Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
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Assented to 2014-12-16
Marginal note:2012, c. 19, s. 480(1)
187. (1) Subparagraph 36(4)(e)(ii) of the Act is replaced by the following:
(ii) any notice sent under subsection 21(1) or (9), 22(2) or (4), 23(1) or (3) or 25.2(1), paragraph 25.2(4)(a), subsection 25.3(2), paragraph 25.3(6)(b) or subsection 25.3(7), or
(2) Subsection 36(4) of the Act is amended by adding the following after paragraph (e.1):
(e.2) the fact that an order was made under subsection 25.4(1) and whether the order
(i) directed the non-Canadian not to implement the investment that is the subject of the order,
(ii) authorized the investment, or
(iii) required the non-Canadian to divest themselves of control of the Canadian business, or of their investment in the entity, that is the subject of the order;
(e.3) any other information contained in an order made under subsection 25.4(1);
(3) Section 36 of the Act is amended by adding the following after subsection (4.1):
Marginal note:Information referred to in paragraph (4)(e.3)
(4.11) The Minister shall inform the Canadian or non-Canadian before communicating or disclosing any information under paragraph (4)(e.3), and the Minister shall not communicate or disclose the information if they satisfy the Minister, without delay, that the communication or disclosure would prejudice them.
2013, c. 33Related Amendments to the Economic Action Plan 2013 Act, No. 1
188. (1) Section 138 of the Economic Action Plan 2013 Act, No. 1 is amended by replacing the paragraphs 21(5)(a) and (b) that it enacts with the following:
(a) the day on which the Governor in Council takes any measure under subsection 25.4(1) in respect of the investment, and
(b) the day on which the prescribed period referred to in subsection 25.4(1) ends.
(2) Section 138 of the Act is amended by replacing the paragraphs 21(8)(a) and (b) that it enacts with the following:
(a) the day on which the Governor in Council takes any measure under subsection 25.4(1) in respect of the investment, and
(b) the day on which the prescribed period referred to in subsection 25.4(1) ends.
189. Subsection 142(2) of the Act is repealed.
Coordinating Amendments
Marginal note:2013, c.33
190. (1) In this section, “other Act” means the Economic Action Plan 2013 Act, No. 1.
(2) If section 138 of the other Act comes into force before section 188 of this Act, then
(a) that section 188 is deemed never to have come into force and is repealed;
(b) paragraphs 21(5)(a) and (b) of the Investment Canada Act are replaced by the following:
(a) the day on which the Governor in Council takes any measure under subsection 25.4(1) in respect of the investment, and
(b) the day on which the prescribed period referred to in subsection 25.4(1) ends.
(c) paragraphs 21(8)(a) and (b) of the Investment Canada Act are replaced by the following:
(a) the day on which the Governor in Council takes any measure under subsection 25.4(1) in respect of the investment, and
(b) the day on which the prescribed period referred to in subsection 25.4(1) ends.
(3) If section 138 of the other Act comes into force on the same day as section 188 of this Act, then that section 188 is deemed to have come into force before that section 138.
(4) If subsection 142(2) of the other Act comes into force before section 189 of this Act, then
(a) that section 189 is deemed never to have come into force and is repealed; and
(b) subsection 25.4(1.1) of the Investment Canada Act is repealed.
(5) If subsection 142(2) of the other Act comes into force on the same day as section 189 of this Act, then that section 189 is deemed to have come into force before that subsection 142(2).
Division 101991, c. 11Broadcasting Act
191. (1) Subsection 12(1) of the Broadcasting Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:
(a.1) any person has done or is doing any act or thing in contravention of section 34.1, or
(2) Subsection 12(2) of the Act is replaced by the following:
Marginal note:Mandatory orders
(2) The Commission may, by order, require any person to do, without delay or within or at any time and in any manner specified by the Commission, any act or thing that the person is or may be required to do under this Part or any regulation, licence, decision or order made or issued by the Commission under this Part and may, by order, forbid the doing or continuing of any act or thing that is contrary to this Part, to any such regulation, licence, decision or order or to section 34.1.
192. The Act is amended by adding the following after section 34:
PART II.1OFFENCE — PAPER BILL
Marginal note:Prohibition
34.1 No person who carries on a broadcasting undertaking shall charge a subscriber for providing the subscriber with a paper bill.
Marginal note:Offence
34.2. Every person who contravenes section 34.1 is guilty of an offence punishable on summary conviction and is liable
(a) in the case of an individual, to a fine not exceeding $25,000 for a first offence and not exceeding $50,000 for each subsequent offence; or
(b) in the case of a corporation, to a fine not exceeding $250,000 for a first offence and not exceeding $500,000 for each subsequent offence.
Marginal note:Limitation
34.3 No proceedings for an offence under section 34.2 are to be instituted more than two years after the time when the subject-matter of the proceedings arose.
Division 111993, c. 38Telecommunications Act
Amendments to the Act
193. The Telecommunications Act is amended by adding the following after section 24:
Marginal note:Conditions of service — person other than Canadian carrier
24.1 The offering and provision of any telecommunications service by any person other than a Canadian carrier are subject to any conditions imposed by the Commission, including those relating to
(a) service terms and conditions in contracts with users of telecommunications services;
(b) protection of the privacy of those users;
(c) access to emergency services; and
(d) access to telecommunications services by persons with disabilities.
194. The Act is amended by adding the following after section 27.1:
Marginal note:Paper bill
27.2 Any person who provides telecommunications services shall not charge a subscriber for providing the subscriber with a paper bill.
Marginal note:2003, c. 22, par. 224(z.81)(E)
195. Subsections 39(3) to (5) of the Act are replaced by the following:
Marginal note:Persons who shall not disclose information
(3) Subsection (2) applies to any person referred to in any of the following paragraphs who comes into possession of designated information while holding the office or employment described in that paragraph, whether or not the person has ceased to hold that office or be so employed:
(a) a member of, or person employed by, the Commission;
(b) in respect of information disclosed under paragraph 4(b) or 5(b), the Commissioner of Competition appointed under the Competition Act or a person whose duties involve the carrying out of that Act and who is referred to in section 25 of that Act;
(c) in respect of information provided under subsection 37(3), the Minister, the Chief Statistician of Canada, an agent of or a person employed in the federal public administration.
Marginal note:Disclosure of information submitted in proceedings
(4) If designated information is submitted in the course of proceedings before the Commission, the Commission may
(a) disclose or require its disclosure if it determines, after considering any representations from interested persons, that the disclosure is in the public interest; and
(b) disclose or require its disclosure to the Commissioner of Competition on the Commissioner’s request if it determines that the information is relevant to competition issues being considered in the proceedings.
Marginal note:Disclosure of other information
(5) If designated information is submitted to the Commission otherwise than in the course of proceedings before it, the Commission may
(a) disclose or require its disclosure if, after considering any representations from interested persons, it considers that the information is relevant to the determination of a matter before it and determines that the disclosure is in the public interest; and
(b) disclose or require its disclosure to the Commissioner of Competition on the Commissioner’s request if it considers that the information is relevant to competition issues being raised in the matter before it.
Marginal note:Use of information disclosed to Commissioner of Competition
(5.01) Neither the Commissioner of Competition nor any person whose duties involve the administration and enforcement of the Competition Act and who is referred to in section 25 of that Act shall use information that is disclosed
(a) under paragraph (4)(b) other than to facilitate the Commissioner’s participation in proceedings referred to in subsection (4); or
(b) under paragraph (5)(b) other than to facilitate the Commissioner’s participation in a matter referred to in subsection (5).
Marginal note:1998, c. 8, s. 8
196. Section 69.2 of the Act is replaced by the following:
Marginal note:Registration
69.2 (1) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which registration is required under this Act, unless it is registered.
Marginal note:Specifications and markings
(2) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which technical specifications or markings are required under section 69.3 or 69.4, unless the apparatus complies with those requirements.
Marginal note:1998, c. 8, s. 8
197. (1) Paragraphs 69.3(1)(a) to (d) of the Act are replaced by the following:
(a) register telecommunications apparatus and fix any conditions and the duration of the registration;
(a.1) establish requirements for the registration of telecommunications apparatus;
(a.2) establish the procedure governing applications for registration;
(b) amend the conditions and change the duration of the registration;
(c) make available to the public any information regarding the registered telecommunications apparatus;
(d) establish technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus and any requirements relating to those technical specifications and markings;
Marginal note:1998, c. 8, s. 8
(2) Paragraphs 69.3(1)(f) and (g) of the Act are replaced by the following:
(f) require an applicant for registration to disclose to the Minister any information that the Minister considers appropriate respecting the present and proposed use of the telecommunications apparatus in question;
(f.1) establish fees for registration, applications for registration and examinations or testing in relation to registration, and respecting interest payable on unpaid fees;
(g) require the registrant to inform the Minister of any material changes in information disclosed under paragraph (f);
(g.1) establish requirements to recognize and designate foreign and domestic persons that are competent to assess whether telecommunications apparatus complies with the applicable foreign or domestic technical specifications;
Marginal note:1998, c. 8, s. 8
(3) Paragraph 69.3(1)(h) of the Act is repealed.
Marginal note:1998, c. 8, s. 8
(4) Subsections 69.3(2) and (3) of the Act are replaced by the following:
Marginal note:Delegation of powers
(2) The Minister may authorize any person to exercise any of the powers that are granted to the Minister under this Part, or by the regulations made under this Part, subject to any conditions that the Minister may fix.
Marginal note:Suspension or revocation of registration
(3) The Minister may suspend or revoke a registration
(a) with the consent of the registrant;
(b) after giving written notice to the registrant and giving the registrant a reasonable opportunity to make representations to the Minister with respect to the notice, if the Minister is satisfied that
(i) the registrant has contravened this Part, the regulations made under this Part or the conditions of the registration,
(ii) the registration was obtained through misrepresentation, or
(iii) the apparatus does not comply with the applicable technical specifications or markings; or
(c) on giving written notice of suspension or revocation to the registrant, without having to give the registrant an opportunity to make representations to the Minister with respect to the notice, if the registrant has failed to comply with a request to pay fees or interest due.
Marginal note:1998, c. 8, s. 8
198. (1) Paragraphs 69.4(1)(b) to (f) of the Act are replaced by the following:
(c) respecting the inspection, testing and approval of telecommunications apparatus in respect of a registration;
(d) prescribing the form of registration or markings, or any class of registration or markings;
Marginal note:1998, c. 8, s. 8
(2) Paragraph 69.4(1)(i) of the Act is repealed.
Marginal note:1998, c. 8, s. 8
199. Section 69.5 of the Act is repealed.
200. (1) Subsections 71(1) and (2) of the Act are replaced by the following:
Marginal note:Designation of inspectors
71. (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or any special Act for which the Commission is responsible and with the decisions of the Commission under this Act.
Marginal note:Designation of inspectors
(2) The Minister may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act for which the Minister is responsible.
Marginal note:1999, c. 31, s. 207(F)
(2) The portion of subsection 71(4) of the Act before paragraph (b) is replaced by the following:
Marginal note:Powers of inspectors
(4) An inspector may, subject to subsection (5), for the purposes for which the inspector was designated an inspector,
(a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act or any special Act, and examine the document, information or thing or remove it for examination or reproduction;
(3) Paragraph 71(4)(b) of the English version of the Act is replaced by the following:
(b) make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system;
(4) Paragraphs 71(4)(c) and (d) of the Act are replaced by the following:
(c) reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and
(d) use any copying equipment or means of communication in the place.
(5) Subsections 71(5) and (6) of the Act are replaced by the following:
Marginal note:Warrant required to enter dwelling-house
(5) An inspector may not enter a dwelling-house without the consent of the occupant or under the authority of a warrant.
Marginal note:Authority to issue warrant
(6) On an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that
(a) the dwelling-house is a place described in paragraph (4)(a);
(b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act or any special Act; and
(c) entry has been refused or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
(6) Section 71 of the Act is amended by adding the following after subsection (7):
Marginal note:Assistance to inspectors
(8) The owner or person in charge of a place entered by an inspector shall provide all assistance that is reasonably required to enable the inspector to perform their functions under this Part, and shall provide any information that is reasonably expected for that purpose.
Marginal note:Information requirement
(9) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act or any special Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.
Marginal note:Obstruction, false information
(10) No person shall
(a) resist or wilfully obstruct the inspector in carrying out his or her duties; or
(b) knowingly make a false or misleading statement, either orally or in writing, to the inspector.
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