Hazardous Products Act

Marginal note:Offence

• 28 (1) Every person who contravenes a provision of this Act, a provision of the regulations or an order made under this Act is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or

  • (b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both.

• Marginal note:Defence of due diligence

  (1.1) No person shall be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

• Marginal note:Offence  —  fault

  (1.2) Every person who knowingly or recklessly contravenes a provision of this Act, a provision of the regulations or an order made under this Act is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine in an amount that is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or

  • (b) on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both.

• Marginal note:Parties to offence

  (2) If a person other than an individual commits an offence under subsection (1) or (1.2), an officer, director, or agent or mandatary, of the person 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 conviction to the punishment provided for the offence, whether or not the person has been prosecuted or convicted.

• Marginal note:Limitation period

  (3) Proceedings by way of summary conviction in respect of an offence under paragraph (1)(b) or (1.2)(b) may be instituted at any time within two years after the day on which the subject matter of the proceedings arises.

• Marginal note:Sentencing considerations

  (4) A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the harm or risk of harm caused by the commission of the offence.

• Marginal note:Proof of offence

  (5) In a prosecution for an offence under subsection (1) or (1.2), it is sufficient proof of the offence to establish that it was committed by an employee, or agent or mandatary, of the accused, even if the employee, or agent or mandatary, is not identified or 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 due diligence to prevent its commission.