GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Online News Act — O-9.3 49
Establishment of code 49 (1) The Commission must, by regulation, establish a code of conduct respecting bargaining in relation to news content — including any bargaining and mediation sessions during the bargaining process set out in sections 18 to 44 — between (a) operators of digital news intermediaries that make available news content that is produced primarily for the Canadian news marketplace by news outlets; and (b) eligible news businesses or groups of eligible news businesses. Purpose of code (2) The purpose of the code is to support fairness and transparency in bargaining in relation to news content. Mandatory contents (3) The code of conduct must contain provisions (a) respecting the requirement to bargain in good faith that is set out in section 22 ; (b) requiring parties to bargain in good faith even if they are bargaining outside of the bargaining process set out in sections 18 to 44 ; (c) respecting the requirement to bargain in good faith that is referred to in paragraph (b); and (d) respecting the information that the parties require to make informed business decisions. Discretionary contents (4) The code of conduct may, among other things, (a) prohibit the use of specified provisions in agreements, including agreements that are entered into as a result of bargaining or mediation sessions under the bargaining process set out in sections 18 to 44 ; and (b) set out examples of unfair behaviour that could arise during bargaining.
Online News Act — O-9.3 50
Compliance order 50 (1) If an operator, eligible news business or group of eligible news businesses fails to comply with the code of conduct, the Commission may, by order, require the operator, business or group to take any measure the Commission considers necessary to remedy the non- compliance. Statutory Instruments Act (2) The Statutory Instruments Act does not apply in respect of an order made under subsection (1).
Online News Act — O-9.3 51
Prohibition 51 In the course of making available news content that is produced primarily for the Canadian news marketplace by news outlets operated by eligible news businesses, the operator of a digital news intermediary must not act in any way that (a) unjustly discriminates against an eligible news business; (b) gives undue or unreasonable preference to any individual or entity, including itself; or (c) subjects an eligible news business to an undue or unreasonable disadvantage.
Online News Act — O-9.3 52
Complaint 52 (1) An eligible news business or group of eligible news businesses may make a complaint to the Commission if the business or group has reasonable grounds to believe that an operator has, in relation to the business or a member of the group, contravened section 51 . Factors to take into account (2) In determining whether an operator has contravened section 51, the Commission may take into account any factor it considers appropriate, but it must take into account whether the conduct in question is (a) in the normal course of business for the operator; (b) retaliatory in nature; or (c) consistent with the purposes of this Act. Dismissal of complaint (3) If the Commission is of the opinion that a complaint under subsection (1) is frivolous, vexatious or not made in good faith, it may dismiss the complaint summarily.
Online News Act — O-9.3 53
Duty to provide information 53 An operator or news business must, at the request of the Commission and within the time and in the manner that it specifies, provide the Commission with any information that it requires for the purpose of exercising its powers or performing its duties and functions under this Act.
Online News Act — O-9.3 53.1
Canadian Broadcasting Corporation 53.1 If the Canadian Broadcasting Corporation is party to an agreement with an operator in relation to the making available of news content by a digital news intermediary, the Corporation must provide the Commission, within the time and in the manner that it specifies, with an annual report that includes the following information: (a) the amount of compensation received by the Corporation under agreements it has entered into with operators in relation to the making available of news content by digital news intermediaries; (b) information relating to the Corporation’s use of that compensation; and (c) information relating to the contribution of those agreements to the sustainability of the Canadian digital news marketplace, including any such information that the Commission specifies must be included in the report.
Online News Act — O-9.3 54
Minister and Chief Statistician 54 (1) The Commission must, on request, provide the Minister or the Chief Statistician of Canada with any information submitted to the Commission under this Act. Restriction (2) Information that is provided to the Minister in accordance with subsection (1) is only to be used by the Minister for the purpose of permitting the Minister and the Governor in Council to exercise their powers and perform their duties and functions under this Act.
Online News Act — O-9.3 55
 participation in proceedings referred to in subsection (4); or (b) under paragraph (5)(b) other than to facilitate the Commissioner’s participation in a matter referred to in subsection (5). Disclosure (7) The Commission may disclose designated information obtained by it if requested to do so under sub­ section 54 (1). Information inadmissible (8) Designated information that is not disclosed or required to be disclosed under this section is not admissible in evidence in any judicial proceedings except proceedings for failure to submit information required to be submitted under this Act or for forgery, perjury or false declaration in relation to the submission of the information.
Online News Act — O-9.3 56
Offence — disclosure 56 (1) Every individual who contravenes subsection 55 (2) is guilty of an offence and is liable on summary conviction, (a) for a first offence, to a fine of not more than $5,000; and (b) for a second or subsequent offence, to a fine of not more than $10,000. Offence — use (2) Every individual who contravenes subsection 55 (6) is guilty of an offence and is liable on summary conviction, (a) for a first offence, to a fine of not more than $5,000; and (b) for a second or subsequent offence, to a fine of not more than $10,000. Defence (3) An individual is not to be found guilty of an offence under subsection (2) if they establish that they exercised due diligence to prevent the commission of the offence.
Online News Act — O-9.3 57
Designated persons 57 The Commission may designate persons or classes of persons for the purposes of section 58 .
Online News Act — O-9.3 58
Power to order production 58 (1) A person designated under section 57 may, for a purpose related to verifying compliance or preventing non-compliance with this Act, by order require an operator or an eligible news business to produce, within the time and in the manner specified in the order, for examination or copying, any record, report, electronic data or other document that the designated person has reasonable grounds to believe contains information that is relevant to that purpose. Copies and data (2) The designated person may (a) make copies of or take extracts from the record, report, electronic data or other document produced under subsection (1); (b) reproduce any document from the data, or cause it to be reproduced, in the form of a printout or other output; and (c) prepare a document, or cause one to be prepared, based on the data. Assistance (3) The operator or eligible news business and every director, officer, employee and agent or mandatary of the operator or business must (a) give all assistance that is reasonably required to enable the designated person to exercise their powers and perform their duties and functions under this section, including by providing explanations respecting its organization, information technology systems, data handling and business activities; and (b) provide any documents or information, and access to any data, that are reasonably required for that purpose. Confidential information (4) The rules in section 55 respecting the designation and disclosure of information apply in respect of any information contained in a record, report, electronic data or other document that is provided to the designated person as if that person were a member of the Commission exercising the powers of the Commission. Statutory Instruments Act (5) The Statutory Instruments Act does not apply in respect of an order made under subsection (1).
Online News Act — O-9.3 59
Contravention — eligible news business 59 (1) If an eligible news business contravenes a provision of this Act, a provision of the regulations or an order made under this Act, the Commission may, by order, (a) impose any conditions on the business that are designed to further its compliance with this Act, including conditions respecting its participation in the bargaining process set out in sections 18 to 44 ; (b) suspend, for the period the Commission specifies, the order designating the business as eligible; or (c) revoke the order designating the business as eligible. Contravention — group of eligible news businesses (2) If a group of eligible news businesses contravenes a provision of this Act, a provision of the regulations or an order made under this Act, the Commission may, by order, impose any conditions designed to further the compliance of the group and its members with this Act, including restrictions on its participation in the bargaining process set out in sections 18 to 44 . Contravention — directors, officers, etc. (3) For the purposes of subsections (1) and (2), the contravention of a provision of this Act, a provision of the regulations or an order made under this Act by an eligible news business or group of eligible news businesses includes such a contravention by its director, officer, employee or agent or mandatary. Statutory Instruments Act (4) The Statutory Instruments Act does not apply to an order made under subsection (1) or (2).
Online News Act — O-9.3 60
Violation — operators, directors, etc. 60 (1) Subject to any regulations made under paragraph 76 (a), an operator or a director, officer, employee or agent or mandatary of an operator commits a violation if they (a) contravene a provision of this Act, a provision of the regulations, an order made under this Act or an undertaking that they entered into under section 65 ; or (b) make a misrepresentation of a material fact or an intentional omission to state a material fact to a person designated under section 57 or paragraph 63 (a). Violation — other individuals and entities (2) An individual or entity commits a violation if they contravene subsection 7 (2). Continued violation (3) A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued.
Online News Act — O-9.3 61
Maximum amount of penalty 61 (1) Subject to any regulations made under paragraph 76 (b), an individual or entity that commits a violation is liable to an administrative monetary penalty (a) in the case of an individual, of not more than $25,000 for a first violation and of not more than $50,000 for each subsequent violation; or (b) in the case of an entity, of not more than $10 million for a first violation and of not more than $15 million for each subsequent violation. Criteria for penalty (2) The amount of the penalty is to be determined by taking into account (a) the nature and scope of the violation; (b) the history of compliance with this Act, the regulations and orders made under this Act by the individual or entity that committed the violation; (c) the history of the individual or entity with respect to any previous undertaking entered into under section 65 ; (d) any benefit that the individual or entity obtained from the commission of the violation; (e) the ability of the individual or entity to pay the penalty; (f) any factors established by regulations made under paragraph 76 (c); (g) the purpose of the penalty; and (h) any other relevant factor. Purpose of penalty (3) The purpose of the penalty is to promote compliance with this Act and not to punish.
Online News Act — O-9.3 62
Procedures 62 (1) Despite subsection 64 (1), the Commission may impose a penalty in a decision made in the course of a proceeding before it under this Act, including a proceeding in respect of a complaint made under section 52 , in which it finds that a violation referred to in section 60 has been committed by an individual or entity other than the individual or entity that entered into an undertaking under section 65 in connection with the same act or omission giving rise to the violation. For greater certainty (2) For greater certainty, the Commission is not to impose a penalty under subsection (1) on an individual or entity that has not been given the opportunity to be heard.
Online News Act — O-9.3 63
Designation 63 The Commission may (a) designate persons or classes of persons who are authorized to issue notices of violation or to accept an undertaking under section 65 ; and (b) establish, in respect of each violation, a short-form description to be used in notices of violation.
Online News Act — O-9.3 64
Notice of violation 64 (1) A person who is authorized to issue notices of violation may, if they believe on reasonable grounds that an individual or entity has committed a violation, other than a violation in respect of a contravention of section 51 , issue a notice of violation and cause it to be served on that individual or entity. Contents (2) The notice of violation must set out (a) the name of the individual or entity that is believed to have committed the violation; (b) the act or omission giving rise to the violation, as well as a reference to the provision that is at issue; (c) the penalty that the individual or entity is liable to pay, as well as the time and manner in which the individual or entity may pay the penalty; (d) a statement informing the individual or entity that they may pay the penalty or make representations to the Commission with respect to the violation and the penalty and informing them of the time and manner for making representations; and (e) a statement informing the individual or entity that, if they do not pay the penalty or make representations in accordance with the notice, they will be deemed to have committed the violation and the penalty may be imposed.
Online News Act — O-9.3 65
Undertaking 65 (1) An individual or entity may enter into an undertaking at any time. The undertaking is valid on its acceptance by the Commission or the person designated to accept an undertaking. Requirements (2) An undertaking (a) must set out every act or omission that is covered by the undertaking; (b) must set out every provision that is at issue; (c) may contain any conditions that the Commission or the person designated to accept the undertaking considers appropriate; and (d) may include a requirement to pay a specified amount. No service of notice of violation (3) If an individual or entity enters into an undertaking, a notice of violation must not be served on them in connection with any act or omission referred to in the undertaking. Undertaking after service of notice of violation (4) If an individual or entity enters into an undertaking after a notice of violation is served on them, the proceeding that is commenced by the notice is ended in respect of that individual or entity in connection with any act or omission referred to in the undertaking.
Online News Act — O-9.3 66
Payment of penalty 66 (1) If an individual or entity that is served with a notice of violation pays the penalty set out in the notice, they are deemed to have committed the violation and the proceedings in respect of it are ended. Representations to Commission and decision (2) If an individual or entity that is served with a notice of violation makes representations in accordance with the notice, the Commission must decide, on a balance of probabilities, after considering any other representations that it considers appropriate, whether the individual or entity committed the violation. If the Commission decides that the individual or entity committed the violation, it may (a) impose the penalty set out in the notice, a lesser penalty or no penalty; and (b) suspend payment of the penalty subject to any conditions that the Commission considers necessary to ensure compliance with this Act. Penalty (3) If an individual or entity that is served with a notice of violation neither pays the penalty nor makes representations in accordance with the notice, the individual or entity is deemed to have committed the violation and the Commission may impose the penalty. Copy of decision (4) The Commission must cause a copy of any decision made under subsection (2) or (3) to be issued and served on the individual or entity.
Online News Act — O-9.3 67
Evidence 67 In a proceeding in respect of a violation, a notice purporting to be served under subsection 64 (1) or a copy of a decision purporting to be served under subsection 66 (4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.
Online News Act — O-9.3 68
Burden of proof 68 In a proceeding in respect of a violation in respect of a contravention of section 51 , the burden of establishing that any discrimination is not unjust or that any preference or disadvantage is not undue or unreasonable is on the individual or entity that is believed to have contravened that section.
Online News Act — O-9.3 69
Defence 69 (1) An individual or entity is not to be found liable for a violation, other than a violation in respect of a contravention of section 22 , if they establish that they exercised due diligence to prevent its commission. 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 applies in respect of a violation to the extent that it is not inconsistent with this Act.
Online News Act — O-9.3 70
Directors, officers, etc. 70 A director, officer or agent or mandatary of an entity 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 entity is proceeded against.
Online News Act — O-9.3 71
Vicarious liability 71 An individual or entity is liable for a violation that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee or agent or mandatary is identified or proceeded against.
Online News Act — O-9.3 72
Limitation or prescription period 72 (1) Proceedings in respect of a violation may be instituted within, but not after, three years after the day on which the subject matter of the proceedings became known to the Commission. Certificate (2) A document that appears 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 who appears to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.
Online News Act — O-9.3 73
Information made public 73 The Commission must make public (a) the name of an individual or entity that enters into an undertaking under section 65 , the nature of the undertaking, including the acts or omissions and provisions at issue, the conditions included in the undertaking and the amount payable under it, if any; and (b) the name of an individual or entity that is deemed, or is found by the Commission, to have committed a violation, the acts or omissions and provisions at issue and the amount of the penalty imposed, if any.
Online News Act — O-9.3 74
Receiver General 74 A penalty paid or recovered in relation to a violation is payable to the Receiver General.
Online News Act — O-9.3 75
Debt due to Her Majesty 75 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in any court of competent jurisdiction: (a) the amount of the penalty imposed by the Commission in a decision made in the course of a proceeding before it under this Act in which it finds that a violation referred to in section 60 has been committed; (b) the amount payable under an undertaking entered into under section 65 , beginning on the day specified in the undertaking or, if no day is specified, beginning on the day on which the undertaking is accepted; (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, beginning on the day specified by the Commission 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). Limitation or prescription period (2) Proceedings to recover a debt may be instituted within, but not after, three years after the day on which the debt becomes payable. Certificate of default (3) The Commission may issue a certificate for the unpaid amount of any debt referred to in subsection (1). Effect of registration (4) Registration of a certificate in any court of competent jurisdiction has the same effect as a judgment of that court for a debt of the amount set out in the certificate and all related registration costs.
Online News Act — O-9.3 76
Regulations 76 The Governor in Council may make regulations (a) providing for exceptions to paragraph 60 (1)(a) or (b); (b) increasing the penalty amounts set out in subsection 61 (1); (c) for the purpose of paragraph 61 (2)(f), establishing other factors to be considered in determining the amount of the penalty; (d) respecting undertakings referred to in section 65 ; (e) respecting the service of documents required or authorized to be served under sections 60 to 75 , including the manner and proof of service and the circumstances under which documents are to be considered to be served; and (f) generally, for carrying out the purposes and provisions of sections 60 to 75 .
Online News Act — O-9.3 77
Judicial powers 77 In a proceeding under this Act, the Commission has the powers of a superior court with respect to the attendance and examination of witnesses and the production and examination of documents or things.
Online News Act — O-9.3 78
Sections 126 and 127 of Criminal Code 78 Sections 126 and 127 of the Criminal Code do not apply in respect of any contravention of a provision of this Act, a provision of the regulations or an order made under this Act.