46Prosecutions

##### 46 Prosecutions (1) An offence against this Act that is committed by a natural person and the maximum punishment for which is a pecuniary penalty exceeding $2,000 or a period of imprisonment exceeding one year, or both, is an indictable offence. (2) An offence against this Act that is committed by a corporation and the maximum punishment for which is a pecuniary penalty exceeding $5,000 is an indictable offence. (3) Notwithstanding that an offence against this Act is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent. (4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against this Act, the penalty that the court may impose is: (a) in the case of a natural person—a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both; or (b) in the case of a corporation—a fine not exceeding $10,000. (5) An offence against this Act, other than an offence that by virtue of subsection (1) or (2) is an indictable offence, may be prosecuted summarily.