Marginal note:Contravention of sections 3 to 5

• 12. (1) Every dealer who contravenes section 3, 4 or 5 is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding five thousand dollars; or

  • (b) on conviction on indictment, to a fine not exceeding ten thousand dollars.

• Marginal note:Contravention of other provisions, or regulations

  (2) Every person who contravenes any provision of this Act, other than section 3, 4 or 5, or of the regulations is guilty of an offence and liable,

  • (a) on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both; or

  • (b) on conviction on indictment, to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding one year or to both.

Marginal note:Offence by employee or agent or mandatary

• 13. (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) Proceedings by way of summary conviction under this Act may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose.

• 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.

Marginal note:Certificate of analyst

• 14. (1) Subject to this section, a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined an article or a product or substance and stating the result of the analysis or examination is, in any prosecution for an offence under this Act, evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Attendance of analyst

  (2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

• Marginal note:Notice

  (3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of the intention together with a copy of the certificate.