sec.44Liability of executive officer—offence committed by corporation against s 26 (3)

sec.44 Liability of executive officer—offence committed by corporation against s 26 (3)

An executive officer of a corporation commits an offence if— the corporation commits an offence against section 26 (3) ; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 26 (3) by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 26 (3) ; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 26 (3) ; and any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 26 (3) . This section does not affect— the liability of the corporation for the offence against section 26 (3) ; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 26 (3) . s 44 sub 1994 No. 78 s 37 sch ; 2015 No. 15 s 16 (sec.44-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against section 26 (3) ; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 26 (3) by an individual. (sec.44-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 26 (3) ; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 26 (3) ; and any other relevant matter. (sec.44-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 26 (3) . (sec.44-ssec.4) This section does not affect— the liability of the corporation for the offence against section 26 (3) ; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 26 (3) .

• (a) the corporation commits an offence against section 26 (3) ; and
• (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.