Marginal note:Punishment for certain alcohol offences
217 (1) Every person who contravenes section 63 or 73, subsection 78(1) or 83(1) or section 90 or 96 is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not less than the amount determined under subsection (2) and not more than the amount determined under subsection (3) or to imprisonment for a term of not more than five years, or to both; or
(b) on summary conviction, to a fine of not less than the amount determined under subsection (2) and not more than the lesser of $100,000 and the amount determined under subsection (3) or to imprisonment for a term of not more than 18 months, or to both.
Marginal note:Minimum amount
(2) The amount determined under this subsection for an offence under subsection (1) is the greater of
(a) the total of
(i) $11.066 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates,
(ii) $0.5122 multiplied by the number of litres of wine to which the offence relates, and
(iii) $10 multiplied by the number of litres of denatured alcohol or specially denatured alcohol to which the offence relates, and
(b) $1,000 in the case of an indictable offence and $500 in the case of an offence punishable on summary conviction.
Marginal note:Maximum amount
(3) The amount determined under this subsection for an offence under subsection (1) is the greater of
(a) the total of
(i) $22.132 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates,
(ii) $1.0244 multiplied by the number of litres of wine to which the offence relates, and
(iii) $20 multiplied by the number of litres of denatured alcohol or specially denatured alcohol to which the offence relates, and
(b) $2,000 in the case of an indictable offence and $1,000 in the case of an offence punishable on summary conviction.
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