An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (S.C. 2010, c. 23)

Marginal note:For greater certainty

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

Marginal note:Directors, officers, etc., of corporations

31. An officer, director, 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.

Marginal note:Vicarious liability

32. A person is liable for a violation that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary is identified or proceeded against.

Marginal note:Defence

• 33. (1) A person must not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation.

• Marginal note: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 applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Questions of law and fact

• 34. (1) The Commission may decide any question of law or of fact in a proceeding under this Act.

• Marginal note:Factual findings of court

  (2) In deciding a question of fact, the Commission is not bound by the finding or judgment of a court. However, the finding or judgment of a court is admissible in proceedings of the Commission.

• Marginal note:Pending proceedings

  (3) The power of the Commission to decide a question of fact is not affected by proceedings pending before a court in which the question is in issue.

Marginal note:Judicial powers

35. In a proceeding under this Act, the Commission has the powers of a superior court with respect to the attendance and examination of witnesses and the production and examination of documents or things.

Marginal note:Panels of Commission

• 36. (1) The Chairperson of the Commission may establish panels to decide any matter on behalf of the Commission in a proceeding under this Act.

• Marginal note:Presiding member

  (2) If a panel consists of more than one member, the Chairperson must designate one of the members to preside over the panel.

• Marginal note:Decision

  (3) A decision of a majority of the members of a panel is a decision of the panel.

• Marginal note:Acting after expiry of appointment

  (4) A member whose appointment expires may, with the approval of the Chairperson, conclude any proceeding that the member has begun.

• Marginal note:Powers of panel

  (5) A panel may exercise the powers and perform the duties and functions of the Commission under this Act in relation to any matter before the panel.