sec.227Executive officer must ensure corporation complies with Act

### sec.227 Executive officer must ensure corporation complies with Act An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; 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 the executive liability provisions by an individual. When deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must consider— 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 matter that the court considers relevant. 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 the executive liability provision. This section does not affect— the corporation’s liability for the offence against the executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person for the offence, whether or not the person is an executive officer of the corporation. In this section— executive liability provision means— section 162 ; or section 163 ; or section 164 ; or section 165 ; or section 166 (7) ; or section 168 (5) ; or section 172 ; or section 176 (5) ; or section 180 (8) . (sec.227-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 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 the executive liability provisions by an individual. (sec.227-ssec.2) When deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must consider— 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 matter that the court considers relevant. (sec.227-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 the executive liability provision. (sec.227-ssec.4) This section does not affect— the corporation’s liability for the offence against the executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person for the offence, whether or not the person is an executive officer of the corporation. (sec.227-ssec.5) In this section— executive liability provision means— section 162 ; or section 163 ; or section 164 ; or section 165 ; or section 166 (7) ; or section 168 (5) ; or section 172 ; or section 176 (5) ; or section 180 (8) . - (a) the corporation commits an offence against an executive liability provision; and - (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. - (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and - (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and - (c) any other matter that the court considers relevant. - (a) the corporation’s liability for the offence against the executive liability provision; or - (b) the liability, under the Criminal Code , chapter 2 , of any person for the offence, whether or not the person is an executive officer of the corporation. - (a) section 162 ; or - (b) section 163 ; or - (c) section 164 ; or - (d) section 165 ; or - (e) section 166 (7) ; or - (f) section 168 (5) ; or - (g) section 172 ; or - (h) section 176 (5) ; or - (i) section 180 (8) .