20. (1) Every person who contravenes any of sections 6 to 9 commits a violation for which they are liable to an administrative monetary penalty.
Marginal note:Purpose of penalty
(2) The purpose of a penalty is to promote compliance with this Act and not to punish.
Marginal note:Factors for penalty
(3) The following factors must be taken into account when determining the amount of a penalty:
(a) the purpose of the penalty;
(b) the nature and scope of the violation;
(c) the person’s history with respect to any previous violation under this Act, any previous conduct that is reviewable under section 74.011 of the Competition Act and any previous contravention of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act;
(d) the person’s history with respect to any previous undertaking entered into under subsection 21(1) and any previous consent agreement signed under subsection 74.12(1) of the Competition Act that relates to acts or omissions that constitute conduct that is reviewable under section 74.011 of that Act;
(e) any financial benefit that the person obtained from the commission of the violation;
(f) the person’s ability to pay the penalty;
(g) whether the person has voluntarily paid compensation to a person affected by the violation;
(h) the factors established by the regulations; and
(i) any other relevant factor.
Marginal note:Maximum penalties
(4) The maximum penalty for a violation is $1,000,000 in the case of an individual, and $10,000,000 in the case of any other person.
(5) The Governor in Council may make regulations
(a) designating provisions whose contravention constitutes a separate violation in respect of each day during which it continues; and
(b) establishing factors for the purposes of paragraph (3)(h).
Marginal note:Entry into undertaking
21. (1) A person may enter into an undertaking at any time.
(2) An undertaking
(a) must be accepted by a person who is designated for the purpose of this section;
(b) must identify every act or omission committed that constitutes a contravention of any of sections 6 to 9 and that is covered by the undertaking;
(c) must identify every provision at issue;
(d) may contain any conditions that the designated person considers appropriate; and
(e) may include a requirement to pay a specified amount.
Marginal note: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 an act or omission referred to in the undertaking.
Marginal note:Undertaking after notice of violation
(4) If a person enters into an undertaking after a notice of violation is served on them, the proceeding 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.
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