Official Languages Act — O-3.01 37
37 The Act is amended by adding the following after section 65: Administrative Monetary Penalties Definitions 65.1 The following definitions apply in sections 65.3 to 65.95 and subsection 66 (3). designated body means a corporation referred to in section 65.2 . ( organisme désigné ) penalty means an administrative monetary penalty imposed for a violation. ( sanction ) Application 65.2 Sections 65.3 to 65.95 apply to a Crown corporation — or corporation that is subject to this Act under another Act of Parliament — that (a) is designated by regulation; (b) has duties under Part IV; (c) operates in the transportation sector; and (d) engages in communications with and provides or makes available services to the travelling public. Purpose of penalty 65.3 The purpose of a penalty is to promote compliance with Part IV and not to punish. Regulations 65.4 (1) The Governor in Council may, on the recommendation of the Minister of Canadian Heritage, make regulations (a) designating any corporation for the purposes of section 65.2 ; (b) designating, as a violation that may be proceeded with in accordance with sections 65.3 to 65.95 , the contravention of any specified provision of Part IV or the regulations made under that Part in respect of specified communications and services or specified categories of communications and services; (c) fixing a penalty, or a range of penalties, in respect of each violation; (d) for the purposes of paragraph (3)(d), establishing other criteria to be considered in determining the amount of the penalty if a range of penalties is established; (e) increasing the amount of the maximum penalty set out in subsection (2); (f) respecting the service of documents required or authorized to be served under sections 65.3 to 65.95 , including the manner and proof of service and the circumstances under which documents are to be considered to be served; (g) establishing the form and content of notices of violation; and (h) generally, for carrying out the purposes and provisions of sections 65.3 to 65.95 . Maximum penalty (2) Subject to regulations made under paragraph (1)(e), the maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)(c) is $25,000. Criteria — range of penalties (3) If a range of penalties is fixed by regulations made under paragraph (1)(c) in respect of a violation, then the Commissioner shall take into account the following criteria in determining the amount of the penalty: (a) the nature and scope of the violation; (b) the history of compliance, by the designated body that is believed to have committed the violation, with the provisions of Part IV and the regulations made under that Part that are designated by regulations made under paragraph (1)(b); (c) the designated body’s ability to pay the penalty; (d) any criteria established by regulation; and (e) any other relevant criterion. Violations 65.5 Every designated body that contravenes a provision designated by regulations made under paragraph 65.4 (1)(b) commits a violation and is liable to a penalty of an amount to be determined in accordance with regulations made under paragraph 65.4 (1)(c) and with subsection 65.4 (3). Notice of violation 65.6 (1) If, after carrying out an investigation of a complaint in respect of a right or duty under a provision designated by regulations made under paragraph 65.4 (1)(b), the Commissioner has reasonable grounds to believe that a designated body has committed a violation and has made a report under subsection 63 (1) in respect of that violation, the Commissioner may issue a notice of violation and shall cause it to be served — along with the report and any other relevant document — on the body. Limitation — compliance agreement (2) However, the Commissioner is not permitted to issue a notice of violation in respect of the subject-matter of a complaint unless, before issuing the notice of violation, the Commissioner invited the designated body to enter into a compli