GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 41
Injunction 41 (1) If, on the application of a person designated for the purpose of this section, a court of competent jurisdiction is satisfied that a person is about to do or is likely to do anything that constitutes or is directed toward the contravention of any of sections 6 to 9 , the court may issue an injunction ordering any person named in the application (a) to refrain from doing anything that, in the opinion of the court, constitutes or is directed toward the contravention of that section; or (b) to do anything that, in the opinion of the court, may prevent the contravention of that section. Notice (2) No injunction may be issued unless 48 hours’ notice is given to every person named in the application or the urgency of the situation is such that service of the notice would not be in the public interest.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 42
Non-compliance 42 Every person who refuses or fails to comply with a demand made under section 15 or a notice issued under section 17 or who contravenes subsection 19 (4) commits an offence.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 43
Obstruction and false information 43 Every person who obstructs or hinders, or knowingly makes a false or misleading statement or provides false or misleading information to, a designated person who is carrying out their duties and functions under this Act commits an offence.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 44
Directors and officers of corporations 44 An officer, director, agent or mandatary of a corporation that commits an offence is a party to and liable for the offence if they directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation is proceeded against.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 45
Vicarious liability 45 A person is liable for an offence 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, agent or mandatary is identified or proceeded against.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 46
Offence 46 (1) Every person who commits an offence under section 42 or 43 is guilty of an offence punishable on summary conviction and is liable (a) to a fine of not more than $10,000 for a first offence or $25,000 for a subsequent offence, in the case of an individual; or (b) to a fine of not more than $100,000 for a first offence or $250,000 for a subsequent offence, in the case of any other person. Defence (2) A person must not be convicted of an offence under section 42 if they establish that they exercised due diligence to prevent the commission of the offence.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 47
47 [Repealed before coming into force, 2008, c. 20, s. 3]
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 48
48 [Repealed before coming into force, 2008, c. 20, s. 3]
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 49
49 [Repealed before coming into force, 2008, c. 20, s. 3]
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 50
50 [Repealed before coming into force, 2008, c. 20, s. 3]
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 51
51 [Repealed before coming into force, 2008, c. 20, s. 3]
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 52
Directors and officers of corporations 52 An officer, director, agent or mandatary of a corporation that commits a contravention of any of sections 6 to 9 of this Act or of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act, or that engages in conduct that is reviewable under section 74.011 of the Competition Act , is liable for the contravention or reviewable conduct, as the case may be, if they directed, authorized, assented to, acquiesced in or participated in the commission of that contravention, or engaged in that conduct, whether or not the corporation is proceeded against.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 53
Vicarious liability 53 A person is liable for a contravention of any of sections 6 to 9 of this Act or of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act, or for conduct that is reviewable under section 74.011 of the Competition Act , that is committed or engaged in, as the case may be, 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, agent or mandatary is identified or proceeded against.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 54
Defence 54 (1) A person must not be found to have committed a contravention of any of sections 6 to 9 of this Act or of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act, or to have engaged in conduct that is reviewable under section 74.011 of the Competition Act , if they establish that they exercised due diligence to prevent the contravention or conduct, as the case may be. 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 contravention of any of sections 6 to 9 of this Act or of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act, or in respect of conduct that is reviewable under section 74.011 of the Competition Act , to the extent that it is not inconsistent with this Act or the Personal Information Protection and Electronic Documents Act or the Competition Act , as the case may be.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 55
55 [Repealed before coming into force, 2008, c. 20, s. 3]
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 56
Disclosure by an organization 56 Despite subsection 7(3) of the Personal Information Protection and Electronic Documents Act , any organization to which Part 1 of that Act applies may on its own initiative disclose to the Commission, the Commissioner of Competition or the Privacy Commissioner any information in its possession that it believes relates to (a) a contravention of (i) any of sections 6 to 9 , (ii) section 52.01 of the Competition Act or, in respect of conduct carried out by electronic means, section 52, 52.1, 53, 55 or 55.1 of that Act, (iii) section 5 of the Personal Information Protection and Electronic Documents Act , which contravention relates to a collection or use described in subsection 7.1(2) or (3) of that Act, or (iv) any prohibition or requirement of the Commission, in respect of conduct carried out by electronic means, under section 41 of the Telecommunications Act ; or (b) conduct that is reviewable under section 74.011 of the Competition Act or, in respect of conduct carried out by electronic means, under section 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 57
Consultation 57 The Commission, the Commissioner of Competition and the Privacy Commissioner must consult with each other to the extent that they consider appropriate to ensure the effective regulation, under this Act, the Competition Act , the Personal Information Protection and Electronic Documents Act and the Telecommunications Act , of commercial conduct that discourages the use of electronic means to carry out commercial activities, and to coordinate their activities under those Acts as they relate to the regulation of that type of conduct.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 59
Use of information by Commission 59 (1) The Commission may use the information that is disclosed to it under paragraph 58 (2)(b) or (3)(b) only for the purpose of the administration of any of sections 6 to 9 of this Act or, in respect of conduct carried out by electronic means, of section 41 of the Telecommunications Act . Use of information by Commissioner of Competition (2) The Commissioner of Competition may use the information that is disclosed to him or her under paragraph 58 (1)(b) or (3)(a) only for the purpose of the performance or exercise of the Commissioner’s duties or powers related to section 52.01 or 74.011 of the Competition Act or, in respect of conduct carried out by electronic means, to section 52, 52.1, 53, 55, 55.1, 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act. Use of information by Privacy Commissioner (3) The Privacy Commissioner may use the information that is disclosed to him or her under paragraph 58 (1)(a) or (2)(a) only for the purpose of performing or exercising his or her duties or powers under Part 1 of the Personal Information Protection and Electronic Documents Act in respect of a collection or use described in subsection 7.1(2) or (3) of that Act.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 60
section, an arrangement may be created by the acceptance, by the Government of Canada, the Commission, the Commissioner of Competition or the Privacy Commissioner, of a written request for assistance from 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 any such government or organization, if the request is accompanied by a declaration that the party making the request will provide assistance to the party to whom the request is made on a reciprocal basis.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 61
Reports to Minister of Industry 61 The Commission, the Commissioner of Competition and the Privacy Commissioner must provide the Minister of Industry with any reports that he or she requests for the purpose of coordinating the implementation of sections 6 to 9 of this Act, sections 52.01 and 74.011 of the Competition Act and section 7.1 of the Personal Information Protection and Electronic Documents Act .
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 62
Mandate 62 The Commission is responsible for the administration of sections 6 to 46 .
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 63
Appointment of experts, etc. 63 (1) The Commission may, with the approval of the Governor in Council, engage experts or other persons to assist the Commission in any matter. Remuneration (2) The experts and other persons engaged by the Commission must be paid the remuneration, and are entitled to be paid the travel and living expenses incurred in providing assistance to the Commission, as may be fixed by the Governor in Council. Remuneration and expenses payable out of appropriations (3) The remuneration and expenses of the experts and other persons engaged by the Commission must be paid out of money appropriated by Parliament to defray the cost of administering this Act.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 64
Regulations — Governor in Council 64 (1) The Governor in Council may make regulations (a) specifying the circumstances in which consent is deemed to have been withdrawn for the purposes of section 6 ; (b) defining “personal relationship” and “family relationship” for the purposes of paragraph 6 (5)(a); (c) specifying classes of commercial elec­tronic messages, or circumstances in which such messages are sent, for the purposes of paragraph 6 (5)(c); (d) specifying purposes of electronic messages for the purposes of paragraph 6(6)(g); (e) specifying the use that may be made of a consent and the conditions on which a consent may be used for the purposes of paragraph 10 (2)(b); (f) specifying functions for the purposes of paragraph 10 (5)(g); (g) specifying operations for the purposes of subsection 10 (6); (h) specifying programs for the purposes of subparagraph 10 (8)(a)(vi); (i) specifying the circumstances mentioned in subsection 10 (9) in which consent may be implied; (j) defining “membership”, “club”, “association” and “voluntary organization” for the purposes of subsection 10 (13); (k) designating provisions whose contravention constitutes a separate contravention in respect of each day during which it continues; (l) establishing additional factors to be taken into account in determining the amount payable under paragraph 51 (1)(b); and (m) generally, for carrying out the purposes and provisions of this Act. Regulations — Commission (2) The Commission may make regulations (a) respecting the form of a request for consent for the purposes of subsections 10 (1) and (3); (b) respecting undertakings under subsection 21 (1); (c) respecting the service of documents required or authorized to be served under this Act including the manner and proof of service and the circumstances under which documents are to be considered to be served; and (d) prescribing anything that is to be prescribed under this Act.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 65
Review of Act by Parliamentary committee 65 Three years after the day on which this section comes into force, a review of the provisions and operation of this Act must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 66
Existing business or non-business relationships 66 A person’s consent to receiving commercial electronic messages from another person is implied until the person gives notification that they no longer consent to receiving such messages from that other person or until three years after the day on which section 6 comes into force, whichever is earlier, if, when that section comes into force, (a) those persons have an existing business relationship or an existing non-business relationship, as defined in subsection 10 (10) or (13), respectively, without regard to the period mentioned in that subsection; and (b) the relationship includes the communication between them of commercial electronic messages.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 67
Software updates and upgrades 67 If a computer program was installed on a person’s computer system before section 8 comes into force, the person’s consent to the installation of an update or upgrade to the program is implied until the person gives notification that they no longer consent to receiving such an installation or until three years after the day on which section 8 comes into force, whichever is earlier.
An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act — E-1.6 68
68 [Repealed before coming into force, 2008, c. 20, s. 3]