Marginal note:Contravention of Act or regulations
9 (1) Every person who, or whose employee or agent, contravenes any provision of this Act or any regulation made under paragraph 4(1)(e) or (h.1) is guilty of
(a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or
(b) an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.
Marginal note:Contravention of other regulations
(2) Every person who, or whose employee or agent, contravenes or fails to comply with any regulation, other than a regulation made under paragraph 4(1)(e) or (h.1), is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
Marginal note:Imprisonment precluded in certain cases
(3) Where a person is convicted of an offence under subsection (2), imprisonment shall not be imposed in default of payment of the fine imposed as punishment.
Marginal note:Recovery of fines
(4) Where a person is convicted of an offence under subsection (2) and a fine imposed as punishment is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.
Marginal note:Offence by agent or by employee
(5) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that the accused exercised all due diligence to prevent its commission.
- R.S., 1985, c. S-8, s. 9
- R.S., 1985, c. 49 (1st Supp.), s. 5
- 1995, c. 40, s. 88
- Date modified: