98 (1) A person is guilty of an offence if the person, (a) contravenes a provision of this Act that is listed in subsection (2); (b) includes in a report to the Registrar under subsection 75 (1) information that the person knows to be false and the person is not a resident who is incapable; (c) fails to make a report required by subsection 75 (1) and the person is, (i) the licensee of a retirement home or a person who manages a retirement home on behalf of a licensee, (ii) if the licensee of a retirement home or person who manages the home is a corporation, an officer or director of the corporation, (iii) a staff member of a retirement home, (iv) any person who provides professional services to a resident in the areas of health, social work, social services work or finances, or (v) any person who provides professional services to a licensee in the areas of health, social work or social services work; (d) is a person described in subclause (c) (i), (ii) or (iii) and, (i) coerces or intimidates a person not to make a report required by subsection 75 (1), (ii) discourages a person from making a report required by subsection 75 (1), or (iii) authorizes, permits or concurs in a contravention of the duty to make a report required by subsection 75 (1); (e) contravenes a provision of the regulations that is prescribed for the purpose of this clause; (f) fails to pay a fee that the person is required to pay under section 21 or 38; (g) contravenes a condition imposed by the Registrar on a licence; or (h) fails to comply with an order made by the Registrar under this Act.  2010, c. 11, s. 98 (1). List of offences (2) Each of the following provisions of this Act is listed for the purpose of clause (1) (a): 1. Section 33 (operation without a licence). 2. Section 44 (reduction in care services). 3. Section 49 (ceasing to operate a retirement home). 4. Section 60 (compliance with care and safety standards). 5. Subsection 61 (2) (interference with an external care provider). 6. Subsections 67 (1) and (2) (protection from abuse and neglect). 7. Subsection 77 (7) (compliance with inspections). 7.1 Subsection 80.1 (3) as it relates to subsection 77 (7) (compliance with investigations). 7.2 Subsection 80.3 (2) as it relates to subsection 77 (7) (compliance with a search by an investigator without warrant). 7.3 Subsection 113 (3) (confidentiality of information). 8. Section 115 (whistle-blowing). 9. Section 117 (obstruction). 10. Section 118 (false information).  2010, c. 11, s. 98 (2); 2017, c. 25, Sched. 10, s. 25 (1). Individual’s act is act of entity (3) In a prosecution of an offence under this Act, any act or omission on the part of any manager, agent, representative, officer, director or supervisor of the accused, whether a corporation or not, shall be deemed to be the act or omission of the accused.  2010, c. 11, s. 98 (3). Prosecution of individuals, but not corporation (4) If an act or omission of an individual employed or retained by a corporation would be an offence under this Act if done by the corporation, the individual is guilty of the offence, whether or not the corporation has been prosecuted or convicted.  2010, c. 11, s. 98 (4). Prosecution of individuals directing management of affairs of corporation (5) If a corporation commits an offence under this Act, each of the individuals who were directing the management of the affairs of the corporation at the time the corporation committed the offence is guilty of the offence if he or she failed to take reasonable care to prevent the corporation from committing the offence, whether or not the corporation has been prosecuted or convicted.  2010, c. 11, s. 98 (5). Onus of proof (6) In the trial of an individual mentioned in subsection (5), the onus is on the individual to prove that he or she took reasonable care to prevent the corporation from committing the offence.  2010, c. 11, s. 98 (6). Two-year limitation (7) A prosecution for an offence under this Act shall not be commenced more than two years after the day the facts on which the prosecution is based first came to the knowledge of the Registrar.  2010, c. 11, s. 98 (7). Protection of information (8) In a prosecution for an offence under this Act or if documents or materials are filed with a court under 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. 2017, c. 25, Sched. 10, s. 25 (2). Definition (9) In this section, “personal health information” means personal health information as defined in the Personal Health Information Protection Act, 2004. 2017, c. 25, Sched. 10, s. 25 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 25 (1, 2) - 12/12/2017