Marginal note:General offence

• 48. (1) Every person who contravenes any provision of this Act, other than section 9, or the regulations or who refuses or neglects to perform any duty imposed by or under the Act or the regulations is guilty of

  • (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or

  • (b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.

• Marginal note:Possession of illegal imports

  (2) Every person who contravenes section 9 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars.

• Marginal note:No imprisonment

  (3) Notwithstanding the Criminal Code, no person shall be committed to prison for default of payment of a fine imposed under subsection (2).

Marginal note:Failure to comply with notices

49. Every person who fails to comply with a notice communicated to the person under section 6, 8, 24, 30 or 36 or the regulations is guilty of

• (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or

• (b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.

Marginal note:Contravention of prohibition or restriction

• 50. (1) Every person who contravenes a prohibition or restriction imposed under subsection 13(1) or 15(3) is guilty of

  • (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or

  • (b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.

• Marginal note:Defence

  (2) No person shall be found guilty of an offence consisting of a contravention of a prohibition or restriction imposed by the Minister or an inspector unless it is proved that, at the time of the alleged contravention,

  • (a) the person had been notified of the prohibition or restriction; or

  • (b) reasonable steps had been taken to bring the substance of the prohibition or restriction to the notice of persons likely to be affected by it.