192 (1) Except where subsection (2) applies, every individual who is convicted of an offence under this Act is liable, (a) for a first offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than 12 months, or to both; and (b) for a subsequent offence, to a fine of not more than $400,000 or to imprisonment for a term of not more than 12 months, or to both. 2021, c. 39, Sched. 1, s. 192 (1). Same (2) Every individual who is convicted of an offence under section 28 is liable to a fine of not more than $200,000. 2021, c. 39, Sched. 1, s. 192 (2). Directors, etc. (3) Despite subsection (1), the following rules apply if an individual is convicted of an offence under this Act by virtue of section 75: 1. If the individual is a member mentioned in subsection 75 (2), or a director or officer of a corporation that is the licensee of a non-profit long-term care home, the individual is liable to a fine of not more than $4,000. 2. In every other case, the individual is liable to a fine of not more than $200,000 for a first offence, and not more than $400,000 for a second or subsequent offence. 2021, c. 39, Sched. 1, s. 192 (3). Same, corporations (4) Every corporation that is convicted of an offence under this Act is liable to a fine of not more than $500,000 for a first offence and to a fine of not more than $1,000,000 for a subsequent offence. 2021, c. 39, Sched. 1, s. 192 (4). Compensation or restitution (5) The court that convicts a person of an offence under this Act may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence. 2021, c. 39, Sched. 1, s. 192 (5). Other conditions (6) Despite clause 72 (3) (c) of the Provincial Offences Act, the court that convicts a person of an offence under this Act may prescribe conditions described in that clause even though the offence is not punishable by imprisonment. 2021, c. 39, Sched. 1, s. 192 (6). Presiding judge (7) The Crown may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a proceeding in respect of a prosecution under this Act. 2021, c. 39, Sched. 1, s. 192 (7). Protection of information (8) In a prosecution for an offence under this Act or where documents or materials are filed with a court under section 151 of this Act or sections 158 to 160 of the Provincial Offences Act in relation to an investigation into an offence under this Act, the court may, at any time, take precautions to avoid the disclosure by the court or any person of any personal health information about an individual, including, where appropriate, (a) removing the identifying information of any person whose personal health information is referred to in any documents or materials; (b) receiving representations without notice; (c) conducting hearings or parts of hearings in private; or (d) sealing all or part of the court files. 2021, c. 39, Sched. 1, s. 192 (8). (9) Repealed: 2022, c. 16, s. 8. No limitation (10) Section 76 of the Provincial Offences Act does not apply to a prosecution under this Act. 2021, c. 39, Sched. 1, s. 192 (10). Section Amendments with date in force (d/m/y) 2022, c. 16, s. 8
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