Marginal note:Order to refrain or to cease activity
32. Where a person is convicted of an offence under this Act, the court may, in addition to any punishment it may impose, order that person to refrain from any further contravention of the provision of this Act or the regulations for the contravention of which that person has been convicted or to cease to carry on any activity specified in the order the carrying on of which, in the opinion of the court, will or is likely to result in any further contravention thereof.
- R.S., c. 5(1st Supp.), s. 30.
Marginal note:Offence of employee or agent
33. In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of, and that all due diligence to prevent its commission was exercised by, the accused.
- R.S., c. 5(1st Supp.), s. 31.
Marginal note:Limitation period
34. Proceedings in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose.
- R.S., c. 5(1st Supp.), s. 32.
35. Any complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.
- R.S., c. 5(1st Supp.), s. 33.
Marginal note:Action to enjoin not prejudiced by prosecution
36. (1) Notwithstanding that a prosecution has been instituted in respect of an offence under subsection 30(1), the Attorney General of Canada may commence and maintain proceedings to enjoin any contravention of section 9.
Marginal note:Civil remedy not affected
(2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Act.
- R.S., c. 5(1st Supp.), s. 34.
Marginal note:Certificate of analyst
37. (1) Subject to subsections (2) and (3), a certificate purporting to be signed by an analyst and stating that the analyst has analyzed or examined a sample submitted to the analyst by an inspector and stating the result of the analysis or examination is admissible in evidence in any prosecution for a contravention of this Act and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.
Marginal note:Attendance of analyst
(2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.
Marginal note:Notice of intended production of certificate
(3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced.
- R.S., c. 5(1st Supp.), s. 35.
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