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

Marginal note:Action to enjoin not prejudiced by prosecution

9 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

• 10 (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.

11 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

12 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

13 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

14 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

• 15 (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.

Marginal note:Limitation period

16 A prosecution for a summary conviction offence under this Act may not be instituted more than one year after the offence was committed.

Recovery of Fines by Civil Judgment

Marginal note:Recovery of fines by civil judgment

17 The conviction for an offence under this Act of a person who does not, when required, pay a fine imposed in relation to that offence may be filed by the prosecutor in the superior court of the province in which the trial was held. When so filed, the conviction is entered as a judgment for a debt in the amount of the fine and costs, if any, and is enforceable against the person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.

Evidence

Marginal note:Certificates and reports

• 18 (1) In a proceeding under this Act, a report of an investigator appearing to have been signed by the investigator or a certificate, as the case may be, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and is evidence of the matters asserted in it.

• Marginal note:Copies or extracts

  (2) In a proceeding under this Act, a copy of or an extract from any book, record, electronic data or document, made by an investigator under this Act and appearing to have been certified under the investigator’s signature as a true copy or extract, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the copy or extract and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

Marginal note:Presumption of advertising services for Canadian advertiser

19 In a prosecution against a foreign publisher for an offence under section 3, proof that advertising content bears the name, trade-name or trademark of a Canadian advertiser or an address or a telephone number that appears to be that of a Canadian advertiser is proof, in the absence of evidence to the contrary, that advertising services were supplied by the foreign publisher to the Canadian advertiser or to a person acting on their behalf.

Regulations

Marginal note:Regulations

20 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations respecting

• (a) qualifications for investigators;

• (b) how investigations are to be conducted; and

• (c) criteria to determine whether advertising services are directed at the Canadian market.

Marginal note:Regulations defining certain expressions

20.1 The Governor in Council may make regulations defining, for the purpose of section 21.1, the expressions “revenues generated by supply of advertising services directed at the Canadian market” and “revenues generated by the total supply of advertising services”.

Non-application of Act

Marginal note:Exception — extent of grandfathering

21 This Act does not apply so as to prevent a foreign publisher who lawfully supplied advertising services directed at the Canadian market by means of a periodical during the year before the day on which this Act was introduced in the House of Commons from continuing to supply advertising services directed at the Canadian market by means of that periodical.

Marginal note:Exception — percentage of permitted advertising revenue

21.1 This Act does not apply to a foreign publisher who supplies advertising services directed at the Canadian market by means of an issue of a periodical, if the revenues generated by the supply of advertising services directed at the Canadian market represent, in comparison to the revenues generated by the total supply of advertising services, by means of any of those issues

• (a) during the period of 18 months beginning on the day on which this Act comes into force, not more than 12 per cent;

• (b) during the period of 18 months immediately following the period referred to in paragraph (a), not more than 15 per cent; and

• (c) after the period referred to in paragraph (b), not more than 18 per cent.

Marginal note:Exception — paragraph 15(a) Investment Canada Act

• 21.2 (1) This Act does not apply to a foreign publisher who, after the coming into force of this Act, makes an investment in periodical publishing that has been prescribed under paragraph 15(a) of the Investment Canada Act as a specific type of business activity related to Canada’s cultural heritage or national identity and that has been reviewed under Part IV of that Act by the Minister responsible for it and for which that Minister is satisfied or is deemed to have been satisfied that the investment is likely to be of net benefit to Canada.

• Marginal note:When no exception

  (2) Subsection (1) does not apply in relation to a foreign publisher referred to in that subsection who is subject to an order made under paragraph 40(2)(e) or (f) of the Investment Canada Act.

• Marginal note:Exception tied to investment

  (3) This Act applies to a foreign publisher referred to in subsection (1), other than in relation to the foreign publisher’s investment referred to in that subsection.

Coming into Force

Marginal note:Order in Council

Footnote ^*22 This Act comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force July 1, 1999, see SI/99-72.]