Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
Full Document:
Assented to 2014-12-16
Marginal note:2005, c. 50, s. 2
206. Sections 72.1 and 72.11 of the Act are repealed.
Marginal note:2005, c. 50, s. 2
207. Sections 72.14 and 72.15 of the Act are replaced by the following:
Provisions Applicable to Both Administrative Monetary Penalties Schemes
Marginal note:Evidence
72.14 In a proceeding in respect of a violation, a notice purporting to be served under subsection 72.005(1) or 72.07(1) or a copy of a decision purporting to be served under subsection 72.007(4) or 72.08(4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.
Marginal note:Defence
72.15 (1) It is a defence for a person in a proceeding in relation to a violation to establish that the person exercised due diligence to prevent 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 under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
Marginal note:Vicarious liability — acts of employees, agents and mandataries
72.16 A person is liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against.
Marginal note:How act or omission may be proceeded with
72.17 If an act or omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
Marginal note:For greater certainty
72.18 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.
Marginal note:Section 12 does not apply
72.19 Section 12 does not apply in respect of any decision of the Commission made under subsection 72.007(2) or (3) or 72.08(2) or (3) or the portion of the decision made under section 72.003 relating to the finding of a contravention and the imposition of a penalty.
Marginal note:1998, c. 8, s. 9(3)
208. (1) Paragraph 73(2)(d) of the Act is replaced by the following:
(d) knowingly makes a material misrepresentation of fact or omits to state a material fact to the Minister, the Commission, a person appointed under section 70 or an inspector appointed under section 71, or a person designated under section 72.004 or 72.04
Marginal note:2002, c. 17, s. 30
(2) Subsection 73(4) of the Act is replaced by the following:
Marginal note:Consent of Minister required
(4) A prosecution may not be commenced under this section in respect of a contravention of any provision of Part I, of section 17 or of any regulations made under subsection 22(2), or in respect of a material misrepresentation of fact or an omission to state a material fact to the Minister, without the consent of the Minister.
Coordinating Amendments
Marginal note:2014, c. 12
209. (1) In this section, “other Act” means the Fair Elections Act.
(2) On the first day on which both subsection 137(1) of the other Act and subsection 200(1) of this Act are in force, subsection 71(1) of the Telecommunications Act is replaced by the following:
Marginal note:Designation of inspectors
71. (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act, and with the decisions of the Commission under this Act.
(3) On the first day on which both subsection 137(2) of the other Act and subsection 200(2) of this Act are in force, the portion of subsection 71(4) of the Telecommunications Act before paragraph (b) is replaced by the following:
Marginal note:Powers of inspectors
(4) An inspector may, subject to subsection (5), for the purposes for which the inspector was designated an inspector,
(a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act, and examine the document, information or thing or remove it for examination or reproduction;
(4) If subsection 200(5) of this Act comes into force before subsection 137(3) of the other Act, then that subsection 137(3) is repealed.
(5) If subsection 137(3) of the other Act and subsection 200(5) of this Act come into force on the same day, then that subsection 137(3) is deemed to have come into force before that subsection 200(5).
(6) On the first day on which both subsection 137(4) of the other Act and subsection 200(5) of this Act are in force, paragraph 71(6)(b) of the Telecommunications Act is replaced by the following:
(b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act; and
(7) If section 139 of the other Act comes into force before section 204 of this Act, subsection 71(9) of the Telecommunications Act, as enacted by subsection 200(6) of this Act, is replaced by the following:
Marginal note:Information requirement
(9) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.
(8) If section 204 of this Act comes into force before section 139 of the other Act, then
(a) that section 139 is repealed; and
(b) the other Act is amended by adding the following after subsection 137(4):
(5) Subsection 71(9) of the Act is replaced by the following:
Marginal note:Information requirement
(9) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.
(9) If section 139 of the other Act and section 204 of this Act come into force on the same day, then that section 139 is deemed to have come into force before that section 204 and subsection (7) applies as a consequence.
(10) If section 204 of this Act comes into force before section 140 of the other Act, then that section 140 is repealed.
(11) If section 140 of the other Act and section 204 of this Act come into force on the same day, then that section 140 is deemed to have come into force before that section 204.
(12) If section 141 of the other Act comes into force before section 206 of this Act, then subsection 72.15(2) of the Telecommunications Act, as enacted by section 207 of this Act, is replaced by the following:
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 under this Act or Division 1.1 of Part 16.1 of the Canada Elections Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
(13) If section 206 of this Act comes into force before section 141 of the other Act, then
(a) that section 141 is repealed; and
(b) the other Act is amended by adding the following after section 142:
142.1 Subsection 72.15(2) of the Act is replaced by the following:
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 under this Act or Division 1.1 of Part 16.1 of the Canada Elections Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
(14) If section 141 of the other Act and section 206 of this Act come into force on the same day, then that section 141 is deemed to have come into force before that section 206 and subsection (12) applies as a consequence.
(15) If section 142 of the other Act comes into force before section 207 of this Act, then section 72.17 of the Telecommunications Act, as enacted by that section 207, is replaced by the following:
Marginal note:How act or omission may be proceeded with
72.17 If an act or omission can be proceeded with either as a violation or as an offence under this Act or Division 1.1 of Part 16.1 of the Canada Elections Act, proceeding in one manner precludes proceeding in the other.
(16) If section 207 of this Act comes into force before section 142 of the other Act, then
(a) that section 142 is repealed; and
(b) the other Act is amended by adding the following after section 143:
143.1 Section 72.17 of the Act is replaced by the following:
Marginal note:How act or omission may be proceeded with
72.17 If an act or omission can be proceeded with either as a violation or as an offence under this Act or Division 1.1 of Part 16.1 of the Canada Elections Act, proceeding in one manner precludes proceeding in the other.
(17) If section 142 of the other Act and section 207 of this Act come into force on the same day, then that section 142 is deemed to have come into force before that section 207 and subsection (15) applies as a consequence.
(18) On the first day on which both section 72.16 of the Telecommunications Act, as enacted by section 143 of the other Act, and section 72.16 of the Telecommunications Act, as enacted by section 207 of this Act, are in force, section 72.16 of the Telecommunications Act, as enacted by section 143 of the other Act, is replaced by the following and is repositioned accordingly:
Marginal note:Group considered corporation
72.2 For the purposes of sections 71 and 72.01 to 72.19, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.
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