Offences and penalties
16(1)A person commits an offence punishable under Part 2 of the
Provincial Offences Procedure Act as a category F offence if, after taking the oath or affirmation set out in section 6, the person
(a)
wilfully makes any false declaration, statement or return in the performance of his or her duties,
(b)
in the pretended performance of his or her duties, obtains or seeks to obtain information that he or she is not duly authorized to obtain,
(c)
violates paragraph 14(1)(
b),
(d)
wilfully discloses or divulges directly or indirectly to any person not entitled under this Act to receive it, any information obtained by him or her in the course of his or her employment that might exert an influence on or affect the market value of any stocks, bonds or other security or any product or article, or
(e)
uses any such information for the purpose of speculating in any stocks, bonds or other security or any product or article.
16(2)A person commits an offence punishable under Part 2 of the
Provincial Offences Procedure Act as a category C offence if the person, without lawful excuse,
(a)
refuses or neglects to answer, or wilfully answers falsely, any question requisite for obtaining any information sought in respect of the objects of this Act or pertinent to it that has been asked of that person by any person employed under this Act, or
(b)
refuses or neglects to furnish any information or to fill in to the best of that person’s knowledge and belief any schedule or form that that person has been required to fill in, and to return it when and as required of that person under this Act, or knowingly gives false or misleading information or practises any other deception under this Act.
16(3)A person commits an offence punishable under Part 2 of the
Provincial Offences Procedure Act as a category C offence if the person
(a)
having the custody or charge of any documents or records that are maintained in any department, office of a local government, company, business or organization, from which information sought in respect of the objects of this Act can be obtained or that would aid in the completion or correction of the information, refuses or neglects to grant access to it to any person authorized for that purpose by the Director, or
(b)
otherwise in any way wilfully obstructs or attempts to obstruct any person employed in the execution of any duty under this Act.
16(4)A person who falsely represents himself or herself to be making an inquiry under the authority of this Act or under the authority of the Minister or Director commits an offence punishable under Part 2 of the
Provincial Offences Procedure Act as a category F offence.
1984, c.S-12.3, s.16, s.17, s.18, s.19; 1990, c.61, s.134; 2005, c.7, s.79; 2017, c.20, s.172