137 (1) Every corporation under this Act or any other Act and every other person who knowingly contravenes subsection 43 (1), (3), (4), (5), (7), 55 (1) or 72 (1), section 81, subsection 115 (1), (2), (3), (4) or (9), section 118, subsection 133 (1), section 143, subsection 147 (1), (3), 152 (1), (2) or 161 (2) or section 169 is guilty of an offence and on conviction is liable to a fine of, (a)  not more than $100,000, if the person is a corporation within the meaning of this Act or any other Act; or (b)  not more than $25,000, if the person is not a corporation within the meaning of this Act or any other Act. 1998, c. 19, s. 137 (1). Directors and officers (2) It is an offence for a director or officer of a corporation within the meaning of this Act or any other Act to knowingly cause, authorize, permit, participate in or acquiesce in the commission by the corporation of an offence mentioned in subsection (1). 1998, c. 19, s. 137 (2). Limitation (3) No proceeding under this section shall be commenced after the second anniversary of the day on which the facts upon which the proceeding is based first came to the knowledge of the Director designated under the Ministry of Consumer and Business Services Act. 2006, c. 34, s. 7. Compliance order (4) The court hearing the proceeding may make an order requiring a person convicted of an offence to comply with the provisions of the Act that the person has contravened, if the court has competent jurisdiction to make the order. 1998, c. 19, s. 137 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, section 137 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 121) Offences, general 137 (1) A corporation under this Act or any other Act and any other person or entity that contravenes or fails to comply with subsection 43 (1), (3), (4), (5), (7), 55 (1) or 72 (1), section 72.1 or 81, subsection 115 (1), (2), (3), (4) or (9), section 118, subsection 133 (1), section 143, subsection 147 (1), (3), 152 (1), (2) or 161 (2), section 169 or a regulation made under paragraph 4.1 of subsection 177 (1) is guilty of an offence. 2015, c. 28, Sched. 1, s. 121. Directors and officers (2) An officer or director of a corporation within the meaning of this Act or any other Act who fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1), is guilty of an offence, whether or not the corporation has been prosecuted or convicted. 2015, c. 28, Sched. 1, s. 121. Other individuals (3) Any of the following individuals who act on behalf of an entity and who fail to take reasonable care to prevent the entity from committing an offence mentioned in subsection (1), are guilty of an offence, whether or not the entity has been prosecuted or convicted: 1.  A partner or general manager and assistant general manager of an entity that is a partnership. 2.  Any other individual designated for the purpose of this subsection by a by-law or resolution of any entity. 3.  Any other individual who performs functions normally performed by an individual described in paragraph 2. 2015, c. 28, Sched. 1, s. 121. Penalties (4) A person who is convicted of an offence under subsection (1), (2) or (3) is liable to, (a)  a fine of not more than $250,000, if the person is a corporation within the meaning of this Act or any other Act; or (b)  a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, if the person is an individual. 2015, c. 28, Sched. 1, s. 121. Limitation (5) No proceeding under this section shall be commenced after the second anniversary of the day on which the facts upon which the proceeding is based first came to the knowledge of the Director designated under the Ministry of Consumer and Business Services Act. 2015, c. 28, Sched. 1, s. 121. Compliance order (6) The court hearing the proceeding may make an order requiring a person convicted of an offence to comply with the provisions of this Act that the person has contravened, if the court has competent jurisdiction to make the order. 2015, c. 28, Sched. 1, s. 121. Orders for compensation, restitution (7) If a corporation under this Act or any other Act or any other person is convicted of an offence under subsection (1) or (2), the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution. 2015, c. 28, Sched. 1, s. 121. Section Amendments with date in force (d/m/y) 2006, c. 34, s. 7 - 20/12/2006 2015, c. 28, Sched. 1, s. 121 - not in force PART X   COMMON ELEMENTS CONDOMINIUM CORPORATIONS