14. [Repealed, 1989, c. 17, s. 6]

Marginal note:Disposition of fines

15. All fines imposed by this Act or the regulations belong to Her Majesty in right of Canada and shall be paid to the Receiver General.

Marginal note:Certificates or reports of inspectors

• 16. (1) In any proceeding under this Act, or in any other proceeding to which the legislative jurisdiction of Parliament extends, a certificate or report purporting to have been given by an inspector who did an inspection or test pursuant to this Act and to have been signed by that inspector is admissible in evidence and, in the absence of any evidence to the contrary, is proof of the matters stated therein relating to the inspection or test, without proof of the signature, official character or capacity of the person appearing to have signed the certificate or report.

• Marginal note:No admissibility without notice

  (2) No certificate or report shall be received in evidence pursuant to subsection (1) unless the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

• Marginal note:Attendance of inspector

  (3) A party who receives notice under subsection (2) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination.

Marginal note:Protection from personal liability

• 17. (1) No action or other proceeding for damages lies or may be instituted against a Minister, servant or agent of the Crown for or in respect of anything done or omitted to be done, or purported to be done or omitted to be done, in good faith under this Act or any order or regulation issued or made under this Act.

• Marginal note:Crown not relieved of liability

  (2) Subsection (1) does not relieve the Crown of liability for the acts or omissions described therein, and the Crown is liable under the Crown Liability Act or any other law as if that subsection had not been enacted.

Marginal note:Right of civil action

• 18. (1) Any person who

  • (a) holds an interest in the content of a subscription programming signal or network feed, by virtue of copyright ownership or a licence granted by a copyright owner,

  • (b) is authorized by the lawful distributor of a subscription programming signal or network feed to communicate the signal or feed to the public,

  • (c) holds a licence to carry on a broadcasting undertaking issued by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act, or

  • (d) develops a system or technology, or manufactures or supplies to a lawful distributor equipment, for the purpose of encrypting a subscription programming signal or network feed, or manufactures, supplies or sells decoders, to enable authorized persons to decode an encrypted subscription programming signal or encrypted network feed

  may, where the person has suffered loss or damage as a result of conduct that is contrary to paragraph 9(1)(c), (d) or (e) or 10(1)(b), in any court of competent jurisdiction, sue for and recover damages from the person who engaged in the conduct, or obtain such other remedy, by way of injunction, accounting or otherwise, as the court considers appropriate.

• Marginal note:Rules applicable

  (2) In an action under subsection (1) against a person,

  • (a) a monetary judgment may not exceed one thousand dollars where the person is an individual and the conduct engaged in by the person is neither contrary to paragraph 9(1)(e) or 10(1)(b) nor engaged in for commercial gain; and

  • (b) the costs of the parties are in the discretion of the court.

• Marginal note:Evidence of prior proceedings

  (3) In an action under subsection (1) against a person, the record of proceedings in any court in which that person was convicted of an offence under paragraph 9(1)(c), (d) or (e) or 10(1)(b) is, in the absence of any evidence to the contrary, proof that the person against whom the action is brought engaged in conduct that was contrary to that paragraph, and any evidence given in those proceedings as to the effect of that conduct on the person bringing the action is evidence thereof in the action.

• Marginal note:Jurisdiction of Federal Court

  (4) For the purposes of an action under subsection (1), the Federal Court is a court of competent jurisdiction.

• Marginal note:Limitation

  (5) An action under subsection (1) may be commenced within, but not after, three years after the conduct giving rise to the action was engaged in.

• Marginal note:Copyright Act

  (6) Nothing in this section affects any right or remedy that an aggrieved person may have under the Copyright Act.