Offences and Punishment (continued)
Marginal note:Punishment — general offence
34 Every person who contravenes any provision of this Act or the regulations for the contravention of which no liability for a punishment is otherwise provided by this Act is guilty of an offence and liable on summary conviction for a first offence under that provision to a fine not exceeding $10,000, and for a second or subsequent offence under that provision to a fine not exceeding $20,000.
- R.S., 1985, c. E-4, s. 34
- 2011, c. 3, s. 9
Marginal note:Extension of liability for offences
Marginal note:Officers, etc., of corporations
(2) If a contractor or corporation commits an offence under this Act, any officer, director or agent or mandatary of the contractor or 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 contractor or corporation has been prosecuted or convicted.
- R.S., 1985, c. E-4, s. 35
- 2011, c. 21, s. 125(E)
Marginal note:Due diligence defence
35.1 A person may not be convicted of an offence under this Act — other than for a contravention of any of paragraphs 30(b) to (e) or subsection 32(1) — if they establish that they exercised due diligence to prevent the commission of the offence.
- 2011, c. 3, s. 10
Marginal note:Offence by employee or agent or mandatary
36 (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 pursuant to 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:Trial of offences
(3) 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 that court although the matter of the complaint or information did not arise in that territorial jurisdiction.
Marginal note:Prosecution of unincorporated body
(4) A prosecution for an offence under this Act may be brought against and in the name of an unincorporated body that is a contractor and, for the purposes of that prosecution, the body is deemed to be a person and any act or thing done or omitted by any officer or agent or mandatary of the body within the scope of their authority to act on behalf of the body is deemed to be an act or thing done or omitted by the body.
(5) For the purposes of subsection (4), a prosecution against a body may be brought against it in the name by which the body is commonly known or in which any undertaking to supply electricity or gas to a purchaser is given by the body.
- R.S., 1985, c. E-4, s. 36
- 2011, c. 21, s. 126(E)
Marginal note:Certificates of inspectors
37 (1) In any prosecution for an offence under this Act or any other proceeding to which the legislative jurisdiction of Parliament extends, a certificate purporting to have been given by an inspector pursuant to this Act and to have been signed by the inspector who made the examination, investigation or test is evidence of the matters stated therein relating to the examination, investigation or test without proof of the signature or the official character or the capacity of the person appearing to have signed the certificate.
Marginal note:Attendance of inspector
(2) The party against whom a certificate of an inspector is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination.
Marginal note:No admissibility without notice
(3) No certificate shall be received 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 that intention together with a copy of the certificate.
- 1980-81-82-83, c. 87, s. 36
Marginal note:Evidence of registration certificate
38 (1) Subject to subsection (2), on the trial of an offence consisting of a contravention of subsection 6(2) or (3), any document purporting to be a certificate of registration issued under the authority of subsection 6(2) shall, in the absence of evidence to the contrary, be deemed to be such a certificate.
Marginal note:Notice required
(2) Subsection (1) does not apply to any document unless the party intending to produce it at the trial referred to in that subsection has given to the party against whom the document is intended to be produced reasonable notice of that intention together with a copy of the document.
- 1980-81-82-83, c. 87, s. 37
Marginal note:Order of the Governor in Council
39 (1) Subject to subsection (2) and sections 40 to 43, the Governor in Council may, by order, provide for the application of any provisions of this Act, with any necessary adaptations specified in the order, in relation to
(a) any apparatus or class, type or design of apparatus by means of which
(i) a meter registers, a reading therefrom is obtained or the basis of a charge for electricity or gas is established from that reading,
(ii) measurements respecting the extraction of natural gas are made to obtain the basis of any royalty or charge therefor, or
(iii) a supply of electricity or gas is metered in any case not referred to in subsection 9(1); or
(b) any supply or class or type of supply of any energy whatever or source thereof in such a form that the use of a meter in respect thereof was not contemplated by approval granted under subsection 9(4) before the making of the order.
Marginal note:Provincial government’s request needed
(2) An order made under subsection (1) with respect to apparatus used to obtain the basis of any royalty or charge referred to in subparagraph (1)(a)(ii) that is due to Her Majesty in right of any province, or to any other person, shall not have effect with respect to any such apparatus in a province unless, at the request of the government thereof, the order is, by its terms, expressed to have that effect.
Marginal note:Application of subsections 28(2) and (3)
(3) Subsections 28(2) and (3) shall, with any necessary adaptations, apply in respect of a proposed order under subsection (1) as they apply in respect of a proposed regulation.
- 1980-81-82-83, c. 87, s. 38
Marginal note:Tabling order
Marginal note:Coming into force of order
(2) An order referred to in subsection (1) shall come into force on the thirtieth sitting day of Parliament after it has been laid before Parliament pursuant to that subsection unless before the twentieth sitting day of Parliament after the order has been laid before Parliament a motion for the consideration of either House, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for the consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House.
Marginal note:Consideration of motion
(3) Where a motion for the consideration of the House of Commons or Senate is filed as provided in subsection (2) with respect to a particular order referred to in subsection (1), that House shall, not later than the sixth sitting day of that House following the filing of the motion, take up and consider the motion unless a motion to the like effect has earlier been taken up and considered in the other House.
Marginal note:Definition of “sitting day of Parliament”
(4) For the purposes of subsections (1) and (2), sitting day of Parliament means a day on which either House of Parliament sits.
- 1980-81-82-83, c. 87, s. 39
Marginal note:Time for disposition of motion
41 (1) A motion taken up and considered in accordance with subsection 40(3) shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth hour, the Speaker of the House of Commons or the Senate, as the case may be, shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.
Marginal note:Procedure on adoption of motion
(2) If a motion taken up and considered in accordance with subsection 40(3) is adopted, with or without amendments, a message shall be sent from the House of Parliament adopting the motion informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.
Marginal note:Procedure in other House
(3) Within the first fifteen days next after receipt by it of a request pursuant to subsection (2) that the House of Parliament receiving the request is sitting, that House shall take up and consider the motion that is the subject of the request and all questions in connection therewith shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth hour, the Speaker of that House shall forthwith, without further debate or amendment, put every question necessary to determine whether or not the motion in question is concurred in.
- 1980-81-82-83, c. 87, s. 39
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