GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Telecommunications Act — T-3.4 72.001
Commission of violation 72.001 Every contravention of a provision of this Act, other than section 17 or 69.2, every contravention of a regulation or decision made by the Commission under this Act, other than a prohibition or a requirement of the Commission made under section 41, and every contravention of any of subsections 51 (1) to (4) and (7), 52 (1) to (3) and 53 (1) to (3) and (6) of the Accessible Canada 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 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. 201 2019, c. 10, s. 165
Telecommunications Act — T-3.4 72.002
Criteria for penalty 72.002 (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, the regulations or the decisions made by the Commission under 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 any regulations; and (f) any other relevant factor. Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Act, the regulations or the decisions made by the Commission under this Act, and not to punish. 2014, c. 39, s. 201
Telecommunications Act — T-3.4 72.003
Procedures 72.003 Despite subsection 72.005(1), the Commission may impose a penalty 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. 2014, c. 39, s. 201
Telecommunications Act — T-3.4 72.004
Power of Commission — violation 72.004 The Commission may (a) designate a person, or class of persons, that is authorized to issue notices of violation or accept an undertaking; and (b) establish, in respect of each violation, a short-form description to be used in notices of violation. 2014, c. 39, s. 201
Telecommunications Act — T-3.4 72.005
Issuance and service 72.005 (1) A person who is designated 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 must name the person 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 Commission 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 will be deemed to have committed the violation and the penalty may be imposed. 2014, c. 39, s. 201
Telecommunications Act — T-3.4 72.006
Entry into undertaking 72.006 (1) A person may enter into an undertaking at any time. Contents (2) An undertaking (a) must be accepted by a person who is authorized to accept an undertaking; (b) must identify every act or omission that constitutes a contravention and that is covered by the undertaking; (c) must identify every provision or decision 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. Undertaking before notice of violation (3) If a person enters into an undertaking, no notice of violation may be served on them in connection with any act or omission referred to in the undertaking. Undertaking after notice of violation (4) If a person enters into an undertaking after a notice of violation is served on them, 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 (5) Failure to respect an undertaking constitutes a violation. 2014, c. 39, s. 201
Telecommunications Act — T-3.4 72.007
Payment 72.007 (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 Commission (2) If a person who is served with a notice of violation makes representations in accordance with the notice, the Commission shall decide, on a balance of probabilities, after considering any other representations that it considers appropriate, whether the person committed the violation and, if it so decides, it may 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 Commission may impose the penalty. Copy of decision and notice of rights (4) The Commission shall 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. 2014, c. 39, s. 201
Telecommunications Act — T-3.4 72.008
Officer, director or agent or mandatary of corporations 72.008 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
Telecommunications Act — T-3.4 72.009
Debt due to Her Majesty 72.009 (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). 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. Receiver General (3) A penalty paid or recovered in relation to a violation is payable to the Receiver General. Certificate of default (4) The Commission may issue a certificate for the unpaid amount of any debt referred to in subsection (1). 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
Telecommunications Act — T-3.4 72.0091
Time limit or prescription 72.0091 (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. 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
Telecommunications Act — T-3.4 72.0092
Publication 72.0092 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
Telecommunications Act — T-3.4 72.0093
Regulations 72.0093 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
Telecommunications Act — T-3.4 72.01
Commission of violation 72.01 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
Telecommunications Act — T-3.4 72.03
Continuing violation 72.03 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
Telecommunications Act — T-3.4 72.04
Power of Commission re notices of violation 72.04 (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. 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
Telecommunications Act — T-3.4 72.07
Notice of violation 72.07 (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. 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
Telecommunications Act — T-3.4 72.08
Payment 72.08 (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. 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. 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. 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
Telecommunications Act — T-3.4 72.09
Debts to Her Majesty 72.09 (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. 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. 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. Certificate of default (4) The unpaid amount of any debt referred to in subsection (1) may be certified by the Commission. 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
Telecommunications Act — T-3.4 72.12
Time limit 72.12 (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. 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
Telecommunications Act — T-3.4 72.13
Publication 72.13 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
Telecommunications Act — T-3.4 72.14
Evidence 72.14 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
Telecommunications Act — T-3.4 72.15
Defence 72.15 (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. 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
Telecommunications Act — T-3.4 72.16
Vicarious liability — acts of employees, agents and mandataries 72.16 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
Telecommunications Act — T-3.4 72.17
How act or omission may be proceeded with 72.17 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
Telecommunications Act — T-3.4 72.18
For greater certainty 72.18 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
Telecommunications Act — T-3.4 72.19
Section 12 does not apply 72.19 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
Telecommunications Act — T-3.4 72.2
Group considered corporation 72.2 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
Telecommunications Act — T-3.4 74
Continuing offence 74 Where an offence under section 73 is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
Telecommunications Act — T-3.4 75
Directive for transitional period 75 (1) The Governor in Council may, after consultation with the Commission, issue to the Commission directives respecting the regulation, during any period ending five years after this section comes into force, of a Canadian carrier whose telecommunications operations were not, immediately before this section comes into force, being regulated pursuant to any Act of Parliament, but not more than one such directive may be issued in respect of any one Canadian carrier. Implementation by Commission (2) The Commission shall carry out the directives, subject to and in accordance with the provisions of this Act. Tabling in Parliament (3) The Minister shall have a copy of each directive laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the directive is issued.
Telecommunications Act — T-3.4 76
Deemed approval 76 (1) An agreement or arrangement referred to in section 29 or a limitation of liability referred to in section 31 that was entered into or imposed, respectively, by a Canadian carrier in conformity with provincial law while the carrier’s operations were not being regulated under an Act of Parliament, and that is in effect on the coming into force of this section, shall be deemed to have been approved pursuant to section 29 or 31. Deemed permission (2) A transmission line that was constructed by a Canadian carrier on, over, under or along a highway or other public place while the carrier’s operations were not being regulated under an Act of Parliament shall be deemed to have been constructed with the consent referred to in subsection 43(3). 1993, c. 38, s. 76; 1999, c. 31, s. 208(F)
Telecommunications Act — T-3.4 132
Agent of Her Majesty in right of Manitoba 132 Where a day is fixed for the coming into force of section 3, 88, 89 or 90, that section does not apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Manitoba until December 31, 1993, or such earlier day as is fixed by the Governor in Council at the written request of the Government of Manitoba.
Telecommunications Act — T-3.4 Agent of Her Majesty in right of Saskatchewan
Agent of Her Majesty in right of Saskatchewan * 133 Where a day is fixed for the coming into force of section 3, 88, 89 or 90, that section does not apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Saskatchewan until a day to be fixed for that purpose by the Governor in Council on the expiration of five years after that section comes into force, or such earlier day as is fixed by the Governor in Council at the written request of the Government of Saskatchewan. * [Note: Sections 3, 88, 89 and 90 shall apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Saskatchewan as of June 30, 2000, see SI/98-109.]
Telecommunications Act — T-3.4 Coming into force
Coming into force * 134 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force October 25, 1993, see SI/93-101.]
Telecommunications Act — T-3.4 Idem
Idem (4) Every reference to the Minister of Communications in any order, regulation or other instrument made under the Radiocommunication Act or the Telecommunications Act shall, unless the context otherwise requires, be read as a reference to the Minister of Industry.
Telecommunications Act — T-3.4 2.1
Review 2.1 Three years after this Act comes into force, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing the administration and operation of the provisions enacted by this Act.
Telecommunications Act — T-3.4 110
Bill C-26 110 (1) Subsections (2) to (9) apply if Bill C-26, introduced in the 1st session of the 44th Parliament and entitled An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which section 2 of the other Act and section 84 of this Act are in force, paragraphs 15.9(1)(a) to (e) of the Telecommunications Act are repealed.
Tax Rebate Discounting Act — T-3 1
Short title 1 This Act may be cited as the Tax Rebate Discounting Act . 1977-78, c. 25, s. 1