Telecommunications Act

Marginal note:Offences

• 73 (1) Every person who contravenes subsection 16(4) or 16.1(1) or (2) or section 17 is guilty of an offence punishable on summary conviction and liable

  • (a) in the case of an individual, to a fine not exceeding fifty thousand dollars for a first offence, or one hundred thousand dollars for a subsequent offence; or

  • (b) in the case of a corporation, to a fine not exceeding five hundred thousand dollars for a first offence, or one million dollars for a subsequent offence.

• Marginal note:Idem

  (2) Every person who

  • (a) contravenes section 25, subsection 27(1) or (2) or section 69.2,

  • (b) contravenes any condition referred to in section 9 or 24 or subsection 34(1) or (2),

  • (c) contravenes any prohibition or requirement of the Commission under section 41, or

  • (d) knowingly makes a material misrepresentation of fact or omits to state a material fact to the Minister, the Commission, a person appointed under section 70 or an inspector appointed under section 71, or a person designated under section 72.004 or 72.04

  is guilty of an offence punishable on summary conviction and liable, in the case of an individual, to a fine not exceeding ten thousand dollars for a first offence or twenty-five thousand dollars for a subsequent offence, and in the case of a corporation, to a fine not exceeding one hundred thousand dollars for a first offence or two hundred and fifty thousand dollars for a subsequent offence.

• Marginal note:Idem

  (3) Every person who

  • (a) contravenes any other provision of this Act or any special Act or any regulation or decision made under this Act, or

  • (b) fails to do anything required or does anything prohibited under a provision, regulation or decision referred to in paragraph (a)

  is guilty of an offence punishable on summary conviction and liable, in the case of an individual, to a fine not exceeding five thousand dollars for a first offence or ten thousand dollars for a subsequent offence, and in the case of a corporation, to a fine not exceeding fifty thousand dollars for a first offence or one hundred thousand dollars for a subsequent offence.

• Marginal note:Consent of Minister required

  (4) A prosecution may not be commenced under this section in respect of a contravention of any provision of Part I, of section 17 or of any regulations made under subsection 22(2), or in respect of a material misrepresentation of fact or an omission to state a material fact to the Minister, without the consent of the Minister.

• Marginal note:Consent of Commission required

  (5) A prosecution may not be commenced in respect of any other offence without the consent of the Commission.

• Marginal note:Time limit

  (6) A prosecution may not be commenced under this Act later than two years after the occurrence of the act or omission that is the subject-matter of the proceedings.

• Marginal note:Injunctions

  (7) If a court of competent jurisdiction is satisfied, on application by the Minister, that a contravention of section 69.2 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 offence.

• Marginal note:Federal Court

  (8) For the purposes of subsection (7), the Federal Court is a court of competent jurisdiction.