9Failure to pay penalty surcharge

9 Failure to pay penalty surcharge

(1) A person is guilty of an offence if: (a) the person is liable to pay penalty surcharge under subsection 8(2); and (b) the person fails, before the event specified in that subsection, to pay the penalty surcharge.

Penalty: A fine equal to 5 times the amount of the penalty surcharge or 500 penalty units, whichever is the greater.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2) A person is guilty of an offence if: (a) the person is liable to pay penalty surcharge under subsection 8(2); and (b) the person fails, before the event specified in that subsection, to pay the penalty surcharge.

Penalty: A fine equal to the amount of the penalty surcharge or 100 penalty units, whichever is the greater.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3) Strict liability applies to subsection (2).

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) A person is guilty of an offence if: (a) the person is liable to pay penalty surcharge under subsection 8(1) in a circumstance other than the circumstance set out in paragraph (7)(b); and (b) the person fails, before the event specified in subsection 8(1), to pay the penalty surcharge.

Penalty: A fine equal to 5 times the amount of the penalty surcharge or 500 penalty units, whichever is the greater.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(5) A person is guilty of an offence if: (a) the person is liable to pay penalty surcharge under subsection 8(1) in a circumstance other than the circumstance set out in paragraph (7)(b); and (b) the person fails, before the event specified in subsection 8(1), to pay the penalty surcharge.

Penalty: A fine equal to the amount of the penalty surcharge or 100 penalty units, whichever is the greater.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(6) Strict liability applies to subsection (5).

Note: For strict liability, see section 6.1 of the Criminal Code.

(7) A person is guilty of an offence if: (a) the person is liable to pay penalty surcharge under subsection 8(1); and (b) that liability arises because of the person’s use of the fuel in an internal combustion engine of a vessel or vehicle having a fuel tank with a capacity that does not exceed 120 litres or such greater capacity as the regulations prescribe; and (c) the person fails, before the event specified in subsection 8(1), to pay the penalty surcharge.