Telecommunications Act

Marginal note:Offences

• 73 (1) Every person who contravenes subsection 16(4) or 16.1(1) or (2) or section 17 is guilty of an offence punishable on summary conviction and liable

  • (a) in the case of an individual, to a fine not exceeding fifty thousand dollars for a first offence, or one hundred thousand dollars for a subsequent offence; or

  • (b) in the case of a corporation, to a fine not exceeding five hundred thousand dollars for a first offence, or one million dollars for a subsequent offence.

• Marginal note:Idem

  (2) Every person who

  • (a) contravenes section 25, subsection 27(1) or (2) or section 69.2,

  • (b) contravenes any condition referred to in section 9 or 24 or subsection 34(1) or (2),

  • (c) contravenes any prohibition or requirement of the Commission under section 41,

  • (d) knowingly makes a material misrepresentation of fact or omits to state a material fact to the Minister, the Commission, a person appointed under section 70 or an inspector appointed under section 71, or a person designated under section 72.004 or 72.04, or

  • (e) contravenes any provision of Division 1.1 of Part 16.1 of the Canada Elections Act

  is guilty of an offence punishable on summary conviction and liable, in the case of an individual, to a fine not exceeding ten thousand dollars for a first offence or twenty-five thousand dollars for a subsequent offence, and in the case of a corporation, to a fine not exceeding one hundred thousand dollars for a first offence or two hundred and fifty thousand dollars for a subsequent offence.

• Marginal note:Idem

  (3) Every person who

  • (a) contravenes any other provision of this Act or any special Act or any regulation or decision made under this Act, other than a regulation made under paragraph 15.8(1)(a), or

  • (b) fails to do anything required or does anything prohibited under a provision, regulation or decision referred to in paragraph (a)

  is guilty of an offence punishable on summary conviction and liable, in the case of an individual, to a fine not exceeding five thousand dollars for a first offence or ten thousand dollars for a subsequent offence, and in the case of a corporation, to a fine not exceeding fifty thousand dollars for a first offence or one hundred thousand dollars for a subsequent offence.

• Marginal note:Idem

  (3.1) Every person who contravenes an order made under section 15.1 or 15.2 or a regulation made under paragraph 15.8(1)(a) is guilty of an offence punishable on summary conviction and liable,

  • (a) in the case of an individual, to a fine in an amount that is at the discretion of the court or to imprisonment for a term of not more than two years less a day or to both; and

  • (b) in the case of a corporation, to a fine in an amount that is at the discretion of the court.

• Marginal note:Officer, director or agent or mandatary

  (3.2) An officer, director or agent or mandatary of a person who commits an offence under subsection (3.1) is a party to and guilty of the offence and is liable to the punishment provided for that offence in respect of an individual if they directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the person has been prosecuted or convicted.

• Marginal note:Offence by employee or agent or mandatary

  (3.3) In a prosecution for an offence under subsection (3.1), it is sufficient proof of the offence to establish that it was committed by an employee, acting within the scope of their employment, or by an agent or a mandatary of the accused, acting within the scope of their authority, whether or not the employee or agent or mandatary is identified or proceeded against.

• Marginal note:Defence of due diligence

  (3.4) No person shall be convicted of an offence under any of subsections (1) to (3.1), other than for a contravention of paragraph (2)(d), if the person establishes that they exercised all due diligence to prevent the commission of the offence.

• Marginal note:Consent not required

  (3.5) No consent is required to prosecute an offence under subsection (3.1).

• Marginal note:Consent of Minister required

  (4) A prosecution may not be commenced under this section in respect of a contravention of any provision of Part I, of section 17 or of any regulations made under subsection 22(2), or in respect of a material misrepresentation of fact or an omission to state a material fact to the Minister, without the consent of the Minister.

• Marginal note:Consent of Commission required

  (5) A prosecution may not be commenced in respect of any other offence without the consent of the Commission.

• Marginal note:Time limit

  (6) A prosecution may not be commenced under this Act later than two years after the occurrence of the act or omission that is the subject-matter of the proceedings.

• Marginal note:Injunctions

  (7) If a court of competent jurisdiction is satisfied, on application by the Minister, that a contravention of an order made under section 15.1 or 15.2 or a regulation made under paragraph 15.8(1)(a) or a contravention of section 69.2 is being or is likely to be committed, the court may grant an injunction, subject to any conditions that the court considers appropriate, ordering any person to cease or refrain from any activity related to that offence.

• Marginal note:Federal Court

  (8) For the purposes of subsection (7), the Federal Court is a court of competent jurisdiction.

• Marginal note:Group considered corporation

  (9) For the purposes of this section, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.