Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 94
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Parties to an offence
94(1)Every person who is a party to an offence may be charged with, convicted of and sentenced for that offence.
94(2)The following persons are parties to an offence:
(a) a person who commits an offence,
(b) a person who aids or abets another person in committing or otherwise being a party to an offence,
(c) a person at whose instigation another person commits or is otherwise a party to an offence,
(d) a person who participates in an agreement in consequence of which another person commits or is otherwise a party to an offence which was likely to result from the agreement,
(e) a person on whose behalf another person commits or is otherwise a party to an offence, unless
(i) the person first mentioned did not know that the offence was to be committed, or
(ii) the person first mentioned took reasonable steps to prevent the commission of the offence,
(f) a person who is the employer or principal of a person who, in the course of employment or agency, commits or is otherwise a party to an offence, unless the employer or principal establishes
(i) that the employer or principal did not know of or consent to the action or omission of the employee or agent, and
(ii) that the employer or principal exercised all due diligence to prevent the action or omission of the employee or agent,
(g) a person who, being an officer or director of a corporation that commits or is otherwise a party to an offence, directs, authorizes, assents to or acquiesces in the action or omission of the corporation, and
(h) a person who
(i) is the supervisor of some other person who, in the course of employment, commits or is otherwise party to an offence that the supervisor ought reasonably to have prevented from occurring, and
(ii) fails to exercise due diligence to prevent the action or omission of the person supervised.
94(3)For the purpose of establishing that a person is a party to an offence, it is not necessary that any person other than the person charged should have been specifically identified, charged or convicted as having committed or otherwise been a party to the offence, and it is sufficient to establish as a matter of evidence
(a) that an offence has been committed by some person, or
(b) that a person who cannot be convicted of an offence has done something which, if done by a person liable to conviction, would have constituted an offence.
1990, c.18, s.51