Government of Canada / Gouvernement du Canada
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National Energy Board Act

Version of section 121 from 2002-12-31 to 2004-12-14:

Marginal note:Offence and punishment

  •  (1) Every person who contravenes any of the provisions of this Part or the regulations made under this Part is guilty of an offence and liable

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

    • (b) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.

  • Marginal note:Officers, etc., of corporation

    (2) Where a corporation commits an offence under this Part, any officer, director or agent 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 on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

  • Marginal note:Proof of offence

    (3) In any prosecution for an offence under this Part, it is sufficient proof of the offence to show that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

  • Marginal note:Continuing offence

    (4) Where an offence under this Part is committed on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

  • Marginal note:Limitation

    (5) Proceedings by way of summary conviction in respect of an offence under this Part may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose.

  • R.S., c. N-6, s. 86
  • 1980-81-82-83, c. 116, s. 28
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