Administrative Monetary Penalties (continued)
Notice to Produce (continued)
Marginal note:Application for review
18 (1) At any time before they are required to produce a document, a person may apply in writing to the Commission either for a review of the notice on the grounds that the requirement to prepare or produce a document is unreasonable in the circumstances or that the production would disclose privileged information or for a review of the conditions imposed to prevent disclosure.
Marginal note:No obligation to produce
(2) If a person applies for review on the grounds that the requirement to prepare or produce a document is unreasonable in the circumstances, they are not required to prepare or produce the document.
Marginal note:Powers of Commission
(3) After considering any representations made by the applicant and by the person designated for the purposes of section 17, the Commission may
(4) If the Commission decides to confirm the requirement to produce a document, it must specify in its decision that the document be produced to a person named in the decision within the time, at the place and in the form set out in the decision.
Marginal note:Notice of decision
(5) The Commission must cause a copy of its decision to be served on the person together with a notice of their right to appeal.
19 (1) On an ex parte application, a justice of the peace may issue a warrant authorizing a person who is designated for the purpose of this section and who is named in the warrant to enter a place if the justice is satisfied by information on oath that
(a) entry to the place is necessary to
(i) verify compliance with this Act,
(ii) determine whether any of sections 6 to 9 has been contravened, or
(iii) assist an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct prohibited under any of sections 6 to 9; and
(b) if the place is a dwelling-house, entry has been refused or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.
Marginal note:Conditions in warrant
(2) The warrant may contain any conditions that the justice considers appropriate, including conditions to protect privileged information.
Marginal note:Powers in execution of warrant
(3) Subject to the conditions specified in the warrant, in executing the warrant, the designated person may, for any purpose set out in subparagraphs (1)(a)(i) to (iii),
(a) examine anything that is found in the place;
(b) use any means of communication found in the place or cause it to be used;
(c) use any computer system found in the place — or cause it to be used — to examine data contained in, or available to, the system;
(d) prepare a document — or cause it to be prepared — based on the data;
(e) use any copying equipment — or cause it to be used — to make copies of documents;
(f) remove anything found in the place for examination or copying; and
(g) prohibit or limit access to all or part of the place.
Marginal note:Assistance to designated persons
(4) The owner of the place, the person in charge of the place and every person found in the place must give all assistance that is reasonably required to enable the designated person to execute the warrant and must provide any documents, data and information — including information establishing their identity — that are reasonably required for that purpose.
Marginal note:Execution of warrant
(5) A warrant must be executed between six o’clock in the morning and nine o’clock in the evening unless the justice authorizes its execution at another time.
Marginal note:Entry onto private property
(6) For the purpose of gaining entry to the place referred to in the warrant issued under subsection (1), the designated person may enter private property and pass through it, and is not liable for doing so. For greater certainty, no person has the right to object to that use of the property and no warrant is required for entry onto the property, other than for entry to a dwelling-house.
Marginal note:Persons accompanying designated person
(7) A person may, at the designated person’s request, accompany the designated person to assist the designated person to gain entry to the place referred to in the warrant and is not liable for doing so.
Marginal note:Use of force
(8) In executing a warrant, a designated person must not use force unless they are accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
Marginal note:Purpose of penalty
(2) The purpose of a penalty is to promote compliance with this Act and not to punish.
Marginal note:Factors for penalty
(3) The following factors must be taken into account when determining the amount of a penalty:
(a) the purpose of the penalty;
(b) the nature and scope of the violation;
(c) the person’s history with respect to any previous violation under this Act, any previous conduct that is reviewable under section 74.011 of the Competition Act and any previous contravention of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act;
(d) the person’s history with respect to any previous undertaking entered into under subsection 21(1) and any previous consent agreement signed under subsection 74.12(1) of the Competition Act that relates to acts or omissions that constitute conduct that is reviewable under section 74.011 of that Act;
(e) any financial benefit that the person obtained from the commission of the violation;
(f) the person’s ability to pay the penalty;
(g) whether the person has voluntarily paid compensation to a person affected by the violation;
(h) the factors established by the regulations; and
(i) any other relevant factor.
Marginal note:Maximum penalties
(4) The maximum penalty for a violation is $1,000,000 in the case of an individual, and $10,000,000 in the case of any other person.
(5) The Governor in Council may make regulations
Marginal note:Entry into undertaking
(2) An undertaking
(a) must be accepted by a person who is designated for the purpose of this section;
(b) must identify every act or omission committed that constitutes a contravention of any of sections 6 to 9 and that is covered by the undertaking;
(c) must identify every provision at issue;
(d) may contain any conditions that the designated person considers appropriate; and
(e) may include a requirement to pay a specified amount.
Marginal note:Undertaking before notice of violation
(3) If a person enters into an undertaking, no notice of violation may be served on them in connection with an act or omission referred to in the undertaking.
Marginal note:Undertaking after notice of violation
(4) If a person enters into an undertaking after a notice of violation is served on them, the proceeding commenced by the notice of violation is ended in respect of that person in connection with any act or omission referred to in the undertaking.
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