An Act to amend the Criminal Code (criminal liability of organizations) (S.C. 2003, c. 21)
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Assented to 2003-11-07
R.S., c. C-46CRIMINAL CODE
Marginal note:1999, c. 5, s. 33(1)
19. The portion of subsection 734(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Power of court to impose fine
734. (1) Subject to subsection (2), a court that convicts a person, other than an organization, of an offence may fine the offender by making an order under section 734.1
Marginal note:1995, c. 22, s. 6
20. (1) The portion of subsection 735(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Fines on organizations
735. (1) An organization that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as punishment for that offence, to be fined in an amount, except where otherwise provided by law,
Marginal note:1995, c. 22, s. 6
(2) Paragraph 735(1)(b) of the Act is replaced by the following:
(b) not exceeding one hundred thousand dollars, where the offence is a summary conviction offence.
Marginal note:1999, c. 5, s. 37
(3) Subsection 735(2) of the Act is replaced by the following:
Marginal note:Effect of filing order
(2) Section 734.6 applies, with any modifications that are required, when an organization fails to pay the fine in accordance with the terms of the order.
21. Subsection 800(3) of the Act is replaced by the following:
Marginal note:Appearance by organization
(3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial.
COORDINATING AMENDMENT
Marginal note:2002, c. 13
22. On the later of the coming into force of section 9 of this Act and section 34 of the Criminal Law Amendment Act, 2001, section 556 of the Criminal Code is replaced by the following:
Marginal note:Organization
556. (1) An accused organization shall appear by counsel or agent.
Marginal note:Non-appearance
(2) Where an accused organization does not appear pursuant to a summons and service of the summons on the organization is proved, the provincial court judge or, in Nunavut, the judge of the Nunavut Court of Justice
(a) may, if the charge is one over which the judge has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused organization; and
(b) shall, if the charge is not one over which the judge has absolute jurisdiction, fix the date for the trial or the date on which the accused organization must appear in the trial court to have that date fixed.
Marginal note:Preliminary inquiry not requested
(3) If an accused organization appears and a preliminary inquiry is not requested under subsection 536(4), the provincial court judge shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.
Marginal note:Preliminary inquiry not requested — Nunavut
(4) If an accused organization appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.
COMING INTO FORCE
Marginal note:Order
23. The provisions of this Act, other than section 22, come into force on a day or days to be fixed by order of the Governor in Council.
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