Radiocommunication Act (R.S.C., 1985, c. R-2)

Act current to 2018-09-26 and last amended on 2017-09-21. Previous Versions

Offences and Punishment (continued)

Marginal note:Exemptions

  •  (1) The Minister may, by order, subject to any terms and conditions that he or she may specify, exempt any person, class of persons or entity from the application of subsection 4(4) or paragraph 9(1)(b), for any of the following purposes:

    • (a) national security;

    • (b) public safety, including with respect to penitentiaries and prisons;

    • (c) customs and immigration;

    • (d) national defence;

    • (e) international relations;

    • (f) the investigation or prosecution of offences in Canada, including the preservation of evidence;

    • (g) the protection of property, or the prevention of serious harm to any person; or

    • (h) for any other purpose prescribed by regulation.

  • Marginal note:Regulation

    (2) The Governor in Council may make regulations for the purpose of paragraph (1)(h).

  • R.S., 1985, c. R-2, s. 14;
  • 1989, c. 17, s. 6;
  • 2014, c. 39, s. 181.

Marginal note:Disposition of fines

 All fines imposed by this Act or the regulations belong to Her Majesty in right of Canada and shall be paid to the Receiver General.

  • R.S., c. R-1, s. 13.

Administrative Monetary Penalties

Marginal note:Commission of violation

 Every contravention of subsection 4(1), (3) or (4) or 5(1.5) constitutes a violation and the person who commits the violation is liable

  • (a) in the case of an individual, to an administrative monetary penalty not exceeding $25,000 and, for a subsequent contravention, a penalty not exceeding $50,000; or

  • (b) in any other case, to an administrative monetary penalty not exceeding $10,000,000 and, for a subsequent contravention, a penalty not exceeding $15,000,000.

  • 2014, c. 39, s. 182.

Marginal note:Criteria for penalty

  •  (1) The amount of the penalty is to be determined by taking into account the following factors:

    • (a) the nature and scope of the violation;

    • (b) the history of compliance with this Act by the person who committed the violation;

    • (c) any benefit that the person obtained from the commission of the violation;

    • (d) the person’s ability to pay the penalty;

    • (e) any factors established by the regulations; and

    • (f) any other relevant factor.

  • Marginal note:Purpose of penalty

    (2) The purpose of the penalty is to promote compliance with this Act and not to punish.

  • 2014, c. 39, s. 182.

Marginal note:Power of Minister — violation

 The Minister may

  • (a) designate any person, or any person who is a member of a class of persons, as being authorized to issue notices of violation or to accept undertakings; and

  • (b) establish, in respect of each violation, a short-form description to be used in notices of violation.

  • 2014, c. 39, s. 182.

Marginal note:Entry into undertaking

  •  (1) A person may enter into an undertaking after a notice of violation is served on them.

  • Marginal note:Contents

    (2) The undertaking

    • (a) shall be accepted by a person who is authorized to accept an undertaking;

    • (b) shall identify every act or omission that constitutes a violation and that is covered by the undertaking;

    • (c) shall identify every provision at issue;

    • (d) may contain any conditions that the person who is authorized to accept an undertaking considers appropriate; and

    • (e) may include a requirement to pay a specified amount.

  • Marginal note:Effect of undertaking

    (3) If a person enters into an undertaking, the proceeding that is commenced by the notice of violation is ended in respect of that person in connection with any act or omission referred to in the undertaking.

  • Marginal note:Failure to respect undertaking

    (4) Failure to respect an undertaking constitutes a violation.

  • 2014, c. 39, s. 182.

Marginal note:Issuance and service

  •  (1) A person who is authorized to issue notices of violation and who believes, on reasonable grounds, that a person has committed a violation may issue, and shall cause to be served on the person, a notice of violation.

  • Marginal note:Contents of notice

    (2) The notice of violation shall name the person who is believed to have committed the violation, identify the violation and include

    • (a) the penalty that the person is liable to pay;

    • (b) a statement as to the right of the person, within 30 days after the day on which the notice is served, or within any longer period that the Minister specifies, to pay the penalty or to make representations with respect to the violation and the penalty, and the manner for doing so; and

    • (c) a statement indicating that if the person does not pay the penalty or make representations in accordance with the notice, the person is deemed to have committed the violation and the penalty is to be imposed.

  • 2014, c. 39, s. 182.

Marginal note:Payment

  •  (1) If a person who is served with a notice of violation pays the penalty proposed in the notice, the person is deemed to have committed the violation and the proceedings in respect of it are ended.

  • Marginal note:Representations to Minister

    (2) If a person who is served with a notice of violation makes representations in accordance with the notice, the Minister shall decide, on a balance of probabilities, after considering any other representations that the Minister considers appropriate, whether the person committed the violation and may, if the Minister so decides, impose the penalty set out in the notice, a lesser penalty or no penalty.

  • Marginal note:Failure to pay or make representations

    (3) If a person who is served with a notice of violation neither pays the penalty nor makes representations in accordance with the notice, the person is deemed to have committed the violation and the penalty is to be imposed.

  • Marginal note:Copy of decision and notice of rights

    (4) The Minister shall cause a copy of any decision made under subsection (2) to be issued and served on the person together with a notice of the person’s right to appeal under section 15.2.

  • 2014, c. 39, s. 182.

Marginal note:Evidence

 In a proceeding in respect of a violation, a notice purporting to be served under subsection 15.14(1) or a copy of a decision purporting to be served under subsection 15.15(4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

  • 2014, c. 39, s. 182.

Marginal note:Defence

  •  (1) It is a defence for a person in a proceeding in relation to a violation to establish that they exercised due diligence to prevent the violation.

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

  • 2014, c. 39, s. 182.

Marginal note:Vicarious liability — acts of employees and agents and mandataries

 A person is liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against.

  • 2014, c. 39, s. 182.
 
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