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Bill C-2

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3rd Session, 37th Parliament,
52-53 Elizabeth II, 2004

House of Commons of Canada

BILL C-2

An Act to amend the Radiocommunication Act

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. R-2; 1989, c. 17, s. 2

RADIOCOMMUNICATION ACT

1. Section 2 of the Radiocommunication Act is amended by adding the following in alphabetical order:

``import certificate''
« certificat d'importation »

``import certificate'' means a certificate issued under subparagraph 5(1)(a)(iv.1);

2. Section 4 of the Act is amended by adding the following after subsection (3):

Importing radio apparatus

(4) Except if the person or the radio apparatus or other device is exempt under an order made under section 5.1, no person shall import any radio apparatus or other device designed to be used in the decoding of an encrypted subscription programming signal or encrypted network feed unless they do so in accordance with an import certificate.

3. (1) Paragraph 5(1)(a) of the Act is amended by striking out the word ``and'' at the end of subparagraph (iv) and by adding the following after that subparagraph:

      (iv.1) import certificates in respect of radio apparatus or other devices designed to be used in the decoding of an encrypted subscription programming signal or encrypted network feed, and

(2) Section 5 of the Act is amended by adding the following after subsection (1.4):

Issuing import certificates

(1.5) The Minister may not issue an import certificate except to a person who satisfies the Minister that the radio apparatus or device referred to in subparagraph (1)(a)(iv.1) will not be used in contravention of paragraph 9(1)(c), (d) or (e) or 10(1)(b).

Factors to take into account

(1.6) In deciding whether a person has met the requirement set out in subsection (1.5), the Minister shall take into account all factors that the Minister considers relevant, including the following:

    (a) whether the person is the holder of a licence issued under the Broadcasting Act or is exempt under subsection 9(4) of that Act from the requirement to hold such a licence, or is importing the apparatus or device for such a person;

    (b) whether the person has been granted an exemption under subsection 3(2) in respect of paragraphs 9(1)(c), (d) or (e) or 10(1)(b), or is importing the apparatus or device for such a person; and

    (c) whether the person satisfies the Minister that the apparatus or device will subsequently be exported.

4. The Act is amended by adding the following after section 5:

Exemption

5.1 The Minister may by order exempt any class of persons or class of radio apparatus or other devices from the application of subsection 4(4), subject to any conditions set out in the order.

1989, c. 17, s. 6

5. (1) Paragraphs 8(1)(a) to (c) of the Act are replaced by the following:

    (a) enter and inspect any place in which the inspector believes on reasonable grounds that there is any radio apparatus, interference-causing equipment or radio-sensitive equipment, any other thing related to such apparatus or equipment, or any record, book of account or other document or data relevant to the enforcement of this Act;

    (b) examine any radio apparatus, interference-causing equipment or radio-sensitive equipment found there, as well as any other thing related to such apparatus or equipment;

    (c) examine any record, book of account or other document or data that the inspector believes on reasonable grounds contains information that is relevant to the enforcement of this Act and make copies of any of them; and

    (d) open or cause to be opened any package or container that the inspector believes on reasonable grounds contains anything referred to in paragraph (b) or (c).

(2) Section 8 of the Act is amended by adding the following after subsection (1):

Operation of computer and copying equipment

(1.1) In exercising any of the powers referred to in subsection (1), an inspector may

    (a) use or cause to be used any computer or data processing system to examine any data contained in or available to the computer or system;

    (b) reproduce any record from the data, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and

    (c) use or cause to be used any equipment at the place to make copies of any data or any record, book of account or other document.

1989, c. 17, s. 6

6. (1) The portion of subsection 10(1) of the Act after paragraph (d) is replaced by the following:

is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not exceeding $25,000 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 $200,000 .

1989, c. 17, s. 6; 1991, c. 11, s. 84(2)

(2) Subsections 10(2) to (2.2) of the Act are replaced by the following:

Offences - subsection 8(5) or (6)

(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 $10,000 .

Offences - paragraph 9(1)(c) or (d)

(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 $25,000 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 $200,000 .

Offence - paragraph 9(1)(e)

(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 $50,000 or to imprisonment for a term not exceeding two years , or to both, or, in the case of a corporation, to a fine not exceeding $500,000 .

7. The Act is amended by adding the following after section 11:

Venue

11.1 Any proceeding in respect of an offence under this Act may be instituted, tried or determined in the province where the offence was committed or in the province in which the person charged with the offence is, resides or has an office or place of business at the time the proceedings are instituted.

8. The Act is amended by adding the following after section 13:

Liability for costs

14. (1) Persons convicted of an offence under this Act are jointly and severally, or solidarily, liable for all the costs relating to the seizure, detention, forfeiture or disposition of anything incurred by Her Majesty in right of Canada in excess of the net proceeds of disposition, if any.

Debt due to Her Majesty

(2) The costs referred to in subsection (1) are debts due to Her Majesty in right of Canada, and proceedings to recover them may be instituted in a court of competent jurisdiction at any time within five years after the time they were incurred.

9. The Act is amended by adding the following after section 16:

Evidence

16.1 (1) The original or a copy of a bill of lading, customs form, commercial invoice or other similar document, in this section called a ``shipping document'', is admissible in evidence in any proceeding under this Act, including an action under section 18, in respect of any radio apparatus or other device referred to in subparagraph 5(1)(a)(iv.1), if it appears from the shipping document that

    (a) the apparatus or device came into Canada;

    (b) a person, as shipper, consignor or consignee, brought the apparatus or device into Canada; or

    (c) the apparatus or device was sent or shipped to a particular destination or person.

Proof of the facts

(2) In the absence of evidence to the contrary, a shipping document that is admissible in evidence under subsection (1) is proof of any facts set out in paragraphs (1)(a), (b) and (c) that appear from the document to be the case.

1991, c. 11, s. 85

10. (1) Subsection 18(2) of the Act is replaced by the following:

Maximum amount - individuals

(2) In an action under subsection (1) against an individual , a monetary judgment may not exceed $1,000 if

    (a) the individual's conduct was not contrary to paragraph 9(1)(e);

    (b) the individual's conduct was not contrary to paragraph 10(1)(b), other than merely because the individual installed, operated or possessed equipment or a device, or a component of equipment or a device, that was used, or is or was intended to be used, for the purpose of contravening section 9 ; and

    (c) the individual's conduct was not engaged in for commercial gain.

Statutory damages

(2.1) In a case in which the amount of damages is not limited under subsection (2), a person who pursues a remedy under subsection (1) may elect before the start of the trial to receive statutory damages - in an amount that may not exceed $100,000 - instead of the damages referred to in subsection (1).

Amount of statutory damages

(2.2) In assessing the amount of statutory damages, the court shall consider all factors that it considers relevant, including the following:

    (a) the defendant's good or bad faith;

    (b) the conduct of the parties, both before and during the trial;

    (c) the monetary benefits that accrued to the defendant as a result of the defendant's conduct contrary to paragraph 9(1)(c), (d) or (e) or 10(1)(b); and

    (d) the need to deter other similar conduct contrary to those paragraphs.

Costs

(2.3) In an action under subsection (1), the costs of the parties are in the discretion of the court.

1991, c. 11, s. 85

(2) Subsection 18(5) of the French version of the Act is replaced by the following:

Prescription

(5) Les recours visés au paragraphe (1) se prescrivent dans les trois ans suivant la date du fait générateur du litige .

1993, c. 40, s. 26

11. Subsection 19(4) of the French version of the Act is replaced by the following:

Prescription

(4) Les recours visés au paragraphe (1) se prescrivent dans les trois ans suivant la date du fait générateur du litige .

COMING INTO FORCE

Order

12. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

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