Marginal note:Certificate of default
29. (1) The Commission may issue a certificate certifying the unpaid amount of any debt referred to in subsection 28(1).
Marginal note:Effect of registration
(2) Registration of a certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs.
Rules about Violations
Marginal note:For greater certainty
Marginal note:Directors, officers, etc., of corporations
31. An officer, director, agent or mandatary of a corporation that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against.
Marginal note:Vicarious liability
32. A person is liable for a violation that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary is identified or proceeded against.
33. (1) A person must not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation.
Marginal note:Common law principles
(2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is not inconsistent with this Act.
Marginal note:Questions of law and fact
34. (1) The Commission may decide any question of law or of fact in a proceeding under this Act.
Marginal note:Factual findings of court
(2) In deciding a question of fact, the Commission is not bound by the finding or judgment of a court. However, the finding or judgment of a court is admissible in proceedings of the Commission.
Marginal note:Pending proceedings
(3) The power of the Commission to decide a question of fact is not affected by proceedings pending before a court in which the question is in issue.
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