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Bill C-45

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    (b) establish policies, standards and procedures to reduce the likelihood of the organization committing a subsequent offence;

    (c) communicate those policies, standards and procedures to its representatives;

    (d) report to the court on the implementation of those policies, standards and procedures;

    (e) identify the senior officer who is responsible for compliance with those policies, standards and procedures;

    (f) provide, in the manner specified by the court, the following information to the public, namely,

      (i) the offence of which the organization was convicted,

      (ii) the sentence imposed by the court, and

      (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

    (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.

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.

1999, c. 5, s. 33(1)

20. The portion of subsection 734(1) of the Act before paragraph (a) is replaced by the following:

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

1995, c. 22, s. 6

21. (1) The portion of subsection 735(1) of the Act before paragraph (a) is replaced by the following:

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,

1995, c. 22, s. 6

(2) Paragraph 735(1)(b) of the Act is replaced by the following:

    (b) not exceeding one hundred thousand dollars, where the offence is a summary conviction offence.

1999, c. 5, s. 37

(3) Subsection 735(2) of the Act is replaced by the following:

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.

22. Subsection 800(3) of the Act is replaced by the following:

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.

COORDINATING AMENDMENT

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:

Organization

556. (1) An accused organization shall appear by counsel or agent.

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

    (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

    (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.

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.

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.

COMING INTO FORCE

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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