Marginal note:Liability of officers and directors
78. If a person or an entity commits an offence under this Act, any officer, director or agent of the person or entity who directed, authorized, assented to, acquiesced in or participated in its commission is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the person or entity has been prosecuted or convicted.
Marginal note:Offence by employee, agent or mandatary
79. In a prosecution for an offence under section 75, 77 or 77.1,
(a) it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence; and
(b) no person shall be found guilty of the offence if they establish that they exercised due diligence to prevent its commission.
- 2000, c. 17, s. 79;
- 2006, c. 12, s. 43.
80. A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under any of sections 74 to 77 if the peace officer or person does any of the things mentioned in those sections for the purpose of investigating a money laundering offence or a terrorist activity financing offence.
- 2000, c. 17, s. 80;
- 2001, c. 41, s. 75.
Marginal note:Time limitation
81. Proceedings under paragraph 74(a), 75(1)(a) or 76(a), subsection 77(1) or paragraph 77.1(a) may be instituted within, but not after, five years after the time when the subject-matter of the proceedings arose.
- 2000, c. 17, s. 81;
- 2006, c. 12, s. 44.
82. A complaint or 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 the court although the subject-matter of the complaint or information did not arise in that territorial jurisdiction.
TRANSITIONAL PROVISION, CONSEQUENTIAL AND CONDITIONAL AMENDMENTS, REPEAL AND COMING INTO FORCE
Marginal note:Regulations remain in effect
Footnote *83. Every regulation made under the Proceeds of Crime (money laundering) Act, chapter 26 of the Statutes of Canada, 1991, that is in force immediately before the coming into force of this Act shall be deemed to have been made under this Act and shall remain in force until it is repealed or amended pursuant to this Act.
Return to footnote *[Note: Section 73 in force July 5, 2000, see SI/2000-55.]
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