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 (S.C. 2010, c. 23)
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Assented to 2010-12-15
INJUNCTION
Marginal note: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.
Marginal note: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.
OFFENCES
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
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