46 (1) Every person who contravenes or fails to comply with this Act or a regulation is guilty of an offence and on conviction is liable to a penalty determined in accordance with subsection (2) or (3), as the case may be. 2021, c. 26, Sched. 3, s. 46 (1). Penalties (2) Subject to subsection (3), every person convicted of an offence under subsection (1) is liable, (a)  for a first offence, to a fine of not less than $250 and not more than $1,000; and (b)  for each subsequent offence, to a fine of not less than $1,000 and not more than $5,000. 2021, c. 26, Sched. 3, s. 46 (2). Same (3) Every person convicted of an offence under subsection (1) in respect of a provision listed in subsection (4), or of an offence under subsection (7), (8) or (10), is liable, (a)  for a first offence, to a fine of not less than $2,000 and not more than $10,000, or to imprisonment for a term of not more than six months, or to both; and (b)  for each subsequent offence, to a fine of not less than $5,000 and not more than $50,000, or to imprisonment for a term of not more than six months, or to both. 2021, c. 26, Sched. 3, s. 46 (3). Same (4) Subsection (3) applies with respect to subsection 2 (1), sections 3 and 4, subsections 11 (2), 21 (1), 24 (5), 28 (1) and (2), 32 (2), 33 (1) and (2), 34 (1) and (2) and 37 (4). 2021, c. 26, Sched. 3, s. 46 (4). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 46 (4) of the Act is amended by striking out “28 (1) and (2)” and substituting “28 (9) to (12)”. (See: 2023, c. 9, Sched. 36, s. 24) Same (5) An offence committed more than five years after a previous conviction for the same offence is not a subsequent offence for the purposes of clause (2) (b) or (3) (b). 2021, c. 26, Sched. 3, s. 46 (5). Penalty, corporations (6) Despite subsections (2) and (3), a corporation convicted of an offence under this Act is liable to a fine of not more than $100,000. 2021, c. 26, Sched. 3, s. 46 (6). Offence, false statement, inaccurate information (7) Every person who submits a false or inaccurate document, makes a false statement or includes inaccurate information in or with an application, declaration, affidavit or other document required by the Director or under this Act is guilty of an offence. 2021, c. 26, Sched. 3, s. 46 (7). Same (8) Every person who displays, presents or surrenders a document required by the Director or under this Act that is fictitious, an imitation or altered, is guilty of an offence. 2021, c. 26, Sched. 3, s. 46 (8). Same, defence (9) A person is not guilty of an offence under subsection (7) or (8) if the person exercised all reasonable care to avoid contravening the subsection. 2021, c. 26, Sched. 3, s. 46 (9). Offence, corporate director or officer (10) If a corporation commits an offence under subsection (7) or (8), every director or officer of the corporation who authorized, permitted or concurred in the commission of the offence is also guilty of the offence. 2021, c. 26, Sched. 3, s. 46 (10). Limitation (11) Subject to subsection (12), no proceeding for an offence under this section shall be commenced more than two years after the facts on which the proceeding is based first came to the knowledge of the Director.
2021, c. 26, Sched. 3, s. 46 (11). Same (12) No proceeding for an offence under subsection (7), (8) or (10), or an offence under subsection (1) in respect of subsection 33 (1) or (2), shall be commenced more than six years after the facts on which the proceeding is based first came to the knowledge of the Director.
2021, c. 26, Sched. 3, s. 46 (12). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 24 - 01/01/2024