Marginal note:Publication and opportunity for representations

19. A copy of each regulation or amendment to a regulation that the Governor in Council proposes to make under section 11 or 18 shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to consumers, dealers and other interested persons to make representations with respect thereto.

Marginal note:Contraventions of sections 4 to 9

• 20. (1) Subject to subsection (2.1), every dealer who contravenes any of sections 4 to 9 is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding $5,000; or

  • (b) on conviction on indictment, to a fine not exceeding $10,000.

• Marginal note:Contravention of other provisions or regulations

  (2) Subject to subsection (2.1), every person who contravenes any provision of this Act, other than any of sections 4 to 9, or any regulation made under paragraph 18(1)(d), (e) or (h), is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months or to both; or

  • (b) on conviction on indictment, to a fine not exceeding $3,000 or to imprisonment for a term not exceeding one year or to both.

• Marginal note:Offences relating to food

  (2.1) Every person who contravenes a provision referred to in subsection (1) or (2) as that provision relates to food, as defined in section 2 of the Food and Drugs Act, is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or

  • (b) on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years or to both.

• Marginal note:Criminal liability of officers, etc., of corporations

  (3) If a corporation commits an offence under this Act, 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:Offence by employee or agent or mandatary

• 21. (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

• Marginal note:Limitation period

  (2) Any proceedings by way of summary conviction for an offence referred to in subsection 20(1) or (2) may be instituted within but not later than twelve months after the time when the subject-matter of the proceedings arose.

• Marginal note:Limitation period for offences respecting food

  (2.1) Any proceedings by way of summary conviction for an offence referred to in subsection 20(2.1) may be instituted within two years after the time when the subject-matter of the proceedings becomes known to the Minister.

• Marginal note:Minister’s certificate

  (2.2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.

• Marginal note:Venue

  (3) A complaint or an information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.