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

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

Offences and Punishment (continued)

Marginal note:Limitation period

 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

 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

  •  (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

 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.

  • 1999, c. 23, s. 19
  • 2014, c. 20, s. 366(E)

Regulations

Marginal note:Regulations

 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

 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

 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

 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

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

 
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