were a judgment obtained by Her Majesty in
right of Canada against the person in that court
in civil proceedings.
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EVIDENCE |
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| Certificates
and reports
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18. (1) In a proceeding under this Act, a
report of an investigator appearing to have
been signed by the investigator or a certificate,
as the case may be, is admissible in evidence
without proof of the signature or official
character of the person appearing to have
signed it and is evidence of the matters
asserted in it.
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| Copies or
extracts
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(2) In a proceeding under this Act, a copy of
or an extract from any book, record, electronic
data or document, made by an investigator
under this Act and appearing to have been
certified under the investigator's signature as
a true copy or extract, is admissible in
evidence without proof of the signature or
official character of the person appearing to
have signed the copy or extract and, in the
absence of evidence to the contrary, has the
same probative force as the original would
have if it were proved in the ordinary way.
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| Presumption
of advertising
services for
Canadian
advertiser
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19. In a prosecution against a foreign
publisher for an offence under section 3, proof
that advertising content bears the name,
trade-name or trade-mark of a Canadian
advertiser or an address or a telephone number
that appears to be that of a Canadian advertiser
is proof, in the absence of evidence to the
contrary, that advertising services were
supplied by the foreign publisher to the
Canadian advertiser or to a person acting on
their behalf.
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REGULATIONS |
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| Regulations
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20. The Governor in Council may make
regulations for carrying out the purposes and
provisions of this Act, including regulations
respecting
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NON-APPLICATION OF ACT |
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| Exception -
extent of
grandfa- thering
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21. This Act does not apply to a foreign
publisher who supplies advertising services
directed at the Canadian market to an extent
no greater than that to which the foreign
publisher lawfully supplied such advertising
services during the year before the day on
which this Act is introduced in the House of
Commons.
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