21 (1) Subject to subsection (2), a person who contravenes a provision of this Act set out in Table 1 or 2 to this section is guilty of an offence and on conviction is liable to a fine determined in accordance with subsection (3). Continuing offence, signs (2) A person who is convicted of contravening section 7 or clause 14 (1) (c) or 15 (c) or subsection 23 (1) or (5) is liable to the fine determined in accordance with subsection (3) for each day or part of a day on which the offence occurs or continues. Determining maximum fine (3) The fine, or daily fine, as the case may be, shall not exceed an amount determined as follows: 1. Establish the number of times the defendant has been convicted of the same offence during the five years preceding the current conviction. 2. If, i. the defendant is an individual and the offence is with respect to tobacco or tobacco products, the amount is set out in Column 3 of Table 1 to this section, opposite the number of previous convictions in Column 2 and the provision number of the provision contravened in Column 1, and ii. the defendant is an individual and the offence is not with respect to tobacco or tobacco products, the amount is set out in Column 3 of Table 2 to this section, opposite the number of previous convictions in Column 2 and the provision number of the provision contravened in Column 1. 3. If, i. the defendant is a corporation and the offence is with respect to tobacco or tobacco products, the amount is set out in Column 4 of Table 1 to this section, opposite the number of previous convictions in Column 2 and the provision number of the provision contravened in Column 1, and ii. the defendant is a corporation and the offence is not with respect to tobacco or tobacco products, the amount is set out in Column 4 of Table 2 to this section, opposite the number of previous convictions in Column 2 and the provision number of the provision contravened in Column 1. Sequence of convictions (4) In establishing the number of times the defendant has been convicted of the same offence for the purposes of subsection (3), the only question to be considered is the sequence of convictions, and no consideration shall be given to the sequence of commission of offences or to whether an offence occurred before or after a conviction. Continuing offence, vending machine (5) A person who contravenes subsection 10 (1) is guilty of an offence and on conviction is liable, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $2,000. Offence, failure to submit report (6) A person who contravenes section 11 is guilty of an offence and on conviction is liable to a fine of not more than $100,000. Offence, motor vehicle (7) A person who contravenes section 17 is guilty of an offence and on conviction is liable to a fine of not more than $250. Duty of directors and officers (8) A director or officer of a corporation that engages in the manufacture, sale or distribution of tobacco products, vapour products or a prescribed product or substance has a duty to take all reasonable care to prevent the corporation from contravening this Act. Offence (9) A person who has the duty imposed by subsection (8) and fails to carry it out is guilty of an offence and on conviction is liable to a fine of not more than $100,000. Same (10) A person may be prosecuted and convicted under subsection (9) even if the corporation has not been prosecuted or convicted. Owner’s liability (11) The owner of a business shall be deemed to be liable for any contravention of section 3, 4, 4.1, 4.2, 5, 6, 7, 8 or 9 that occurs at the place of business, unless the owner exercised due diligence to prevent such a contravention. 2017, c. 26, Sched. 3, s. 21 (11); 2018, c. 12, Sched. 4, s. 9 (1). Table 1 Column 1   Provision Contravened   Column 2   Number of Earlier Convictions   Column 3   Maximum Fine — Individual (amount in dollars)   Column 4   Maximum Fine — Corporation (amount in dollars) 

  3 (1), 3 (2), 4, 5   0   8,000   20,000 

  3 (1), 3 (2), 4, 5   1   20,000   40,000 

  3 (1), 3 (2), 4, 5   2   40,000   100,000 

  3 (1), 3 (2), 4, 5   3 or more   200,000   300,000 

  3 (4), 6 (1), 7, 14 (1) (c), 15 (c), 20 (16), 22 (4), 23 (1), 23 (4), 23 (5)   0   2,000   5,000 

  3 (4), 6 (1), 7, 14 (1) (c), 15 (c), 20 (16), 22 (4), 23 (1), 23 (4), 23 (5)   1   5,000   10,000 

  3 (4), 6 (1), 7, 14 (1) (c), 15 (c), 20 (16), 22 (4), 23 (1), 23 (4), 23 (5)   2   10,000   25,000 

  3 (4), 6 (1), 7, 14 (1) (c), 15 (c), 20 (16), 22 (4), 23 (1), 23 (4), 23 (5)   3 or more   50,000   75,000 

  8, 9   0   4,000   200,000 

  8, 9   1   10,000   600,000 

  8, 9   2   20,000   600,000 

  8, 9   3 or more   100,000   600,000 

  12 (1)   0   1,000   (not applicable) 

  12 (1)   1 or more   5,000   (not applicable ) 

  14 (1) other than (c), 15 other than (c)   0   1,000   100,000 

  14 (1) other than (c), 15 other than (c)   1 or more   5,000   300,000 

  14 (2)   any    4,000   10,000 

  19 (4)   any   4,000   10,000 Table 2 Column 1   Provision Contravened   Column 2   Number of Earlier Convictions   Column 3   Maximum Fine — Individual (amount in dollars)   Column 4   Maximum Fine — Corporation (amount in dollars)  

  3 (1), 3 (2), 4.1, 4.2, 5   0   4,000   10,000 

  3 (1), 3 (2), 4.1, 4.2, 5   1   10,000   20,000 

  3 (1), 3 (2), 4.1, 4.2, 5   2   20,000   50,000 

  3 (1), 3 (2), 4.1, 4.2, 5   3 or more   100,000   150,000 

  3 (4), 6 (1), 7, 14 (1) (c), 15 (c), 20 (16)   0   2,000   5,000 

  3 (4), 6 (1), 7, 14 (1) (c), 15 (c), 20 (16)   1   5,000   10,000 

  3 (4), 6 (1), 7, 14 (1) (c), 15 (c), 20 (16)   2   10,000   25,000 

  3 (4), 6 (1), 7, 14 (1) (c), 15 (c), 20 (16)   3 or more   50,000   75,000 

  8, 9   0   2,000   100,000 

  8, 9   1   5,000   300,000 

  8, 9   2   10,000   300,000 

  8, 9   3 or more   50,000   300,000 

  12 (1), 17.1   0   1,000   (not applicable) 

  12 (1), 17.1   1 or more   5,000   (not applicable) 

  14 (1) other than (c), 15 other than (c)   0   1,000   100,000 

  14 (1) other than (c), 15 other than (c)   1 or more   5,000   300,000 

  14 (2)   any    4,000   10,000 2017, c. 26, Sched. 3, s. 21, Table 2; 2018, c. 12, Sched. 4, s. 9 (2, 3). Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 4, s. 9 - 17/10/2018 Automatic Prohibition, Tobacco Sales Offences