GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Radiocommunication Act — R-2 5
ts a bid for a radio authorization under a system of competitive bidding, any moneys payable to Her Majesty pursuant to the bid are in lieu of any fees fixed under this or any other Act for the radio authorization. Procedures for bidding system (1.4) The Minister may establish procedures, standards and conditions, including, without limiting the generality of the foregoing, bidding mechanisms, minimum bids, bidders’ qualifications, acceptance of bids, application fees for bidders, deposit requirements, withdrawal penalties and payment schedules, applicable in respect of a system of competitive bidding used under subsection (1.2) in selecting the person to whom a radio authorization will be issued. Obligation (1.5) Any person who is subject to the procedures, standards and conditions applicable in respect of a system of competitive bidding used under subsection (1.2) shall comply with all of them. Suspension or revocation of radio authorization (2) The Minister may suspend or revoke a radio authorization (a) with the consent of the holder thereof; (b) after giving written notice to the holder and giving the holder a reasonable opportunity to make representations to the Minister with respect thereto, where the Minister is satisfied that (i) the holder has contravened this Act, the regulations or the terms or conditions of the radio authorization, or (ii) the radio authorization was obtained through misrepresentation; or (c) on giving written notice of suspension or revocation to the holder, without having to give the holder an opportunity to make representations to the Minister with respect thereto, where the holder has failed to comply with a request to pay fees or interest due under paragraph 6(1)(l). R.S., 1985, c. R-2, s. 5; 1989, c. 17, s. 4; 1993, c. 38, s. 92; 1996, c. 18, s. 61; 2014, c. 39, s. 176
Radiocommunication Act — R-2 5.01
Subsection 4(5) — devices 5.01 (1) For the purposes of subsection 4(5), the Minister may, by order, specify any radio apparatus, or equipment or device, or component of any equipment or device, or any class of radio apparatus, or equipment or device, or component of any equipment or device, that the Minister is of the opinion, having regard to the circumstances, is likely used, or intended to be used, to intercept and make use of, or to intercept and divulge, any radiocommunication for a purpose that the Minister specifies in the order. Subsection 4(5) — exemption (2) For the purposes of subsection 4(5), the Minister may also, by order, exempt any person, or class of persons, in whole or in part, on the conditions that the Minister may specify, from the application of that subsection. 2024, c. 17, s. 381
Radiocommunication Act — R-2 5.02
Incorporation by reference 5.02 (1) An order made under subsection 5.01(1) or (2) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. Accessibility of incorporated documents (2) The Minister shall ensure that any document that is incorporated by reference in the order is accessible. No finding of guilt or administrative penalty (3) A person is not liable to be found guilty of an offence or subjected to an administrative monetary penalty for any contravention in respect of which a document that is incorporated by reference in the order is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person. No registration or publication required (4) For greater certainty, a document that is incorporated by reference in the order is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. Existing power not limited (5) For greater certainty, the express power in this section to incorporate a document by reference does not limit the power that otherwise exists to incorporate a document by reference in a regulation made under this Act. 2024, c. 17, s. 381
Radiocommunication Act — R-2 5.1
Information sharing — Canada 5.1 (1) Information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Minister to a federal department, a provincial or municipal government in Canada, or an agency of that federal, provincial or municipal government, to the extent that the disclosure is necessary for the administration of this Act. Information sharing — Government of foreign state and international organization (2) The information may also be disclosed by the Minister under an agreement, a memorandum of understanding or an arrangement in writing between the Government of Canada and the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of that government or organization, if the Minister believes that the information may be relevant to an investigation or proceeding in respect of a contravention under this Act or of the laws of that foreign state that address conduct that is substantially similar to conduct that would be in contravention of this Act. Contents (3) The agreement, memorandum of understanding or arrangement must (a) restrict the use of the information to purposes relevant to an investigation or proceeding in respect of a contravention of the laws of the foreign state that address conduct referred to in subsection (2); (b) stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the person responsible for disclosing the information; and (c) only be in respect of contraventions of the laws of a foreign state that have consequences that would not be considered penal under Canadian law. 2014, c. 39, s. 177
Radiocommunication Act — R-2 6
ct is to be prescribed; and (t) generally for carrying out the purposes and provisions of this Act. Incorporation by reference (2) A regulation made under subsection (1) incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time. R.S., 1985, c. R-2, s. 6; 1989, c. 17, s. 4
Radiocommunication Act — R-2 8.1
Seizure 8.1 (1) An inspector may seize and detain any radio apparatus, interference-causing equipment, radio-sensitive equipment or jammer that they have reasonable grounds to believe is or was used to contravene any provision of this Act or the regulations or is related to the contravention of a provision of the Act or the regulations. Detention (2) Any thing that is seized under subsection (1) is not to be detained (a) after the applicable provisions of this Act or the regulations have, in the opinion of an inspector, been complied with; or (b) after the expiry of 60 days after the day on which the thing is seized, unless before that time (i) the seized thing has been forfeited under section 8.3 or 13, (ii) proceedings have been instituted in respect of the contravention in relation to which the thing was seized, in which case it may be detained until the proceedings are concluded, or (iii) notice of an application for an order extending the time during which the seized thing may be detained has been given in accordance with subsection 8.2(1). Storing of seized things (3) Any thing seized under subsection (1) may, at the option of an inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by or at the direction of an inspector. Prohibition (4) No person shall, without the permission of an inspector, remove, alter or interfere in any way with any thing seized under this section. 2014, c. 39, s. 179
Radiocommunication Act — R-2 8.2
Application to extend period of detention 8.2 (1) If proceedings have not been instituted, the Minister may, before the expiry of 60 days after the day on which the thing is seized and after giving notice to the owner of the seized thing or to the person in whose possession it was at the time of seizure, apply to any superior court of competent jurisdiction for an order extending the time during which the seized thing may be detained. Order of extension granted (2) If, on the hearing of an application made under subsection (1), the court is satisfied that the thing seized should continue to be detained, the court shall order that it be detained for the additional period that the court considers appropriate and that, on the expiry of that period, it be restored to the person from whom it was seized or to any other person entitled to its possession unless before the expiry of that period, subparagraph 8.1(2)(b)(i) or (ii) applies. 2014, c. 39, s. 179
Radiocommunication Act — R-2 8.3
Forfeiture on consent 8.3 The owner or the last person in lawful possession of any radio apparatus, interference-causing equipment, radio-sensitive equipment or jammer may, at any time, consent in writing to its forfeiture to Her Majesty. 2014, c. 39, s. 179
Radiocommunication Act — R-2 9
Prohibitions 9 (1) No person shall (a) knowingly send, transmit or cause to be sent or transmitted any false or fraudulent distress signal, message, call or radiogram of any kind; (b) without lawful excuse, interfere with or obstruct any radiocommunication; (c) decode an encrypted subscription programming signal or encrypted network feed otherwise than under and in accordance with an authorization from the lawful distributor of the signal or feed; (d) operate a radio apparatus so as to receive an encrypted subscription programming signal or encrypted network feed that has been decoded in contravention of paragraph (c); or (e) retransmit to the public an encrypted subscription programming signal or encrypted network feed that has been decoded in contravention of paragraph (c). Prohibition (1.1) Except as prescribed, no person shall make use of or divulge a radio-based telephone communication (a) if the originator of the communication or the person intended by the originator of the communication to receive it was in Canada when the communication was made; and (b) unless the originator, or the person intended by the originator to receive the communication consents to the use or divulgence. Idem (2) Except as prescribed, no person shall intercept and make use of, or intercept and divulge, any radiocommunication, except as permitted by the originator of the communication or the person intended by the originator of the communication to receive it. Exceptions (3) Subsection (2) does not apply in respect of radiocommunication that consists of broadcasting, a subscription programming signal or a network feed. 1989, c. 17, s. 6; 1991, c. 11, s. 83; 1993, c. 40, s. 24
Radiocommunication Act — R-2 9.1
Penalties 9.1 Every person who contravenes subsection 9(1.1) or (2) is guilty of an offence punishable on summary conviction and liable (a) in the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year, or to both; and (b) in the case of a person other than an individual, to a fine not exceeding seventy-five thousand dollars. 1993, c. 40, s. 25
Radiocommunication Act — R-2 11
Liability of directors, etc. 11 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to or acquiesced or participated in the commission of the offence is a party to and guilty of the offence, and is liable to the punishment provided for that offence in respect of an individual, whether or not the corporation has been prosecuted or convicted. 1989, c. 17, s. 6
Radiocommunication Act — R-2 12
Ticket offences 12 (1) The Governor in Council may make regulations designating any offence under this Act as an offence in respect of which (a) any person appointed as an inspector may issue and serve a summons by completing a ticket in the prescribed form, signing it and (i) delivering it to the accused at the time the offence is alleged to have been committed, or (ii) mailing it to the accused at the accused’s latest known address, and (b) the information may be laid after the ticket is delivered or mailed, and any regulations made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulations relate and shall prescribe the amount of the fine to be paid in respect of each such offence. Fines (2) A fine prescribed by regulations made under subsection (1) in respect of an offence may be lower for a first offence than for a subsequent offence, but in no case shall it be greater than one thousand dollars. Failure to respond to ticket (3) Where a person to whom a ticket is delivered or mailed does not enter a plea within the prescribed time, a justice shall examine the information referred to in subsection (1) and (a) if the information is complete and regular on its face, the justice shall enter a conviction in the person’s absence and impose a fine of the prescribed amount; or (b) if the information is not complete and regular on its face, the justice shall quash the proceedings. 1989, c. 17, s. 6
Radiocommunication Act — R-2 13
Forfeiture of radio apparatus 13 (1) In the case of a conviction for an offence under paragraph 10(1)(a), any radio apparatus in relation to which or by means of which the offence was committed may be forfeited to Her Majesty in right of Canada by order of the Minister for such disposition, subject to subsections (2) to (6), as the Minister may direct. Notice of forfeiture (2) Where a radio apparatus is ordered to be forfeited under subsection (1), the Minister shall cause a notice of the forfeiture to be published in the Canada Gazette . Application by person claiming interest (3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest in the apparatus as owner, mortgagee, lien holder or holder of any like interest may, within thirty days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), whereupon the court shall fix a day for the hearing of the application. Notice (4) An applicant for an order under subsection (6) shall, at least thirty days before the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest in the apparatus that is the subject-matter of the application as owner, mortgagee, lien holder or holder of any like interest of whom the applicant has knowledge. Notice of intervention (5) Every person, other than the Minister, who is served with a notice under subsection (4) and who intends to appear at the hearing of the application to which the notice relates shall, at least ten days before the day fixed for the hearing, file an appropriate notice of intervention in the record of the court and serve a copy thereof on the Minister and on the applicant. Order declaring nature and extent of interests (6) Where, on the hearing of an application under this section, the court is satisfied that the applicant, or the interveners, if any, or any of them, (a) are innocent of any complicity and collusion in any conduct that caused the apparatus to be subject to forfeiture, and (b) in the case of owners, exercised all reasonable care in respect of the persons permitted to obtain possession and use of the apparatus to satisfy themselves that it was not likely to be used in the commission of an offence under paragraph 10(1)(a), any applicant or intervener in respect of whom the court is so satisfied is entitled to an order declaring that his interest is not affected by the forfeiture and declaring the nature and extent of his interest and the priority of his interest in relation to other interests recognized pursuant to this subsection, and the court may, in addition, order that the apparatus to which the interests relate be delivered to one or more of the persons found to have an interest therein, or that an amount equal to the value of each of the interests so declared be paid to the persons found to have those interests. 1989, c. 17, s. 6
Radiocommunication Act — R-2 14
Exemptions 14 (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. 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
Radiocommunication Act — R-2 15
Disposition of fines 15 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
Radiocommunication Act — R-2 15.1
Commission of violation 15.1 Every contravention of any of subsections 4(1), (3) to (5) and 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 2024, c. 17, s. 382
Radiocommunication Act — R-2 15.11
Criteria for penalty 15.11 (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. 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
Radiocommunication Act — R-2 15.12
Power of Minister — violation 15.12 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
Radiocommunication Act — R-2 15.13
Entry into undertaking 15.13 (1) A person may enter into an undertaking after a notice of violation is served on them. 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. 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. Failure to respect undertaking (4) Failure to respect an undertaking constitutes a violation. 2014, c. 39, s. 182
Radiocommunication Act — R-2 15.14
Issuance and service 15.14 (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. 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
Radiocommunication Act — R-2 15.15
Payment 15.15 (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. 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. 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. 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
Radiocommunication Act — R-2 15.16
Evidence 15.16 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
Radiocommunication Act — R-2 15.17
Defence 15.17 (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. 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
Radiocommunication Act — R-2 15.18
Vicarious liability — acts of employees and agents and mandataries 15.18 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
Radiocommunication Act — R-2 15.19
Officer, director or agent or mandatary of corporations 15.19 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. 182