97(1)A person who violates or fails to comply with section 91 or 92 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
97(2)A person who violates or fails to comply with section 96 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.
97(3)In addition to or instead of any sentence that may be imposed in accordance with the Provincial Offences Procedure Act, a judge of the Provincial Court may make one or more of the following orders:
(a)
an order requiring the person to resign their office or position on the terms and conditions imposed by the judge,
(b)
an order prohibiting the person from holding that office or position or any other specified office or position during the period of time that the judge prescribes,
(c)
if the violation or failure to comply has resulted in financial gain to the person or a family associate, an order requiring the return of any gain realized in accordance with terms and conditions imposed by the judge, and
(d)
any other order that the judge considers appropriate in the circumstances.
97(4)A failure to comply with an order under subsection (3) makes a person liable to be committed for contempt of the Provincial Court.
97(5)Even though a person has committed an offence under subsection (1) or (2), the judge may release the person without the imposition of a fine, a term of imprisonment or any other sentence that the judge may or shall impose under the Provincial Offences Procedure Act or this section if
(a)
the violation or failure to comply has not resulted in any personal gain to the person accused, and
(b)
the violation or failure to comply was, in the opinion of the judge, inadvertent.
97(6)No proceedings with respect to an offence under subsection (1) or (2) shall be commenced after three years after the date on which the offence was, or is alleged to have been, committed.
97(1)A person who violates or fails to comply with section 91 or 92 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
97(2)A person who violates or fails to comply with section 96 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.
97(3)In addition to or instead of any sentence that may be imposed in accordance with the Provincial Offences Procedure Act, a judge of the Provincial Court may make one or more of the following orders:
(a)
an order requiring the person to resign his or her office or position on the terms and conditions imposed by the judge,
(b)
an order prohibiting the person from holding that office or position or any other specified office or position during the period of time that the judge prescribes,
(c)
if the violation or failure to comply has resulted in financial gain to the person or a family associate, an order requiring the return of any gain realized in accordance with terms and conditions imposed by the judge, and
(d)
any other order that the judge considers appropriate in the circumstances.
97(4)A failure to comply with an order under subsection (3) makes a person liable to be committed for contempt of the Provincial Court.
97(5)Even though a person has committed an offence under subsection (1) or (2), the judge may release the person without the imposition of a fine, a term of imprisonment or any other sentence that the judge may or shall impose under the Provincial Offences Procedure Act or this section if
(a)
the violation or failure to comply has not resulted in any personal gain to the person accused, and
(b)
the violation or failure to comply was, in the opinion of the judge, inadvertent.
97(6)No proceedings with respect to an offence under subsection (1) or (2) shall be commenced after three years after the date on which the offence was, or is alleged to have been, committed.
97(1)A person who violates or fails to comply with section 91 or 92 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
97(2)A person who violates or fails to comply with section 96 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.
97(3)In addition to or instead of any sentence that may be imposed in accordance with the Provincial Offences Procedure Act, a judge of the Provincial Court may make one or more of the following orders:
(a)
an order requiring the person to resign his or her office or position on the terms and conditions imposed by the judge,
(b)
an order prohibiting the person from holding that office or position or any other specified office or position during the period of time that the judge prescribes,
(c)
if the violation or failure to comply has resulted in financial gain to the person or a family associate, an order requiring the return of any gain realized in accordance with terms and conditions imposed by the judge, and
(d)
any other order that the judge considers appropriate in the circumstances.
97(4)A failure to comply with an order under subsection (3) makes a person liable to be committed for contempt of the Provincial Court.
97(5)Even though a person has committed an offence under subsection (1) or (2), the judge may release the person without the imposition of a fine, a term of imprisonment or any other sentence that the judge may or shall impose under the Provincial Offences Procedure Act or this section if
(a)
the violation or failure to comply has not resulted in any personal gain to the person accused, and
(b)
the violation or failure to comply was, in the opinion of the judge, inadvertent.
97(6)No proceedings with respect to an offence under subsection (1) or (2) shall be commenced after three years after the date on which the offence was, or is alleged to have been, committed.