Marginal note:Liability of officers, directors, agents or mandataries

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

Marginal note:Offences by employees, agents or mandataries

41. 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, an agent or a mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence.

Marginal note:Due diligence

• 42. (1) Due diligence is a defence in a prosecution for an offence under this Act.

• Marginal note:Section 126 of Criminal Code

  (2) No person shall be prosecuted under section 126 of the Criminal Code for a contravention of subsection 9(2).

Marginal note:Continuing offence

43. A contravention of this Act that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Limitation period

44. Any proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose.

Marginal note:Injunctions

45. If a court of competent jurisdiction — including the Federal Court — is satisfied, on application by the Minister, that a contravention of section 5 is being or is likely to be committed, the court may grant an injunction, subject to any conditions that the court considers appropriate, ordering any person to cease or refrain from any activity related to that contravention, or ordering the person to take any measure that a licensee could, under this Act, be required to take.

REVIEW AND REPORT

Marginal note:Independent review

• 45.1 (1) The Minister shall cause an independent review of the provisions and operation of this Act to be conducted from time to time in order to assess, in particular, its impact on technological development and on the implementation of international agreements and treaties.

• Marginal note:Report by Minister

  (2) The Minister shall cause the report on a review conducted under subsection (1) to be laid before each House of Parliament within five years after the coming into force of this Act, and within every five-year period after the tabling of a report under this subsection.

COORDINATING AMENDMENT

Marginal note:Bill C-6

46. If Bill C-6, introduced in the 1st Session of the 38th Parliament and entitled the Department of Public Safety and Emergency Preparedness Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 2 of the other Act and the coming into force of subsection 15(3) of this Act,

• (a) the expression “Solicitor General of Canada” in subsections 15(3) and 21(3) of this Act is replaced by the expression “Minister of Public Safety and Emergency Preparedness”; and

• (b) the expression “Deputy Solicitor General of Canada” in subsection 21(3) of this Act is replaced by the expression “Deputy Minister of Public Safety and Emergency Preparedness”.

COMING INTO FORCE

Marginal note:Order in council

47. This Act, other than section 46, comes into force on a day to be fixed by order of the Governor in Council.