Bill C-442
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-442 |
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An Act to prohibit profiteering during
emergencies
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Preamble
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Recognizing that
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Reform's
Anti-Profiteering Act.
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INTERPRETATION |
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Definitions
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2. The definitions in this section apply in
this Act.
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``emergency'' « état de crise »
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``emergency'' means
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``essential
goods,
services or
resources'' « biens, services et réserves essentiels »
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``essential goods, services or resources''
means any goods, services or resources or
any class of goods, services or resources
prescribed as essential.
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``local
emergency'' « état de crise locale »
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``local emergency'' means an urgent and
critical situation of a temporary nature
whose direct effects are confined to one
province and that seriously endangers the
lives, health or safety of persons in that
province.
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``local
emergency
proclama- tion'' « procla- mation d'état de crise locale »
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``local emergency proclamation'' means a
proclamation issued under subsection 6(2).
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``national
emergency'' « état de crise nationale »
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``national emergency'' means an urgent and
critical situation of a temporary nature that
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``national
emergency
proclama- tion'' « procla- mation d'état de crise nationale »
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``national emergency proclamation'' means a
proclamation issued under subsection 6(1).
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``prescribed'' « prescrit »
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``prescribed'' means prescribed by a
regulation made under section 12.
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OFFENCE AND PUNISHMENT |
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Offence of
profiteering
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3. (1) Every person commits an offence who
takes advantage or attempts to take advantage
of the unusual or exceptional circumstances
precipitated by an emergency by selling or
attempting to sell essential goods, services or
resources at a price that is unreasonable or
inflationary for the purpose of making
excessive profits.
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Punishment
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(2) Every person who commits an offence
under subsection (1)
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Subsequent
offence
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(3) Where a person is convicted of an
offence under subsection (1), a second or
subsequent time, the amount of the fine for the
second or subsequent offence may,
notwithstanding subsection (2), be double the
amount set out in that subsection.
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Continuing
offence
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(4) A person who commits or continues an
offence under subsection (1) on more than one
day is liable to be convicted for a separate
offence for each day on which the offence is
committed or continued.
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Additional
fine
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(5) Where a person is convicted of an
offence under subsection (1) and the court is
satisfied that the person made excessive
profits by committing that offence, the court
may order the person to pay an additional fine
in an amount equal to the court's estimation of
those profits.
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Officers etc.
of
corporations
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4. Where a corporation commits an offence
under subsection 3(1), any officer, director or
agent of the corporation who directed,
authorized, assented to or acquiesced or
participated in the commission of the offence
is a party to and guilty of the offence and is
liable on conviction to the punishment
provided for the offence, whether or not the
corporation has been prosecuted for or
convicted of the offence.
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Offences by
employees or
agents
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5. In any prosecution for an offence under
subsection 3(1), it is sufficient proof of the
offence to establish that it was committed by
an employee or agent of the accused, whether
or not the employee or agent is identified or
has been prosecuted for the offence.
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PROCLAMATION OF NATIONAL OR LOCAL EMERGENCY |
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Declaration of
national
emergency by
proclamation
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6. (1) Where the Governor in Council
believes, on reasonable grounds, that a
national emergency exists, the Governor in
Council may issue a proclamation declaring
that emergency to be an emergency for the
purposes of subsection 3(1).
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Declaration of
local
emergency by
proclamation
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(2) Where the Governor in Council believes
on reasonable grounds, that a local emergency
exists in a province, the Governor in Council
may, on the request of the lieutenant governor
in council of the province, issue, a
proclamation declaring that emergency to be
an emergency for the purposes of subsection
3(1).
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Contents of
national
emergency
proclamation
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(3) A national emergency proclamation
shall specify concisely the state of affairs
constituting the emergency and whether the
direct effects of the emergency extend to the
whole of Canada or a particular area in Canada
and, where they apply to a particular area in
Canada, identify that area.
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Contents of
local
emergency
proclamation
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(4) A local emergency proclamation shall
specify concisely the state of affairs
constituting the emergency and whether the
direct effects of the emergency extend to the
whole area of a province or specify the
particular area in the province to which those
effects extend, as indicated to the Governor in
Council by the lieutenant governor in council
of the province and, where they apply to a
particular area of the province, identify that
area.
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Effective date
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7. (1) A national or local emergency
proclamation is effective on the day on which
it is issued.
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Expiration
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(2) A proclamation referred to in subsection
(1) expires at the end of sixty days unless the
proclamation is previously revoked or
continued in accordance with this Act.
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CONTINUATION OR REVOCATION OF PROCLAMATION |
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Continuation
by the
Governor in
Council
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8. (1) Subject to subsection (2), at any time
before a national emergency proclamation or
a local emergency proclamation would
otherwise expire, the Governor in Council
may, by proclamation, continue the
proclamation either generally or with respect
to any area for such period not exceeding sixty
days, as is specified in the proclamation where
the Governor in Council believes, on
reasonable grounds, that the emergency will
continue to exist or that the direct effects of the
emergency will continue to extend to that
area.
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Restriction
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(2) A local emergency proclamation may
only be continued in respect of a province or
an area of a province where the lieutenant
governor of the province has made a request to
the Governor in Council for such a
continuance.
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Multiple
continuations
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(3) Subject to subsection (2), a national or
local emergency proclamation may be
continued more than once under subsection
(1).
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Effective date
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(4) A proclamation continuing a
proclamation referred to in subsection (1) is
effective on the day it is issued.
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Revocation by
the Governor
in Council
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9. (1) Subject to subsection (2), the
Governor in Council may, by proclamation,
revoke a national emergency proclamation or
a local emergency proclamation either
generally or with respect to any area of
Canada or a province, as the case may be,
effective on such day as is specified in the
proclamation, as the case may be.
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Restriction
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(2) A local emergency proclamation may
only be revoked in respect of a province or an
area of the province where the lieutenant
governor in council of that province has made
a request to the Governor in Council for such
a revocation.
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Revocation by
the Senate or
the House of
Commons
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(3) The Senate or the House of Commons
may revoke a national emergency
proclamation in accordance with section 10.
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Motion for
revocation
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10. (1) Where a motion for the
consideration of the Senate or the House of
Commons to the effect that a national
emergency proclamation be revoked either
generally or with respect to any area of
Canada, signed by not less than ten members
of the Senate or twenty members of the House
of Commons, as the case may be, is filed with
the Speaker thereof, that House of Parliament
shall take up and consider the motion within
three sitting days after it is filed.
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Vote
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(2) A motion taken up and considered in
accordance with subsection (1) shall be
debated without interruption for not more than
ten hours and, on the expiration of the tenth
hour or such earlier time as the House is ready
for the question, the Speaker shall forthwith,
without further debate or amendment, put
every question necessary for the disposition of
the motion.
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Revocation of
proclamation
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(3) If a motion debated in accordance with
subsection (2) is adopted by the House, the
proclamation, to the extent that it has not
previously expired or been revoked, is
revoked in accordance with the motion,
effective on the day specified in the motion,
which day may not be earlier than the day of
the vote adopting the motion.
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NOTIFICATION TO THE PUBLIC |
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Notification to
the public
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11. (1) The Governor in Council shall, by
whatever means he or she deems appropriate,
cause the public to be notified of every
proclamation issued under this Act and the
contents thereof and shall do so on or before
the day the proclamation takes effect under
this Act.
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Notification to
the public
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(2) The Governor in Council shall, by
whatever means he or she deems appropriate,
cause the public to be notified of every motion
adopted by either House of Parliament that
revokes a proclamation issued under this Act
and the contents thereof and shall do so on or
before the day the motion takes effect under
this Act.
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REGULATIONS |
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Regulations
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12. The Governor in Council may make
regulations
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MISCELLANEOUS |
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Priority of
subsection
3(1)
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13. Notwithstanding any provision in the
Emergencies Act, where a person contravenes
an order or regulation made under that Act and
the contravention constitutes an offence under
that Act and subsection 3(1) of this Act, the
person shall be proceeded against under this
Act.
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COMING INTO FORCE |
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Coming into
force
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14. This Act shall come into force sixty days
after it is assented to.
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