90.9(1)Subject to subsection (2),
(a)
a person who fails to comply with section 90.4 or 90.5 commits an offence punishable under Part II of the
Provincial Offences Procedure Act as a category F offence, and
(b)
a person who fails to comply with section 90.8 commits an offence punishable under Part II of the
Provincial Offences Procedure Act as a category H offence, and
in addition to or in lieu of any sentence which may be imposed in accordance with the
Provincial Offences Procedure Act, the Court may make one or more of the following orders, namely
(c)
order the person to resign his office or position on such terms and conditions as the Court prescribes,
(d)
prohibit the person from holding that office or position or any other specified office or position during such period of time as the Court prescribes,
(e)
where the contravention has resulted in financial gain to the person or a family associate, to return any gain realized thereby in accordance with terms and conditions imposed by the Court, or
(f)
make any other order that the Court considers appropriate in the circumstances,
and a failure to comply with any such order shall be deemed to be a contempt in the face of the Court and is punishable as such.
90.9(2)Notwithstanding that an offence has been committed under subsection (1), the Court may give an absolute discharge to any person where
(a)
the violation has not resulted in any personal gain to the person accused, and
(b)
the violation was, in the opinion of the Court, one of mere inadvertence.
90.9(3)A prosecution may be instituted with respect to an offence under subsection (1) at any time within three years after the offence was committed.
1981, c.52, s.12; 1982, c.43, s.7; 1983, c.56, s.8; 1990, c.61, s.89