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Impact Assessment Act (S.C. 2019, c. 28, s. 1)

Full Document:  

Act current to 2020-07-28 and last amended on 2019-08-28. Previous Versions

Administration and Enforcement (continued)

Voluntary Reports

Marginal note:Voluntary reports

  •  (1) If a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Act, but is not required to report the matter under this Act, the person may report any information relating to the offence or likely offence to an enforcement officer or the Agency.

  • Marginal note:Request for confidentiality

    (2) The person making the report may request that their identity, and any information that may reveal their identity, not be disclosed.

  • Marginal note:Due diligence

    (3) An enforcement officer and the Agency must exercise all due diligence to not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal their identity.

  • Marginal note:Prohibition

    (4) A person not referred to in subsection (3), or an entity, must not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal that person’s identity unless that person authorizes the disclosure in writing.

  • Marginal note:Employee protection

    (5) Despite any other Act of Parliament, an employer must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, with the intent to retaliate against the employee because the employee has

    • (a) made a report under subsection (1);

    • (b) acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is an offence under this Act; or

    • (c) acting in good faith and on the basis of reasonable belief, done or stated an intention of doing anything that is required to be done by or under this Act.

Prohibitions and Offences

Marginal note:Obstruction

 A person or entity must not obstruct or hinder an enforcement officer or analyst who is exercising their powers or performing their duties or functions under this Act.

Marginal note:False statements or information

 A person or entity must not make a false or misleading statement or provide false or misleading information in connection with any matter under this Act to any person who is exercising their powers or performing their duties or functions under this Act.

Marginal note:Offences

  •  (1) Every person or entity commits an offence that

    • (a) contravenes section 7, subsection 122(5), 125(3), 129(1), 135(2) or 141(4) or (5) or section 142 or 143;

    • (b) contravenes a condition established under subsection 64(2) or added or amended under section 68 with which the person or entity must comply; or

    • (c) omits to provide to the Minister information required to be provided under subsection 72(1).

  • Marginal note:Penalty — individuals

    (2) Every individual who commits an offence under subsection (1) is liable on summary conviction

    • (a) for a first offence, to a fine of not less than $5,000 and not more than $300,000; and

    • (b) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000.

  • Marginal note:Penalty — small revenue corporations or entities

    (3) Every corporation or entity that commits an offence under subsection (1) and that the court determines under section 145 to be a small revenue corporation or entity is liable on summary conviction

    • (a) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000; and

    • (b) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

  • Marginal note:Penalty — other corporations or entities

    (4) Every corporation or entity, other than a corporation or entity referred to in subsection (3), that commits an offence under subsection (1) is liable on summary conviction

    • (a) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000; and

    • (b) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

Marginal note:Determination of small revenue corporation or entity status

 For the purpose of subsection 144(3), a court may determine a corporation or entity to be a small revenue corporation or entity if the court is satisfied that the gross revenues of the corporation or entity for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.

Marginal note:Continuing offences

  •  (1) If an offence of contravening section 7, subsection 129(1) or 135(2) or section 142, or an offence under paragraph 144(1)(b), is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

  • Marginal note:Due diligence defence

    (2) A person or entity must not be found guilty of an offence for a contravention of section 7, subsection 129(1) or 135(2) or section 142, or of an offence under paragraph 144(1)(b), if they establish that they exercised due diligence to prevent the commission of the offence.

Marginal note:Liability of senior officers

 If a corporation or entity commits an offence under this Act, any senior officer, as defined in section 2 of the Criminal Code, of the corporation or entity who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation or entity, whether or not the corporation or entity has been prosecuted.

Marginal note:Duties of senior officers

 Every senior officer, as defined in section 2 of the Criminal Code, of a corporation or entity must take all reasonable care to ensure that the corporation or entity complies with this Act and any order issued by an enforcement officer or review officer.

Marginal note:Limitation period or prescription

 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence.

Marginal note:Admissibility of evidence

  •  (1) In proceedings for an offence under this Act, a statement, certificate, report or other document of the Minister, an officer or employee of the Agency, an enforcement officer or an analyst that is purported to have been signed by that person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

  • Marginal note:Copies and extracts

    (2) In proceedings for an offence under this Act, a copy of or an extract from any document that is made by the Minister, an officer or employee of the Agency, an enforcement officer or an analyst that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

  • Marginal note:Presumed date of issue

    (3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears.

  • Marginal note:Notice

    (4) No document referred to in this section may be received in evidence unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the document.

Marginal note:Notice to shareholders

 If a corporation that has shareholders is convicted of an offence under this Act, the court must make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.

Publication

Marginal note:Power

 The Agency must publish, in the manner it considers appropriate,

  • (a) information or a document provided by a proponent to comply with a condition established under section 64 or added or amended under section 68;

  • (b) a summary of a report that an enforcement officer or analyst may prepare in the exercise of their powers or the performance of their duties and functions under sections 122 to 125;

  • (c) a notice of non-compliance referred to in section 126;

  • (d) a written order issued by an enforcement officer in accordance with section 127 or by a review officer under section 134; or

  • (e) a decision rendered under section 135.

 
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