Pooled Registered Pension Plans Act — P-15.3 75
Offences 75 (1) Every person is guilty of an offence who (a) contravenes any provision of this Act or the regulations or a direction of the Superintendent given under this Act; (b) to avoid compliance with a provision of this Act or the regulations, (i) destroys, alters, mutilates, secretes or otherwise disposes of any record, writing or other document, (ii) in any record, writing or other document, makes a false or deceptive statement or a false or deceptive entry, or (iii) omits to furnish any material particular in any statement or in any record, writing or other document; (c) knowingly prevents or obstructs, or attempts to prevent or obstruct, another person from doing anything that the other person is authorized to do under section 69 or, unless unable to do so, fails to do anything that is required to be done under that section; or (d) being an employer, fails to remit to the administrator all amounts that the employer is liable to so remit. Defense of due diligence (2) A person is not to be found guilty of an offence under paragraph (1)(a) or (d) if the person establishes that he or she exercised due diligence to prevent the commission of the offence. Punishment (3) A person who commits an offence under this Act is (a) in the case of a natural person, liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months, or to both; and (b) in the case of a corporation or other body, liable on summary conviction to a fine not exceeding $500,000. Remittance of amount owing (4) The court may also order the employer that is found guilty of the offence referred to in paragraph (1)(d) to remit to the administrator all amounts owing with interest. Evidence (5) In any prosecution for an offence under this Act, a certificate purporting to be signed by the Superintendent or by any person on the Superintendent’s behalf certifying that a copy of a pooled registered pension plan or of an amendment to that plan was not filed with the Superintendent as required by this Act, or certifying as to the registration of a pooled registered pension plan, is admissible in evidence and, in the absence of any evidence to the contrary, is proof of the matters so certified. Limitation (6) Proceedings in respect of an offence under this Act may be commenced within two years after the day on which the subject matter of the proceedings became known to the Superintendent. Certificate of Superintendent (7) A document that appears to have been issued by the Superintendent, certifying the day on which the subject matter of any proceedings became known to the Superintendent, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and is, in the absence of evidence to the contrary, proof of the matter asserted in it. Corporations and other bodies (8) If a corporation or other body commits an offence under this Act, an officer, a director, an agent or mandatary or a member of the corporation or body who directed, authorized, assented to or acquiesced or participated in the commission of the offence is a party to the offence and liable, on summary conviction, to the punishment provided for the offence, whether or not the corporation or body has been prosecuted or convicted. Informations and complaints (9) An information or complaint under this section may be laid or made by any officer of the Office of the Superintendent of Financial Institutions, any member of the Royal Canadian Mounted Police or any person authorized in writing by the Minister.