Marginal note:Export or attempt to export
44. (1) No person shall export or attempt to export from Canada any property in respect of which an action has been instituted under subsection 37(3) while the action is being considered.
(2) No person shall export or attempt to export from Canada any property in respect of which an order has been made under subsection 37(5) except under the authority of and in accordance with a permit issued by the Minister under subsection 37(8).
- 1974-75-76, c. 50, s. 38.
Marginal note:Offences and punishment
45. (1) Every person who contravenes any of the provisions of subsection 36.1(2) and sections 40 to 44 is guilty of an offence and liable
(a) on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding twelve months or to both; or
(b) on conviction on indictment to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding five years or to both.
Marginal note:Limitation period
(2) A prosecution under paragraph (1)(a) may be instituted at any time within but not later than three years after the time when the subject-matter of the complaint arose.
- R.S., 1985, c. C-51, s. 45;
- 2005, c. 40, s. 5.
Marginal note:Officers, etc., of corporations
46. Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on summary conviction or on conviction on indictment to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
- 1974-75-76, c. 50, s. 40.
47. Any proceedings in respect of an offence under this Act may be instituted, tried or determined at the place in Canada where the offence was committed or at the place in Canada in which the person charged with the offence is, resides or has an office or place of business at the time of institution of the proceedings.
- 1974-75-76, c. 50, s. 41.
48. (1) The original or a copy of a bill of lading, customs document, commercial invoice or other document (in this section called a "shipping document") is admissible in evidence in any prosecution under this Act in relation to the sending or shipping of an object where it appears from the shipping document that
(a) the object was sent or shipped from Canada or came into Canada;
(b) a person, as shipper, consignor or consignee, sent or shipped the object from Canada or brought the object into Canada; or
(c) the object was sent or shipped to a particular destination or person.
Marginal note:Proof of the facts
(2) In the absence of evidence to the contrary, a shipping document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the shipping document.
- 1974-75-76, c. 50, s. 42.
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