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(d) report to the court on the
implementation of those policies, standards
and procedures;
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(e) identify the senior officer who is
responsible for compliance with those
policies, standards and procedures;
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(f) provide, in the manner specified by the
court, the following information to the
public, namely,
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(i) the offence of which the organization
was convicted,
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(ii) the sentence imposed by the court,
and
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(iii) any measures that the organization is
taking - including any policies,
standards and procedures established
under paragraph (b) - to reduce the
likelihood of it committing a subsequent
offence; and
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(g) comply with any other reasonable
conditions that the court considers desirable
to prevent the organization from
committing subsequent offences or to
remedy the harm caused by the offence.
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| Consideration
-
organizations
|
(3.2) Before making an order under
paragraph (3.1)(b), a court shall consider
whether it would be more appropriate for
another regulatory body to supervise the
development or implementation of the
policies, standards and procedures referred to
in that paragraph.
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| 1999, c. 5,
s. 33(1)
|
20. The portion of subsection 734(1) of
the Act before paragraph (a) is replaced by
the following:
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| 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
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|
| 1995, c. 22,
s. 6
|
21. (1) The portion of subsection 735(1) of
the Act before paragraph (a) is replaced by
the following:
|
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| 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,
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|
| 1995, c. 22,
s. 6
|
(2) Paragraph 735(1)(b) of the Act is
replaced by the following:
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|
(b) not exceeding one hundred thousand
dollars, where the offence is a summary
conviction offence.
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|
| 1999, c. 5,
s. 37
|
(3) Subsection 735(2) of the Act is
replaced by the following:
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| 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.
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22. Subsection 800(3) of the Act is
replaced by the following:
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|
| 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.
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|
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| 2002, c. 13
|
23. 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:
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| Organization
|
556. (1) An accused organization shall
appear by counsel or agent.
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| Non-appearan
ce
|
(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
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(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
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(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.
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| 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.
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|
| 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.
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| Order
|
24. The provisions of this Act, other than
section 23, come into force on a day or days
to be fixed by order of the Governor in
Council.
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