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Electricity and Gas Inspection Act

Version of section 36 from 2002-12-31 to 2011-11-28:

Marginal note:Offence of employee or agent

  •  (1) In any prosecution for an offence under this Act it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that he exercised all due diligence to prevent its commission.

  • Marginal note:Limitation period

    (2) Any proceedings by way of summary conviction pursuant to this Act may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose.

  • Marginal note:Trial of offences

    (3) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

  • Marginal note:Prosecution of unincorporated body

    (4) A prosecution for an offence under this Act may be brought against and in the name of an unincorporated body that is a contractor and, for the purposes of that prosecution, the body shall be deemed to be a person and any act or thing done or omitted by any officer or agent of the body within the scope of his authority to act on behalf of the body shall be deemed to be an act or thing done or omitted by the body.

  • Marginal note:Idem

    (5) For the purposes of subsection (4), a prosecution against a body may be brought against it in the name by which the body is commonly known or in which any undertaking to supply electricity or gas to a purchaser is given by the body.

  • 1980-81-82-83, c. 87, s. 35

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