Brian Zinchuk is editor and owner of Pipeline Online
NDP MP for Timmins-James Bay Charlie Angus is seen during a news conference on Parliament Hill, Wednesday, Sept. 21, 2022 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
If ever made law, it would effectively destroy all energy media, including this site
Editor’s note: In a move that would effectively destroy media like Pipeline Online, EnergyNow.ca, BOE Report, Daily Oil Bulletin and more, Timmins-James Bay NDP MP Charlie Angus on Feb. 6 proposed eliminating all advertising from oil and gas firms. “It is prohibited for a person to promote a fossil fuel, a fossil fuel-related brand element or the production of a fossil fuel except as authorized by the provisions of this Act or of the regulations,” the private members bill, which was just introduced and is not law, says. That bill saw first reading on Feb. 5.
This is a step beyond what Regina city council had proposed in 2021. This is a direct assault on free speech that equates fossil fuels to tobacco.
And as a note, every year, over 40 million Canadians are fed, transported, heated, cooled, clothed, and provided for with life-saving and sustaining medications and treatments because of oil and gas, and the petrochemicals derived from them. And unless the nurse quoted at the end sterilizes glass needles, pretty much everything she touches at work is derived from oil and gas. As David Yager wrote in 2020, “Repeat after me: Canada is uninhabitable without fossil fuels.”
Here is the full press release, verbatim:
NDP MP Charlie Angus takes on Big Oil’s misleading advertising as Liberals give them a free ride
OTTAWA— On Tuesday, NDP MP Charlie Angus (Timmins-James Bay) discussed his private member’s bill to stop the misleading advertising and promotion of fossil fuels in Canada.
The move comes after documents revealed that Big Oil knew the harm to their products as far back at 1954 but still spent billions of dollars in advertising campaigns to mislead the public and cover up the clear risks posed to public health and the planet.
MP Angus stood with health-care professionals and other advocates.
“Pollution from Canada’s oil and gas industry is not just killing the planet, it is harming people. Trudeau’s Liberals have just sat by and given Big Oil a free ride,” Angus said. “Every year, 34,000 people die prematurely in Canada from fossil fuel pollution, and yet the Big Oil lobby continues to pump enormous sums in to advertising campaigns to falsely claim the benefits of allowing even more burning of fossil fuels.”
Passage of Bill C-372 will mean that no fossil fuel company will be able to advertise, promote their products, nor mislead the public about the health and environmental threats posed by the burning of fossil fuels, which the World Health Organization now says is the biggest global health threat of the 21st century. The legislation will protect Canadians from the growing health effects caused by the burning of fossil fuels and prevent the public from being deceived or misled about the health and environmental effects of fossil fuel use.
“While the Liberals and Conservatives cover for Big Oil, the NDP is standing up to corporate greed and fighting for the health and wellbeing of Canadians,” stated Angus.
Quotes:
“When the smoke from wildfires gets so bad that kids can’t go outside to play, and flooding and extreme temperatures become the norm, the status quo is simply not an option anymore, this isn’t the world we want our kids to grow up in. Banning fossil fuel advertisements targets the big polluters that are making our planet – and our kids – sick and misleading Canadians about it.” – Jennifer Smith, parent with the For Our Kids network and Mères au front.
“Last year 2023 was the hottest year ever recorded. It was also the year that the world committed to transition away from fossil fuels. A fossil fuel ad ban is a concrete and cost effective action that the Canadian government can take to save lives and make good on this commitment, Bill C-372 is an important step in stemming the campaign of disinformation from the oil and gas industry and addressing this national public health crisis. It is past time to take on the Big Oil advertising lobby with the same determination that was used to deal with Big Tobacco’s promotion of cigarette smoking,” – Leah Temper, Campaign Director for CAPE.
“The federal government’s top priority should be protecting Canadians’ health. Fossil fuel giants shouldn’t be allowed to promote their harmful products and then lie about their risks to the Canadians who will pay for it – many of them with poorer health and even their lives” – Émilie Tremblay, a nurse, Canadian Association of Nurses for the Environment.
Editor’s note:
And here’s some of that oil and gas advertising, full of “corporate greed,” also known as legitimate businesses which are sustaining the lives of all Canadians.
Below this is the entire act, verbatim, with some of that oil and gas advertising polluting its Marxist purity.
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- 0068 Sask Oil Show 2024 booth0068 Sask Oil Show 2024 booth
- 0067 PFM SaskWorks Payroll Investment Plan0067 PFM SaskWorks Payroll Investment Plan
- 0066 WBPC Promo video 30 seconds0066 WBPC Promo video 30 seconds
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- 0071 Pride Upkeep 2024 Packages0071 Pride Upkeep 2024 Packages
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- 0068 Sask Oil Show 2024 booth0068 Sask Oil Show 2024 booth
- 0067 PFM SaskWorks Payroll Investment Plan0067 PFM SaskWorks Payroll Investment Plan
- 0066 WBPC Promo video 30 seconds0066 WBPC Promo video 30 seconds
- 0065 Anova Resources field operator Oxbow0065 Anova Resources field operator Oxbow
- 0064 Estevan OTS0064 Estevan OTS
- 0063 Turnbull Excavating hiring crusher0063 Turnbull Excavating hiring crusher
- 0062 TED_EPAC_Technology_300062 TED_EPAC_Technology_30
- 0061 SIMSA 2024 For Sask Buy Sask0061 SIMSA 2024 For Sask Buy Sask
- 0060 Arizona Lithium Lease building0060 Arizona Lithium Lease building
- 0059 Southeast College Heavy Equipment Operator0059 Southeast College Heavy Equipment Operator
- 0058 Royal Helium Steveville opens anonymous rocket0058 Royal Helium Steveville opens anonymous rocket
- 0055 Smart Power Be Smart with your Power office0055 Smart Power Be Smart with your Power office
- 0053 Kingston Midstream Westspur Alameda Click Before You Dig large text0053 Kingston Midstream Westspur Alameda Click Before You Dig large text
- 0052 Predator Inspections0052 Predator Inspections
- 0051 JML Hiring Pumpjack assembly0051 JML Hiring Pumpjack assembly
- 0049 Scotsburn Dental soft guitar0049 Scotsburn Dental soft guitar
- 0046 City of Estevan This is Estevan0046 City of Estevan This is Estevan
- 0041 DEEP Since 2018 now we are going to build0041 DEEP Since 2018 now we are going to build
- 0032 IWS Summer hiring rock trailer music
- 0022 Grimes winter hiring
- 0021 OSY Rentals S8 Promo
- 0018 IWS Hiring Royal Summer
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- 0006 JK Junior
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| BILL C-372 |
|
An Act respecting fossil fuel advertising |
Preamble
Whereas climate change represents an unprecedented and existential threat to people in Canada and around the world;
Whereas extreme weather events, such as the 2021 heat dome in British Columbia, are already proving deadly in Canada and, according to Health Canada, they are expected to increase in frequency and magnitude due to climate change;
Whereas, in 2023, Canada experienced the worst wildfire season ever recorded as the country exceeded the largest area ever burned in a year, totaling more than 7.9 million hectares;
Whereas the Government of Canada has made international climate commitments to drastically reduce fossil fuel consumption and to reach carbon neutrality by 2050, which requires the timely phase-out of fossil fuels;
Whereas the protection of the environment is a valid use of the federal criminal law power;
Whereas air pollution caused by fossil fuels leads to millions of premature deaths globally, including tens of thousands of premature deaths in Canada alone, and is a major cause of cancer, respiratory illness, adverse pregnancy outcomes, children’s diseases and cardiovascular symptoms;
Whereas fossil fuel production and consumption has resulted in a national public health crisis of substantial and pressing concern, in a way that is similar to the public health crisis caused by tobacco consumption;
Whereas, in 1989, Parliament restricted tobacco advertising and sponsorship to reduce tobacco use to respond to that public health crisis;
Whereas, in the context of a climate emergency, fossil fuel advertising sends a confusing and contradictory message about the need to urgently end Canada’s reliance on fossil fuels;
And whereas Parliament is of the opinion that fossil fuel advertising currently deploys techniques which knowingly mislead the public and fail to disclose the health and environmental harms associated with their use, impeding informed consumer decision-making, undermining public support for effective climate action and delaying the transition to safer, cleaner energy sources;
Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
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- 0068 Sask Oil Show 2024 booth0068 Sask Oil Show 2024 booth
- 0067 PFM SaskWorks Payroll Investment Plan 0067 PFM SaskWorks Payroll Investment Plan
- 0066 WBPC Promo video 30 seconds0066 WBPC Promo video 30 seconds
- 0065 Anova Resources field operator Oxbow0065 Anova Resources field operator Oxbow
- 0064 Estevan OTS0064 Estevan OTS
- 0063 Turnbull Excavating hiring crusher 0063 Turnbull Excavating hiring crusher
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- 0061 SIMSA 2024 For Sask Buy Sask0061 SIMSA 2024 For Sask Buy Sask
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- 0055 Smart Power Be Smart with your Power office0055 Smart Power Be Smart with your Power office
- 0053 Kingston Midstream Westspur Alameda Click Before You Dig large text0053 Kingston Midstream Westspur Alameda Click Before You Dig large text
- 0052 Predator Inspections0052 Predator Inspections
- 0051 JML Hiring Pumpjack assembly0051 JML Hiring Pumpjack assembly
- 0049 Scotsburn Dental soft guitar0049 Scotsburn Dental soft guitar
- 0046 City of Estevan This is Estevan0046 City of Estevan This is Estevan
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- 0032 IWS Summer hiring rock trailer music
- 0022 Grimes winter hiring
- 0021 OSY Rentals S8 Promo
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Short Title
Short title
1 This Act may be cited as the Fossil Fuel Advertising Act.
Interpretation
Definitions
2 The following definitions apply in this Act.
brand element includes a brand name, trademark, trade-name, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with, or that evokes, a product, a service or a brand of product or service, but does not include a colour. (élément de marque)
entity includes a corporation, firm, partnership, association, society, trust or other organization, whether incorporated or not. (entité)
fossil fuel means a fuel that, in whole or in part, is or is derived from petroleum, natural gas or related hydrocarbons. It excludes a fuel that consists only of non-fossilized, biodegradable organic material that originates from plants or animals but does not originate from a geological formation, including gases and liquids that are recovered from the decomposition of organic waste. (combustible fossile)
Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones)
Minister means the Minister of Health. (ministre)
prescribed means prescribed by regulation. (Version anglaise seulement)
producer means the producer of a fossil fuel and includes any entity that is associated with a producer, including an entity that controls or is controlled by the producer or that is controlled by the same entity that controls the producer. (producteur)
promotion means a representation about a product or service by any means, whether directly or indirectly, including any communication of information about the product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs and behaviours about the product or service. (promotion)
retailer means a person who is engaged in a business that includes the sale of fossil fuels to consumers. (détaillant)
sell includes offer for sale, expose for sale and sell for export. (vendre)
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- 0068 Sask Oil Show 2024 booth0068 Sask Oil Show 2024 booth
- 0067 PFM SaskWorks Payroll Investment Plan 0067 PFM SaskWorks Payroll Investment Plan
- 0066 WBPC Promo video 30 seconds0066 WBPC Promo video 30 seconds
- 0065 Anova Resources field operator Oxbow0065 Anova Resources field operator Oxbow
- 0064 Estevan OTS0064 Estevan OTS
- 0063 Turnbull Excavating hiring crusher 0063 Turnbull Excavating hiring crusher
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His Majesty
Binding on His Majesty
3 This Act is binding on His Majesty in right of Canada or a province.
Purpose
Purpose of Act
4 The purpose of this Act is to provide a legislative response to a national public health and environmental problem of substantial and pressing concern and, in particular,
-
(a) to protect the health of Canadians in light of conclusive evidence implicating the burning of fossil fuels in numerous adverse health effects, including fatalities;
-
(b) to protect the environment in light of conclusive evidence implicating the burning of fossil fuels in the climate emergency, which is causing harm to ecosystems as well as numerous debilitating and fatal diseases in humans;
-
(c) to prevent the public from being deceived or misled with respect to the environmental and health hazards of using fossil fuels; and
-
(d) to enhance public awareness of those hazards.
Application
Application
5 This Act does not apply in respect of
-
(a) a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts fossil fuels, fossil fuel-related brand elements or the production of fossil fuels, whatever the mode or form of its expression, if no consideration is given, directly or indirectly, by a producer, a retailer or an entity that has as one of its purposes to promote fossil fuels for that use or depiction in the work, production or performance;
-
(b) an opinion, commentary or report in respect of fossil fuels, fossil fuel-related brand elements or the production of fossil fuels if no consideration is given, directly or indirectly, by a producer, a retailer or an entity that has as one of its purposes to promote fossil fuels for the reference to the fossil fuels, fossil fuel-related brand elements or the production of fossil fuels in that opinion, commentary or report; or
-
(c) the name of an entity or the name under which the entity carries on business.
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- 0068 Sask Oil Show 2024 booth0068 Sask Oil Show 2024 booth
- 0067 PFM SaskWorks Payroll Investment Plan 0067 PFM SaskWorks Payroll Investment Plan
- 0066 WBPC Promo video 30 seconds0066 WBPC Promo video 30 seconds
- 0065 Anova Resources field operator Oxbow0065 Anova Resources field operator Oxbow
- 0064 Estevan OTS0064 Estevan OTS
- 0063 Turnbull Excavating hiring crusher 0063 Turnbull Excavating hiring crusher
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- 0051 JML Hiring Pumpjack assembly0051 JML Hiring Pumpjack assembly
- 0049 Scotsburn Dental soft guitar0049 Scotsburn Dental soft guitar
- 0046 City of Estevan This is Estevan0046 City of Estevan This is Estevan
- 0041 DEEP Since 2018 now we are going to build0041 DEEP Since 2018 now we are going to build
- 0032 IWS Summer hiring rock trailer music
- 0022 Grimes winter hiring
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Promotion
Prohibition
6 It is prohibited for a person to promote a fossil fuel, a fossil fuel-related brand element or the production of a fossil fuel except as authorized by the provisions of this Act or of the regulations.
False promotion
7 (1) It is prohibited for a person to promote a fossil fuel or the production of a fossil fuel in a manner that is false, misleading or deceptive with respect to or that is likely to create an erroneous impression about the characteristics, health or environmental effects or health or environmental hazards of the fossil fuel, its production or the emissions that result from its production or use.
Considerations
(2) The general impression conveyed by a promotion and the literal meaning of any statement contained in a promotion are to be taken into account in determining whether a promotion is made in such a manner.
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- 0064 Estevan OTS0064 Estevan OTS
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- 0053 Kingston Midstream Westspur Alameda Click Before You Dig large text0053 Kingston Midstream Westspur Alameda Click Before You Dig large text
- 0052 Predator Inspections0052 Predator Inspections
- 0051 JML Hiring Pumpjack assembly0051 JML Hiring Pumpjack assembly
- 0049 Scotsburn Dental soft guitar0049 Scotsburn Dental soft guitar
- 0046 City of Estevan This is Estevan0046 City of Estevan This is Estevan
- 0041 DEEP Since 2018 now we are going to build0041 DEEP Since 2018 now we are going to build
- 0032 IWS Summer hiring rock trailer music
- 0022 Grimes winter hiring
- 0021 OSY Rentals S8 Promo
- 0018 IWS Hiring Royal Summer
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- 0013 Panther Drilling PO ad 03 top drive rigs
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Manner of promotion and prohibited elements
8 It is prohibited for a person to promote a fossil fuel or the production of a fossil fuel
-
(a) in a manner that states or suggests that the fossil fuel, its production or its emissions are less harmful than other fossil fuels, their production or their emissions;
-
(b) in a manner that states or suggests that a fossil fuel or the practices of a producer or of the fossil fuel industry would lead to positive outcomes in relation to the environment, the health of Canadians, reconciliation with Indigenous peoples or the Canadian or global economy; or
-
(c) by using terms, expressions, logos, symbols or illustrations that are prohibited by the regulations.
Sales promotions
9 (1) It is prohibited for a producer or retailer to
-
(a) provide or offer to provide any consideration for the purchase of a fossil fuel, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or
-
(b) furnish or offer to furnish a fossil fuel without monetary consideration or in consideration of the purchase of a product or service or the performance of a service.
Definition of furnish
(2) In this section, furnish means to sell, lend, assign, give or send, with or without consideration, or to barter or deposit with another person for the performance of a service.
Point of sale signs
10 Subject to the regulations, a retailer may post signs at the point of sale that indicate the availability of fossil fuels and their price.
Communication media
11 (1) It is prohibited for a person to, on behalf of another person, with or without consideration, publish, broadcast or otherwise disseminate any promotion that is prohibited by this Act.
Exception
(2) Subsection (1) does not apply to the distribution for sale of an imported publication or the retransmission of radio or television broadcasts that originate outside Canada.
Foreign media
(3) It is prohibited for any person in Canada by means of a publication that is published outside Canada, a broadcast that originates outside Canada or any other communication, to promote a fossil fuel or its production or disseminate promotional material that contains a fossil fuel-related brand element in a manner that is contrary to this Act.
Report to Minister
12 (1) Every producer must submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any promotion referred to in this Act.
Supplementary information
(2) The Minister may, subject to the regulations, request supplementary information relating to the information referred to in subsection (1), and every producer must submit the requested information in the form and manner and within the time specified by the Minister.
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- 0068 Sask Oil Show 2024 booth0068 Sask Oil Show 2024 booth
- 0067 PFM SaskWorks Payroll Investment Plan 0067 PFM SaskWorks Payroll Investment Plan
- 0066 WBPC Promo video 30 seconds0066 WBPC Promo video 30 seconds
- 0065 Anova Resources field operator Oxbow0065 Anova Resources field operator Oxbow
- 0064 Estevan OTS0064 Estevan OTS
- 0063 Turnbull Excavating hiring crusher 0063 Turnbull Excavating hiring crusher
- 0062 TED_EPAC_Technology_300062 TED_EPAC_Technology_30
- 0061 SIMSA 2024 For Sask Buy Sask0061 SIMSA 2024 For Sask Buy Sask
- 0060 Arizona Lithium Lease building0060 Arizona Lithium Lease building
- 0059 Southeast College Heavy Equipment Operator0059 Southeast College Heavy Equipment Operator
- 0058 Royal Helium Steveville opens anonymous rocket0058 Royal Helium Steveville opens anonymous rocket
- 0055 Smart Power Be Smart with your Power office0055 Smart Power Be Smart with your Power office
- 0053 Kingston Midstream Westspur Alameda Click Before You Dig large text0053 Kingston Midstream Westspur Alameda Click Before You Dig large text
- 0052 Predator Inspections0052 Predator Inspections
- 0051 JML Hiring Pumpjack assembly0051 JML Hiring Pumpjack assembly
- 0049 Scotsburn Dental soft guitar0049 Scotsburn Dental soft guitar
- 0046 City of Estevan This is Estevan0046 City of Estevan This is Estevan
- 0041 DEEP Since 2018 now we are going to build0041 DEEP Since 2018 now we are going to build
- 0032 IWS Summer hiring rock trailer music
- 0022 Grimes winter hiring
- 0021 OSY Rentals S8 Promo
- 0018 IWS Hiring Royal Summer
- 0015 Latus Viro0015 Latus Viro
- 0013 Panther Drilling PO ad 03 top drive rigs
- 0011
- 0006 JK Junior
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- 9001
Regulations
Regulations
13 The Governor in Council may make regulations
-
(a) respecting the promotion of fossil fuels, the use and promotion of fossil fuel-related brand elements, including the form, manner and conditions of the promotion;
-
(b) authorizing the promotion of a fossil fuel, a fossil fuel-related brand element, the production of a fossil fuel or the name of a producer or retailer in promotional material or in the context of a sponsorship, for the purpose of supporting cultural or community events or cultural or community activities, including sporting events;
-
(c) for the purposes of paragraph 8(c), prohibiting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health or environmental effects or health or environmental hazards of fossil fuels or their emissions;
-
(d) respecting signs that a retailer may post under section 10, including the placement of the signs and their number, size and content;
-
(e) respecting the information to be submitted under subsection 12(1) and the submission of that information;
-
(f) respecting requests for supplementary information under subsection 12(2);
-
(g) prescribing anything that by this Act is to be prescribed; and
-
(h) generally for carrying out the purposes of this Act.
Miscellaneous Provisions
Trademarks
14 (1) Despite the Trademarks Act, the registration of a trademark is not invalid under paragraph 18(1)(b) or (c) of that Act as a result of compliance with this Act.
For greater certainty
(2) For greater certainty, the absence of use of a trademark as a result of compliance with this Act constitutes, under subsection 45(3) of the Trademarks Act, special circumstances that excuse the absence of use.
Offences and Punishment
Product and promotion offences — producer
15 (1) Every producer who contravenes section 6 is guilty of an offence and liable
-
(a) on conviction on indictment to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years, or to both; or
-
(b) on summary conviction to a fine of not more than $500,000 or to imprisonment for a term not exceeding one year, or to both.
Promotion offences — other persons
(2) Every person, other than a producer, who contravenes section 6 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000.
False promotion
16 (1) Every producer who contravenes subsection 7(1) is guilty of an offence and liable
-
(a) on conviction on indictment to a fine not exceeding $1,500,000 or to imprisonment for a term not exceeding two years, or to both; or
-
(b) on summary conviction to a fine not exceeding $750,000 or to imprisonment for a term not exceeding one year, or to both.
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False promotion offences — other persons
(2) Every person, other than a producer, who contravenes section 7(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $750,000.
Summary offence
17 Every person who contravenes subsection 11(1) or (3) or 12(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.
Offence by retailer
18 (1) Every retailer who contravenes subsection 9(1) is guilty of an offence and liable on summary conviction
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(a) for a first offence, to a fine not exceeding $3,000; and
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(b) for a subsequent offence, to a fine not exceeding $50,000.
Offence by producer
(2) Every producer who contravenes subsection 9(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years less a day, or to both.
General offence
19 Every person who contravenes section 8 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years less a day, or to both.
Due diligence defence
20 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent the commission of the offence.
Continuing offence
21 A person who commits or continues an offence under this Act on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
Offence by director or officer of corporation
22 If a corporation commits an offence under this Act, any director or officer of the corporation who authorized or acquiesced in the offence is guilty of an offence and liable on conviction to the penalty provided for by this Act in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted.
Limitation period
23 No summary conviction proceedings in respect of an offence under this Act may be commenced after the expiry of two years after the day on which the subject-matter of the proceedings arose.
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Agreements
Equivalency agreements
24 (1) The Minister may enter into an equivalency agreement with a province where there are in force, by or under the laws of that province, provisions that are equivalent to the provisions of this Act.
Order
(2) The Governor in Council may, on the recommendation of the Minister, by order, declare that certain provisions of this Act or the regulations, other than those creating an absolute prohibition, do not apply in a province in which an equivalency agreement is in force.
Table in Parliament
(3) A copy of an equivalency agreement in respect of which an order is made under subsection (2) must be tabled in each House of Parliament within the first 15 sitting days of that House after the order is made.
Review of the Act
Review of the Act
25 (1) The Minister must, within three years after the day on which this section comes into force and every two years after that, undertake a review of the provisions and operation of this Act.
Report to Parliament
(2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.
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