Bill C-9
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OFFENCES AND PUNISHMENT
Contraventions
33. (1) Every person is guilty of an offence who contravenes a provision of
(a) this Act;
(b) a direction issued under paragraph 7.1(a), subsection 9(2) or (3), section 17, paragraph 19(1)(a) or (b) or subsection 32(1);
(c) the regulations;
(d) a security measure; or
(e) an interim order.
Punishment
(2) Every person who commits an offence under subsection (1)
(a) is liable on indictment to imprisonment for a term not exceeding two years; or
(b) is liable on summary conviction to a fine not exceeding $50,000 for a first offence, and not exceeding $100,000 for each subsequent offence.
Exemption from Statutory Instruments Act
(3) For greater certainty, a direction referred to in paragraph (1)(b) is not a statutory instrument for the purposes of the Statutory Instruments Act, but no person shall be convicted of an offence under paragraph (1)(b) unless the person was notified of the direction and, if any applicable regulations have been made under paragraph 27(1)(t), the notification was in accordance with the regulations.
31. Paragraph 34(1)(d) of the Act is replaced by the following:
(d) requiring the person to conduct programs of technical research and investigation into the development and improvement of safety marks, safety requirements and safety stand- ards, or to pay an amount in accordance with the regulations to be used to conduct the research.
32. Section 35 of the Act is replaced by the following:
Limitation period for summary conviction offences
35. Proceedings by way of summary conviction may be instituted at any time within, but not later than, five years after the day on which the subject matter of the proceedings arose.
33. Section 38 of the English version of the Act is replaced by the following:
Offences by employee, agent or mandatary
38. In any prosecution for an offence, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence.
34. Section 39 of the Act is replaced by the following:
Representative of organization
39. If an organization commits an offence, a representative who plays an important role in the establishment of the organization’s policies or is responsible for managing an important aspect of the organization’s activities — and, in the case of a corporation, an officer, director, agent or mandatary — 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 organization has been prosecuted for the offence.
35. Section 42 of the Act is replaced by the following:
Prima facie proof
42. In any prosecution for an offence, evidence that a means of containment or transport bore a dangerous goods mark — or another mark that is likely to be mistaken for a dangerous goods mark — or was accompanied by a shipping record is, in the absence of evidence to the contrary, proof of the presence and identification of dangerous goods indicated by the dangerous goods mark or other mark or the shipping record.
Terminology
36. The French version of the Act is amended by replacing “indications de danger” with “indications de sécurité” in the following provisions:
(a) paragraph 25(a); and
(b) paragraph 26(1)(a).
COMING INTO FORCE
Order in council
37. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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Explanatory Notes
Clause 31: Relevant portion of subsection 34(1):
34. (1) Where a person is convicted of an offence, the court may make an order having any or all of the following effects:
...
(d) requiring the person to conduct programs of technical research and investigation into the development and improvement of safety marks, safety requirements and safety standards, or to pay an amount in the manner prescribed to be used to conduct the research.
Clause 32: Existing text of section 35:
35. Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose.
Clause 33: Existing text of section 38:
38. In any prosecution for an offence, it is sufficient proof of the offence to establish 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.
Clause 34: Existing text of section 39:
39. Where a corporation commits an offence, an 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 for the offence.
Clause 35: Existing text of section 42:
42. In any prosecution for an offence, evidence that a means of containment or transport bore a safety mark or was accompanied by a prescribed document is, in the absence of evidence to the contrary, proof of the information shown or indicated by the safety mark or contained in the prescribed document.