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:Contravention of section 6
  •  (1) A person contravenes section 6 only if a computer system located in Canada is used to send or access the electronic message.

  • Marginal note:Contravention of section 7

    (2) A person contravenes section 7 only if a computer system located in Canada is used to send, route or access the electronic message.

The following provision is not in force.
Marginal note:Burden of proof

 A person who alleges that they have consent to do an act that would otherwise be prohibited under any of sections 6 to 8 has the onus of proving it.

ADMINISTRATIVE MONETARY PENALTIES

Designation

The following provision is not in force.
Marginal note:Designated persons

 For the purposes of any of sections 15 to 46, the Commission may designate persons or classes of persons appointed under section 8 of the Canadian Radio-television and Telecommunications Commission Act to exercise powers in relation to any matter referred to in the designation.

Preservation Demand

The following provision is not in force.
Marginal note:Preservation demand
  •  (1) A person who is designated for the purpose of this section may cause a demand to be served on a telecommunications service provider requiring it to preserve transmission data that is in, or comes into, its possession or control.

  • Marginal note:Expiry and revocation

    (2) Subject to subsection (5), the demand expires 21 days after the day on which it is served unless, before its expiry, a notice extending the demand for an additional period of 21 days is served on the telecommunications service provider. A demand may not be extended more than once and a notice revoking the demand may be served on the telecommunications service provider at any time.

  • Marginal note:Purpose of demand

    (3) A person who is designated for the purpose of this section may make or extend a demand only for the purpose of one or more of the following:

    • (a) verifying compliance with this Act;

    • (b) determining whether any of sections 6 to 9 has been contravened; and

    • (c) assisting an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct prohibited under any of sections 6 to 9.

  • Marginal note:Conditions to prevent disclosure

    (4) The designated person causing a demand to be served may impose conditions in the demand to prevent the disclosure of some or all of its contents or its existence if they have reasonable grounds to believe that the disclosure would jeopardize the conduct of

    • (a) an investigation under this Act; or

    • (b) an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct prohibited under any of sections 6 to 9.

  • Marginal note:Expiry and revocation of conditions

    (5) A condition imposed to prevent disclosure expires six months after the day on which the demand is served on the telecommunications service provider unless, before its expiry, a notice extending the condition for an additional period of six months is served on the telecommunications service provider. A condition may not be extended more than once and a notice revoking the condition may be served on the telecommunications service provider at any time.

  • Marginal note:Preservation and destruction of transmission data

    (6) A telecommunications service provider that is served with a demand must

    • (a) subject to subsections 16(2) and (3), preserve the data until the demand expires or is revoked; and

    • (b) destroy the data that would not be retained in the normal course of business and any document that is prepared for the purpose of preserving data under this section as soon as the demand expires or is revoked, unless a notice requiring the production of a document based on that data has been served on it under section 17.