138Falsification of records

##### 138 Falsification of records (1) Where matter that is used or intended to be used in connection with the keeping of a book required to be kept under this Act or a register or any accounting or other record referred to in section 136 is recorded or stored in an illegible form by means of a mechanical device, an electronic device or any other device, a person who: (a) records or stores by means of that device matter that he knows to be false or misleading in a material particular; (b) destroys, removes or falsifies matter that is recorded or stored by means of that device, or has been prepared for the purpose of being recorded or stored, or for use in compiling other matter to be recorded or stored, by means of that device; or (c) fails to record or store matter by means of that device with intent to falsify any entry made or intended to be compiled, wholly or in part, from that matter; is guilty of an offence. Penalty: $5,000 or imprisonment for 1 year, or both. (2) In a prosecution of a person for an offence under subsection (1), it is a defence if the person proves that he acted honestly and that in all the circumstances the act or omission constituting the offence should be excused.