Offence re failure to comply with order
78(1)Any person who, without reasonable cause, fails or refuses to comply with an order of the Board commits an offence punishable under Part II of the
Provincial Offences Procedure Act as a category F offence.
78(2)As well as imposing a fine the court may stipulate that an additional amount be paid into court for the purpose of satisfying in whole or in part an amount payable by the convicted person under the order in respect of which the violation occurred, and the court shall, in such case, upon receipt of the amount, pay the amount to the person named in the order.
78(3)Except with respect to a payment made under subsection (2), a conviction for an offence under subsection (1) does not relieve the convicted person of the obligation to comply with the order of the Board or to pay any amount established by the Board by way of debt, compensation or penalty under any provision of this Act.
78(4)No prosecution for an offence under subsection (1) shall be instituted without the consent in writing of the Minister.
78(5)A writing by the Minister indicating that the Minister has consented to the prosecution of the person named therein for an offence under this Act alleged to have been committed, or, in the case of a continuing offence, alleged to have commenced on a date therein set out, is a sufficient consent for the purposes of this section to the prosecution of the person for an offence under this section committed or commencing on that date.
78(6)Where an offence under subsection (1) continues for more than one day,
(a)
the minimum fine that may be imposed is the minimum fine set by the
Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b)
the maximum fine that may be imposed is the maximum fine set by the
Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
1984, c.42, s.43; 1990, c.61, s.43; 1994, c.52, s.1; 2022, c.33, s.42