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 2016-05-12 and last amended on 2015-01-15. Previous Versions

Notices of Violation

Marginal note:Notice of violation
  •  (1) A person who is designated for the purpose of this section may issue a notice of violation and cause it to be served on a person if they believe on reasonable grounds that the person has committed a violation.

  • Marginal note:Contents of notice

    (2) The notice of violation must

    • (a) name the person believed to have committed the violation;

    • (b) identify every act or omission for which the notice is served and every provision at issue;

    • (c) set out the administrative monetary penalty that the person is liable to pay and the time and manner of payment;

    • (d) inform the person that they may make representations to the Commission within 30 days after the day on which the notice is served or any longer period set out in the notice, and set out the manner for making the representations;

    • (e) inform the person that, if they do not pay the penalty or make representations in accordance with the notice, they will be deemed to have committed the violation and that the penalty set out in the notice will be imposed; and

    • (f) inform the person that if they are found or are deemed to have committed a violation they may be made the subject of an order requiring them to do what this Act requires them to do, or forbidding them to do what this Act prohibits them from doing, and that the order can be enforced as an order of a court of competent jurisdiction.

Marginal note:Limitation period
  •  (1) No proceeding in respect of a violation may be commenced later than three years after the day on which the subject matter of the proceeding became known to a person designated under section 14.

  • Marginal note:Certificate

    (2) A document that appears to have been issued by the secretary to the Commission, certifying the day on which the subject matter of any proceeding became known to a person designated under section 14, is admissible in evidence without proof of the signature or official character of the person who appears to have signed the document and is proof of the matter asserted in it in the absence of evidence to the contrary.

Determination of Responsibility

Marginal note:Options
  •  (1) A person who is served with a notice of violation must, in accordance with the notice, pay the penalty set out in the notice or make representations with respect to the amount of the penalty or the acts or omissions that constitute the alleged violation.

  • Marginal note:Deemed violation

    (2) A person is deemed to have committed the violation if they either pay the penalty in accordance with the notice of violation or do not pay the penalty and do not make representations, in accordance with the notice of violation.

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.

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

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

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.

Marginal note:Certificate of default
  •  (1) The Commission may issue a certif­icate certifying the unpaid amount of any debt referred to in subsection 28(1).

  • Marginal note: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.

Rules about Violations

Marginal note:For greater certainty

 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

 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

 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
  •  (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.

General Provisions

Marginal note:Questions of law and fact
  •  (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

 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.

 
Date modified: