An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts (S.C. 2026, c. 9)

Marginal note:Commission subject to orders and standards

47 The Commission must exercise its powers and perform its duties under this Act and any special Act — in accordance with any orders made by the Governor in Council under section 8 or any standards prescribed by the Minister under section 15, and taking into account any orders made under section 15.1 or 15.2 and any regulation made under paragraph 15.8(1)(a) — with a view to implementing the Canadian telecommunications policy objectives and ensuring that Canadian carriers provide telecommunications services and charge rates in accordance with section 27.

• Marginal note:Exception

  (3) Nothing in subsection (1) or (2) applies to an act or omission that is contrary to an order made under section 15.1 or 15.2 or a regulation made under paragraph 15.8(1)(a), to any action for breach of a contract to provide telecommunications services or to any action for damages in relation to a rate charged by a Canadian carrier.

Marginal note:Commission of violation

72.001 Every contravention of a provision of this Act, other than section 17 or 69.2, or the regulations, other than a provision of an order made under section 15.1 or 15.2 or a regulation made under paragraph 15.8(1)(a), every contravention of a decision made by the Commission under this Act, other than a prohibition or a requirement of the Commission made under section 41, and every contravention of any of subsections 51(1) to (4) and (7), 52(1) to (3) and 53(1) to (3) and (6) of the Accessible Canada Act constitutes a violation and the person who commits the violation is liable

Administrative Monetary Penalties — Security of the Canadian Telecommunications System

Marginal note:Commission of violation

72.131 Every contravention of a provision of an order made under section 15.1 or 15.2 or a regulation made under paragraph 15.8(1)(a) constitutes a violation and the person who commits the violation is liable to an administrative monetary penalty of an amount

• (a) in the case of an individual, not exceeding $25,000 and, for a subsequent contravention, not exceeding $50,000; or

• (b) in any other case, not exceeding $10,000,000 and, for a subsequent contravention, not exceeding $15,000,000.

Marginal note:Continuing violation

72.132 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.

Marginal note:Determination of penalty amount

• 72.133 (1) The amount of the administrative monetary penalty is to be determined by taking into account the following factors:

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

  • (b) the history of compliance with orders made under section 15.1 or 15.2 or regulations made under paragraph 15.8(1)(a) by the person who committed the violation;

  • (c) any benefit that the person obtained from the commission of the violation;

  • (d) the person’s ability to pay the penalty;

  • (e) any factors established by any regulations; and

  • (f) any other relevant factor.

• Marginal note:Purpose of penalty

  (2) The purpose of the penalty is to promote compliance with orders made under section 15.1 and 15.2 and regulations made under paragraph 15.8(1)(a), and not to punish.

Marginal note:Power of Minister — violation

72.134 The Minister may

• (a) designate a person, or class of persons, that is authorized to issue notices of violation or enter into a compliance agreement; and

• (b) establish, in respect of each violation, a short-form description to be used in notices of violation.

Marginal note:Issuance and service

• 72.135 (1) A person who is designated to issue notices of violation and who believes, on reasonable grounds, that a person has committed a violation may issue and cause to be served on the person, a notice of violation.

• Marginal note:Contents of notice

  (2) The notice of violation must name the person believed to have committed the violation, identify the violation and include

  • (a) the amount of the penalty for which the person is liable;

  • (b) a statement as to the right of the person, within 30 days after the day on which the notice is served, or within any longer period that the Minister specifies, to pay the penalty or to make representations to the Minister with respect to the violation and the penalty, and the manner for doing so; and

  • (c) a statement indicating that if the person does not pay the penalty or make representations in accordance with the notice, the person will be deemed to have committed the violation and the penalty may be imposed.

• Marginal note:Correction or cancellation of notice of violation

  (3) At any time before a request to make representations in respect of the notice of violation is received by the Minister, the designated person may cancel the notice or correct an error in it.

Marginal note:Payment

• 72.136 (1) If a person who is served with a notice of violation pays the penalty set out in the notice, the person is deemed to have committed the violation and the proceedings in respect of it are ended.

• Marginal note:Representations

  (2) If a person who is served with a notice of violation makes representations in accordance with the notice, the Minister must decide, on a balance of probabilities, after considering those representations, whether the person committed the violation and, if the Minister so decides, the Minister may impose the penalty set out in the notice, a lesser penalty or no penalty.

• Marginal note:Failure to pay or make representations

  (3) If a person who is served with a notice of violation neither pays the penalty nor makes representations in accordance with the notice, the person is deemed to have committed the violation and the Minister may impose the penalty set out in the notice.

• Marginal note:Copy of decision

  (4) The Minister must cause a copy of any decision made under subsection (2) or (3) to be issued and served on the person.

Marginal note:Compliance agreements

• 72.137 (1) If a person designated under paragraph 72.134(a) offers to enter into a compliance agreement with the person believed to have committed the violation, the agreement is subject to any terms that the designated person considers appropriate, including the reduction, in whole or in part, of the penalty set out in the notice of violation.

• Marginal note:Representations

  (2) If a compliance agreement is entered into, the person who entered into it cannot make any representations under paragraph 72.135(2)(b).

• Marginal note:Deeming

  (3) A person who enters into a compliance agreement with a designated person is deemed to have committed the violation in respect of which the compliance agreement was entered into.

• Marginal note:Notice of compliance

  (4) If the designated person is of the opinion that a person who has entered into a compliance agreement has complied with it, the designated person must serve a notice to that effect on the person and, on the service of that notice, the proceedings in respect of the violation are ended.

• Marginal note:Notice of default

  (5) If the designated person is of the opinion that a person who has entered into a compliance agreement has not complied with it, the designated person must cause the person to be served with a notice of default informing them that they are liable to pay, within the time and in the manner set out in the notice of default, the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, less any amount they paid under the compliance agreement.

• Marginal note:Payment

  (6) If a person pays the penalty in accordance with the notice of default, the proceedings in respect of the violation are ended.

Marginal note:Officer, director or agent or mandatary of corporations

72.138 An officer, director or agent or mandatary of a corporation that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against.

Marginal note:Debt due to His Majesty

• 72.139 (1) A penalty and any interest due in respect of the penalty constitute a debt due to His Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction.

• Marginal note:Limitation period or prescription

  (2) A proceeding to recover such a debt may not be commenced later than five years after the day on which the debt becomes payable.

• Marginal note:Receiver General

  (3) A penalty paid or recovered in relation to a violation is payable to the Receiver General.

• Marginal note:Certificate of default

  (4) The Minister may issue a certificate for the unpaid amount of any debt referred to in subsection (1).

• Marginal note:Registration in Federal Court

  (5) Registration in the Federal Court of a certificate issued under subsection (4) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.

Marginal note:Limitation period or prescription

• 72.1391 (1) A proceeding in respect of a violation may not be commenced later than three years after the day on which the subject-matter of the proceeding becomes known to the Minister.

• Marginal note:Minister — certificate

  (2) A document appearing to have been issued by the Minister, certifying the day on which the subject-matter became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.

Marginal note:Publication

72.1392 The Minister may make public

• (a) the name of a person who enters into a compliance agreement, the nature of the agreement, the conditions included in that agreement and, if applicable, the scope of any non-compliance with the compliance agreement and the amount of the penalty; and

• (b) the name of a person who committed a violation, the nature of the violation, including the acts or omissions and provisions or decisions at issue, and the amount of the penalty.

Marginal note:Regulations

72.1393 The Governor in Council may make regulations

• (a) exempting from the application of section 72.131 any provision of an order made under section 15.1 or 15.2 or a regulation made under paragraph 15.8(1)(a);

• (b) for the purpose of paragraph 72.133(1)(e), establishing other factors to be considered in determining the amount of the penalty; and

• (c) respecting compliance agreements entered into under subsection 72.137(1).

Provisions Common to Administrative Monetary Penalties Schemes

Marginal note:Evidence

72.14 In a proceeding in respect of a violation, a notice appearing to be served under subsection 72.005(1), 72.07(1) or 72.135(1) or a copy of a decision appearing to be served under subsection 72.007(4), 72.08(4) or 72.136(4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.