Bill C-441
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
OFFENCES AND PUNISHMENT |
|
Contraven- tions
|
80. (1) Every person who contravenes
section 33 or 34 or any prescribed provision of
a regulation or an emergency order
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A regulation or emergency order may
prescribe which of its provisions may give rise
to an offence.
|
|
Subsequent
offence
|
(2) If a person is convicted of an offence a
second or subsequent time, the amount of the
fine for the subsequent offence may, despite
subsection (1), be double the amount set out in
that subsection.
|
|
Continuing
offence
|
(3) A person who commits or continues an
offence on more than one day is liable to be
convicted for a separate offence for each day
on which the offence is committed or
continued.
|
|
Fines
cumulative
|
(4) A fine imposed for an offence involving
more than one animal, plant or other organism
may be calculated in respect of each one as
though it had been the subject of a separate
information and the fine then imposed is the
total of that calculation.
|
|
Additional
fine
|
(5) If a person is convicted of an offence and
the court is satisfied that monetary benefits
accrued to the person as a result of the
commission of the offence,
|
|
|
|
|
|
|
|
Officers, etc.,
of
corporations
|
81. If a corporation commits an offence, any
officer, director or agent of the corporation
who directed, authorized, assented to, or
acquiesced 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.
|
|
Offences by
employees or
agents
|
82. In any prosecution for an offence, it is
sufficient proof of the offence to establish that
it was committed by an employee or agent of
the accused, whether or not the employee or
agent is identified or has been prosecuted for
the offence.
|
|
Defence of
due diligence
|
83. No person may be found guilty of an
offence if the person establishes that they
exercised all due diligence to prevent its
commission.
|
|
Venue
|
84. A prosecution for an offence may be
instituted, heard and determined in the place
where
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Forfeiture
|
85. (1) If a person is convicted of an offence,
the convicting court may, in addition to any
punishment imposed, order that any seized
thing by means of or in relation to which the
offence was committed, or any proceeds of its
disposition, be forfeited to Her Majesty.
|
|
Return if no
forfeiture
ordered
|
(2) If the convicting court does not order the
forfeiture, the seized thing, or the proceeds of
its disposition, must be returned to its lawful
owner or the person lawfully entitled to it.
|
|
Retention or
sale
|
86. If a fine is imposed on a person
convicted of an offence, any seized thing, or
any proceeds of its disposition, may be
retained until the fine is paid or the thing may
be sold in satisfaction of the fine and the
proceeds applied, in whole or in part, in
payment of the fine.
|
|
Orders of
court
|
87. If a person is convicted of an offence,
the court may, in addition to any punishment
imposed and having regard to the nature of the
offence and the circumstances surrounding its
commission, make an order containing one or
more of the following prohibitions, directions
or requirements:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Suspended
sentence
|
88. (1) If a person is convicted of an offence
and the court suspends the passing of the
sentence under paragraph 731(1)(a) of the
Criminal Code, the court may, in addition to
any probation order made under that Act,
make an order containing one or more of the
prohibitions, directions or requirements
mentioned in section 87.
|
|
Imposition of
sentence
|
(2) If the person does not comply with the
order or is convicted of another offence,
within three years after the order is made, the
court may, on the application of the
prosecution, impose any sentence that could
have been imposed if the passing of sentence
had not been suspended.
|
|
Limitation
period
|
89. (1) Proceedings by way of summary
conviction in respect of an offence may be
commenced at any time within, but not later
than, two years after the day on which the
subject matter of the proceedings became
known to the responsible minister.
|
|
Responsible
minister's
certificate
|
(2) A document appearing to have been
issued by the responsible minister, certifying
the day on which the subject matter of any
proceedings became known to the responsible
minister, is admissible in evidence without
proof of the signature or official character of
the person appearing to have signed the
document and is proof of the matter asserted
in it.
|
|
References to
the
responsible
minister
|
(3) A reference to the responsible minister
in this section includes a provincial minister if
|
|
|
|
|
|
|
|
|
ALTERNATIVE MEASURES |
|
When
alternative
measures may
be used
|
90. (1) Alternative measures may be used to
deal with a person alleged to have committed
an offence, but only if it is not inconsistent
with the purposes of this Act to do so and the
following conditions are met:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Restriction on
use
|
(2) Alternative measures must not be used
to deal with a person who
|
|
|
|
|
|
|
|
Admissions
not admissible
in evidence
|
(3) No admission, confession or statement
accepting responsibility for a given act or
omission made by a person as a condition of
being dealt with by alternative measures is
admissible in evidence against the person in
any civil or criminal proceedings.
|
|
Dismissal of
charge
|
(4) A court must dismiss a charge laid
against a person in respect of an offence if
alternative measures have been used to deal
with the person in respect of the alleged
offence and
|
|
|
|
|
|
|
|
No bar to
proceedings
|
(5) The use of alternative measures to deal
with a person is not a bar to proceedings
against them under this Act.
|
|
Laying of
information,
etc.
|
(6) This section does not prevent any person
from laying an information, obtaining the
issue or confirmation of any process, or
proceeding with the prosecution of any
offence, in accordance with law.
|
|
Terms and
conditions in
agreement
|
91. (1) An alternative measures agreement
may contain any terms and conditions,
including, but not limited to,
|
|
|
|
|
|
|
|
Supervision
of compliance
|
(2) Any governmental or
non-governmental organization may
supervise compliance with the agreement.
|
|
Duration of
agreement
|
92. An alternative measures agreement
comes into effect on the day on which it is
concluded or on any later day that is specified
in the agreement and continues in effect for a
period of not more than three years specified
in the agreement.
|
|
Filing in court
for the
purpose of
public access
|
93. (1) The Attorney General must consult
with the responsible minister before
concluding an alternative measures
agreement and, subject to subsection (5), must
have the agreement filed with the court in
which the information was laid within thirty
days after the agreement is concluded. The
agreement is to be filed as part of the court
record of the proceedings to which the public
has access.
|
|
Reports
|
(2) A report relating to the administration of
and compliance with the agreement must be
filed with the same court immediately after all
the terms and conditions of the agreement
have been complied with or the charges in
respect of which the agreement was entered
into have been dismissed.
|
|
Third party
information
|
(3) Subject to subsection (4), if any of the
following information is to be part of the
agreement or the report, it must be set out in
a schedule to the agreement or to the report:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Agreement on
information to
be in the
Schedule
|
(4) The parties to the agreement must agree
on which information that is to be part of the
agreement or the report is information that
meets the requirements of paragraphs (3)(a) to
(d).
|
|
How the
Schedule is to
be kept secret
|
(5) The Schedule is confidential and must
not be filed with the court.
|
|
Prohibition of
disclosure
|
(6) The responsible minister must not
disclose any information set out in a schedule
to the agreement or to the report, except as
authorized by section 98 or the Access to
Information Act.
|
|
Filing in
public registry
|
94. The following documents must be
included in the public registry:
|
|
|
|
|
|
|
|
Stay of
proceedings
|
95. (1) Despite section 579 of the Criminal
Code, the Attorney General must, on filing an
alternative measures agreement, stay the
proceedings in respect of the alleged offence,
or apply to the court for an adjournment of the
proceedings, for a period of not more than one
year after the expiry of the agreement.
|
|
Recommen- cement of proceedings
|
(2) Proceedings stayed under subsection (1)
may be recommenced without laying a new
information or preferring a new indictment, as
the case may be, by the Attorney General
giving notice of the recommencement to the
clerk of the court in which the stay of the
proceedings was entered. If no such notice is
given within one year after the expiration of
the agreement, the proceedings are deemed
never to have been commenced.
|
|