An Act for the Substantive Equality of Canada’s Official Languages (S.C. 2023, c. 15)

Administrative Monetary Penalties

Marginal note:Definitions

65.1 The following definitions apply in sections 65.3 to 65.95 and subsection 66(3).

designated body

designated body means a corporation referred to in section 65.2. (organisme désigné)

penalty

penalty means an administrative monetary penalty imposed for a violation. (sanction)

Marginal note:Application

65.2 Sections 65.3 to 65.95 apply to a Crown corporation — or corporation that is subject to this Act under another Act of Parliament — that

• (a) is designated by regulation;

• (b) has duties under Part IV;

• (c) operates in the transportation sector; and

• (d) engages in communications with and provides or makes available services to the travelling public.

Marginal note:Purpose of penalty

65.3 The purpose of a penalty is to promote compliance with Part IV and not to punish.

Marginal note:Regulations

• 65.4 (1) The Governor in Council may, on the recommendation of the Minister of Canadian Heritage, make regulations

  • (a) designating any corporation for the purposes of section 65.2;

  • (b) designating, as a violation that may be proceeded with in accordance with sections 65.3 to 65.95, the contravention of any specified provision of Part IV or the regulations made under that Part in respect of specified communications and services or specified categories of communications and services;

  • (c) fixing a penalty, or a range of penalties, in respect of each violation;

  • (d) for the purposes of paragraph (3)(d), establishing other criteria to be considered in determining the amount of the penalty if a range of penalties is established;

  • (e) increasing the amount of the maximum penalty set out in subsection (2);

  • (f) respecting the service of documents required or authorized to be served under sections 65.3 to 65.95, including the manner and proof of service and the circumstances under which documents are to be considered to be served;

  • (g) establishing the form and content of notices of violation; and

  • (h) generally, for carrying out the purposes and provisions of sections 65.3 to 65.95.

• Marginal note:Maximum penalty

  (2) Subject to regulations made under paragraph (1)(e), the maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)(c) is $25,000.

• Marginal note:Criteria — range of penalties

  (3) If a range of penalties is fixed by regulations made under paragraph (1)(c) in respect of a violation, then the Commissioner shall take into account the following criteria in determining the amount of the penalty:

  • (a) the nature and scope of the violation;

  • (b) the history of compliance, by the designated body that is believed to have committed the violation, with the provisions of Part IV and the regulations made under that Part that are designated by regulations made under paragraph (1)(b);

  • (c) the designated body’s ability to pay the penalty;

  • (d) any criteria established by regulation; and

  • (e) any other relevant criterion.

Marginal note:Violations

65.5 Every designated body that contravenes a provision designated by regulations made under paragraph 65.4(1)(b) commits a violation and is liable to a penalty of an amount to be determined in accordance with regulations made under paragraph 65.4(1)(c) and with subsection 65.4(3).

Marginal note:Notice of violation

• 65.6 (1) If, after carrying out an investigation of a complaint in respect of a right or duty under a provision designated by regulations made under paragraph 65.4(1)(b), the Commissioner has reasonable grounds to believe that a designated body has committed a violation and has made a report under subsection 63(1) in respect of that violation, the Commissioner may issue a notice of violation and shall cause it to be served — along with the report and any other relevant document — on the body.

• Marginal note:Limitation — compliance agreement

  (2) However, the Commissioner is not permitted to issue a notice of violation in respect of the subject-matter of a complaint unless, before issuing the notice of violation, the Commissioner invited the designated body to enter into a compliance agreement under subsection 64.1(1) in respect of that subject-matter.

• Marginal note:Limitation — previous notice of violation

  (3) The Commissioner is not permitted to issue a notice of violation under subsection (1) in respect of the subject-matter of a complaint if that subject-matter has already been the subject of a notice of violation.

• Marginal note:Contents

  (4) The notice of violation shall

  • (a) set out the name of the designated body that is believed to have committed the violation;

  • (b) set out the relevant facts of the violation and the provision at issue;

  • (c) set out the penalty for the violation;

  • (d) set out the manner in which the Commissioner took into account the criteria referred to in subsection 65.4(3) in determining the amount of the penalty, if a range of penalties is fixed for the violation by regulations made under paragraph 65.4(1)(c);

  • (e) inform the designated body of its right to contest the facts of the alleged violation, the penalty or both, by way of review, and specify the time within which and the manner in which to do so in accordance with section 65.9;

  • (f) inform the designated body that the penalty is to be paid within 30 business days after the day on which the notice of violation is served and specify the manner in which to do so;

  • (g) inform the designated body that, if it does not pay the penalty or exercise its right referred to in paragraph (e) within the time and in the manner set out in the notice, it will be considered to have committed the violation and that it is liable for the penalty set out in the notice; and

  • (h) set out any other information provided by regulation.

• Marginal note:Limitation or prescription period

  (5) No notice of violation shall be issued in respect of a violation after the second anniversary of the day on which the Commissioner was informed of the facts of the alleged violation or the third anniversary of the day on which the facts of the alleged violation occurred, whichever is earlier.

• Marginal note:Certification by Commissioner

  (6) A document appearing to have been issued by the Commissioner, certifying the day on which the Commissioner was informed of the facts of the alleged violation, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Commissioner was informed of the facts of the alleged violation on that day.

Marginal note:Payment of penalty

65.7 If a designated body that is served with a notice of violation pays the penalty set out in the notice, it is deemed to have committed the violation and the proceedings in respect of it are ended.

Marginal note:Failure to act

65.8 A designated body that neither pays a penalty set out in a notice of violation nor requests a review within the specified time is deemed to have committed the violation and is liable for the penalty.

Marginal note:Review by Federal Court

• 65.9 (1) Instead of paying the penalty set out in a notice of violation, the designated body named in the notice may, within 30 business days after the day on which the notice is served and in the manner specified in the notice, apply to the Federal Court for a review of the facts of the alleged violation or of the amount of the penalty, or both.

• Marginal note:De novo review

  (2) For greater certainty, an application under subsection (1) is to be heard and determined as a new proceeding.

Marginal note:Review with respect to facts

• 65.91 (1) If a designated body applies for a review with respect to the facts of an alleged violation, then on completion of the review the Federal Court shall, subject to subsection (3),

  • (a) if it determines that the designated body committed the violation, make an order declaring that the designated body committed the violation and is liable for the penalty set out in the notice of violation; or

  • (b) if it determines that the designated body did not commit the violation, make an order declaring that the designated body did not commit the violation and is not liable for the penalty set out in the notice of violation.

• Marginal note:Review with respect to penalty

  (2) If a designated body applies for a review with respect to the amount of the penalty for a violation, then on completion of the review the Federal Court shall, subject to subsection (3),

  • (a) determine the amount of the penalty in accordance with regulations made under paragraph 65.4(1)(c) and, if those regulations fix a range of penalties in respect of the violation, by taking into account the criteria referred to in subsection 65.4(3); and

  • (b) make an order declaring that the designated body is liable for a penalty of the amount that the Court determines.

• Marginal note:Review with respect to facts and penalty

  (3) If a designated body applies for a review with respect to both the facts of an alleged violation and the amount of the penalty for the violation, then on completion of the review the Federal Court shall,

  • (a) if it determines that the designated body committed the violation,

    • (i) determine the amount of the penalty in accordance with regulations made under paragraph 65.4(1)(c) and, if those regulations fix a range of penalties in respect of the violation, by taking into account the criteria referred to in subsection 65.4(3), and

    • (ii) make an order declaring that the designated body committed the violation and is liable for a penalty of the amount that the Court determines; or

  • (b) if it determines that the designated body did not commit the violation, make an order declaring that the designated body did not commit the violation and is not liable for the penalty set out in the notice of violation.

Marginal note:Debt to Her Majesty

• 65.92 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

  • (a) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless an application for review is made under section 65.9; and

  • (b) if an application for review is made under section 65.9, the amount payable under an order of the Federal Court made under paragraph 65.91(1)(a) or (2)(b) or subparagraph 65.91(3)(a)(ii), beginning on the date of the order.

• Marginal note:Limitation or prescription period

  (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than the fifth anniversary of the day on which the debt becomes payable.

• Marginal note:Proceeds payable to Receiver General

  (3) A debt referred to in subsection (1) that is paid or recovered is payable to and shall be remitted to the Receiver General.

Marginal note:Certificate of default

• 65.93 (1) The Commissioner may issue a certificate for the unpaid amount of any debt referred to in subsection 65.92(1).

• Marginal note:Effect of registration

  (2) Registration of a certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs.

Marginal note:Evidence

65.94 In a proceeding in respect of a violation, a notice purporting to be served under subsection 65.6(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

Marginal note:Certain defences not available

• 65.95 (1) A designated body named in a notice of violation does not have a defence by reason that it

  • (a) exercised due diligence to prevent the violation; or

  • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate it.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is consistent with this Act.