OFFENCES AND PUNISHMENT

Marginal note:Entering quarantine facility

• 65. (1) No person shall enter a quarantine facility without the authorization of a quarantine officer.

• Marginal note:Leaving quarantine facility

  (2) No person shall leave a quarantine facility without the authorization of a quarantine officer.

Marginal note:Obstruction of officer

66. No person shall hinder or wilfully obstruct a quarantine officer, a screening officer or an environmental health officer who is carrying out their duties or functions under this Act, or make a false or misleading statement, either orally or in writing, to the officer.

Marginal note:Offence committed intentionally

• 67. (1) Every person is guilty of an offence if they cause a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening this Act or the regulations.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable

  • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and

  • (b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Failure to comply

68. Every person who fails to comply with an obligation imposed under subsection 15(3) or 25(1) or section 26 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Failure to comply

69. Every person who fails to comply with an obligation imposed under section 35, subsection 39(1) or 44(3) or section 51 is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Contravention

70. Every person who contravenes section 12 or 13, subsection 15(1) or section 65 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Contravention

71. Every person who contravenes subsection 6(2), 8(1) or 34(1), (2) or (4), section 36 or 38, subsection 42(1), section 45 or 50, subsection 54(3), section 58 or 59 or subsection 73(2) or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Contravention

72. Every person who contravenes subsection 15(2) or section 66 is guilty of an offence and liable

• (a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both; or

• (b) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.

RELATED PROVISIONS

Marginal note:Officers, etc., of corporations

• 73. (1) If a corporation commits an offence under this Act, any officer, director or 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 liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

• Marginal note:Duty to ensure compliance

  (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.

Marginal note:Offence by employee or agent or mandatary

74. In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or 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

• (a) the offence was committed without the accused’s knowledge or consent; and

• (b) the accused exercised all due diligence to prevent its commission.

Marginal note:Continuing offence

75. If an offence under this Act is continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is continued.

Marginal note:Limitation period

• 76. (1) A proceeding by way of summary conviction in respect of an offence under this Act may be commenced at any time within two years after the day on which the Minister becomes aware of the subject-matter of the proceeding.

• Marginal note:Minister’s certificate

  (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of the proceeding, is evidence of that fact without proof of the signature or official character of the person appearing to have signed it and without further proof.

Marginal note:Venue

77. An information in respect of an offence under this Act may be tried, determined or adjudged by a summary conviction court if the defendant is resident or carrying on business within the territorial division of the court, even if the matter of the information did not arise in that territorial division.

Marginal note:Analysis and examination

• 78. (1) A quarantine officer or an environmental health officer may submit to an analyst, for analysis or examination, any sample taken under paragraph 47(1)(e).

• Marginal note:Certificate of analyst

  (2) A certificate of an analyst stating that the analyst has analyzed or examined a sample and stating the result of the analysis or examination is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed it.

• Marginal note:Attendance of analyst

  (3) The party against whom the certificate is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

• Marginal note:Notice

  (4) The certificate may not be received in evidence unless the party who intends to produce it has given the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.