Marginal note:Failure to comply

68. Every person who fails to comply with an obligation imposed under subsection 15(3) or 25(1) or section 26 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Failure to comply

69. Every person who fails to comply with an obligation imposed under section 35, subsection 39(1) or 44(3) or section 51 is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Contravention

70. Every person who contravenes section 12 or 13, subsection 15(1) or section 65 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Contravention

71. Every person who contravenes subsection 6(2), 8(1) or 34(2) or (3), section 36 or 38, subsection 42(1), section 45 or 50, subsection 54(3), section 58 or 59 or subsection 73(2) or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Contravention

72. Every person who contravenes subsection 15(2) or section 66 is guilty of an offence and liable

• (a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both; or

• (b) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Officers, etc., of corporations

• 73. (1) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to, and guilty of, the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

• Marginal note:Duty to ensure compliance

  (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.

Marginal note:Offence by employee or agent or mandatary

74. 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 or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that

• (a) the offence was committed without the accused’s knowledge or consent; and

• (b) the accused exercised all due diligence to prevent its commission.