An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (S.C. 2010, c. 23)

Act current to 2013-05-20 and last amended on 2011-04-01. Previous Versions

The following provision is not in force.
Marginal note:Enforcement

  • 40. (1) A demand served under section 15, a notice served under section 17, an undertaking entered into under section 21 and an order of the Commission made under section 26 may be made an order of a court of competent jurisdiction and may be enforced in the same manner as an order of that court as if it had been an order of that court on the date it was served, in the case of a demand, notice or order, or entered into, in the case of an undertaking.

  • Marginal note:Procedure

    (2) The demand, notice, undertaking or order may be made an order of a court of competent jurisdiction by the filing with the registrar of the court of

    • (a) a copy of the demand certified by a person designated for the purpose of section 15;

    • (b) a copy of the notice certified by a person designated for the purpose of section 17;

    • (c) a copy of the undertaking certified by a person designated for the purpose of section 21; or

    • (d) a copy of the order certified by the secretary to the Commission.

  • Marginal note:Rescission or variation

    (3) On application by a person designated for the purpose of section 21 and a person who has entered into an undertaking that has been filed in a court of competent jurisdiction, that court must rescind or vary the undertaking if it finds that another undertaking in relation to the same acts or omissions has been entered into by the person.

INJUNCTION

The following provision is not in force.
Marginal note:Injunction

  • 41. (1) If, on the application of a person designated for the purpose of this section, a court of competent jurisdiction is satisfied that a person is about to do or is likely to do anything that constitutes or is directed toward the contravention of any of sections 6 to 9, the court may issue an injunction ordering any person named in the application

    • (a) to refrain from doing anything that, in the opinion of the court, constitutes or is directed toward the contravention of that section; or

    • (b) to do anything that, in the opinion of the court, may prevent the contravention of that section.

  • Marginal note:Notice

    (2) No injunction may be issued unless 48 hours’ notice is given to every person named in the application or the urgency of the situation is such that service of the notice would not be in the public interest.

OFFENCES

The following provision is not in force.
Marginal note:Non-compliance

42. Every person who refuses or fails to comply with a demand made under section 15 or a notice issued under section 17 or who contravenes subsection 19(4) commits an offence.

The following provision is not in force.
Marginal note:Obstruction and false information

43. Every person who obstructs or hinders, or knowingly makes a false or misleading statement or provides false or misleading information to, a designated person who is carrying out their duties and functions under this Act commits an offence.