42 (1) Due diligence is a defence in a prosecution for an offence under this Act.
(2) No person shall be prosecuted under section 126 of the Criminal Code for a contravention of subsection 9(2).
18 (1) Inspectors may, in carrying out their duties and functions,
(a) subject to subsection (2), enter and inspect, at any reasonable time, any place owned by or under the control of a licensee, a system participant or any other person who the inspector reasonably believes may be carrying on a controlled activity in the operation of a remote sensing space system, and in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the administration or enforcement of this Act;
[...]
(3) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing an inspector named in the warrant to enter a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that
(b) entry to the dwelling-place is necessary for any purpose relating to the administration or enforcement of this Act; and
(5) The owner or other person in charge of a place entered by an inspector under this section shall give the inspector all reasonable assistance in the power of that person and furnish the inspector with any information that the inspector reasonably requires.
34 (1) If it is possible to proceed with any act or omission as a violation and it is also possible to proceed with it as an offence, proceeding in one manner precludes proceeding in the other.
(2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of one.
39 (1) If a person is alleged to have committed an act or omission that is a contravention of section5 because of the application of section6, proceedings in relation to that contravention may, whether or not the person is in Canada, be commenced in any territorial division in Canada, and the person may be tried and punished in respect of that offence in the same manner as if it had been committed in that territorial division.
(2) The provisions of the Criminal Code, including their exceptions, relating to requirements that an accused appear at and be present during proceedings apply in respect of proceedings commenced in a territorial division under subsection (1).
(3) If a person is alleged to have committed an act or omission referred to in subsection (1) and the person has been dealt with outside Canada for the contravention in a manner that, if the person had been dealt with in Canada for the contravention in that manner, would allow the person to plead autrefois acquit, autrefois convict or pardon, the person is deemed to have been so dealt with in Canada.
Footnote *47 This Act, other than section 46, comes into force on a day to be fixed by order of the Governor in Council.
Return to footnote *[Note: Section 46 in force on assent November 25, 2005; Act, other than section 46, in force April 5, 2007, see SI/2007-47.]
