Canada Labour Code

Marginal note:Minister’s consent required

• 149 (1) No proceeding in respect of an offence under this Part may be instituted except with the consent of the Minister or a person designated by the Minister.

• Marginal note:Officers and senior officials, etc.

  (2) If a corporation or a department or other portion of the public service of Canada to which this Part applies commits an offence under this Part, any of the following persons 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, department or portion of the public service has been prosecuted or convicted:

  • (a) any officer, director, agent or mandatary of the corporation;

  • (b) any senior official in the department or portion of the public service; or

  • (c) any other person exercising managerial or supervisory functions in that corporation, department or portion of the public service.

• Marginal note:Evidence of direction

  (3) On any prosecution for an offence under this Part, a copy of a direction purporting to have been made under this Part and purporting to have been signed by the person authorized under this Part to make the direction is evidence of the direction without proof of the signature or authority of the person by whom it purports to be signed.

• Marginal note:Limitation period

  (4) Proceedings in respect of an offence under this Part may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose.