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Foreign Publishers Advertising Services Act

Version of section 8 from 2002-12-31 to 2003-07-01:


Marginal note:Application for court order

  •  (1) The Minister may apply to a superior court of a province or the Federal Court — Trial Division 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.

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