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Marginal note:Liability of officers, directors, agents or mandataries

40 If a corporation commits an offence under this Act, any officer, director, 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 to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

Marginal note:Debts to Her Majesty

• 36 (1) A penalty imposed under this Act and an amount referred to in subsection 27(4) each constitute a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction.

Marginal note:Issuance and service

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• (3) The amount of a proposed penalty is, in each case, to be determined taking into account the following matters:

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  • (c) the person’s history of prior violations or convictions under this Act during the five-year period immediately before the violation;

Marginal note:Designation of enforcement officers

• 24 (1) The Minister may designate as enforcement officers for the purposes of this Act persons or classes of persons that the Minister considers qualified.

Marginal note:Minister

• 21 (1) The Minister

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  • (c) may delegate to any officer or class of officers — or, with the consent of the Minister of National Defence, a member or class of members of the Canadian Forces — the exercise of any other powers of the Minister under this Act.

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