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Bill C-299

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1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-299

An Act to amend the Criminal Code, the Canada Evidence Act and the Competition Act (personal information obtained by fraud)

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

R.S., c. C-46

CRIMINAL CODE

1. Section 2 of the Criminal Code is amended by adding the following in alphabetical order:

“personal information”
« renseignement personnel »

“personal information” has the same meaning as in subsection 2(1) of the Personal Information Protection and Electronic Documents Act;

2. (1) Subsection 362(1) of the Act is amended by striking out the word “or” at the end of paragraph (c) and by adding the following after paragraph (d):

(e) obtains personal information from a third party by a false pretence or by fraud;

(f) counsels another person to obtain personal information from a third party by a false pretence or by fraud; or

(g) sells or otherwise discloses personal information obtained from a third party by a false pretence or by fraud.

(2) Section 362 of the Act is amended by adding the following after subsection (3):

Punishment

(3.1) Every one who commits an offence under paragraph (1)(e), (f) or (g)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) is guilty of an offence punishable on summary conviction.

3. Section 403 of the Act is amended by adding the following after paragraph (a):

(a.1) with intent to obtain any personal information about a third party,

R.S., c. C-5

CANADA EVIDENCE ACT

4. Subsection 30(10) of the Canada Evidence Act is amended by adding the following after paragraph (a):

(a.1) any record that contains personal information obtained by fraud, false pretence or fraudulent personation;

R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19

COMPETITION ACT

5. Subsection 2(1) of the Competition Act is amended by adding the following in alphabetical order:

“personal information”
« renseignement personnel »

“personal information” has the same meaning as in subsection 2(1) of the Personal Information Protection and Electronic Documents Act;

6. Section 36 of the Act is amended by adding the following after subsection (1):

Additional remedy

(1.1) In addition to the remedy available under subsection (1), any person who has suffered a loss or damage as a result of conduct by a person outside Canada that, if engaged in in Canada, would have been in contravention of paragraph 50(1)(d) or subsection 52(1.3), may, in any court of competent jurisdiction, sue for and recover from the person who engaged in the conduct, or from any affiliated corporation in Canada, whether or not any director or officer of the corporation in Canada has knowledge of the conduct, an amount equal to the loss or damage proved to have been suffered by the person, together with any additional amount that the court may allow not exceeding the full cost to the person of any investigation in connection with the matter and of proceedings under this subsection.

7. Subsection 50(1) of the Act is amended by striking out the word “or” at the end of the paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) seeks to obtain personal information from a third party by fraud, false pretence or fraudulent personation of any person, living or dead,

8. Section 52 of the Act is amended by adding the following after subsection (1.2):

For greater certainty

(1.3) For greater certainty, where a product that is provided by means of fraud, false pretence or fraudulent personation is promoted without reference to such fraud, false pretence or fraudulent personation, the promotion constitutes a representation to the public that is false or misleading in a material respect.

9. Section 74.01 of the Act is amended by adding the following after subsection (1):

For greater certainty

(1.1) For greater certainty, where a product that is provided by means of fraud, false pretence or fraudulent personation is promoted without reference to such fraud, false pretence or fraudulent personation, the promotion constitutes a representation to the public that is false or misleading in a material respect.

COMING INTO FORCE

Order in council

10. This Act comes into force on a day to be fixed by order of the Governor in Council.

Published under authority of the Speaker of the House of Commons

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