Marginal note:Trial of offences
22. A 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.
- 1977-78, c. 30, s. 22.
Marginal note:Offence by employee or agent
23. In any 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 the accused and that the accused exercised all due diligence to prevent its commission.
- 1977-78, c. 30, s. 23.
Marginal note:Copies and extracts as evidence
24. (1) Subject to subsections (2) and (3), a copy or extract made by an enforcement officer pursuant to paragraph 11(b) and purporting to be certified under the signature of that enforcement officer as a true copy or extract is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the copy or extract and, in the absence of any evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way.
Marginal note:Attendance of enforcement officer
(2) The party against whom any copy or extract is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the enforcement officer for the purposes of cross-examination.
(3) No copy or extract referred to in subsection (1) shall be admitted in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the copy or extract.
- 1977-78, c. 30, s. 24.
PAYMENT OF FINES
Marginal note:Regulations relating to offences
25. (1) The Governor in Council may by regulation designate any offence under this Act or the regulations as an offence with respect to which
(a) notwithstanding the provisions of the Criminal Code, any person designated as an enforcement officer pursuant to section 10 may lay an information and issue and serve a summons by completing a ticket in the form prescribed by regulation, affixing that person’s signature thereto and delivering the ticket to the person alleged to have committed the offence specified therein at the time the offence is alleged to have been committed; or
(b) the summons may be served on an accused by mailing the summons to the accused at the latest known address of the accused.
Marginal note:Voluntary payment of fine
(2) A regulation made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulation relates and shall fix the amount of the fine that may be so paid in respect of each such offence.
Marginal note:Fixing of fines
(3) A fine fixed in respect of an offence by a regulation made under this section may be lower for a first offence than for any subsequent offence but in no case shall it be greater than fifty dollars.
- 1977-78, c. 30, s. 25.
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