sec.164Liability of executive officer for particular offences committed by corporation

sec.164 Liability of executive officer for particular offences committed by corporation

An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; and the officer does not take all reasonable steps to ensure the corporation does not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by an executive officer of a corporation constitute reasonable steps for subsection (1) (b) , the court may have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; 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, an offence against the executive liability provision. This section does not affect the following— the liability of the corporation for an offence against the executive liability provision; the liability, under chapter 2 of the Criminal Code , of any person, whether or not the person is an executive officer of the corporation, for an offence against the executive liability provision. In this section— executive liability provision means any of the following provisions— section 73 (1) ; section 75 ; section 76 ; section 110 ; section 112 . executive officer , of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive office. s 164 amd 2019 No. 11 s 66 (sec.164-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; and the officer does not take all reasonable steps to ensure the corporation does not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. (sec.164-ssec.2) In deciding whether things done or omitted to be done by an executive officer of a corporation constitute reasonable steps for subsection (1) (b) , the court may have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and any other relevant matter. (sec.164-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, an offence against the executive liability provision. (sec.164-ssec.4) This section does not affect the following— the liability of the corporation for an offence against the executive liability provision; the liability, under chapter 2 of the Criminal Code , of any person, whether or not the person is an executive officer of the corporation, for an offence against the executive liability provision. (sec.164-ssec.5) In this section— executive liability provision means any of the following provisions— section 73 (1) ; section 75 ; section 76 ; section 110 ; section 112 . executive officer , of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive office.