Document ID: chunk:federal_register_of_legislation:C2004C01298:clause:1_15
Version: federal_register_of_legislation:C2004C01298
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 11088–11912

15  Subsection 35(2)
Repeal the subsection, substitute:

 (2) A person who contravenes subsection (1) is guilty of an indictable offence that, subject to this section, is punishable, upon conviction, by a fine not exceeding $20,000 or imprisonment for a period not exceeding 5 years.

 (3) Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

 (4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection (1), the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 1 year.