Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
Full Document:
Assented to 2014-12-16
Marginal note:2003, c. 22, par. 224(z.81)(E)
195. Subsections 39(3) to (5) of the Act are replaced by the following:
Marginal note:Persons who shall not disclose information
(3) Subsection (2) applies to any person referred to in any of the following paragraphs who comes into possession of designated information while holding the office or employment described in that paragraph, whether or not the person has ceased to hold that office or be so employed:
(a) a member of, or person employed by, the Commission;
(b) in respect of information disclosed under paragraph 4(b) or 5(b), the Commissioner of Competition appointed under the Competition Act or a person whose duties involve the carrying out of that Act and who is referred to in section 25 of that Act;
(c) in respect of information provided under subsection 37(3), the Minister, the Chief Statistician of Canada, an agent of or a person employed in the federal public administration.
Marginal note:Disclosure of information submitted in proceedings
(4) If designated information is submitted in the course of proceedings before the Commission, the Commission may
(a) disclose or require its disclosure if it determines, after considering any representations from interested persons, that the disclosure is in the public interest; and
(b) disclose or require its disclosure to the Commissioner of Competition on the Commissioner’s request if it determines that the information is relevant to competition issues being considered in the proceedings.
Marginal note:Disclosure of other information
(5) If designated information is submitted to the Commission otherwise than in the course of proceedings before it, the Commission may
(a) disclose or require its disclosure if, after considering any representations from interested persons, it considers that the information is relevant to the determination of a matter before it and determines that the disclosure is in the public interest; and
(b) disclose or require its disclosure to the Commissioner of Competition on the Commissioner’s request if it considers that the information is relevant to competition issues being raised in the matter before it.
Marginal note:Use of information disclosed to Commissioner of Competition
(5.01) Neither the Commissioner of Competition nor any person whose duties involve the administration and enforcement of the Competition Act and who is referred to in section 25 of that Act shall use information that is disclosed
(a) under paragraph (4)(b) other than to facilitate the Commissioner’s participation in proceedings referred to in subsection (4); or
(b) under paragraph (5)(b) other than to facilitate the Commissioner’s participation in a matter referred to in subsection (5).
Marginal note:1998, c. 8, s. 8
196. Section 69.2 of the Act is replaced by the following:
Marginal note:Registration
69.2 (1) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which registration is required under this Act, unless it is registered.
Marginal note:Specifications and markings
(2) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which technical specifications or markings are required under section 69.3 or 69.4, unless the apparatus complies with those requirements.
Marginal note:1998, c. 8, s. 8
197. (1) Paragraphs 69.3(1)(a) to (d) of the Act are replaced by the following:
(a) register telecommunications apparatus and fix any conditions and the duration of the registration;
(a.1) establish requirements for the registration of telecommunications apparatus;
(a.2) establish the procedure governing applications for registration;
(b) amend the conditions and change the duration of the registration;
(c) make available to the public any information regarding the registered telecommunications apparatus;
(d) establish technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus and any requirements relating to those technical specifications and markings;
Marginal note:1998, c. 8, s. 8
(2) Paragraphs 69.3(1)(f) and (g) of the Act are replaced by the following:
(f) require an applicant for registration to disclose to the Minister any information that the Minister considers appropriate respecting the present and proposed use of the telecommunications apparatus in question;
(f.1) establish fees for registration, applications for registration and examinations or testing in relation to registration, and respecting interest payable on unpaid fees;
(g) require the registrant to inform the Minister of any material changes in information disclosed under paragraph (f);
(g.1) establish requirements to recognize and designate foreign and domestic persons that are competent to assess whether telecommunications apparatus complies with the applicable foreign or domestic technical specifications;
Marginal note:1998, c. 8, s. 8
(3) Paragraph 69.3(1)(h) of the Act is repealed.
Marginal note:1998, c. 8, s. 8
(4) Subsections 69.3(2) and (3) of the Act are replaced by the following:
Marginal note:Delegation of powers
(2) The Minister may authorize any person to exercise any of the powers that are granted to the Minister under this Part, or by the regulations made under this Part, subject to any conditions that the Minister may fix.
Marginal note:Suspension or revocation of registration
(3) The Minister may suspend or revoke a registration
(a) with the consent of the registrant;
(b) after giving written notice to the registrant and giving the registrant a reasonable opportunity to make representations to the Minister with respect to the notice, if the Minister is satisfied that
(i) the registrant has contravened this Part, the regulations made under this Part or the conditions of the registration,
(ii) the registration was obtained through misrepresentation, or
(iii) the apparatus does not comply with the applicable technical specifications or markings; or
(c) on giving written notice of suspension or revocation to the registrant, without having to give the registrant an opportunity to make representations to the Minister with respect to the notice, if the registrant has failed to comply with a request to pay fees or interest due.
Marginal note:1998, c. 8, s. 8
198. (1) Paragraphs 69.4(1)(b) to (f) of the Act are replaced by the following:
(c) respecting the inspection, testing and approval of telecommunications apparatus in respect of a registration;
(d) prescribing the form of registration or markings, or any class of registration or markings;
Marginal note:1998, c. 8, s. 8
(2) Paragraph 69.4(1)(i) of the Act is repealed.
Marginal note:1998, c. 8, s. 8
199. Section 69.5 of the Act is repealed.
200. (1) Subsections 71(1) and (2) of the Act are 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 and with the decisions of the Commission under this Act.
Marginal note:Designation of inspectors
(2) The Minister may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act for which the Minister is responsible.
Marginal note:1999, c. 31, s. 207(F)
(2) The portion of subsection 71(4) of the 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 or any special Act, and examine the document, information or thing or remove it for examination or reproduction;
(3) Paragraph 71(4)(b) of the English version of the Act is replaced by the following:
(b) make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system;
(4) Paragraphs 71(4)(c) and (d) of the Act are replaced by the following:
(c) reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and
(d) use any copying equipment or means of communication in the place.
(5) Subsections 71(5) and (6) of the Act are replaced by the following:
Marginal note:Warrant required to enter dwelling-house
(5) An inspector may not enter a dwelling-house without the consent of the occupant or under the authority of a warrant.
Marginal note:Authority to issue warrant
(6) On an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that
(a) the dwelling-house is a place described in paragraph (4)(a);
(b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act or any special Act; and
(c) entry has been refused or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
(6) Section 71 of the Act is amended by adding the following after subsection (7):
Marginal note:Assistance to inspectors
(8) The owner or person in charge of a place entered by an inspector shall provide all assistance that is reasonably required to enable the inspector to perform their functions under this Part, and shall provide any information that is reasonably expected for that purpose.
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 or any special 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.
Marginal note:Obstruction, false information
(10) No person shall
(a) resist or wilfully obstruct the inspector in carrying out his or her duties; or
(b) knowingly make a false or misleading statement, either orally or in writing, to the inspector.
- Date modified: