1998/99 Legislative Session: 3rd Session, 36th Parliament
THIRD READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
Part 15 -- Offences and Penalties
198 Sections 4 and 5 of the Offence Act do not apply to this Act or the regulations.
199 A person commits an offence who
(a) contravenes section 20 (1) or (2), 23 (3), 25, 26, 27, 58 (1) or (2), 66 (2), 78 (1), 79 (1), 83 (1), 87, 95 (1), 124 (1), 125 (1) or (2), 126 (1) or (2), 127 (1), 128 (1) or (2), 129, 135 (1), 136 (3), 138 (1), 139 (1), 141 (1), 178 or 209,
(b) contravenes a provision of the Company Act as it applies for the purposes of this Act, other than
(i) a Company Act provision for which that Act does not impose a penalty on contravention, or
(ii) section 291 (1) or 312 (2) of the Company Act,
(c) contravenes section 134 of this Act or section 291 (1) of the Company Act as it applies for the purposes of this Act, or
(d) contravenes section 180 (1) or (2) of this Act or section 312 (2) of the Company Act as it applies for the purposes of this Act.
200 (1) Subject to subsection (3), a person who, in a record, makes or assists in making a statement required or permitted to be made by or for the purposes of this Act or the regulations commits an offence if the statement
(a) at the time and in the light of the circumstances under which it is made, is false or misleading in respect of any material fact, or
(b) omits any material fact, the omission of which makes the statement false or misleading.
(2) If
(a) a corporation commits an offence under subsection (1), any director or officer of the corporation, or
(b) an association commits an offence under subsection (1), any general manager, any other officer or any director of the association
who knowingly authorized, permitted or acquiesced in the commission of the offence is a party to and guilty of the offence, and is liable on summary conviction to a fine not exceeding $5 000 or to imprisonment for a term not exceeding 6 months or to both, whether or not the corporation or the association, as the case may be, has been prosecuted or convicted.
(3) A person does not commit an offence under this section if that person
(a) did not know that the statement was false or misleading, and
(b) with the exercise of reasonable diligence, could not have known that the statement was false or misleading.
201 (1) A person who commits an offence under section 199 (a) or (b) or 200 (1) is liable
(a) in the case of a corporation, to a fine of not more than $5 000, or
(b) in the case of a person that is not a corporation, to a fine of not more than $2 000.
(2) A person who commits an offence under section 199 (c) is liable
(a) in the case of a corporation,
(i) on a first conviction, to a fine of not more than $10 000, and
(ii) on each subsequent conviction, to a fine of not more than $25 000, or
(b) in the case of a person who is not a corporation,
(i) on a first conviction, to a fine of not more than $5 000, and
(ii) on each subsequent conviction, to a fine of not more than $10 000.
(3) A person who commits an offence under section 199 (d) is liable to a fine in a prescribed amount for each day that the offence continues.
202 (1) A legal proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.
(2) Without limiting subsection (1), if a person is convicted of an offence under this Act, the court may, in addition to any penalty or punishment the court may impose for the offence, order the person to comply with the provisions of this Act.
203 (1) A legal proceeding for an offence under this Act or the regulations may not be commenced more than 3 years after the commission of the offence.
(2) An information may not be laid in respect of an offence if
(a) the offence is committed by the failure to file, or to file within a required period, a record with the registrar, and
(b) before the laying of the information, the appropriate filing is made.
(3) If conduct constitutes an offence under this Act because this Act adopts a provision of the Company Act, the limitation in subsection (1), not the limitation in the Company Act, applies.
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