PART IX MISCELLANEOUS
Offences
126 (1) A person is guilty of an offence who, (a)  undertakes an activity without a licence for which a licence is required under this Act and for which a person has not been granted an exemption from the requirement to hold a licence; (b)  knowingly furnishes false or misleading information in any application, statement or return made under this Act or in any circumstances where information is required or authorized to be provided under this Act; (c)  fails to comply with a condition of a licence or an order of the Board made under this or any other Act; (c.1)  fails to comply with an assurance of voluntary compliance given under section 112.7; (c.2)  fails to comply with an assurance of voluntary compliance entered into under section 88.8 before that section was repealed; (d)  contravenes this Act, the regulations or a rule made under section 44; or (e)  contravenes the Energy Consumer Protection Act, 2010 or the regulations made under it. 1998, c. 15, Sched. B, s. 126 (1); 2002, c. 1, Sched. B, s. 16; 2002, c. 23, s. 4 (20); 2003, c. 3, s. 84 (1, 2); 2010, c. 8, s. 38 (38). Officers, etc. (2) It is an offence for any officer or director of a corporation to cause, authorize, permit or acquiesce in the commission by the corporation of an offence mentioned in subsection (1). 1998, c. 15, Sched. B, s. 126 (2). Penalty (3) An individual who is convicted of an offence under subsection (1) or (2) is liable to a fine of not more than $100,000 for a first offence and to a fine of not more than $300,000 for a subsequent offence. 1998, c. 15, Sched. B, s. 126 (3); 2003, c. 3, s. 84 (3); 2015, c. 29, s. 20 (1). Corporations (4) A corporation that is convicted of an offence under subsection (1) is liable to a fine of not more than $1,000,000 for a first offence and to a fine of not more than $2,000,000 for a subsequent offence. 1998, c. 15, Sched. B, s. 126 (4); 2003, c. 3, s. 84 (4); 2015, c. 29, s. 20 (2). Increasing fine by amount of monetary benefit (4.1) Despite the maximum fines set out in subsections (3) and (4), the court that convicts a person of an offence under subsection (1) or (2) may increase the fine imposed on the person by an amount equal to the monetary benefit that was acquired by, or that accrued to, the person as a result of the commission of the offence. 2003, c. 3, s. 84 (5). Limitation (5) Subject to subsection (6), no proceeding under this section shall be commenced more than one year after the facts upon which the proceeding is based first came to the knowledge of the Board. 1998, c. 15, Sched. B, s. 126 (5); 2010, c. 8, s. 38 (39). Same, retailers of electricity and gas marketers (6) Despite subsection (5), no proceeding under this section shall be commenced against the following persons more than two years after the facts upon which the proceeding is based first came to the knowledge of the Board: 1.  A retailer of electricity or a gas marketer. 2.  A director or officer of a corporation, where the person referred to in paragraph 1 is a corporation. 2010, c. 8, s. 38 (40). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 16 - 01/07/2002; 2002, c. 23, s. 4 (20) - 09/12/2002 2003, c. 3, s. 84 (1-5) - 01/08/2003 2010, c. 8, s. 38 (38-40) - 01/01/2011 2015, c. 29, s. 20 (1, 2) - 04/03/2016