PART VInvestigation and Enforcement (continued)
Marginal note:Continuing offence
74 Where an offence under section 73 is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
Marginal note:Forfeiture of telecommunications apparatus
74.1 (1) In the case of a conviction for an offence arising out of a contravention of subsection 69.2(1) or (2), any telecommunications apparatus in relation to which or by means of which the offence was committed may be forfeited to Her Majesty in right of Canada by order of the Minister for the disposition, subject to subsections (2) to (6), that the Minister may direct.
Marginal note:Notice of forfeiture
(2) If apparatus is ordered to be forfeited under subsection (1), the Minister shall cause a notice of the forfeiture to be published in the Canada Gazette.
Marginal note:Application by person claiming interest or right
(3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest or right in the apparatus as owner, mortgagee, hypothecary creditor, lien holder, holder of a prior claim or holder of any like interest or right may, within ninety days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), in which case the court shall fix a day for the hearing of the application.
(4) The court may find the application abandoned if the applicant does not, at least thirty days before the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest or right in the apparatus that is the subject-matter of the application as owner, mortgagee, hypothecary creditor, lien holder, holder of a prior claim or holder of any like interest or right of whom the applicant has knowledge.
Marginal note:Notice of intervention
(5) Every person, other than the Minister, who is served with a notice under subsection (4) must, in order to appear at the hearing of the application, file an appropriate notice of intervention in the record of the court and serve a copy of that notice on the Minister and on the applicant at least ten days before the day fixed for the hearing or any shorter period that the court may allow.
Marginal note:Order declaring nature and extent of interests or rights
(6) An applicant or intervener is entitled to an order declaring that their interest or right is not affected by the forfeiture and declaring the nature and extent of their interest or right and the ranking of their interest or right in relation to other interests or rights recognized under this subsection, and the court may, in addition, order that the apparatus to which the interests or rights relate be delivered to one or more of the persons found to have an interest or right in the apparatus, or that an amount equal to the value of each of the interests or rights so declared be paid to the persons found to have those interests or rights, if, on the hearing of an application under this section, the court is satisfied that the applicant or intervener
(a) is innocent of any complicity and collusion in any conduct that caused the apparatus to be subject to forfeiture; and
(b) in the case of owners, exercised all reasonable care in respect of the persons permitted to obtain possession and use of the apparatus to satisfy themselves that it was not likely to be used in the commission of an offence arising out of a contravention of section 69.2.
Marginal note:Liability for costs
(7) Any persons convicted in respect of the forfeited apparatus are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, forfeiture or disposition incurred by Her Majesty that exceed any proceeds of the disposition of the apparatus that have been forfeited to Her Majesty under this section.
- 1998, c. 8, s. 10
- 2001, c. 4, s. 123
- 2004, c. 25, s. 179
PART VITransitional Provisions
Marginal note:Directive for transitional period
75 (1) The Governor in Council may, after consultation with the Commission, issue to the Commission directives respecting the regulation, during any period ending five years after this section comes into force, of a Canadian carrier whose telecommunications operations were not, immediately before this section comes into force, being regulated pursuant to any Act of Parliament, but not more than one such directive may be issued in respect of any one Canadian carrier.
Marginal note:Implementation by Commission
(2) The Commission shall carry out the directives, subject to and in accordance with the provisions of this Act.
Marginal note:Tabling in Parliament
(3) The Minister shall have a copy of each directive laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the directive is issued.
Marginal note:Deemed approval
76 (1) An agreement or arrangement referred to in section 29 or a limitation of liability referred to in section 31 that was entered into or imposed, respectively, by a Canadian carrier in conformity with provincial law while the carrier’s operations were not being regulated under an Act of Parliament, and that is in effect on the coming into force of this section, shall be deemed to have been approved pursuant to section 29 or 31.
Marginal note:Deemed permission
(2) A transmission line that was constructed by a Canadian carrier on, over, under or along a highway or other public place while the carrier’s operations were not being regulated under an Act of Parliament shall be deemed to have been constructed with the consent referred to in subsection 43(3).
- 1993, c. 38, s. 76
- 1999, c. 31, s. 208(F)
PART VIIRelated Amendments, Repeals, Application of Certain Provisions and Coming into Force
77 to 129 [Amendments]
130 and 131 [Repeals]
Application of Certain Provisions
Marginal note:Agent of Her Majesty in right of Manitoba
132 Where a day is fixed for the coming into force of section 3, 88, 89 or 90, that section does not apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Manitoba until December 31, 1993, or such earlier day as is fixed by the Governor in Council at the written request of the Government of Manitoba.
Marginal note:Agent of Her Majesty in right of Saskatchewan
Footnote *133 Where a day is fixed for the coming into force of section 3, 88, 89 or 90, that section does not apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Saskatchewan until a day to be fixed for that purpose by the Governor in Council on the expiration of five years after that section comes into force, or such earlier day as is fixed by the Governor in Council at the written request of the Government of Saskatchewan.
Return to footnote *[Note: Sections 3, 88, 89 and 90 shall apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Saskatchewan as of June 30, 2000, see SI/98-109.]
Coming into Force
Marginal note:Coming into force
Return to footnote *[Note: Act in force October 25, 1993, see SI/93-101.]
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