Executive officer may be taken to have committed offence against s 99(1)
212 Executive officer may be taken to have committed offence against s 99(1)
If a corporation commits an offence against section 99(1), each executive officer of the corporation is taken to have also committed the offence if—
the officer authorised or permitted the corporation’s conduct constituting the offence; or
the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.
The executive officer may be proceeded against for, and convicted of, the offence against section 99(1) whether or not the corporation has been proceeded against for, or convicted of, the offence.
This section does not affect either of the following—
the liability of the corporation for the offence against section 99(1);
the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 99(1).
This Act’s bill:Explanatory memorandum
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