Bill C-23

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	Evidence Obtained by Canada from Abroad
Evidence	30.25 The Minister of Justice shall, on receiving evidence sent by a foreign state in response to a request made by Canada under an agreement, send it promptly to the Commissioner.
Foreign records	30.26 (1) In a proceeding in respect of which Parliament has jurisdiction, a record or a copy of a record and any affidavit, certificate or other statement pertaining to the record made by a person who has custody or knowledge of the record, sent to the Minister of Justice by a foreign state in accordance with a Canadian request under an agreement, is not inadmissible in evidence by reason only that a statement contained in it is hearsay or a statement of opinion.
Probative value	(2) For the purpose of determining the probative value of a record or a copy of a record admitted in evidence under Part VII.1 or VIII, the court hearing the matter, or the Tribunal in proceedings before it, may examine the record or copy, receive evidence orally or by affidavit, or by a certificate or other statement pertaining to the record in which a person attests that the certificate or statement is made in conformity with the laws that apply to a foreign state, whether or not the certificate or statement is in the form of an affidavit attested to before an official of the foreign state, including evidence as to the circumstances in which the information contained in the record or copy was written, stored or reproduced, and may draw any reasonable inference from the form or content of the record or copy.
Foreign things	30.27 In a proceeding in respect of which Parliament has jurisdiction, a thing and any affidavit, certificate or other statement pertaining to the thing made by a person in a foreign state as to the identity and possession of the thing from the time it was obtained until its sending to the Commissioner by the Minister of Justice in accordance with a Canadian request under an agreement, are not inadmissible in evidence by reason only that the affidavit, certificate or other statement contains hearsay or a statement of opinion.
Status of certificate	30.28 An affidavit, certificate or other statement mentioned in section 30.26 or 30.27 is, in the absence of evidence to the contrary, proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
	General
Confidentialit y of foreign requests and evidence	30.29 (1) No person who performs or has performed duties or functions in the administration or enforcement of this Act shall communicate or allow to be communicated to any other person, except for the purposes of the administration or enforcement of this Act,
	(a) the contents of a request made to Canada from a foreign state or the fact of the request having been made; or
	(b) the contents of any record or thing obtained from a foreign state pursuant to a Canadian request.
Confidentialit y of Canadian evidence	(2) No person who performs or has performed duties or functions in the administration or enforcement of this Act shall communicate or allow to be communicated to any other person, except to a Canadian law enforcement agency or for the purposes of the administration or enforcement of this Act, any information obtained under section 30.06 or 30.11.
Exception	(3) This section does not apply in respect of any information that has been made public.
Records or other things already in Commissioner 's possession	30.291 (1) For greater certainty, any evidence requested by a foreign state under an agreement may be obtained for the purposes of giving effect to the request only in accordance with the agreement and the procedure set out in this Part, even in the case of records or other things already in the possession of the Commissioner.
Exception	(2) This section does not apply in respect of any information that has been made public or any information the communication of which was authorized by the person who provided the information.
Preservation of informal arrangements	30.3 Nothing in this Part shall be construed so as to abrogate or derogate from any arrangement or agreement, other than an agreement under this Part, in respect of cooperation between the Commissioner and a foreign authority.
1990, c. 37, s. 29	4. Subsection 32(3) of the French version of the Act is replaced by the following:
Traités	(3) Ces ordonnances ne peuvent être rendues que si elles sont compatibles avec les traités, conventions, arrangements ou engagements concernant des brevets d'invention, des marques de commerce, des droits d'auteur ou des topographies de circuits intégrés conclus avec tout pays étranger et auxquels le Canada est partie.
1999, c. 2, s. 10(1)	5. (1) The portion of paragraph 33(1)(b) of the Act before subparagraph (i) is replaced by the following:
	(b) in the case of an offence under section 52.1 or 53, if the offence is committed or continued,
1999, c. 2, s. 10(1)	(2) Subparagraph 33(1)(b)(ii) of the Act is replaced by the following:
	(ii) one or more persons are likely to suffer damage from the commission of the offence that will be substantially greater than any damage that persons named in the application are likely to suffer from an injunction issued under this subsection in the event that it is subsequently found that an offence under section 52.1 or 53 has not been com mitted, was not about to be committed and was not likely to be committed.
1999, c. 2, s. 10(1)	(3) The portion of subsection 33(1.1) of the Act before paragraph (b) is replaced by the following:
Deceptive telemarketing or contest	(1.1) An injunction issued in respect of an offence under section 52.1 or 53 may forbid any person from supplying to another person a product that is or is likely to be used for the commission or continuation of such an offence, where the person being supplied or, in the case of a corporation, any of its officers or directors was previously
	(a) convicted of an offence under section 52.1 or 53 or an offence under section 52 in respect of conduct prohibited by section 52.1 or 53; or
	6. The Act is amended by adding the following after section 52.1:
Deceptive notice of winning a prize	53. (1) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, send or cause to be sent by electronic or regular mail or by any other means a document or notice in any form , if the document or notice gives the general impression that the recipient has won, will win, or will on doing a particular act win, a prize or other benefit, and if the recipient is asked or given the option to pay money, incur a cost or do anything that will incur a cost.
Non-applicati on	(2) Subsection (1) does not apply if the recipient actually wins the prize or other benefit and the person who sends or causes the notice or document to be sent
	(a) makes adequate and fair disclosure of the number and approximate value of the prizes or benefits, of the area or areas to which they have been allocated and of any fact within the person's knowledge that materially affects the chances of winning;
	(b) distributes the prizes or benefits without unreasonable delay; and
	(c) selects participants or distributes the prizes or benefits randomly, or on the basis of the participants' skill, in any area to which the prizes or benefits have been allocated.
Due diligence	(3) No person shall be convicted of an offence under this section who establishes that the person exercised due diligence to prevent the commission of the offence.
Offences by employees or agents	(4) In the prosecution of a corporation for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the corporation, whether or not the employee or agent is identified, unless the corporation establishes that the corporation exercised due diligence to prevent the commission of the offence.
Liability of officers and directors	(5) Where a corporation commits an offence under this section, any officer or director of the corporation who is in a position to direct or influence the policies of the corporation in respect of conduct prohibited by this section is a party to and guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted, unless the officer or director establishes that the officer or director exercised due diligence to prevent the commission of the offence.
Offence and punishment	(6) Any person who contravenes this section is guilty of an offence and liable
	(a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding five years, or to both; or
	(b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both.
Sentencing	(7) In sentencing a person convicted of an offence under this section, the court shall consider, among other factors, the following aggravating factors:
	(a) the use of lists of persons previously deceived by the commission of an offence under section 52.1 or this section;
	(b) the particular vulnerability of recipients of the notices or documents referred to in subsection (1) to abusive tactics;
	(c) the amount of the proceeds realized by the person from the commission of an offence under this section;
	(d) previous convictions of the person under section 52 or 52.1 or this section; and
	(e) the manner in which information is conveyed, including the use of abusive tactics.
	7. The Act is amended by adding the following after section 65:
Contravention of subsection 30.06(5)	65.1 (1) Every person who, without good and sufficient cause, the proof of which lies on that person, contravenes subsection 30.06(5) is guilty of an offence and liable on summary conviction or on conviction on indictment to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both.
Destruction or alteration of records or things	(2) Every person who destroys or alters, or causes to be destroyed or altered, any record or thing in respect of which a search warrant is issued under section 30.06 or that is required to be produced pursuant to an order made under subsection 30.11(1) or 30.16(1) is guilty of an offence and liable
	(a) on conviction on indictment to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years, or to both; or
	(b) on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding two years, or to both.
Refusal after objection overruled	65.2 (1) Every person who, without good and sufficient cause, the proof of which lies on that person, refuses to answer a question or to produce a record or thing to the person designated under paragraph 30.11(2)(c) after a judge has ruled against the objection under paragraph 30.11(8)(a), is guilty of an offence and liable on conviction on indictment or on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both.
Refusal where no ruling made on objection	(2) Every person is guilty of an offence and liable on summary conviction or on conviction on indictment to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both, who, without good and sufficient cause, the proof of which lies on that person, refuses to answer a question or to produce a record or thing to the person designated under paragraph 30.11(2)(c), where no ruling has been made under paragraph 30.11(8)(a),
	(a) without giving the detailed statement required by subsection 30.11(9); or
	(b) if the person was previously asked the same question or requested to produce the same record or thing and refused to do so and the reasons on which that person based the previous refusal were determined not to be well-founded by
	(i) a judge, if the reasons were based on the Canadian law of non-disclosure of information or privilege, or
	(ii) a court of the foreign state or by a person designated by the foreign state, if the reasons were based on a law that applies to the foreign state.
1999, c. 2, s. 21	8. Subsection 73(1) of the Act is replaced by the following:
Jurisdiction of Federal Court	73. (1) Subject to this section, the Attorney General of Canada may institute and conduct any prosecution or other proceedings under section 34, any of sections 45 to 51 and section 61 or, where the proceedings are on indictment, under section 52, 52.1, 53, 55, 55.1 or 66, in the Federal Court - Trial Division, and for the purposes of the prosecution or other proceedings, the Federal Court - Trial Division has all the powers and jurisdiction of a superior court of criminal jurisdiction under the Criminal Code and under this Act.
1999, c. 2, s. 22	9. Subsection 74.07(2) of the Act is replaced by the following:
Non-applicati on	(2) Sections 74.01 to 74.06 do not apply in respect of conduct prohibited by sections 52.1, 53, 55 and 55.1.
1999, c. 2, s. 22	10. (1) Subsection 74.11(2) of the Act is replaced by the following:
Duration	(2) Subject to subsection (5), the order has effect, or may be extended on application by the Commissioner, for such period as the court considers necessary and sufficient to meet the circumstances of the case.
1999, c. 2, s. 22	(2) Subsection 74.11(5) of the Act is replaced by the following:
Duration of ex parte order	(5) An order issued ex parte shall have effect for such period as is specified in it, not exceeding seven days unless, on further application made on notice as provided in subsection (3), the court extends the order for such additional period as it considers necessary and sufficient.
Duty of Commissioner	(6) Where an order issued under this section is in effect, the Commissioner shall proceed as expeditiously as possible to complete the inquiry under section 10 arising out of the conduct in respect of which the order was issued.
1999, c. 2, s. 22	11. Sections 74.12 and 74.13 of the Act are replaced by the following:
Consent agreement	74.12 (1) The Commissioner and a person in respect of whom the Commissioner has applied or may apply for an order under this Part may sign a consent agreement.
Terms of consent agreement	(2) The consent agreement shall be based on terms that could be the subject of an order of a court against that person, and may include other terms, whether or not they could be imposed by the court.
Registration	(3) The consent agreement may be filed with the court for immediate registration.
Effect of registration	(4) Upon registration of the consent agreement, the proceedings, if any, are terminated and the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the court.
Rescission or variation of consent agreement or order	74.13 The court may rescind or vary a consent agreement that it has registered or an order that it has made under this Part, on application by the Commissioner or the person who consented to the agreement, or the person against whom the order was made, if the court finds that
	(a) the circumstances that led to the making of the agreement or order have changed and, in the circumstances that exist at the time the application is made, the agreement or order would not have been made or would have been ineffective in achieving its intended purpose; or
	(b) the Commissioner and the person who consented to the agreement have consented to an alternative agreement or the Commissioner and the person against whom the order was made have consented to an alternative order.
R.S., c. 19 (2nd Supp.), s. 45; 1999, c. 2, par. 37(w)	11.1 (1) The portion of subsection 75(1) of the Act before paragraph (a) is replaced by the following:
Jurisdiction of Tribunal where refusal to deal	75. (1) Where, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that
	(2) Subsection 75(1) of the Act is further amended by striking out the word ``and'' at the end of paragraph (c), by adding the word ``and'' at the end of paragraph (d) and by adding the following after paragraph (d):
	(e) the refusal to deal is having or is likely to have an adverse effect on competition in a market,
	(3) Section 75 of the Act is amended by adding the following after subsection (3):
Inferences	(4) In considering an application by a person granted leave under section 103.1, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by the application.
R.S., c. 19, (2nd Supp.), s. 45; 1999, c. 2, par. 37(y)	11.2 (1) The portion of subsection 77(2) of the Act before paragraph (a) is replaced by the following:
Exclusive dealing and tied selling	(2) Where, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that exclusive dealing or tied selling, because it is engaged in by a major supplier of a product in a market or because it is widespread in a market, is likely to
R.S., c. 19, (2nd Supp.), s. 45; 1999, c. 2, par. 37(y)	(2) Subsection 77(3) of the Act is replaced by the following:
Market restriction	(3) Where, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that market restriction, because it is engaged in by a major supplier of a product or because it is widespread in relation to a product, is likely to substantially lessen competition in relation to the product, the Tribunal may make an order directed to all or any of the suppliers against whom an order is sought prohibiting them from continuing to engage in market restriction and containing any other requirement that, in its opinion, is necessary to restore or stimulate competition in relation to the product.

Bill C-23

Evidence Obtained by Canada from Abroad

General