(2) Where an accused organization does not appear pursuant to a summons and service of the summons on the organization is proved, the provincial court judge or, in Nunavut, the judge of the Nunavut Court of Justice
(a) may, if the charge is one over which the judge has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused organization; and
(b) shall, if the charge is not one over which the judge has absolute jurisdiction, hold a preliminary inquiry in accordance with Part XVIII in the absence of the accused organization.
Marginal note:Organization not electing
(3) If an accused organization appears but does not elect when put to an election under subsection 536(2) or 536.1(2), the provincial court judge or judge of the Nunavut Court of Justice shall hold a preliminary inquiry in accordance with Part XVIII.
- R.S., 1985, c. C-46, s. 556;
- R.S., 1985, c. 27 (1st Supp.), s. 107;
- 1999, c. 3, s. 40;
- 2003, c. 21, s. 9.
- Date modified: