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Foreign Extraterritorial Measures Act (R.S.C., 1985, c. F-29)

Act current to 2019-11-19

Offences

Marginal note:Offence and punishment

  •  (1) Every person who contravenes an order made under section 3 or 5 that is directed to the person and that has been served on the person in accordance with section 6 is guilty of an offence and liable

    • (a) on conviction on indictment,

      • (i) in the case of a corporation, to a fine not exceeding $1,500,000, and

      • (ii) in the case of an individual, to a fine not exceeding $150,000 or to imprisonment for a term not exceeding five years, or to both; or

    • (b) on summary conviction,

      • (i) in the case of a corporation, to a fine not exceeding $150,000, and

      • (ii) in the case of an individual, to a fine not exceeding $15,000 or to imprisonment for a term not exceeding two years, or to both.

  • Marginal note:Offence outside Canada

    (2) A contravention of an order made under paragraph 3(1)(a) or (c) or 5(1)(a) or (b) that would be punishable as an offence under subsection (1) if committed in Canada is, if committed outside Canada, an offence under this Act that may be tried and punished in Canada as if it were committed in Canada, and proceedings in respect of such an offence may be instituted, tried and determined at any place in Canada.

  • Marginal note:Consent to prosecution required

    (3) No proceedings with respect to an offence under this Act may be instituted without the consent of the Attorney General of Canada.

  • Marginal note:Factors to take into account

    (4) In taking into account the circumstances of the offence when determining the sentence for an offence referred to in subsection (1), the court shall have regard, among other things, to the degree of premeditation in its commission, the size, scale and nature of the offender’s operations and whether any economic benefits have, directly or indirectly, accrued to the offender as a result of having committed the offence.

  • R.S., 1985, c. F-29, s. 7
  • 1996, c. 28, s. 6

Recognition and Enforcement of Foreign Judgments

Orders of the Attorney General

Marginal note:Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

 Any judgment given under the law of the United States entitled Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 shall not be recognized or enforceable in any manner in Canada.

  • 1996, c. 28, s. 7

Marginal note:Attorney General may declare antitrust judgments not to be recognized or enforceable

  •  (1) Where a foreign tribunal has given a judgment in proceedings instituted under an antitrust law and, in the opinion of the Attorney General of Canada, the recognition or enforcement of the judgment in Canada has adversely affected or is likely to adversely affect significant Canadian interests in relation to international trade or commerce involving a business carried on in whole or in part in Canada or otherwise has infringed or is likely to infringe Canadian sovereignty, the Attorney General of Canada may

    • (a) in the case of any judgment, by order, declare that the judgment shall not be recognized or enforceable in any manner in Canada; or

    • (b) in the case of a judgment for a specified amount of money, by order, declare that, for the purposes of the recognition and enforcement of the judgment in Canada, the amount of the judgment shall be deemed to be reduced to such amount as is specified in the order.

  • Marginal note:Attorney General may declare certain foreign judgments not to be recognized or enforceable

    (1.1) Where a foreign tribunal has given a judgment in proceedings instituted under a foreign trade law or a provision of a foreign trade law set out in the schedule and, in the opinion of the Attorney General of Canada, the recognition or enforcement of the judgment in Canada has adversely affected or is likely to adversely affect significant interests in Canada, the Attorney General of Canada may

    • (a) in the case of any judgment, by order, declare that the judgment shall not be recognized or enforceable in any manner in Canada; or

    • (b) in the case of a judgment for a specified amount of money, by order, declare that, for the purposes of the recognition and enforcement of the judgment in Canada, the amount of the judgment shall be deemed to be reduced to such amount as is specified in the order.

  • Marginal note:Publication and coming into force

    (2) Every order made under subsection (1) or (1.1) shall be published in the Canada Gazette and each order comes into force on the later of the day it is published and a day specified in the order as the day on which it is to come into force.

  • Marginal note:Effect of order

    (3) While an order made under subsection (1) or (1.1) is in force,

    • (a) in the case of an order made under paragraph (1)(a) or (1.1)(a), the judgment to which it relates shall not be recognized and is not enforceable in Canada; and

    • (b) in the case of an order made under paragraph (1)(b) or (1.1)(b), the judgment to which it relates may, if enforceable apart from this Act, be recognized and enforced in Canada as if the amount specified in the order were substituted for the amount of the judgment, and not otherwise.

  • Marginal note:No inference where order not made

    (4) In any proceedings in Canada to recognize or enforce a judgment given by a foreign tribunal in proceedings instituted under an antitrust law, or a foreign trade law or a provision of a foreign trade law set out in the schedule, or to enforce a concurrent or subsequent judgment for contribution or indemnity related to that judgment, no inference shall be drawn from the fact that the Attorney General of Canada has not made an order under subsection (1) or (1.1) in respect of the judgment.

  • R.S., 1985, c. F-29, s. 8
  • 1996, c. 28, s. 7

Marginal note:Judgments satisfied outside Canada

 Where an order may not be made under section 8 in respect of a judgment because the judgment has been satisfied outside Canada, or where a judgment has been given under the law of the United States entitled Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, the Attorney General of Canada may, on application by a party against whom the judgment was given who is a Canadian citizen, a resident of Canada, a corporation incorporated by or under a law of Canada or a province or a person carrying on business in Canada, by order, declare that that party may recover, under the provisions of section 9 that the Attorney General identifies, any or all amounts obtained from that party under the judgment, expenses incurred by that party, or loss or damage suffered by that party.

  • 1996, c. 28, s. 7
  • 2001, c. 4, s. 86(F)

Recovery of Damages

Marginal note:Recovery of damages and expenses

  •  (1) Where a judgment in respect of which an order has been made under section 8 has been given against a party who is a Canadian citizen, a resident of Canada, a corporation incorporated by or under a law of Canada or a province or a person carrying on business in Canada, or an order has been made under section 8.1 in favour of such a party in respect of a judgment, that party may, in Canada, sue for and recover from a person in whose favour the judgment is given

    • (a) in the case of an order made under paragraph 8(1)(a) or (1.1)(a),

      • (i) any amount obtained from that party by that person under the judgment,

      • (ii) all expenses incurred by that party in the course of defending the proceedings in which the judgment was awarded and in instituting proceedings under this Act, including all solicitor-client costs or judicial and extrajudicial costs, and

      • (iii) any loss or damage suffered by that party by reason of the enforcement of the judgment; and

    • (b) in the case of an order made under paragraph 8(1)(b) or (1.1)(b),

      • (i) any amount obtained from that party by that person under the judgment that is in excess of the amount to which the judgment is deemed to be reduced,

      • (ii) the amount that the Attorney General of Canada may specify in respect of the expenses incurred by that party in the course of defending the proceedings in which the judgment was awarded,

      • (iii) the expenses incurred by that party in instituting proceedings under this Act, including all solicitor-client costs or judicial and extrajudicial costs, and

      • (iv) such proportion of any loss or damage suffered by that party by reason of the enforcement of the judgment as the Attorney General may specify.

  • Marginal note:Recovery of expenses before final judgment

    (1.1) Where proceedings are instituted under an antitrust law, or a foreign trade law or a provision of a foreign trade law set out in the schedule, and no final judgment has been given under those proceedings against a party who is a Canadian citizen, a resident of Canada, a corporation incorporated by or under a law of Canada or a province or a person carrying on business in Canada, that party may, in Canada, with the consent of the Attorney General of Canada, at any time during the proceedings sue the person who instituted the action and recover from that person all expenses incurred by the party in defending those proceedings and in instituting proceedings under this Act, including all solicitor-client costs or judicial and extrajudicial costs.

  • Marginal note:Seizure and sale of property and shares

    (2) A court that renders judgment in favour of a party pursuant to subsection (1) or (1.1) may, in addition to any other means of enforcing judgment available to the court, order the seizure and sale of any property in which the person against whom the judgment is rendered, or any person who controls or is a member of a group of persons that controls, in law or in fact, that person, has a direct or indirect beneficial interest. The property that may be seized and sold includes shares of any corporation incorporated by or under a law of Canada or a province, regardless of whether the share certificates are located inside or outside Canada.

  • R.S., 1985, c. F-29, s. 9
  • 1996, c. 28, s. 7
  • 2001, c. 4, s. 87
 
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