Marginal note:Offences
38 (1) Every person who wilfully and without lawful excuse fails to comply with
(a) a term or condition of a certificate of public convenience and necessity declared to be issued by subsection 21(1),
(b) an order issued by the Board or the designated officer in relation to such a certificate, or
(c) any other provision of this Act,
is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.
Marginal note:Officers, etc., of companies
(2) Where a company commits an offence under this Act, any officer, director or agent of the company 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 company has been prosecuted or convicted.
Marginal note:Continuing offence
(3) Where an offence under this Act is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.
Marginal note:Limitation
(4) Proceedings in respect of an offence under this Act may be instituted at any time within one year of the time the subject-matter of the proceedings arose.
Marginal note:Consent of Attorney General of Canada
(5) Proceedings in respect of an offence under this Act may not be instituted without the consent of the Attorney General of Canada.
- 1977-78, c. 20, s. 43
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