Critical Cyber Systems Protection Act (S.C. 2026, c. 9, s. 11)

Marginal note:Power to order termination of contravention

• The following provision is not in force.

  82 (1) If the Minister of Transport believes on reasonable grounds that there is or is likely to be a contravention of any provision of this Act or the regulations, the Minister of Transport may order a designated operator to

  • The following provision is not in force.

    (a) stop doing something that is or is likely to be in contravention of that provision or cause it to be stopped; or

  • The following provision is not in force.

    (b) take any measure that is necessary in order to comply with the requirements of that provision or to mitigate the effects of non-compliance.

• The following provision is not in force.

  Marginal note:Time and manner

  (2) The order must specify the time within which and the manner in which the designated operator may request a review of the order by the Minister of Transport.

• The following provision is not in force.

  Marginal note:Exemption from Statutory Instruments Act

  (3) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.

Marginal note:Compliance with order

• The following provision is not in force.

  83 (1) A designated operator that is subject to an order made under section 82 must comply with it.

• The following provision is not in force.

  Marginal note:Notification of compliance

  (2) Once the designated operator complies with the order, it must notify the Minister of Transport, without delay, of its compliance.

Marginal note:Request for review

• The following provision is not in force.

  84 (1) An order that is made under section 82 must be reviewed by the Minister of Transport at the written request of the designated operator that is subject to the order.

• The following provision is not in force.

  Marginal note:Contents and time for making request

  (2) The request must be made within the time and in the manner specified in the order and state the grounds for review and set out the evidence that supports those grounds.

• The following provision is not in force.

  Marginal note:Order in effect

  (3) The order continues to apply during a review unless the Minister of Transport decides otherwise.

Marginal note:Decision on completion of review

• The following provision is not in force.

  85 (1) On completion of a review, the Minister of Transport must confirm, amend, revoke or cancel the order and provide notice of the decision to the designated operator and the reasons for it.

• The following provision is not in force.

  Marginal note:Deemed decision

  (2) If the Minister of Transport does not make a decision in respect of the request within 90 days after the day on which the request is received, or within any further period that is agreed on by the Minister of Transport and the designated operator, the Minister of Transport is deemed to have confirmed the order.

Marginal note:Obstruction

86 A person must not obstruct or hinder the Superintendent, inspector, person designated under subsection 49(1) or 58(1), inspection officer or Minister of Transport, as the case may be, in exercising their powers or performing their duties and functions under this Act.

Marginal note:Providing false or misleading information

87 A person must not, with respect to any matter related to this Act, knowingly

• The following provision is not in force.

  (a) provide any person with false or misleading information; or

• The following provision is not in force.

  (b) provide any incident report that contains false or misleading information.

Definition of penalty

88 In sections 89 to 135, penalty means an administrative monetary penalty imposed under those sections for a violation.

Marginal note:Purpose of penalty

89 The purpose of a penalty is to promote compliance with this Act and not to punish.

Marginal note:Violation

90 Every designated operator or other person that contravenes or fails to comply with a provision of this Act or of the regulations made under this Act — designated by regulations made under paragraph 135(1)(f) — commits a violation and is liable to a penalty of an amount to be determined in accordance with this Act and the regulations.

Marginal note:Penalty

91 The amount that may be fixed under any regulations made under paragraph 135(1)(h) as the penalty for a violation must not be more than

• The following provision is not in force.

  (a) $500,000, in the case of an individual; and

• The following provision is not in force.

  (b) $15,000,000, in any other case.

Marginal note:Due diligence available

• The following provision is not in force.

  92 (1) Due diligence is a defence in a proceeding in relation to a violation.

• The following provision is not in force.

  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 under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Liability of directors or officers

93 If a designated operator commits a violation, any director or officer of the designated operator that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with this Act and the regulations, whether or not the designated operator has been proceeded against in accordance with this Act.

Marginal note:Continuing violation

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

Marginal note:Violation or offence

• The following provision is not in force.

  95 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.

• The following provision is not in force.

  Marginal note:Violations not offences

  (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

Marginal note:Limitation period or prescription

96 Proceedings in respect of a violation must not be commenced later than three years after the subject-matter of the proceedings became known to the appropriate regulator.

Marginal note:Debts to His Majesty

• The following provision is not in force.

  97 (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.

• The following provision is not in force.

  Marginal note:Limitation period or prescription

  (2) Proceedings to recover the debt must not be commenced after the period of five years that begins on the day on which the debt became payable.

• The following provision is not in force.

  Marginal note:Proceeds payable to Receiver General

  (3) A penalty paid or recovered under this Act is payable to and must be remitted to the Receiver General.

Marginal note:Certificate of default

• The following provision is not in force.

  98 (1) The unpaid amount of any debt referred to in subsection 97(1) may be certified by

  • The following provision is not in force.

    (a) the appropriate regulator; or

  • The following provision is not in force.

    (b) if the appropriate regulator is the Minister of Transport, by the Tribunal.

• The following provision is not in force.

  Marginal note:Registration

  (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

Marginal note:Notice of violation — Superintendent

• The following provision is not in force.

  99 (1) If the Superintendent has reasonable grounds to believe that a designated operator or other person has committed a violation, the Superintendent may issue a notice of violation to the designated operator or other person. If a notice of violation is issued, the Superintendent must cause it to be served on the designated operator or other person.

• The following provision is not in force.

  Marginal note:Contents of notice of violation

  (2) The notice of violation must name the designated operator or other person that is alleged to have committed the violation, identify the alleged violation and set out

  • The following provision is not in force.

    (a) the penalty for the violation that the designated operator or other person is liable to pay;

  • The following provision is not in force.

    (b) the right of the designated operator or other person, within 30 days after the notice is served or within any longer period that the Superintendent specifies, to pay the penalty or to make representations to the Superintendent with respect to the violation or the proposed penalty, or both, and the manner for doing so; and

  • The following provision is not in force.

    (c) the fact that, if the designated operator or other person does not pay the penalty or make representations in accordance with the notice, the designated operator or other person will be deemed to have committed the violation and be liable to the penalty set out in the notice.

• The following provision is not in force.

  Marginal note:Correction or cancellation of notice of violation

  (3) At any time before the designated operator or other person makes representations in respect of a notice of violation to the Superintendent or enters into a compliance agreement with the Superintendent, the Superintendent may cancel the notice of violation or correct an error in it.

Marginal note:Penalty

100 The penalty for a violation is to be determined by taking into account

• The following provision is not in force.

  (a) the designated operator’s or other person’s history of compliance or non-compliance with the provisions of this Act or of the regulations;

• The following provision is not in force.

  (b) the nature and scope of the violation;

• The following provision is not in force.

  (c) whether the designated operator or other person made reasonable efforts to mitigate or reverse the effects of the violation;

• The following provision is not in force.

  (d) whether the designated operator or other person derived any competitive or economic benefit from the violation;

• The following provision is not in force.

  (e) any other factors prescribed by the regulations; and

• The following provision is not in force.

  (f) any other factors that the Superintendent considers relevant.

Marginal note:Payment

• The following provision is not in force.

  101 (1) If the designated operator or other person named in the notice of violation pays the penalty set out in the notice, they are deemed to have committed the violation and the proceedings commenced in respect of the violation are ended.

• The following provision is not in force.

  Marginal note:Alternatives

  (2) Instead of paying the penalty set out in the notice, the designated operator or other person named in the notice may, in accordance with the notice,

  • The following provision is not in force.

    (a) make representations to the Superintendent in respect of the alleged violation or of the penalty; or

  • The following provision is not in force.

    (b) if the Superintendent offers a compliance agreement, enter into the compliance agreement with the Superintendent to ensure the designated operator’s or other person’s compliance with the provision to which the violation relates.

Marginal note:Representation to Superintendent

• The following provision is not in force.

  102 (1) The Superintendent must decide, on a balance of probabilities, after considering any representations made under paragraph 101(2)(a), whether the designated operator or other person committed the violation and, if the Superintendent so decides, the Superintendent may, subject to the regulations made under paragraph 135(1)(h), impose the penalty set out in the notice, a lesser penalty or no penalty.

• The following provision is not in force.

  Marginal note:Decision

  (2) The Superintendent must render a decision in writing, including reasons for it and must serve a copy of the decision on the designated operator or other person.

• The following provision is not in force.

  Marginal note:Responsibility to pay penalty

  (3) If the Superintendent decides that the designated operator or other person committed the violation, the designated operator or other person is liable to the penalty as set out in the decision.

• The following provision is not in force.

  Marginal note:Effect of payment

  (4) If the designated operator or other person pays the penalty set out in the decision, the Superintendent must accept the amount as complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended.

• The following provision is not in force.

  Marginal note:Violation not committed — effect

  (5) If the Superintendent decides that the designated operator or other person did not commit the violation, the proceedings commenced in respect of the violation are ended.