Marginal note:Officers, etc., of corporations

42. If a corporation commits an offence under this Act, any officer or director 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 is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Marginal note:Applicant for Certificate for non-resident

43. If a Canadian Certificate is issued to a person who has applied for it for, on behalf of or for the use of another person who is not a resident of Canada and that other person commits an offence under this Act, the person who applied for the certificate is, whether or not the non-resident person has been prosecuted or convicted, guilty of the like offence and liable, on conviction, to the punishment provided for the offence, on proof that the act or omission constituting the offence took place with the knowledge or consent of the person who applied for the certificate or that the person who applied for it failed to exercise due diligence to prevent the commission of the offence.

Marginal note:Venue

44. Any proceeding in respect of an offence under this Act may be instituted, tried or determined in the province where the offence was committed or in the province in which the person charged with the offence is, resides or has an office or place of business at the time the proceedings are instituted.

Marginal note:Evidence

• 45. (1) The original or a copy of a bill of lading, customs form, commercial invoice or other document, in this section called a “shipping document”, is admissible in evidence in any prosecution under this Act in respect of rough diamonds if it appears from the shipping document that

  • (a) the rough diamonds were sent or shipped from Canada or came into Canada;

  • (b) a person, as shipper, consignor or consignee, sent or shipped the rough diamonds from Canada or brought the rough diamonds into Canada; or

  • (c) the rough diamonds were sent or shipped to a particular destination or person.

• Marginal note:Proof of the facts

  (2) In the absence of evidence to the contrary, a shipping document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c).

Marginal note:Review

• 45.1 (1) Three years after its coming into force, the Minister shall cause a review of the provisions and operation of this Act to be undertaken.

• Marginal note:Report

  (2) The Minister shall, within six months after causing a review to be undertaken pursuant to subsection (1), submit a report on the review to Parliament. If Parliament is not then sitting, the Minister shall submit the report to Parliament within the first 15 sitting days thereafter.

COMING INTO FORCE

Marginal note:Coming into force

46. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.