Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
Assented to 2014-12-16
Division 5R.S., c. F-8; 1995, c. 17, s. 45(1)Federal-Provincial Fiscal Arrangements Act
Marginal note:2012, c. 19, s. 396
172. Paragraph 24.3(1)(b) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:
(b) maintaining the national standard set out in section 25.1; and
Marginal note:2012, c. 19, s. 402(1)
173. (1) The portion of section 25.1 of the Act before paragraph (a) is replaced by the following:
Marginal note:Criteria for eligibility — Canada Social Transfer
25.1 (1) In order that a province may qualify for a full cash contribution under sections 24.5 and 24.51 for a fiscal year, the laws of the province must not, in the case of persons described in subsection (2),
(2) Section 25.1 of the Act is amended by adding the following after subsection (1):
Marginal note:No minimum residency period
(2) The persons described for the purpose of subsection (1) are
(a) Canadian citizens;
(b) permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
(c) any person who, under section 24 of the Immigration and Refugee Protection Act, has been determined by an officer to be a victim of human trafficking and who holds a temporary resident permit issued under that section; and
(d) protected persons, within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act.
Division 6R.S., c. R-2, 1989, c. 17, s. 2Radiocommunication Act
174. Section 2 of the Radiocommunication Act is amended by adding the following in alphabetical order:
« brouilleur »
“jammer” means any device or combination of devices that transmits, emits or radiates electromagnetic energy and that is designed to cause, causes or is capable of causing interference or obstruction to radiocommunication, other than a device or combination of devices for which standards have been established under paragraph 5(1)(d) or 6(1)(a) or for which a radio authorization has been issued.
175. Section 4 of the Act is amended by adding the following after subsection (3):
Marginal note:Other prohibitions
(4) No person shall install, use, possess, manufacture, import, distribute, lease, offer for sale or sell a jammer.
176. Section 5 of the Act is amended by adding the following after subsection (1.4):
(1.5) Any person who is subject to the procedures, standards and conditions applicable in respect of a system of competitive bidding used under subsection (1.2) shall comply with all of them.
177. The Act is amended by adding the following after section 5:
Marginal note:Information sharing — Canada
5.1 (1) Information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Minister to a federal department, a provincial or municipal government in Canada, or an agency of that federal, provincial or municipal government, to the extent that the disclosure is necessary for the administration of this Act.
Marginal note:Information sharing — Government of foreign state and international organization
(2) The information may also be disclosed by the Minister under an agreement, a memorandum of understanding or an arrangement in writing between the Government of Canada and 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 that government or organization, if the Minister believes that the information may be relevant to an investigation or proceeding in respect of a contravention under this Act or of the laws of that foreign state that address conduct that is substantially similar to conduct that would be in contravention of this Act.
(3) The agreement, memorandum of understanding or arrangement must
(a) restrict the use of the information to purposes relevant to an investigation or proceeding in respect of a contravention of the laws of the foreign state that address conduct referred to in subsection (2);
(b) stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the person responsible for disclosing the information; and
(c) only be in respect of contraventions of the laws of a foreign state that have consequences that would not be considered penal under Canadian law.
Marginal note:1989, c. 17, s. 6
178. (1) Subsection 8(1) of the Act is replaced by the following:
Marginal note:Powers of inspectors
8. (1) An inspector who is appointed under paragraph 5(1)(j) may, subject to subsection (2),
(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, and examine the document, information or thing or remove it for examination or reproduction;
(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;
(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.
(1.1) An inspector shall be provided with a certificate of appointment which is to be presented at the request of any person appearing to be in charge of any place entered by the inspector.
Marginal note:1989, c. 17, s. 6
(2) Subsection 8(2) of the French version of the Act is replaced by the following:
Marginal note:Maison d’habitation
(2) Il ne peut toutefois entrer dans une maison d’habitation sans le consentement de l’occupant que s’il est muni d’un mandat ou si l’urgence de la situation — notamment dans les cas où le temps nécessaire à l’obtention de ce dernier risquerait soit de mettre en danger des personnes, soit d’entraîner la perte ou la destruction d’éléments de preuve — rend l’obtention de celui-ci difficilement réalisable.
Marginal note:1989, c. 17, s. 6
(3) Subsection 8(3) of the Act is replaced by the following:
Marginal note:Authority to issue warrant
(3) 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 (1)(a);
(b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act; and
(c) entry has been refused by, or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
(4) Section 8 of the Act is amended by adding the following after subsection (5):
Marginal note:Information requirement
(5.1) 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 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.
179. The Act is amended by adding the following after section 8:
8.1 (1) An inspector may seize and detain any radio apparatus, interference-causing equipment, radio-sensitive equipment or jammer that they have reasonable grounds to believe is or was used to contravene any provision of this Act or the regulations or is related to the contravention of a provision of the Act or the regulations.
(2) Any thing that is seized under subsection (1) is not to be detained
(a) after the applicable provisions of this Act or the regulations have, in the opinion of an inspector, been complied with; or
(b) after the expiry of 60 days after the day on which the thing is seized, unless before that time
(i) the seized thing has been forfeited under section 8.3 or 13,
(ii) proceedings have been instituted in respect of the contravention in relation to which the thing was seized, in which case it may be detained until the proceedings are concluded, or
(iii) notice of an application for an order extending the time during which the seized thing may be detained has been given in accordance with subsection 8.2(1).
Marginal note:Storing of seized things
(3) Any thing seized under subsection (1) may, at the option of an inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by or at the direction of an inspector.
(4) No person shall, without the permission of an inspector, remove, alter or interfere in any way with any thing seized under this section.
Marginal note:Application to extend period of detention
8.2 (1) If proceedings have not been instituted, the Minister may, before the expiry of 60 days after the day on which the thing is seized and after giving notice to the owner of the seized thing or to the person in whose possession it was at the time of seizure, apply to any superior court of competent jurisdiction for an order extending the time during which the seized thing may be detained.
Marginal note:Order of extension granted
(2) If, on the hearing of an application made under subsection (1), the court is satisfied that the thing seized should continue to be detained, the court shall order that it be detained for the additional period that the court considers appropriate and that, on the expiry of that period, it be restored to the person from whom it was seized or to any other person entitled to its possession unless before the expiry of that period, subparagraph 8.1(2)(b)(i) or (ii) applies.
Marginal note:Forfeiture on consent
8.3 The owner or the last person in lawful possession of any radio apparatus, interference-causing equipment, radio-sensitive equipment or jammer may, at any time, consent in writing to its forfeiture to Her Majesty.
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