An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (S.C. 2010, c. 23)

Marginal note:Violations

• 20 (1) Every person who contravenes any of sections 6 to 9 commits a violation for which they are liable to an administrative monetary penalty.

• 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) or 74.131(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.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) designating provisions whose contravention constitutes a separate violation in respect of each day during which it continues; and

  • (b) establishing factors for the purposes of paragraph (3)(h).