OFFENCE AND PUNISHMENT
Marginal note:Indictable or summary conviction offences
33. (1) Every person who contravenes any provision of this Act or the regulations
(a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or
(b) is guilty of an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.
Marginal note:Time limit
(2) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the Minister became aware of the subject-matter of the proceedings.
Marginal note:Minister’s certificate
(3) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as conclusive proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.
- R.S., 1985, c. 20 (4th Supp.), s. 33;
- 1995, c. 40, s. 43.
Marginal note:Ticket offences
34. (1) The Governor in Council may make regulations designating the contravention of any provision of this Act or the regulations as an offence with respect to which
(a) notwithstanding the provisions of the Criminal Code, an inspector may issue and serve a summons by completing a ticket in the prescribed form, signing it and delivering it to the accused; or
(b) the summons may be served by mailing it to the accused at the latest known address of the accused.
Marginal note:Failure to respond to ticket
(2) Where a person is served with a ticket and does not enter a plea within the prescribed time, a justice shall examine the ticket and
(a) if the ticket is complete and regular on its face, the justice shall enter a conviction in the person’s absence and impose a fine of the prescribed amount; or
(b) if the ticket is not complete and regular on its face, the justice shall quash the proceedings.
(3) The Governor in Council may make regulations for the purposes of applying this section, including regulations prescribing the amount of the fine for any offence and establishing a procedure for entering a plea of guilty and paying the fine.
Marginal note:Repeated offences
(4) The amount of the fine for an offence may be prescribed to be higher with respect to persons who are convicted of the offence for a second or further time.
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