Marginal note:Presumption — offence outside Canada
15. (1) In a proceeding for a contravention of section 3, a foreign publisher who commits an act outside Canada that, if committed in Canada, would be an offence under that section is deemed to commit that act in Canada.
(2) Proceedings for an offence that is deemed to have been committed in Canada may, whether or not the foreign publisher is in Canada, be commenced in any territorial division in Canada and the foreign publisher may be tried and punished for that offence in the same manner as if the offence had been committed in that territorial division.
Marginal note:Appearance of accused at trial
(3) For greater certainty, in a proceeding commenced in any territorial division under subsection (2), the provisions of the Criminal Code relating to requirements that an accused appear at and be present during proceedings and any exceptions to those requirements apply.
Marginal note:Limitation period
16. A prosecution for a summary conviction offence under this Act may not be instituted more than one year after the offence was committed.
RECOVERY OF FINES BY CIVIL JUDGMENT
Marginal note:Recovery of fines by civil judgment
17. The conviction for an offence under this Act of a person who does not, when required, pay a fine imposed in relation to that offence may be filed by the prosecutor in the superior court of the province in which the trial was held. When so filed, the conviction is entered as a judgment for a debt in the amount of the fine and costs, if any, and is enforceable against the person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.
Marginal note:Certificates and reports
18. (1) In a proceeding under this Act, a report of an investigator appearing to have been signed by the investigator or a certificate, as the case may be, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and is evidence of the matters asserted in it.
Marginal note:Copies or extracts
(2) In a proceeding under this Act, a copy of or an extract from any book, record, electronic data or document, made by an investigator under this Act and appearing to have been certified under the investigator’s signature as a true copy or extract, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the copy or extract and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.
Marginal note:Presumption of advertising services for Canadian advertiser
19. In a prosecution against a foreign publisher for an offence under section 3, proof that advertising content bears the name, trade-name or trade-mark of a Canadian advertiser or an address or a telephone number that appears to be that of a Canadian advertiser is proof, in the absence of evidence to the contrary, that advertising services were supplied by the foreign publisher to the Canadian advertiser or to a person acting on their behalf.
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