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Foreign Publishers Advertising Services Act (S.C. 1999, c. 23)

Act current to 2020-05-04 and last amended on 2019-06-17. Previous Versions

Investigations (continued)

Marginal note:Search warrant and powers of investigators

  •  (1) An investigator may, under a warrant issued under section 487 of the Criminal Code with any modifications that the circumstances require, enter any place and make any investigation that the investigator considers necessary. For that purpose, the investigator may

    • (a) require any person to provide the investigator with any documents, whether in physical or electronic form, that the investigator believes may contain information that is relevant to the investigation in order that the investigator may examine or copy them;

    • (b) inquire into any negotiations, transactions, arrangements or operations related to the supply of advertising services to a Canadian advertiser that appear relevant to the investigation; and

    • (c) administer oaths and take and receive affidavits, declarations and solemn affirmations.

  • Marginal note:Return of things obtained

    (2) Anything obtained by an investigator conducting an investigation under this section shall be returned as soon as practicable after it is no longer required for the investigation or any proceedings that may result from it.

Marginal note:Obstruction of investigator

 No person shall obstruct or hinder, or make any false or misleading statement in a material respect to, an investigator who is carrying out functions under this Act.

Ministerial Demands and Judicial Proceedings

Marginal note:Ministerial demand

  •  (1) The Minister may send a demand to a foreign publisher if the Minister believes that the foreign publisher

    • (a) has supplied advertising services in contravention of section 3 or otherwise contravened this Act; or

    • (b) has entered into a transaction or an arrangement that, if carried into effect, would or would be likely to lead to a contravention of this Act.

  • Marginal note:Contents of demand

    (2) The Minister may, in the demand, require the foreign publisher, without delay or within a period specified in the demand,

    • (a) to stop supplying advertising services in contravention of section 3 or to otherwise stop contravening this Act;

    • (b) not to execute the transaction or finalize the arrangement; or

    • (c) to show cause why no contravention of this Act has occurred or will occur.

  • Marginal note:Nature of proceedings

    (3) The demand shall indicate the nature of proceedings under this Act that may be taken against the foreign publisher if the foreign publisher fails to comply with the demand.

Marginal note:Application for court order

  •  (1) The Minister may apply to a superior court of a province or the Federal Court for an order against a foreign publisher who fails to comply with a demand.

  • Marginal note:Orders

    (2) If a court concludes, after hearing an application, that the Minister’s demand was justified and that the foreign publisher has failed to comply with it, the court may make any order that it considers appropriate in the circumstances, including

    • (a) an order to stop supplying advertising services in contravention of section 3 or to otherwise comply with this Act on any terms and conditions that the court considers appropriate; and

    • (b) an order not to take certain specified actions relating to advertising services that might prejudice the ability of a court, on a subsequent application for an order under paragraph (a), to issue an effective order.

  • Marginal note:Urgency

    (3) A court that is satisfied as to the urgency of the situation may, on ex parte application, make an order referred to in subsection (2), but that order may have effect for no more than 10 days.

  • Marginal note:Extension or revocation of order

    (4) A court that issues an order under subsection (3) may, on application by the Minister or by any person to whom the order is directed, by order,

    • (a) extend the duration of that order, with or without modification, for any specified period; or

    • (b) revoke that order.

  • Marginal note:Contempt of court

    (5) Every person who fails to comply with the requirements or directions of any order made by a court under this section may be cited and punished by the court that made the order, as for other contempts of that court.

  • Marginal note:Rights of appeal

    (6) For greater certainty, all rights of appeal provided by law apply in the case of any decision or order made by a superior court under this section, as in the case of other decisions or orders made by that court.

  • 1999, c. 23, s. 8
  • 2002, c. 8, s. 183

Marginal note:Action to enjoin not prejudiced by prosecution

 Despite the commencement of a prosecution for an offence under this Act, the Minister may bring an application under section 8.

Offences and Punishment

Marginal note:Offence

  •  (1) Every person who contravenes section 3 is guilty of an offence and liable

    • (a) on summary conviction, to a fine of not more than $20,000 for a first offence and to a fine of not more than $50,000 for a subsequent offence; or

    • (b) on conviction on indictment,

      • (i) in the case of a corporation, to a fine of not more than $250,000, and

      • (ii) in the case of an individual, to a fine of not more than $100,000.

  • Marginal note:Other summary offence

    (2) Every person who contravenes section 6 is guilty of an offence and liable on summary conviction to a fine of not more than $20,000.

Marginal note:Offences by corporate officers, etc.

 If a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted.

Marginal note:Offences by employees or agents

 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

Marginal note:Additional fine

 If a person is convicted of an offence under this Act and the court is satisfied that as a result of committing it the person acquired monetary benefits, the court may, despite the maximum amount of any other fine imposed under this Act, order the person to pay an additional fine in an amount equal to the court’s finding of the amount of those monetary benefits.

Marginal note:Other orders

 If a person is convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make one or more of the following orders:

  • (a) an order prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

  • (b) an order directing the person to compensate the Minister, in whole or in part, for the costs of any action taken by or on behalf of the Minister in investigating the commission of the offence; and

  • (c) an order requiring the person to comply with any other conditions that the court considers appropriate to prevent the repetition of the offence.

Marginal note:Presumption — offence outside Canada

  •  (1) In a proceeding for a contravention of section 3, a foreign publisher who commits an act outside Canada that, if committed in Canada, would be an offence under that section is deemed to commit that act in Canada.

  • Marginal note:Jurisdiction

    (2) Proceedings for an offence that is deemed to have been committed in Canada may, whether or not the foreign publisher is in Canada, be commenced in any territorial division in Canada and the foreign publisher may be tried and punished for that offence in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Appearance of accused at trial

    (3) For greater certainty, in a proceeding commenced in any territorial division under subsection (2), the provisions of the Criminal Code relating to requirements that an accused appear at and be present during proceedings and any exceptions to those requirements apply.

 
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