Remote Sensing Space Systems Act (S.C. 2005, c. 45)

Appeal to Minister

Marginal note:Right of appeal

• 29 (1) A person served with notice of a decision made under paragraph 27(1)(b) may, within 30 days after the notice is served, or within any longer period that the Minister allows, appeal the decision to the Minister.

• Marginal note:Powers of Minister

  (2) On an appeal, the Minister may confirm, set aside or vary the decision of the enforcement officer.

Rules about Violations

Marginal note:Vicarious liability — acts of employees, agents and mandataries

30 A person is liable for a violation that is committed by the person’s employee acting in the course of the employment or the person’s agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against.

Marginal note:Due diligence

31 Due diligence is a defence in a proceeding in relation to a violation.

Marginal note:Continuing violation

32 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

Marginal note:Limitation period

33 Any proceedings in respect of a violation may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose.

Marginal note:Violation or offence

• 34 (1) If it is possible to proceed with any act or omission as a violation and it is also possible to proceed with it as an offence, proceeding in one manner precludes proceeding in the other.

• Marginal note:Violations not offences

  (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of one.

Marginal note:Admissibility of documents

35 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 25(1) or 27(1) or (4) or given under section 28 or a certificate issued under subsection 37(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation or a prosecution for an offence.

Recovery of Penalties and Amounts

Marginal note:Debts to Her Majesty

• 36 (1) A penalty imposed under this Act and an amount referred to in subsection 27(4) each constitute a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction.

• Marginal note:Time limit

  (2) No proceedings to recover such a debt may be commenced later than seven years after the debt became payable.

• Marginal note:Proceeds payable to Receiver General

  (3) Each such debt is payable to the Receiver General.

Marginal note:Certificate

• 37 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 36(1).

• Marginal note:Registration in Federal Court

  (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.

Offences

Marginal note:Contravention — section 5, 13 or 14 or subsection 16(1)

• 38 (1) Every person who contravenes section 5 or subsection 16(1) or an order made under section 13 or 14 is guilty of an offence and liable on summary conviction

  • (a) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 18 months, or to both; and

  • (b) in any other case, to a fine not exceeding $250,000.

• Marginal note:Contravention — section 15 or subsection 18(5) or (6)

  (2) Every person who contravenes subsection 18(5) or (6) or an order made under section 15 is guilty of an offence and liable on summary conviction

  • (a) in the case of an individual, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months, or to both; and

  • (b) in any other case, to a fine not exceeding $125,000.

Marginal note:Jurisdiction — contravention outside Canada

• 39 (1) If a person is alleged to have committed an act or omission that is a contravention of section 5 because of the application of section 6, proceedings in relation to that contravention may, whether or not the person is in Canada, be commenced in any territorial division in Canada, and the person may be tried and punished in respect of that offence in the same manner as if it had been committed in that territorial division.

• Marginal note:Appearance of accused at trial

  (2) The provisions of the Criminal Code, including their exceptions, relating to requirements that an accused appear at and be present during proceedings apply in respect of proceedings commenced in a territorial division under subsection (1).

• Marginal note:Offence dealt with outside Canada

  (3) If a person is alleged to have committed an act or omission referred to in subsection (1) and the person has been dealt with outside Canada for the contravention in a manner that, if the person had been dealt with in Canada for the contravention in that manner, would allow the person to plead autrefois acquit, autrefois convict or pardon, the person is deemed to have been so dealt with in Canada.

Marginal note:Liability of officers, directors, agents or mandataries

40 If a corporation commits an offence under this Act, any officer, director, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence 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.

Marginal note:Offences by employees, agents or mandataries

41 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, an agent or a mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence.

Marginal note:Due diligence

• 42 (1) Due diligence is a defence in a prosecution for an offence under this Act.

• Marginal note:Section 126 of Criminal Code

  (2) No person shall be prosecuted under section 126 of the Criminal Code for a contravention of subsection 9(2).

Marginal note:Continuing offence

43 A contravention of this Act that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Limitation period

44 Any proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose.

Marginal note:Injunctions

45 If a court of competent jurisdiction — including the Federal Court — is satisfied, on application by the Minister, that a contravention of section 5 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 contravention, or ordering the person to take any measure that a licensee could, under this Act, be required to take.

Review and Report

Marginal note:Independent review

• 45.1 (1) The Minister shall cause an independent review of the provisions and operation of this Act to be conducted from time to time in order to assess, in particular, its impact on technological development and on the implementation of international agreements and treaties.

• Marginal note:Report by Minister

  (2) The Minister shall cause the report on a review conducted under subsection (1) to be laid before each House of Parliament within five years after the coming into force of this Act, and within every five-year period after the tabling of a report under this subsection.

Coordinating Amendment

46 [Amendments]

Coming into Force

Marginal note:Order in council

Footnote ^*47 This Act, other than section 46, comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Section 46 in force on assent November 25, 2005; Act, other than section 46, in force April 5, 2007, see SI/2007-47.]