C-11 - Charter of the French language

Section 177 Disposition versions

2022-06-01

177. If the Office becomes aware of a failure to comply with this Act or a regulation, the Office may order the author of the failure either to comply with it or to cease contravening it, within the time the Office specifies.

An order concerning a failure to comply with section 51, 51.1, 52.1 or 54 may be issued against anyone who distributes, sells retail, leases, offers for sale or for lease or otherwise markets, for consideration or free of charge, or holds for such purposes,

(1)  a product, if the inscriptions on the product, on its container or wrapping, or on a document or object supplied with it, including the directions for use and the warranty certificates, are non-compliant; or

(2)  computer software, including game software and operating systems, or a game or toy that is non-compliant.

The same applies to any operator of an establishment where menus or wine lists that do not comply with the provisions of section 51 are presented to the public.

If the Office becomes aware of a failure referred to in the second paragraph in relation to a good made available in Québec through an enterprise that, by a technological means, enables a contract for obtaining the good to be entered into and the payment agreed on to be made, in a situation where the distributor, seller, lessor, offeror or holder of the good does not have an establishment in Québec, the Office may order the operator of the enterprise to cease, within the time specified by the Office, to allow any person situated in Québec to enter into a contract with regard to the good.

The interested person against whom an order may be issued under the second, third or fourth paragraph is considered to be the author of the failure for the purposes of the sixth paragraph and of sections 165.17, 165.20, 178 and 179.

Before issuing an order under this section and where section 5 of the Act respecting administrative justice (chapter J-3) applies, the Office shall notify in writing a prior notice of at least 15 days to the author of the failure to comply, stating which provisions of this Act the author of the failure has allegedly failed to comply with, the other reasons that appear to justify the order, the date on which the order is to take effect and the possibility for the author of the failure to submit observations.

1977, c. 5, s. 177; 1993, c. 40, s. 54; 1997, c. 24, s. 17; 2002, c. 28, s. 33; 2005, c. 34, s. 85; 2010, c. 23, s. 8; 2022, c. 14, s. 116.

2010-10-19

177. Where the Office is of the opinion that this Charter or a regulation thereunder has been contravened, it shall give the alleged offender formal notice to comply therewith within the time indicated. If the alleged offender fails to comply, the Office shall refer the matter to the Director of Criminal and Penal Prosecutions so that he may, where required, institute appropriate penal proceedings.

In the case of a contravention of section 78.1, 78.2, 78.3 or 176, the Office shall refer the matter directly to the Director of Criminal and Penal Prosecutions, without giving prior formal notice.

1977, c. 5, s. 177; 1993, c. 40, s. 54; 1997, c. 24, s. 17; 2002, c. 28, s. 33; 2005, c. 34, s. 85; 2010, c. 23, s. 8.

2007-03-15

177. Where the Office is of the opinion that this Charter or a regulation thereunder has been contravened, it shall give the alleged offender formal notice to comply therewith within the time indicated. If the alleged offender fails to comply, the Office shall refer the matter to the Director of Criminal and Penal Prosecutions so that he may, where required, institute appropriate penal proceedings.

In the case of a contravention of section 78.1 or 176, the Office shall refer the matter directly to the Director of Criminal and Penal Prosecutions, without giving prior formal notice.

1977, c. 5, s. 177; 1993, c. 40, s. 54; 1997, c. 24, s. 17; 2002, c. 28, s. 33; 2005, c. 34, s. 85.

2002-10-01

177. Where the Office is of the opinion that this Charter or a regulation thereunder has been contravened, it shall give the alleged offender formal notice to comply therewith within the time indicated. If the alleged offender fails to comply, the Office shall refer the matter to the Attorney General so that he may, where required, institute appropriate penal proceedings.

In the case of a contravention of section 78.1 or 176, the Office shall refer the matter directly to the Attorney General, without giving prior formal notice.

1977, c. 5, s. 177; 1993, c. 40, s. 54; 1997, c. 24, s. 17; 2002, c. 28, s. 33.

1997-09-01

177. Where the Commission is of the opinion that this Charter or a regulation thereunder has been contravened, it shall give the alleged offender formal notice to comply therewith within the time indicated. If the alleged offender fails to comply, the Commission shall refer the matter to the Attorney General so that he may, where required, institute appropriate penal proceedings.

In the case of a contravention of section 78.1 or 176, the Commission shall refer the matter directly to the Attorney General, without giving prior formal notice.

1977, c. 5, s. 177; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

1993-12-22

177. (Repealed).

1977, c. 5, s. 177; 1993, c. 40, s. 54.

1977-12-31

177. The investigation commissioners may refuse to make an inquiry if, in their opinion,

(a)  the petitioner disposes of an appeal or of an appropriate recourse;

(b)  the ground for complaint will no longer exist at the time the inquiry is to begin;

(c)  the circumstances do not justify it.

1977, c. 5, s. 177.