Marginal note:Duty to assist Minister

40. The owner or person who is in possession or control of a place that is entered or inspected under subsection 39(1), and every person who is found in the place, shall

• (a) give the Minister or a person designated by the Minister all reasonable assistance to enable them to carry out the inspection and exercise any power conferred on them by that subsection; and

• (b) provide the Minister or a person designated by the Minister with any information relevant to the administration of this Act or the regulations, orders, directions or notices made under this Act that they may reasonably require.

Marginal note:Injunction

• 41. (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person named in the application

  • (a) to refrain from doing any act or thing that, in the opinion of the court, may constitute or be directed toward the commission of the offence; or

  • (b) to do any act or thing that, in the opinion of the court, may prevent the commission of the offence.

• Marginal note:Notice

  (2) No injunction may be issued under subsection (1) unless 48 hours notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Marginal note:Offence

• 42. (1) Every person who contravenes a provision of this Act or any regulation or order made under it for which no other offence is specified in this Act is guilty of an offence and is liable on summary conviction

  • (a) in the case of an individual, to a fine not exceeding $5,000; and

  • (b) in the case of a corporation, to a fine not exceeding $25,000.

• Marginal note:Continuing offence

  (2) If the offence is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• Marginal note:Officers, etc., of corporations

  (3) If the offence is committed by a corporation, any officer, director or 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 on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Marginal note:Regulations

43. The Minister may, by regulation,

• (a) designate as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 45 to 55

  • (i) any provision of this Act or any regulation made under this Act,

  • (ii) any order made under section 9, 13, 15.1 or 26, or

  • (iii) any directive made under section 17 or 18; and

• (b) prescribe the maximum amount payable for each violation, but the amount shall not exceed $5,000, in the case of an individual, and $25,000, in the case of a corporation.