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)

Act current to 2014-06-12 and last amended on 2011-04-01. Previous Versions

The following provision is not in force.
Marginal note:Representations
  •  (1) If a person makes representations in accordance with the notice, the Commission must decide, on a balance of probabilities, whether the person committed the violation and, if so, may impose the penalty set out in the notice of violation, may reduce or waive the penalty, or may suspend payment of the penalty subject to any conditions that the Commission considers necessary to ensure compliance with this Act.

  • Marginal note:Notice of decision

    (2) The Commission must cause a copy of its decision to be served on the person together with a notice of their right to appeal.

The following provision is not in force.
Marginal note:Restraining orders
  •  (1) If a person is deemed under subsection 24(2) to have committed a violation or has been found under subsection 25(1) to have committed a violation, the Commission may make an order directing the person to cease contravening the provision to which the violation relates.

  • Marginal note:Notice of decision

    (2) The Commission must cause a copy of its order to be served on the person together with a notice of their right to appeal.

Appeal to Federal Court of Appeal

The following provision is not in force.
Marginal note:Appeal to Federal Court of Appeal
  •  (1) Subject to subsection (2), an appeal may be brought in the Federal Court of Appeal from a decision made under section 16, 18 or 25 or an order made under section 26 within 30 days after the day on which the decision or order, as the case may be, is made.

  • Marginal note:Appeal on question of fact

    (2) An appeal on a question of fact from a decision made under section 16, 18 or 25 or an order made under section 26 may be brought only with the leave of the Federal Court of Appeal, an application for which must be made within 30 days after the day on which the decision or order, as the case may be, is made. The appeal may not be brought later than 30 days after the day on which leave to appeal is granted.

Recovery of Penalties and Other Amounts

The following provision is not in force.
Marginal note:Debts due to Her Majesty
  •  (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 21(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 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

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

  • Marginal note:Limitation period — 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.

  • Marginal note:Receiver General

    (3) The debt is payable to the Receiver General.