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Telecommunications Act (S.C. 1993, c. 38)

Act current to 2022-06-20 and last amended on 2021-06-29. Previous Versions

PART VInvestigation and Enforcement (continued)

General Administrative Monetary Penalties Scheme (continued)

Marginal note:Officer, director or agent or mandatary of corporations

 An officer, director or agent or mandatary of a corporation that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against.

  • 2014, c. 39, s. 201

Marginal note:Debt due to Her Majesty

  •  (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

    • (a) the amount of the penalty imposed by the Commission in a decision in the course of a proceeding before it under this Act in which it finds that there has been a contravention of a provision, a regulation or a decision referred to in section 72.001;

    • (b) the amount payable under an undertaking entered into under subsection 72.006(1) beginning on the day specified in the undertaking or, if no day is specified, beginning on the day on which the undertaking is entered into;

    • (c) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice;

    • (d) if representations are made, either the amount of the penalty that is imposed by the Commission or on appeal, as the case may be, beginning on the day specified by the Commission or the court or, if no day is specified, beginning on the day on which the decision is made; and

    • (e) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d).

  • Marginal note:Time limit or prescription

    (2) A proceeding to recover such a debt may not be commenced later than five years after the day on which the debt becomes payable.

  • Marginal note:Receiver General

    (3) A penalty paid or recovered in relation to a violation is payable to the Receiver General.

  • Marginal note:Certificate of default

    (4) The Commission may issue a certificate for the unpaid amount of any debt referred to in subsection (1).

  • Marginal note:Registration in Federal Court

    (5) Registration in the Federal Court of a certificate made under subsection (4) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.

  • 2014, c. 39, s. 201

Marginal note:Time limit or prescription

  •  (1) A proceeding in respect of a violation may not be commenced later than three years after the day on which the subject-matter of the proceedings becomes known to the Commission.

  • Marginal note:Certificate of secretary to Commission

    (2) A document appearing to have been issued by the secretary to the Commission, certifying the day on which the subject-matter of any proceedings became known to the Commission, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.

  • 2014, c. 39, s. 201

Marginal note:Publication

 The Commission may make public

  • (a) the name of a person who enters into an undertaking, the nature of the undertaking including the acts or omissions, the provisions or the decisions at issue, the conditions included in the undertaking and, if applicable, the amount of the penalty; and

  • (b) the name of a person who committed the violation, the nature of the violation including the acts or omissions and provisions or decisions at issue and the amount of the penalty.

  • 2014, c. 39, s. 201

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) exempting from the application of section 72.001 any provision of this Act or the regulations or any decision;

  • (b) for the purpose of paragraph 72.002(1)(e), establishing other factors to be considered in determining the amount of the penalty; and

  • (c) respecting undertakings entered into under subsection 72.006(1).

  • 2014, c. 39, s. 201

Administrative Monetary Penalties Scheme for Unsolicited Telecommunications

Marginal note:Commission of violation

 Every contravention of a prohibition or requirement of the Commission under section 41 and every contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act constitutes a violation and the person who commits the violation is liable

  • (a) in the case of an individual, to an administrative monetary penalty of up to $1,500; or

  • (b) in the case of a corporation, to an administrative monetary penalty of up to $15,000.

  • 2005, c. 50, s. 2
  • 2014, c. 12, s. 138

 [Repealed, 2014, c. 39, s. 203]

Marginal note:Continuing violation

 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.

  • 2005, c. 50, s. 2

Marginal note:Power of Commission re notices of violation

  •  (1) The Commission may

    • (a) designate persons, or classes of persons, who are authorized to issue notices of violation; and

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

  • Marginal note:Certificate

    (2) A person designated under paragraph (1)(a) shall be provided with a certificate of designation, which certificate must be presented at the request of any person appearing to be in charge of any place entered by the designated person.

  • 2005, c. 50, s. 2

 [Repealed, 2014, c. 39, s. 204]

 [Repealed, 2014, c. 39, s. 204]

Marginal note:Notice of violation

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

  • Marginal note:Contents of notice

    (2) The notice of violation must name the person believed to have committed a violation, identify the violation and set out

    • (a) the penalty for the violation as set out in section 72.01;

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

    • (c) the fact that, if the person does not pay the penalty or make representations in accordance with the notice, the person will be deemed to have committed the violation and the Commission may impose the penalty.

  • 2005, c. 50, s. 2

Marginal note:Payment

  •  (1) If the person pays the penalty set out in the notice of violation, the person is deemed to have committed the violation and proceedings in respect of it are ended.

  • Marginal note:Representations to Commission

    (2) If the person makes representations in accordance with the notice, the Commission must decide, on a balance of probabilities, whether the person committed the violation and, if it so decides, it may impose the penalty.

  • Marginal note:Failure to pay or make representations

    (3) A person who neither pays the penalty nor makes representations in accordance with the notice is deemed to have committed the violation and the Commission may impose the penalty.

  • Marginal note:Copy of decision and notice of rights

    (4) The Commission must cause a copy of any decision made under subsection (2) or (3) to be issued and served on the person together with a notice of the person’s right to apply for a review under section 62 or for leave to appeal under section 64.

  • 2005, c. 50, s. 2
  • 2014, c. 39, s. 205

Marginal note:Debts to Her Majesty

  •  (1) An administrative monetary penalty constitutes a debt due to Her Majesty in right of Canada that may be recovered as such in the Federal Court.

  • Marginal note:Time limit

    (2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.

  • Marginal note:Proceeds payable to Receiver General

    (3) An administrative monetary penalty paid or recovered in relation to a violation is payable to and shall be remitted to the Receiver General.

  • Marginal note:Certificate of default

    (4) The unpaid amount of any debt referred to in subsection (1) may be certified by the Commission.

  • Marginal note:Registration in Federal Court

    (5) Registration in the Federal Court of a certificate made under subsection (4) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.

  • 2005, c. 50, s. 2

 [Repealed, 2014, c. 39, s. 206]

 [Repealed, 2014, c. 39, s. 206]

Marginal note:Time limit

  •  (1) No proceedings in respect of a violation may be commenced later than two years after the day on which the subject-matter of the proceedings became known to the Commission.

  • Marginal note:Certificate of secretary to the Commission

    (2) A document appearing to have been issued by the secretary to the Commission, certifying the day on which the subject-matter of any proceedings became known to the Commission, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.

  • 2005, c. 50, s. 2

Marginal note:Publication

 The Commission may make public the nature of a violation, the name of the person who committed it, and the amount of the administrative monetary penalty.

  • 2005, c. 50, s. 2

Provisions Applicable to Both Administrative Monetary Penalties Schemes

Marginal note:Evidence

 In a proceeding in respect of a violation, a notice purporting to be served under subsection 72.005(1) or 72.07(1) or a copy of a decision purporting to be served under subsection 72.007(4) or 72.08(4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

  • 2005, c. 50, s. 2
  • 2014, c. 39, s. 207

Marginal note:Defence

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

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence under this Act or Division 1.1 of Part 16.1 of the Canada Elections Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

  • 2005, c. 50, s. 2
  • 2014, c. 12, s. 142.1, c. 39, ss. 207, 209

Marginal note:Vicarious liability — acts of employees, 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. 207

Marginal note:How act or omission may be proceeded with

 If an act or omission can be proceeded with either as a violation or as an offence under this Act or Division 1.1 of Part 16.1 of the Canada Elections Act, proceeding in one manner precludes proceeding in the other.

  • 2014, c. 12, s. 143.1, c. 39, ss. 207, 209

Marginal note:For greater certainty

 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

  • 2014, c. 39, s. 207

Marginal note:Section 12 does not apply

 Section 12 does not apply in respect of any decision of the Commission made under subsection 72.007(2) or (3) or 72.08(2) or (3) or the portion of the decision made under section 72.003 relating to the finding of a contravention and the imposition of a penalty.

  • 2014, c. 39, s. 207

Marginal note:Group considered corporation

 For the purposes of sections 71 and 72.01 to 72.19, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.

  • 2014, c. 12, s. 143, c. 39, s. 209

Offences

Marginal note:Offences

  •  (1) Every person who contravenes subsection 16(4) or 16.1(1) or (2) or section 17 is guilty of an offence punishable on summary conviction and liable

    • (a) in the case of an individual, to a fine not exceeding fifty thousand dollars for a first offence, or one hundred thousand dollars for a subsequent offence; or

    • (b) in the case of a corporation, to a fine not exceeding five hundred thousand dollars for a first offence, or one million dollars for a subsequent offence.

  • Marginal note:Idem

    (2) Every person who

    • (a) contravenes section 25, subsection 27(1) or (2) or section 69.2,

    • (b) contravenes any condition referred to in section 9 or 24 or subsection 34(1) or (2),

    • (c) contravenes any prohibition or requirement of the Commission under section 41,

    • (d) knowingly makes a material misrepresentation of fact or omits to state a material fact to the Minister, the Commission, a person appointed under section 70 or an inspector appointed under section 71, or a person designated under section 72.004 or 72.04, or

    • (e) contravenes any provision of Division 1.1 of Part 16.1 of the Canada Elections Act

    is guilty of an offence punishable on summary conviction and liable, in the case of an individual, to a fine not exceeding ten thousand dollars for a first offence or twenty-five thousand dollars for a subsequent offence, and in the case of a corporation, to a fine not exceeding one hundred thousand dollars for a first offence or two hundred and fifty thousand dollars for a subsequent offence.

  • Marginal note:Idem

    (3) Every person who

    • (a) contravenes any other provision of this Act or any special Act or any regulation or decision made under this Act, or

    • (b) fails to do anything required or does anything prohibited under a provision, regulation or decision referred to in paragraph (a)

    is guilty of an offence punishable on summary conviction and liable, in the case of an individual, to a fine not exceeding five thousand dollars for a first offence or ten thousand dollars for a subsequent offence, and in the case of a corporation, to a fine not exceeding fifty thousand dollars for a first offence or one hundred thousand dollars for a subsequent offence.

  • Marginal note:Consent of Minister required

    (4) A prosecution may not be commenced under this section in respect of a contravention of any provision of Part I, of section 17 or of any regulations made under subsection 22(2), or in respect of a material misrepresentation of fact or an omission to state a material fact to the Minister, without the consent of the Minister.

  • Marginal note:Consent of Commission required

    (5) A prosecution may not be commenced in respect of any other offence without the consent of the Commission.

  • Marginal note:Time limit

    (6) A prosecution may not be commenced under this Act later than two years after the occurrence of the act or omission that is the subject-matter of the proceedings.

  • Marginal note:Injunctions

    (7) If a court of competent jurisdiction is satisfied, on application by the Minister, that a contravention of section 69.2 is being or is likely to be committed, the court may grant an injunction, subject to any conditions that the court considers appropriate, ordering any person to cease or refrain from any activity related to that offence.

  • Marginal note:Federal Court

    (8) For the purposes of subsection (7), the Federal Court is a court of competent jurisdiction.

  • Marginal note:Group considered corporation

    (9) For the purposes of this section, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.

  • 1993, c. 38, s. 73
  • 1998, c. 8, s. 9
  • 2002, c. 17, s. 30
  • 2014, c. 12, s. 144, c. 39, s. 208
 
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