Bill C-43

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Coming into Force

Order in council — Industrial Design Act

142. (1) Sections 102 to 113 come into force on a day to be fixed by order of the Governor in Council.

Order in council — Patent Act

(2) Sections 114 to 141 come into force on a day to be fixed by order of the Governor in Council.

Division 2

R.S., c. A-2

Aeronautics Act

143. The Aeronautics Act is amended by adding the following after section 4.3:

Ministerial order

4.31 (1) The Minister may make an order prohibiting the development or expansion of a given aerodrome or any change to the operation of a given aerodrome, if, in the Minister’s opinion, the proposed development, expansion or change is likely to adversely affect aviation safety or is not in the public interest.

Exemption

(2) An order under subsection (1) is exempt from examination, registration or publication under the Statutory Instruments Act.

144. Section 4.9 of the Act is amended by adding the following after paragraph (k):

(k.1) the prohibition of the development or expansion of aerodromes or any change to the operation of aerodromes;

(k.2) the consultations that must be carried out by the proponent of an aerodrome before its development or by the operator of an aerodrome before its expansion or any change to its operation;

Division 3

Canadian High Arctic Research Station Act

Enactment of Act

Enactment

145. The Canadian High Arctic Research Station Act is enacted as follows:

An Act to establish the Canadian High Arctic Research Station

SHORT TITLE

Short title

1. This Act may be cited as the Canadian High Arctic Research Station Act.

INTERPRETATION

Definitions

2. The following definitions apply in this Act.

“Arctic”
« Arctique »

“Arctic”, when used in relation to Canada, means those parts of Canada

(a) north of sixty degrees north latitude; or

(b) south of sixty degrees north latitude but north of the southern limit of the discontinuous permafrost zone.

“Board”
« conseil »

“Board” means the Board of Directors of CHARS.

“CHARS”
« SCREA »

“CHARS” means the Canadian High Arctic Research Station established by subsection 4(1).

“Minister”
« ministre »

“Minister” means the Minister designated under section 3.

DESIGNATION

Designation of Minister

3. The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

CHARS ESTABLISHED

CHARS established

4. (1) A corporation is established to be called the Canadian High Arctic Research Station.

Agent of Her Majesty

(2) CHARS is for all its purposes an agent of Her Majesty in right of Canada and it may exercise its powers only as an agent of Her Majesty.

PURPOSE

Purpose

5. The purpose of CHARS is to

(a) advance knowledge of the Canadian Arctic in order to improve economic opportunities, environmental stewardship and the quality of life of its residents and all other Canadians;

(b) promote the development and dissemination of knowledge of the other circumpolar regions, including the Antarctic;

(d) establish a hub for scientific research in the Canadian Arctic.

POWERS AND FUNCTIONS

CHARS —functions

6. (1) In carrying out its purpose, CHARS is to

(a) undertake scientific research and develop technology;

(b) plan, direct, manage and implement programs and projects relating to scientific research and the development of technology;

(d) encourage integration across disciplines and activities;

(e) publish and disseminate studies, reports and other documents;

(f) complement national and international networks of expertise and of facilities; and

(g) perform any other functions that the Minister assigns to it.

CHARS —powers

(2) In carrying out its purpose, CHARS may

(a) construct, manage and operate research facilities and systems;

(b) spend any money that it receives through the conduct of its operations, in the fiscal year in which the money is received or in subsequent fiscal years;

(c) provide services and facilities to any department, board or agency of the Government of Canada, or to any other government or any organization or person;

(d) make recoverable expenditures on behalf of any department, board or agency of the Government of Canada, or on behalf of any other government or any organization or person;

(e) license, assign, sell or otherwise make available, and receive fees, royalties and payment for, any patent, copyright, industrial design, trademark, trade secret or other similar property right held, controlled or administered by CHARS;

(f) enter into contracts, agreements, memo-randa of understanding or other arrangements in the name of Her Majesty in right of Canada or of CHARS;

(g) lease personal property or movables, acquire any money, securities or other personal property or movables, including by purchase, gift or bequest or legacy, and — subject to any terms of the acquisition — spend or invest the money or securities;

(h) acquire real property or immovables, have the administration, as defined in section 2 of the Federal Real Property and Federal Immovables Act, of the real property or immovables or acquire a licence as defined in section 2 of that Act;

(i) as lessor, lease any personal property or movables referred to in paragraph (g) or dispose by any means of property or movables acquired under that paragraph, subject to any terms on which the property or movables were acquired;

(j) subject to any terms on which the real property or immovables were acquired, dispose of any real property or immovables or give a licence as defined in section 2 of the Federal Real Property and Federal Immovables Act; and

(k) undertake any other activities that the Board considers conducive to the furtherance of CHARS’s purpose and to the performance of its functions and exercise of its powers.

Approval of Governor in Council

(3) Despite paragraphs (2)(h) and (j), CHARS may acquire or dispose of real property or immovables, and interests in real property or immovable real rights, only with the approval of the Governor in Council.

Exception

(4) Subsection (3) does not apply to any

(a) acquisition or disposition by lease;

(b) acquiring or giving of a licence as defined in section 2 of the Federal Real Property and Federal Immovables Act; or

(c) disposition to a public utility or a municipality of easements or servitudes or other interests in real property or immovable real rights if the disposition is necessary for the utility or municipality to carry out its activities, including the construction or maintenance of a public work.

Minister

7. (1) The Minister may refer matters relating to Arctic science and technology to CHARS for its consideration.

Advice

(2) CHARS must advise the Minister in respect of any matter that is referred to it under subsection (1).

Reports

(3) The Minister may require CHARS to provide him or her with reports on its activities and operations, and may make such a report available to the public.

BOARD OF DIRECTORS

Oversight of CHARS

8. (1) The organization and administration of CHARS are to be overseen by a Board of Directors consisting of nine members, including a Chairperson and a Vice-chairperson. The members of the Board are to be appointed by the Governor in Council to hold office on a part-time basis.

Approval of plans and budgets

(2) The Board’s oversight function includes approving CHARS’s science and technology plan as well as annual workplans and budgets referred to in subsection 17(2).

Qualifications of members

(3) Persons appointed to the Board must have knowledge or experience that will assist CHARS in carrying out its purpose, having regard to the ethnic, linguistic and regional diversity of Canada’s Arctic.

Terms of office

9. (1) Members of the Board are appointed to hold office during pleasure for terms of up to five years.

Reappointment

(2) A member of the Board is eligible for reappointment for a second term of office in the same or another capacity.

Remuneration

10. Members of the Board are to be paid the remuneration that is fixed by the Governor in Council.

Expenses

11. Members of the Board are entitled to be paid reasonable travel and living expenses while absent from their ordinary place of residence in the course of their duties under this Act.

CHAIRPERSON

Chairperson’s role

12. The Chairperson presides over meetings of the Board and performs any other duties that are assigned by the Board.

Acting Chairperson

13. In the event of the absence or incapacity of the Chairperson, or a vacancy in that office, the Vice-chairperson acts as Chairperson.

PRESIDENT OF CHARS

Appointment of President

14. (1) The President of CHARS is to be appointed by the Governor in Council to hold office during pleasure on a full-time basis for a term of up to five years.

Reappointment

(2) The President is eligible for reappointment for one or more further terms of office.

Remuneration

15. The President is to be paid the remuneration that is fixed by the Governor in Council.

Expenses

16. The President is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of work in the course of his or her duties under this Act.

President’s role

17. (1) The President is the chief executive officer of CHARS and is responsible for its day-to-day management and direction.

Plans and budgets

(2) The President must submit to the Board for approval

(a) CHARS’s science and technology plan, which must be submitted at intervals of five years or less; and

(b) annual workplans and budgets.

Acting President

18. (1) In the event of the absence or incapacity of the President, or a vacancy in that office, the Board must appoint an employee of CHARS to act as President.

Maximum acting period

(2) However, the acting President may act as President for longer than 90 days only with the approval of the Governor in Council.

HUMAN RESOURCES

Authority

19. (1) CHARS has authority over all matters relating to human resources management, including the determination of the terms and conditions of employment of its employees.

Supervision of CHARS employees

(2) The President is to exercise supervision over and direction of the activities of the employees of CHARS.

Human resources management

20. CHARS may, in the exercise of its authority in relation to human resources management,

(a) determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources;

(b) provide for the classification of CHARS positions;

(c) determine and regulate the pay to which its employees are entitled for services rendered, the hours of work and leave of those employees and any related matters;

(d) determine and regulate the payments that may be made to its employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; and

(e) take any other measures that CHARS considers necessary for effective human resources management.

CHARS’s power to appoint

21. CHARS has the exclusive right and authority to appoint any employees that it considers necessary for carrying out its purpose.

Mobility to departments

22. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of CHARS must be treated as if they were employees within the meaning of that Act and had the rights of recourse provided by that Act.

When deployments made subject to terms

(2) The Public Service Commission may, in consultation with the President of the Treasury Board, set terms and conditions for the deployment of CHARS’s employees to departments and agencies under the Public Service Employment Act if, in the opinion of the Commission, the principles governing CHARS’s staffing program are incompatible with those governing staffing under that Act.

Mobility to CHARS

(3) When CHARS considers employees within the meaning of the Public Service Employment Act for employment within CHARS, it must treat them as if they were employees of CHARS and had the rights of recourse of CHARS’s employees.

Public Service Commission review

23. The Public Service Commission may periodically review the compatibility of the principles governing CHARS’s staffing program with those governing staffing under the Public Service Employment Act and may report its findings in its annual report.

Political activities

24. Part 7 of the Public Service Employment Act applies to the President and employees of CHARS. For the purposes of that Part, the President is deemed to be a deputy head as defined in subsection 2(1) of that Act and the employees of CHARS are deemed to be employees as defined in that subsection.

OFFICES AND MEETINGS

Head office and other offices

25. CHARS’s head office is to be in Cambridge Bay, Nunavut. The Board may establish other offices elsewhere in Canada that it considers necessary for carrying out CHARS’s purpose.

Meetings

26. (1) Subject to subsection (2), the Board must meet at least three times in each year at the times and places that the Chairperson selects.

Northern meetings

(2) At least one of the Board’s meetings in each year must be held at CHARS’s head office.

Committees

27. The Board may appoint advisory or other committees. Each committee must include at least one person who is a member of the Board.

BYLAWS

Bylaws

28. The Board may make bylaws for the administration, management and control of the property, business and activities of CHARS, including bylaws

(a) respecting the constitution of any committees appointed under section 27 and the roles and duties of those committees;

(b) fixing reasonable allowances or expenses for those appointed to a committee under section 27 who are not members of the Board; and

GENERAL

Inventions

29. Despite section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an officer or employee of CHARS and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in CHARS.

Proceedings

30. Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by CHARS on behalf of Her Majesty in right of Canada, whether in its name or in the name of Her Majesty, may be brought or taken by or against CHARS in the name of CHARS in any court that has jurisdiction with respect to the subject-matter of the claim.

Transitional Provisions

Definitions

146. The following definitions apply in this section and in sections 147 to 156.

“CHARS”
« SCREA »

“CHARS” means the Canadian High Arctic Research Station established by subsection 4(1) of the Canadian High Arctic Research Station Act, enacted by section 145.

“Commission”
« Commission »

“Commission” means the Canadian Polar Commission established by section 3 of the Canadian Polar Commission Act, as that section read immediately before section 169 comes into force.

Board of Directors of Commission

147. Despite subsection 8(1) of the Canadian High Arctic Research Station Act, enacted by section 145, the persons who, immediately before the day on which section 145 comes into force, held the office of Vice-Chairperson or other member of the Board of Directors of the Commission — other than the office of Chairperson of that Board —hold the office, beginning on that day, of Vice-chairperson or other member of the Board of Directors of CHARS, respectively, until the expiry of their appointment, their removal from office or their resignation.

Employment —Commission

148. Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which section 145 comes into force, occupied a position in the Commission, except that the person, beginning on that day, occupies their position in CHARS.

Employment — Arctic Science and Technology Directorate

149. Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupied a position in the portion of the Department of Indian Affairs and Northern Development known as the Arctic Science and Technology Directorate, except that the person, beginning on that day, occupies their position in CHARS.

Commission’s actions deemed CHARS’s

150. Everything done, or purported to have been done, by the Commission or its Board of Directors before the day on which section 145 comes into force is deemed, on that day, to have been done by CHARS or its Board of Directors, respectively.

References —Commission

151. Every reference to the Commission in any deed, contract, agreement or other document is, beginning on the day on which section 145 comes into force, to be read as a reference to CHARS unless the context otherwise requires.

Transfer of rights, property and obligations— Commission

152. All rights, personal property or movables and real property or immovables of the Commission and all obligations of the Commission are transferred to CHARS on the day on which section 145 comes into force.

Commencement of legal proceedings

153. Every action, suit or other legal proceeding in respect of an obligation or liability incurred by the Commission may, beginning on the day on which section 145 comes into force, be brought against CHARS.

Continuation of legal proceedings

154. In every action, suit or other legal proceeding to which the Commission is party that is pending in any court immediately before the day on which section 145 comes into force, CHARS takes the place of the Commission as party on that day, and, beginning on that day, the action, suit or proceeding may be continued by or against CHARS in the same manner and to the same extent as it could have been continued by or against the Commission.

Transfer of appropria-tions — Commission

155. Any amount that is appropriated by an Act of Parliament for the fiscal year in which section 145 comes into force to defray the charges and expenses of the Commission and that is unexpended on the day on which that section comes into force is deemed, on that day, to be an amount appropriated to defray the charges and expenses of CHARS.

Transfer of appropriations — Arctic Science and Technology Directorate

156. Any amount that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the Department of Indian Affairs and Northern Development related to the portion of that Department known as the Arctic Science and Technology Directorate and that is unexpended on the day on which this section comes into force is deemed, on that day, to be an amount appropriated to defray the charges and expenses of CHARS.

Consequential Amendments

R.S., c. A-1

Access to Information Act

1991, c. 6, s. 22

157. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Canadian Polar Commission

Commission canadienne des affaires polaires

158. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Canadian High Arctic Research Station

Station canadienne de recherche dans l’Extrême-Arctique

R.S., c. F-11

Financial Administration Act

1991, c. 6, s. 23

159. Schedule II to the Financial Administration Act is amended by striking out the following:

Canadian Polar Commission

Commission canadienne des affaires polaires

160. Schedule II to the Act is amended by adding the following in alphabetical order:

Canadian High Arctic Research Station

Station canadienne de recherche dans l’Extrême-Arctique

2003, c. 22, s. 11

161. Schedule V to the Act is amended by striking out the following:

Canadian Polar Commission

Commission canadienne des affaires polaires

162. Schedule V to the Act is amended by adding the following in alphabetical order:

Canadian High Arctic Research Station

Station canadienne de recherche dans l’Extrême-Arctique

2006, c. 9, s. 270

163. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

Canadian Polar Commission

Commission canadienne des affaires polaires

and the corresponding reference in column II to “Chairperson”.

164. Part III of Schedule VI to the Act is amended by adding in alphabetical order, in column I, a reference to

Canadian High Arctic Research Station

Station canadienne de recherche dans l’Extrême-Arctique

and a corresponding reference in column II to “President”.

R.S., c. P-21

Privacy Act

1991, c. 6, s. 24

165. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Canadian Polar Commission

Commission canadienne des affaires polaires

166. The schedule to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Canadian High Arctic Research Station

Station canadienne de recherche dans l’Extrême-Arctique

R.S., c. P-36

Public Service Superannuation Act

1991, c. 6, s. 26

167. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

Canadian Polar Commission

Commission canadienne des affaires polaires

168. Part I of Schedule I to the Act is amended by adding the following in alphabetical order:

Canadian High Arctic Research Station

Station canadienne de recherche dans l’Extrême-Arctique

Repeal

169. The Canadian Polar Commission Act, chapter 6 of the Statutes of Canada, 1991, is repealed.

Coming into Force

Order in council

170. (1) This Division, other than sections 149 and 156, comes into force on a day to be fixed by order of the Governor in Council.

Order in council

(2) Sections 149 and 156 come into force on a day to be fixed by order of the Governor in Council.

Division 4

R.S., c. C-46

Criminal Code

171. Section 207 of the Criminal Code is amended by adding the following after subsection (4):

Exception —charitable or religious organization

(4.1) The use of a computer for the sale of a ticket, selection of a winner or the distribution of a prize in a raffle, including a 50/50 draw, is excluded from paragraph (4)(c) in so far as the raffle is authorized under paragraph (1)(b) and the proceeds are used for a charitable or religious object or purpose.

Division 5

R.S., c. F-8; 1995, c. 17, s. 45(1)

Federal-Provincial Fiscal Arrangements Act

2012, c. 19, s. 396

172. Paragraph 24.3(1)(b) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:

(b) maintaining the national standard set out in section 25.1; and

2012, c. 19, s. 402(1)

173. (1) The portion of section 25.1 of the Act before paragraph (a) is replaced by the following:

Criteria for eligibility —Canada Social Transfer

25.1 (1) In order that a province may qualify for a full cash contribution under sections 24.5 and 24.51 for a fiscal year, the laws of the province must not, in the case of persons described in subsection (2),

(2) Section 25.1 of the Act is amended by adding the following after subsection (1):

No minimum residency period

(2) The persons described for the purpose of subsection (1) are

(a) Canadian citizens;

(b) permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

(c) any person who, under section 24 of the Immigration and Refugee Protection Act, has been determined by an officer to be a victim of human trafficking and who holds a temporary resident permit issued under that section; and

(d) protected persons, within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act.

Division 6

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

Radiocommunication Act

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

“jammer”
« brouilleur »

“jammer” means any device or combination of devices that transmits, emits or radiates electromagnetic energy and that is designed to cause, causes or is capable of causing interference or obstruction to radiocommunication, other than a device or combination of devices for which standards have been established under paragraph 5(1)(d) or 6(1)(a) or for which a radio authorization has been issued.

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

Other prohibitions

(4) No person shall install, use, possess, manufacture, import, distribute, lease, offer for sale or sell a jammer.

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

Obligation

(1.5) Any person who is subject to the procedures, standards and conditions applicable in respect of a system of competitive bidding used under subsection (1.2) shall comply with all of them.

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

Information sharing — Canada

5.1 (1) Information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Minister to a federal department, a provincial or municipal government in Canada, or an agency of that federal, provincial or municipal government, to the extent that the disclosure is necessary for the administration of this Act.

Information sharing —Government of foreign state and international organization

(2) The information may also be disclosed by the Minister under an agreement, a memorandum of understanding or an arrangement in writing between the Government of Canada and the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of that government or organization, if the Minister believes that the information may be relevant to an investigation or proceeding in respect of a contravention under this Act or of the laws of that foreign state that address conduct that is substantially similar to conduct that would be in contravention of this Act.

Contents

(3) The agreement, memorandum of understanding or arrangement must

(a) restrict the use of the information to purposes relevant to an investigation or proceeding in respect of a contravention of the laws of the foreign state that address conduct referred to in subsection (2);

(b) stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the person responsible for disclosing the information; and

(c) only be in respect of contraventions of the laws of a foreign state that have consequences that would not be considered penal under Canadian law.

1989, c. 17, s. 6

178. (1) Subsection 8(1) of the Act is replaced by the following:

Powers of inspectors

8. (1) An inspector who is appointed under paragraph 5(1)(j) may, subject to subsection (2),

(a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, and examine the document, information or thing or remove it for examination or reproduction;

(b) make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system;

(c) reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

(d) use any copying equipment or means of communication in the place.

Certificate

(1.1) An inspector shall be provided with a certificate of appointment which is to be presented at the request of any person appearing to be in charge of any place entered by the inspector.

1989, c. 17, s. 6

(2) Subsection 8(2) of the French version of the Act is replaced by the following:

Maison d’habitation

(2) Il ne peut toutefois entrer dans une maison d’habitation sans le consentement de l’occupant que s’il est muni d’un mandat ou si l’urgence de la situation — notamment dans les cas où le temps nécessaire à l’obtention de ce dernier risquerait soit de mettre en danger des personnes, soit d’entraîner la perte ou la destruction d’éléments de preuve — rend l’obtention de celui-ci difficilement réalisable.

1989, c. 17, s. 6

(3) Subsection 8(3) of the Act is replaced by the following:

Authority to issue warrant

(3) On an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

(a) the dwelling-house is a place described in paragraph (1)(a);

(b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act; and

(c) entry has been refused by, or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

(4) Section 8 of the Act is amended by adding the following after subsection (5):

Information requirement

(5.1) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.

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

Seizure

8.1 (1) An inspector may seize and detain any radio apparatus, interference-causing equipment, radio-sensitive equipment or jammer that they have reasonable grounds to believe is or was used to contravene any provision of this Act or the regulations or is related to the contravention of a provision of the Act or the regulations.

Detention

(2) Any thing that is seized under subsection (1) is not to be detained

(a) after the applicable provisions of this Act or the regulations have, in the opinion of an inspector, been complied with; or

(b) after the expiry of 60 days after the day on which the thing is seized, unless before that time

(i) the seized thing has been forfeited under section 8.3 or 13,

(ii) proceedings have been instituted in respect of the contravention in relation to which the thing was seized, in which case it may be detained until the proceedings are concluded, or

(iii) notice of an application for an order extending the time during which the seized thing may be detained has been given in accordance with subsection 8.2(1).

Storing of seized things

(3) Any thing seized under subsection (1) may, at the option of an inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by or at the direction of an inspector.

Prohibition

(4) No person shall, without the permission of an inspector, remove, alter or interfere in any way with any thing seized under this section.

Application to extend period of detention

8.2 (1) If proceedings have not been instituted, the Minister may, before the expiry of 60 days after the day on which the thing is seized and after giving notice to the owner of the seized thing or to the person in whose possession it was at the time of seizure, apply to any superior court of competent jurisdiction for an order extending the time during which the seized thing may be detained.

Order of extension granted

(2) If, on the hearing of an application made under subsection (1), the court is satisfied that the thing seized should continue to be detained, the court shall order that it be detained for the additional period that the court considers appropriate and that, on the expiry of that period, it be restored to the person from whom it was seized or to any other person entitled to its possession unless before the expiry of that period, subparagraph 8.1(2)(b)(i) or (ii) applies.

Forfeiture on consent

8.3 The owner or the last person in lawful possession of any radio apparatus, interference-causing equipment, radio-sensitive equipment or jammer may, at any time, consent in writing to its forfeiture to Her Majesty.

180. (1) Subsection 10(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:

(c.1) contravenes subsection 5(1.5), or

1989, c. 17, s. 6

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

Offences

(2) Every person is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars, who

(a) contravenes or fails to comply with subsection 8(5) or (6) or 8.1(4); or

(b) does not submit the information required by the inspector under subsection 8(5.1).

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

Exemptions

14. (1) The Minister may, by order, subject to any terms and conditions that he or she may specify, exempt any person, class of persons or entity from the application of subsection 4(4) or paragraph 9(1)(b), for any of the following purposes:

(a) national security;

(b) public safety, including with respect to penitentiaries and prisons;

(d) national defence;

(e) international relations;

(f) the investigation or prosecution of offences in Canada, including the preservation of evidence;

(g) the protection of property, or the prevention of serious harm to any person; or

(h) for any other purpose prescribed by regulation.

Regulation

(2) The Governor in Council may make regulations for the purpose of paragraph (1)(h).

182. The Act is amended by adding the following after section 15:

ADMINISTRATIVE MONETARY PENALTIES

Commission of violation

15.1 Every contravention of subsection 4(1), (3) or (4) or 5(1.5) constitutes a violation and the person who commits the violation is liable

(a) in the case of an individual, to an administrative monetary penalty not exceeding $25,000 and, for a subsequent contravention, a penalty not exceeding $50,000; or

(b) in any other case, to an administrative monetary penalty not exceeding $10,000,000 and, for a subsequent contravention, a penalty not exceeding $15,000,000.

Criteria for penalty

15.11 (1) The amount of the penalty is to be determined by taking into account the following factors:

(a) the nature and scope of the violation;

(b) the history of compliance with this Act by the person who committed the violation;

(d) the person’s ability to pay the penalty;

(e) any factors established by the regulations; and

(f) any other relevant factor.

Purpose of penalty

(2) The purpose of the penalty is to promote compliance with this Act and not to punish.

Power of Minister —violation

15.12 The Minister may

(a) designate any person, or any person who is a member of a class of persons, as being authorized to issue notices of violation or to accept undertakings; and

(b) establish, in respect of each violation, a short-form description to be used in notices of violation.

Entry into undertaking

15.13 (1) A person may enter into an undertaking after a notice of violation is served on them.

Contents

(2) The undertaking

(a) shall be accepted by a person who is authorized to accept an undertaking;

(b) shall identify every act or omission that constitutes a violation and that is covered by the undertaking;

(d) may contain any conditions that the person who is authorized to accept an undertaking considers appropriate; and

(e) may include a requirement to pay a specified amount.

Effect of undertaking

(3) If a person enters into an undertaking, the proceeding that is commenced by the notice of violation is ended in respect of that person in connection with any act or omission referred to in the undertaking.

Failure to respect undertaking

(4) Failure to respect an undertaking constitutes a violation.

Issuance and service

15.14 (1) A person who is authorized to issue notices of violation and who believes, on reasonable grounds, that a person has committed a violation may issue, and shall cause to be served on the person, a notice of violation.

Contents of notice

(2) The notice of violation shall name the person who is believed to have committed the violation, identify the violation and include

(a) the penalty that the person is liable to pay;

(b) a statement as to the right of the person, within 30 days after the day on which the notice is served, or within any longer period that the Minister specifies, to pay the penalty or to make representations with respect to the violation and the penalty, and the manner for doing so; and

(c) a statement indicating that if the person does not pay the penalty or make representations in accordance with the notice, the person is deemed to have committed the violation and the penalty is to be imposed.

Payment

15.15 (1) If a person who is served with a notice of violation pays the penalty proposed in the notice, the person is deemed to have committed the violation and the proceedings in respect of it are ended.

Representations to Minister

(2) If a person who is served with a notice of violation makes representations in accordance with the notice, the Minister shall decide, on a balance of probabilities, after considering any other representations that the Minister considers appropriate, whether the person committed the violation and may, if the Minister so decides, impose the penalty set out in the notice, a lesser penalty or no penalty.

Failure to pay or make representations

(3) If a person who is served with a notice of violation neither pays the penalty nor makes representations in accordance with the notice, the person is deemed to have committed the violation and the penalty is to be imposed.

Copy of decision and notice of rights

(4) The Minister shall cause a copy of any decision made under subsection (2) to be issued and served on the person together with a notice of the person’s right to appeal under section 15.2.

Evidence

15.16 In a proceeding in respect of a violation, a notice purporting to be served under subsection 15.14(1) or a copy of a decision purporting to be served under subsection 15.15(4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

Defence

15.17 (1) It is a defence for a person in a proceeding in relation to a violation to establish that they exercised due diligence to prevent the violation.

Common law principles

(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Vicarious liability — acts of employees and agents and mandataries

15.18 A person is liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against.

Officer, director or agent or mandatary of corporations

15.19 An officer, director or agent or mandatary of a corporation that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against.

Appeal to Federal Court

15.2 (1) Subject to subsection (2), an appeal may be brought in the Federal Court from a decision made under subsection 15.15(2) within 30 days after the day on which the decision is made.

Appeal on question of fact

(2) An appeal on a question of fact may be brought only with the leave of the Federal Court, an application for which shall be made within 30 days after the day on which the decision is made. The appeal may not be brought later than 30 days after the day on which leave to appeal is granted.

Debts due to Her Majesty

15.21 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

(a) the amount payable under an undertaking entered into under subsection 15.13(1), beginning on the day specified in the undertaking or, if no day is specified, beginning on the day on which the undertaking is entered into;

(b) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice;

(c) if representations are made, either the amount of the penalty that is imposed by the Minister or on appeal, as the case may be, beginning on the day specified by the Minister or the court or, if no day is specified, beginning on the day on which the decision is made; and

(d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c).

Time limit or prescription

(2) A proceeding to recover such a debt may not be commenced later than five years after the day on which the debt becomes payable.

Receiver General

(3) A penalty paid or recovered in relation to a violation is payable to the Receiver General.

Certificate of default

15.22 (1) The Minister may issue a certificate for the unpaid amount of any debt referred to in subsection 15.21(1).

Effect of registration

(2) Registration of a certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs.

Time limit or prescription

15.23 (1) A proceeding in respect of a violation may not be commenced later than three years after the day on which the subject-matter of the proceedings becomes known to the Minister.

Certificate of Minister

(2) A document appearing to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to him or her, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.

Publication

15.24 The Minister may make public

(a) the name of a person who committed a violation, the nature of the violation including the acts or omissions, or the provisions at issue and the amount of the penalty; and

(b) the name of a person who enters into an undertaking, the nature of the undertaking including the acts or omissions, or the provisions at issue, the conditions included in the undertaking and, if applicable, the amount of the penalty.

How act or omission may be proceeded with

15.25 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

For greater certainty

15.26 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Regulations

15.27 The Governor in Council may make regulations

(a) designating provisions of this Act whose contravention constitutes a separate violation in respect of each day during which it continues;

(b) for the purpose of paragraph 15.11(1)(e), establishing other factors to be considered in determining the amount of the penalty; and

Division 7

R.S., c. R-8

Revolving Funds Act

Amendment to the Act

1995, c. 5, s. 25(1)(y)

183. The heading “MINISTER OF FOREIGN AFFAIRS” before section 4 of the Revolving Funds Act is replaced by the following:

MINISTER OF CITIZENSHIP AND IMMIGRATION

Coming into Force

July 2, 2013

184. This Division is deemed to have come into force on July 2, 2013.

Division 8

R.S., c. R-9

Royal Canadian Mint Act

185. Section 3 of the Royal Canadian Mint Act is amended by adding the following after subsection (2):

Exception

(2.1) However, the Mint shall not anticipate profit with respect to the provision of any goods or services to Her Majesty in right of Canada, including the minting of circulation coins.

Division 9

R.S., c. 28 (1st Supp.)

Investment Canada Act

Amendments to the Act

186. (1) Paragraph 10(1)(c) of the Investment Canada Act is replaced by the following:

(c) the acquisition of control of a Canadian business in connection with the realization of security granted for a loan or other financial assistance and not for any purpose related to the provisions of this Act, if the acquisition is subject to approval under the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act or the Trust and Loan Companies Act;

(2) Section 10 of the Act is amended by adding the following after subsection (1):

Exempt transactions— Part IV

(1.1) Part IV does not apply in respect of the acquisition of control of a Canadian business in connection with the realization of security granted for a loan or other financial assistance and not for any purpose related to the provisions of this Act, if the acquisition is not subject to approval under the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act or the Trust and Loan Companies Act.

2012, c. 19, s. 480(1)

187. (1) Subparagraph 36(4)(e)(ii) of the Act is replaced by the following:

(ii) any notice sent under subsection 21(1) or (9), 22(2) or (4), 23(1) or (3) or 25.2(1), paragraph 25.2(4)(a), subsection 25.3(2), paragraph 25.3(6)(b) or subsection 25.3(7), or

(2) Subsection 36(4) of the Act is amended by adding the following after paragraph (e.1):

(e.2) the fact that an order was made under subsection 25.4(1) and whether the order

(i) directed the non-Canadian not to implement the investment that is the subject of the order,

(ii) authorized the investment, or

(iii) required the non-Canadian to divest themselves of control of the Canadian business, or of their investment in the entity, that is the subject of the order;

(e.3) any other information contained in an order made under subsection 25.4(1);

(3) Section 36 of the Act is amended by adding the following after subsection (4.1):

Information referred to in paragraph (4)(e.3)

(4.11) The Minister shall inform the Canadian or non-Canadian before communicating or disclosing any information under paragraph (4)(e.3), and the Minister shall not communicate or disclose the information if they satisfy the Minister, without delay, that the communication or disclosure would prejudice them.

2013, c. 33

Related Amendments to the Economic Action Plan 2013 Act, No. 1

188. (1) Section 138 of the Economic Action Plan 2013 Act, No. 1 is amended by replacing the paragraphs 21(5)(a) and (b) that it enacts with the following:

(a) the day on which the Governor in Council takes any measure under subsection 25.4(1) in respect of the investment, and

(b) the day on which the prescribed period referred to in subsection 25.4(1) ends.

(2) Section 138 of the Act is amended by replacing the paragraphs 21(8)(a) and (b) that it enacts with the following:

(a) the day on which the Governor in Council takes any measure under subsection 25.4(1) in respect of the investment, and

(b) the day on which the prescribed period referred to in subsection 25.4(1) ends.

189. Subsection 142(2) of the Act is repealed.

Coordinating Amendments

2013, c.33

190. (1) In this section, “other Act” means the Economic Action Plan 2013 Act, No. 1.

(2) If section 138 of the other Act comes into force before section 188 of this Act, then

(a) that section 188 is deemed never to have come into force and is repealed;

(b) paragraphs 21(5)(a) and (b) of the Investment Canada Act are replaced by the following:

(a) the day on which the Governor in Council takes any measure under subsection 25.4(1) in respect of the investment, and

(b) the day on which the prescribed period referred to in subsection 25.4(1) ends.

(a) the day on which the Governor in Council takes any measure under subsection 25.4(1) in respect of the investment, and

(b) the day on which the prescribed period referred to in subsection 25.4(1) ends.

(3) If section 138 of the other Act comes into force on the same day as section 188 of this Act, then that section 188 is deemed to have come into force before that section 138.

(4) If subsection 142(2) of the other Act comes into force before section 189 of this Act, then

(a) that section 189 is deemed never to have come into force and is repealed; and

(b) subsection 25.4(1.1) of the Investment Canada Act is repealed.

(5) If subsection 142(2) of the other Act comes into force on the same day as section 189 of this Act, then that section 189 is deemed to have come into force before that subsection 142(2).

Division 10

1991, c. 11

Broadcasting Act

191. (1) Subsection 12(1) of the Broadcasting Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:

(a.1) any person has done or is doing any act or thing in contravention of section 34.1, or

(2) Subsection 12(2) of the Act is replaced by the following:

Mandatory orders

(2) The Commission may, by order, require any person to do, without delay or within or at any time and in any manner specified by the Commission, any act or thing that the person is or may be required to do under this Part or any regulation, licence, decision or order made or issued by the Commission under this Part and may, by order, forbid the doing or continuing of any act or thing that is contrary to this Part, to any such regulation, licence, decision or order or to section 34.1.

192. The Act is amended by adding the following after section 34:

PART II.1

OFFENCE — PAPER BILL

Prohibition

34.1 No person who carries on a broadcasting undertaking shall charge a subscriber for providing the subscriber with a paper bill.

Offence

34.2. Every person who contravenes section 34.1 is guilty of an offence punishable on summary conviction and is liable

(a) in the case of an individual, to a fine not exceeding $25,000 for a first offence and not exceeding $50,000 for each subsequent offence; or

(b) in the case of a corporation, to a fine not exceeding $250,000 for a first offence and not exceeding $500,000 for each subsequent offence.

Limitation

34.3 No proceedings for an offence under section 34.2 are to be instituted more than two years after the time when the subject-matter of the proceedings arose.

Division 11

1993, c. 38

Telecommunications Act

Amendments to the Act

193. The Telecommunications Act is amended by adding the following after section 24:

Conditions of service — person other than Canadian carrier

24.1 The offering and provision of any telecommunications service by any person other than a Canadian carrier are subject to any conditions imposed by the Commission, including those relating to

(a) service terms and conditions in contracts with users of telecommunications services;

(b) protection of the privacy of those users;

(d) access to telecommunications services by persons with disabilities.

194. The Act is amended by adding the following after section 27.1:

Paper bill

27.2 Any person who provides telecommunications services shall not charge a subscriber for providing the subscriber with a paper bill.

2003, c. 22, par. 224(z.81)(E)

195. Subsections 39(3) to (5) of the Act are replaced by the following:

Persons who shall not disclose information

(3) Subsection (2) applies to any person referred to in any of the following paragraphs who comes into possession of designated information while holding the office or employment described in that paragraph, whether or not the person has ceased to hold that office or be so employed:

(a) a member of, or person employed by, the Commission;

(b) in respect of information disclosed under paragraph 4(b) or 5(b), the Commissioner of Competition appointed under the Competition Act or a person whose duties involve the carrying out of that Act and who is referred to in section 25 of that Act;

(c) in respect of information provided under subsection 37(3), the Minister, the Chief Statistician of Canada, an agent of or a person employed in the federal public administration.

Disclosure of information submitted in proceedings

(4) If designated information is submitted in the course of proceedings before the Commission, the Commission may

(a) disclose or require its disclosure if it determines, after considering any representations from interested persons, that the disclosure is in the public interest; and

(b) disclose or require its disclosure to the Commissioner of Competition on the Commissioner’s request if it determines that the information is relevant to competition issues being considered in the proceedings.

Disclosure of other information

(5) If designated information is submitted to the Commission otherwise than in the course of proceedings before it, the Commission may

(a) disclose or require its disclosure if, after considering any representations from interested persons, it considers that the information is relevant to the determination of a matter before it and determines that the disclosure is in the public interest; and

(b) disclose or require its disclosure to the Commissioner of Competition on the Commissioner’s request if it considers that the information is relevant to competition issues being raised in the matter before it.

Use of information disclosed to Commissioner of Competition

(5.01) Neither the Commissioner of Competition nor any person whose duties involve the administration and enforcement of the Competition Act and who is referred to in section 25 of that Act shall use information that is disclosed

(a) under paragraph (4)(b) other than to facilitate the Commissioner’s participation in proceedings referred to in subsection (4); or

(b) under paragraph (5)(b) other than to facilitate the Commissioner’s participation in a matter referred to in subsection (5).

1998, c. 8, s. 8

196. Section 69.2 of the Act is replaced by the following:

Registration

69.2 (1) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which registration is required under this Act, unless it is registered.

Specifications and markings

(2) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which technical specifications or markings are required under section 69.3 or 69.4, unless the apparatus complies with those requirements.

1998, c. 8, s. 8

197. (1) Paragraphs 69.3(1)(a) to (d) of the Act are replaced by the following:

(a) register telecommunications apparatus and fix any conditions and the duration of the registration;

(a.1) establish requirements for the registration of telecommunications apparatus;

(a.2) establish the procedure governing applications for registration;

(b) amend the conditions and change the duration of the registration;

(d) establish technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus and any requirements relating to those technical specifications and markings;

1998, c. 8, s. 8

(2) Paragraphs 69.3(1)(f) and (g) of the Act are replaced by the following:

(f) require an applicant for registration to disclose to the Minister any information that the Minister considers appropriate respecting the present and proposed use of the telecommunications apparatus in question;

(f.1) establish fees for registration, applications for registration and examinations or testing in relation to registration, and respecting interest payable on unpaid fees;

(g) require the registrant to inform the Minister of any material changes in information disclosed under paragraph (f);

(g.1) establish requirements to recognize and designate foreign and domestic persons that are competent to assess whether telecommunications apparatus complies with the appli-cable foreign or domestic technical specifi-cations;

1998, c. 8, s. 8

(3) Paragraph 69.3(1)(h) of the Act is repealed.

1998, c. 8, s. 8

(4) Subsections 69.3(2) and (3) of the Act are replaced by the following:

Delegation of powers

(2) The Minister may authorize any person to exercise any of the powers that are granted to the Minister under this Part, or by the regulations made under this Part, subject to any conditions that the Minister may fix.

Suspension or revocation of registration

(3) The Minister may suspend or revoke a registration

(a) with the consent of the registrant;

(b) after giving written notice to the registrant and giving the registrant a reasonable opportunity to make representations to the Minister with respect to the notice, if the Minister is satisfied that

(i) the registrant has contravened this Part, the regulations made under this Part or the conditions of the registration,

(ii) the registration was obtained through misrepresentation, or

(iii) the apparatus does not comply with the applicable technical specifications or markings; or

(c) on giving written notice of suspension or revocation to the registrant, without having to give the registrant an opportunity to make representations to the Minister with respect to the notice, if the registrant has failed to comply with a request to pay fees or interest due.

1998, c. 8, s. 8

198. (1) Paragraphs 69.4(1)(b) to (f) of the Act are replaced by the following:

(d) prescribing the form of registration or markings, or any class of registration or markings;

1998, c. 8, s. 8

(2) Paragraph 69.4(1)(i) of the Act is repealed.

1998, c. 8, s. 8

199. Section 69.5 of the Act is repealed.

200. (1) Subsections 71(1) and (2) of the Act are replaced by the following:

Designation of inspectors

71. (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or any special Act for which the Commission is responsible and with the decisions of the Commission under this Act.

Designation of inspectors

(2) The Minister may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act for which the Minister is responsible.

1999, c. 31, s. 207(F)

(2) The portion of subsection 71(4) of the Act before paragraph (b) is replaced by the following:

Powers of inspectors

(4) An inspector may, subject to subsection (5), for the purposes for which the inspector was designated an inspector,

(a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act or any special Act, and examine the document, information or thing or remove it for examination or reproduction;

(3) Paragraph 71(4)(b) of the English version of the Act is replaced by the following:

(b) make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system;

(4) Paragraphs 71(4)(c) and (d) of the Act are replaced by the following:

(c) reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

(d) use any copying equipment or means of communication in the place.

(5) Subsections 71(5) and (6) of the Act are replaced by the following:

Warrant required to enter dwelling-house

(5) An inspector may not enter a dwelling-house without the consent of the occupant or under the authority of a warrant.

Authority to issue warrant

(6) On an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

(a) the dwelling-house is a place described in paragraph (4)(a);

(b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act or any special Act; and

(c) entry has been refused or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

(6) Section 71 of the Act is amended by adding the following after subsection (7):

Assistance to inspectors

(8) The owner or person in charge of a place entered by an inspector shall provide all assistance that is reasonably required to enable the inspector to perform their functions under this Part, and shall provide any information that is reasonably expected for that purpose.

Information requirement

(9) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act or any special Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.

Obstruction, false information

(10) No person shall

(a) resist or wilfully obstruct the inspector in carrying out his or her duties; or

(b) knowingly make a false or misleading statement, either orally or in writing, to the inspector.

201. The Act is amended by adding the following after section 72:

General Administrative Monetary Penalties Scheme

Commission of violation

72.001 Every contravention of a provision of this Act, other than section 17 or 69.2, and every contravention of a regulation or decision made by the Commission under this Act, other than a prohibition or a requirement of the Commission made under section 41, constitutes a violation and the person who commits the violation is liable

(a) in the case of an individual, to an administrative monetary penalty not exceeding $25,000 and, for a subsequent contravention, a penalty not exceeding $50,000; or

(b) in any other case, to an administrative monetary penalty not exceeding $10,000,000 and, for a subsequent contravention, a penalty not exceeding $15,000,000.

Criteria for penalty

72.002 (1) The amount of the penalty is to be determined by taking into account the following factors:

(a) the nature and scope of the violation;

(b) the history of compliance with this Act, the regulations or the decisions made by the Commission under this Act, by the person who committed the violation;

(d) the person’s ability to pay the penalty;

(e) any factors established by any regulations; and

(f) any other relevant factor.

Purpose of penalty

(2) The purpose of the penalty is to promote compliance with this Act, the regulations or the decisions made by the Commission under this Act, and not to punish.

Procedures

72.003 Despite subsection 72.005(1), the Commission may impose a penalty in a decision in the course of a proceeding before it under this Act in which it finds that there has been a contravention of a provision, a regulation or a decision referred to in section 72.001.

Power of Commission — violation

72.004 The Commission may

(a) designate a person, or class of persons, that is authorized to issue notices of violation or accept an undertaking; and

(b) establish, in respect of each violation, a short-form description to be used in notices of violation.

Issuance and service

72.005 (1) A person who is designated to issue notices of violation and who believes, on reasonable grounds, that a person has committed a violation may issue, and shall cause to be served on the person, a notice of violation.

Contents of notice

(2) The notice of violation must name the person believed to have committed the violation, identify the violation and include

(a) the penalty that the person is liable to pay;

(b) a statement as to the right of the person, within 30 days after the day on which the notice is served, or within any longer period that the Commission specifies, to pay the penalty or to make representations with respect to the violation and the penalty, and the manner for doing so; and

(c) a statement indicating that if the person does not pay the penalty or make representations in accordance with the notice, the person will be deemed to have committed the violation and the penalty may be imposed.

Entry into undertaking

72.006 (1) A person may enter into an undertaking at any time.

Contents

(2) An undertaking

(a) must be accepted by a person who is authorized to accept an undertaking;

(b) must identify every act or omission that constitutes a contravention and that is covered by the undertaking;

(d) may contain any conditions that the person who is authorized to accept an undertaking considers appropriate; and

(e) may include a requirement to pay a specified amount.

Undertaking before notice of violation

(3) If a person enters into an undertaking, no notice of violation may be served on them in connection with any act or omission referred to in the undertaking.

Undertaking after notice of violation

(4) If a person enters into an undertaking after a notice of violation is served on them, the proceeding that is commenced by the notice of violation is ended in respect of that person in connection with any act or omission referred to in the undertaking.

Failure to respect undertaking

(5) Failure to respect an undertaking constitutes a violation.

Payment

72.007 (1) If a person who is served with a notice of violation pays the penalty proposed in the notice, the person is deemed to have committed the violation and the proceedings in respect of it are ended.

Representations to Commission

(2) If a person who is served with a notice of violation makes representations in accordance with the notice, the Commission shall decide, on a balance of probabilities, after considering any other representations that it considers appropriate, whether the person committed the violation and, if it so decides, it may impose the penalty set out in the notice, a lesser penalty or no penalty.

Failure to pay or make representations

Copy of decision and notice of rights

(4) The Commission shall cause a copy of any decision made under subsection (2) or (3) to be issued and served on the person together with a notice of the person’s right to apply for a review under section 62 or for leave to appeal under section 64.

Officer, director or agent or mandatary of corporations

72.008 An officer, director or agent or mandatary of a corporation that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against.

Debt due to Her Majesty

72.009 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

(a) the amount of the penalty imposed by the Commission in a decision in the course of a proceeding before it under this Act in which it finds that there has been a contravention of a provision, a regulation or a decision referred to in section 72.001;

(b) the amount payable under an undertaking entered into under subsection 72.006(1) beginning on the day specified in the undertaking or, if no day is specified, beginning on the day on which the undertaking is entered into;

(c) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice;

(d) if representations are made, either the amount of the penalty that is imposed by the Commission or on appeal, as the case may be, beginning on the day specified by the Commission or the court or, if no day is specified, beginning on the day on which the decision is made; and

(e) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d).

Time limit or prescription

(2) A proceeding to recover such a debt may not be commenced later than five years after the day on which the debt becomes payable.

Receiver General

(3) A penalty paid or recovered in relation to a violation is payable to the Receiver General.

Certificate of default

(4) The Commission may issue a certificate for the unpaid amount of any debt referred to in subsection (1).

Registration in Federal Court

(5) Registration in the Federal Court of a certificate made under subsection (4) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.

Time limit or prescription

72.0091 (1) A proceeding in respect of a violation may not be commenced later than three years after the day on which the subject-matter of the proceedings becomes known to the Commission.

Certificate of secretary to Commission

(2) A document appearing to have been issued by the secretary to the Commission, certifying the day on which the subject-matter of any proceedings became known to the Commission, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.

Publication

72.0092 The Commission may make public

(a) the name of a person who enters into an undertaking, the nature of the undertaking including the acts or omissions, the provisions or the decisions at issue, the conditions included in the undertaking and, if applicable, the amount of the penalty; and

(b) the name of a person who committed the violation, the nature of the violation including the acts or omissions and provisions or decisions at issue and the amount of the penalty.

Regulations

72.0093 The Governor in Council may make regulations

(a) exempting from the application of section 72.001 any provision of this Act or the regulations or any decision;

(b) for the purpose of paragraph 72.002(1)(e), establishing other factors to be considered in determining the amount of the penalty; and

2005, c. 50, s. 2

202. The heading before section 72.01 of the Act is replaced by the following:

Administrative Monetary Penalties Scheme for Unsolicited Telecommunications

2005, c. 50, s. 2

203. Section 72.02 of the Act is repealed.

2005, c. 50, s. 2

204. Sections 72.05 and 72.06 of the Act are repealed.

2005, c. 50, s. 2

205. Subsection 72.08(4) of the Act is replaced by the following:

Copy of decision and notice of rights

(4) The Commission must cause a copy of any decision made under subsection (2) or (3) to be issued and served on the person together with a notice of the person’s right to apply for a review under section 62 or for leave to appeal under section 64.

2005, c. 50, s. 2

206. Sections 72.1 and 72.11 of the Act are repealed.

2005, c. 50, s. 2

207. Sections 72.14 and 72.15 of the Act are replaced by the following:

Provisions Applicable to Both Administrative Monetary Penalties Schemes

Evidence

72.14 In a proceeding in respect of a violation, a notice purporting to be served under subsection 72.005(1) or 72.07(1) or a copy of a decision purporting to be served under subsection 72.007(4) or 72.08(4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

Defence

72.15 (1) It is a defence for a person in a proceeding in relation to a violation to establish that the person exercised due diligence to prevent the violation.

Common law principles

(2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Vicarious liability — acts of employees, agents and mandataries

72.16 A person is liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against.

How act or omission may be proceeded with

72.17 If an act or omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

For greater certainty

72.18 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Section 12 does not apply

72.19 Section 12 does not apply in respect of any decision of the Commission made under subsection 72.007(2) or (3) or 72.08(2) or (3) or the portion of the decision made under section 72.003 relating to the finding of a contravention and the imposition of a penalty.

1998, c. 8, s. 9(3)

208. (1) Paragraph 73(2)(d) of the Act is replaced by the following:

(d) knowingly makes a material misrepresentation of fact or omits to state a material fact to the Minister, the Commission, a person appointed under section 70 or an inspector appointed under section 71, or a person designated under section 72.004 or 72.04

2002, c. 17, s. 30

(2) Subsection 73(4) of the Act is replaced by the following:

Consent of Minister required

(4) A prosecution may not be commenced under this section in respect of a contravention of any provision of Part I, of section 17 or of any regulations made under subsection 22(2), or in respect of a material misrepresentation of fact or an omission to state a material fact to the Minister, without the consent of the Minister.

Coordinating Amendments

2014, c. 12

209. (1) In this section, “other Act” means the Fair Elections Act.

(2) On the first day on which both subsection 137(1) of the other Act and subsection 200(1) of this Act are in force, subsection 71(1) of the Telecommunications Act is replaced by the following:

Designation of inspectors

71. (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act, and with the decisions of the Commission under this Act.

(3) On the first day on which both subsection 137(2) of the other Act and subsection 200(2) of this Act are in force, the portion of subsection 71(4) of the Telecommunications Act before paragraph (b) is replaced by the following:

Powers of inspectors

(4) An inspector may, subject to subsection (5), for the purposes for which the inspector was designated an inspector,

(a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act, and examine the document, information or thing or remove it for examination or reproduction;

(4) If subsection 200(5) of this Act comes into force before subsection 137(3) of the other Act, then that subsection 137(3) is repealed.

(5) If subsection 137(3) of the other Act and subsection 200(5) of this Act come into force on the same day, then that subsection 137(3) is deemed to have come into force before that subsection 200(5).

(6) On the first day on which both subsection 137(4) of the other Act and subsection 200(5) of this Act are in force, paragraph 71(6)(b) of the Telecommunications Act is replaced by the following:

(b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act; and

(7) If section 139 of the other Act comes into force before section 204 of this Act, subsection 71(9) of the Telecommunications Act, as enacted by subsection 200(6) of this Act, is replaced by the following:

Information requirement

(9) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.

(8) If section 204 of this Act comes into force before section 139 of the other Act, then

(a) that section 139 is repealed; and

(b) the other Act is amended by adding the following after subsection 137(4):

(5) Subsection 71(9) of the Act is replaced by the following:

Information requirement

(9) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.

(9) If section 139 of the other Act and section 204 of this Act come into force on the same day, then that section 139 is deemed to have come into force before that section 204 and subsection (7) applies as a consequence.

(10) If section 204 of this Act comes into force before section 140 of the other Act, then that section 140 is repealed.

(11) If section 140 of the other Act and section 204 of this Act come into force on the same day, then that section 140 is deemed to have come into force before that section 204.

(12) If section 141 of the other Act comes into force before section 206 of this Act, then subsection 72.15(2) of the Telecommunications Act, as enacted by section 207 of this Act, is replaced by the following:

Common law principles

(2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence under this Act or Division 1.1 of Part 16.1 of the Canada Elections Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

(13) If section 206 of this Act comes into force before section 141 of the other Act, then

(a) that section 141 is repealed; and

(b) the other Act is amended by adding the following after section 142:

142.1 Subsection 72.15(2) of the Act is replaced by the following:

Common law principles

(14) If section 141 of the other Act and section 206 of this Act come into force on the same day, then that section 141 is deemed to have come into force before that section 206 and subsection (12) applies as a consequence.

(15) If section 142 of the other Act comes into force before section 207 of this Act, then section 72.17 of the Telecommunications Act, as enacted by that section 207, is replaced by the following:

How act or omission may be proceeded with

72.17 If an act or omission can be proceeded with either as a violation or as an offence under this Act or Division 1.1 of Part 16.1 of the Canada Elections Act, proceeding in one manner precludes proceeding in the other.

(16) If section 207 of this Act comes into force before section 142 of the other Act, then

(a) that section 142 is repealed; and

(b) the other Act is amended by adding the following after section 143:

143.1 Section 72.17 of the Act is replaced by the following:

How act or omission may be proceeded with

(17) If section 142 of the other Act and section 207 of this Act come into force on the same day, then that section 142 is deemed to have come into force before that section 207 and subsection (15) applies as a consequence.

(18) On the first day on which both section 72.16 of the Telecommunications Act, as enacted by section 143 of the other Act, and section 72.16 of the Telecommunications Act, as enacted by section 207 of this Act, are in force, section 72.16 of the Telecommunications Act, as enacted by section 143 of the other Act, is replaced by the following and is repositioned accordingly:

Group considered corporation

72.2 For the purposes of sections 71 and 72.01 to 72.19, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.