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Bill C-52

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SUMMARY

This enactment amends the Radiocommunication Act to add import control measures in respect of radio apparatus or devices used for decoding encrypted subscription programming signals. It makes importation of them without an import certificate an offence and provides for the issuance of the certificates and for Ministerial exemptions from the requirement. Finally, it provides measures to facilitate compliance with and enforcement of the Act, including adding certain inspection powers, increasing penalties and providing the option for a person who pursues a civil remedy to elect statutory damages.

EXPLANATORY NOTES

Clause 1: New.

Clause 2: New.

Clause 3: (1) Subparagraph 5(1)(a)(iv.1) is new. The relevant portion of subsection 5(1) reads as follows:

5. (1) Subject to any regulations made under section 6, the Minister may, taking into account all matters that the Minister considers relevant for ensuring the orderly establishment or modification of radio stations and the orderly development and efficient operation of radiocommunication in Canada,

    (a) issue

(2) New.

Clause 4: New.

Clause 5: (1) Paragraph 8(1)(d) is new. Subsection 8(1) read as follows:

8. (1) Subject to subsection (2), an inspector appointed under paragraph 5(1)(j) may, at any reasonable time, for the purpose of enforcing this Act,

    (a) enter any place in which the inspector believes on reasonable grounds there is any radio apparatus, interference-causing equipment or radio-sensitive equipment;

    (b) examine any radio apparatus, interference-causing equipment or radio-sensitive equipment found therein; and

    (c) examine any logs, books, reports, test data, records, shipping bills, bills of lading or other documents or papers found therein that the inspector believes on reasonable grounds contain information relevant to the enforcement of this Act, and make copies thereof or take extracts therefrom.

(2) New.

Clause 6: (1) The relevant portion of subsection 10(1) reads as follows:

10. (1) Every person who

    . . .

is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year, or to both, or, in the case of a corporation, to a fine not exceeding twenty-five thousand dollars.

(2) Subsections 10(2) to (2.2) read as follows:

(2) Every person who contravenes or fails to comply with subsection 8(5) or (6) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars.

(2.1) Every person who contravenes paragraph 9(1)(c) or (d) is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months, or to both, or, in the case of a corporation, to a fine not exceeding twenty-five thousand dollars.

(2.2) Every person who contravenes paragraph 9(1)(e) is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding one year, or to both, or, in the case of a corporation, to a fine not exceeding two hundred thousand dollars.

Clause 7: New.

Clause 8: New.

Clause 9: New.

Clause 10: (1) Subsections 18(2.1) to (2.3) are new. Subsection 18(2) reads as follows:

(2) In an action under subsection (1) against a person,

    (a) a monetary judgment may not exceed one thousand dollars where the person is an individual and the conduct engaged in by the person is neither contrary to paragraph 9(1)(e) or 10(1)(b) nor engaged in for commercial gain; and

    (b) the costs of the parties are in the discretion of the court.

(2) Subsection 18(5) reads as follows:

(5) An action under subsection (1) may be commenced within, but not after, three years after the conduct giving rise to the action was engaged in.

Clause 11: Subsection 19(4) reads as follows:

(4) An action under subsection (1) may be commenced within, but not after, three years after the conduct giving rise to the action was engaged in.