Acts and Regulations

B-9.1 - Business Corporations Act

Section 175
Disposition versions

Full text
Offences
175(1)A person who knowingly makes or assists in making a report, return, notice or other document required by this Act or the regulations to be sent to the Director or to any other person that
(a) contains an untrue statement of a material fact, or
(b) omits to state a material fact required therein or necessary to make a statement contained therein not misleading in the light of the circumstances in which it was made,
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
175(2)When a body corporate commits an offence under subsection (1), any director or officer of the body corporate who knowingly authorized, permitted or acquiesced in the commission of the offence is a party to and commits the offence and on conviction is liable to the punishment provided for the offence, whether or not the body corporate has been prosecuted or convicted.
175(3)No person is guilty of an offence under subsection (1) or (2) if the person did not know, and in the exercise of reasonable diligence could not have known, of the untrue statement or omission.
2008, c.11, s.4; 2023, c.2, s.120
Offences
175(1)A person who knowingly makes or assists in making a report, return, notice or other document required by this Act or the regulations to be sent to the Director or to any other person that
(a) contains an untrue statement of a material fact, or
(b) omits to state a material fact required therein or necessary to make a statement contained therein not misleading in the light of the circumstances in which it was made,
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
175(2)If the person who commits an offence under subsection (1) is a body corporate, then, whether or not the body corporate has been prosecuted or convicted, any director or officer of the body corporate who knowingly authorizes, permits or acquiesces in such failure commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
175(3)No person commits an offence under subsection (1) or (2) if the untrue statement or omission was unknown to him and in the exercise of reasonable diligence could not have been known to him.
2008, c.11, s.4
Offences
175(1)A person who knowingly makes or assists in making a report, return, notice or other document required by this Act or the regulations to be sent to the Director or to any other person that
(a) contains an untrue statement of a material fact, or
(b) omits to state a material fact required therein or necessary to make a statement contained therein not misleading in the light of the circumstances in which it was made,
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
175(2)If the person who commits an offence under subsection (1) is a body corporate, then, whether or not the body corporate has been prosecuted or convicted, any director or officer of the body corporate who knowingly authorizes, permits or acquiesces in such failure commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
175(3)No person commits an offence under subsection (1) or (2) if the untrue statement or omission was unknown to him and in the exercise of reasonable diligence could not have been known to him.
2008, c.11, s.4
Offences
175(1)A person who knowingly makes or assists in making a report, return, notice or other document required by this Act or the regulations to be sent to the Director or to any other person that
(a) contains an untrue statement of a material fact, or
(b) omits to state a material fact required therein or necessary to make a statement contained therein not misleading in the light of the circumstances in which it was made,
commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both and in default of payment of a fine is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act.
175(2)If the person who commits an offence under subsection (1) is a body corporate, then, whether or not the body corporate has been prosecuted or convicted, any director or officer of the body corporate who knowingly authorizes, permits or acquiesces in such failure commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both and in default of payment of a fine is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act.
175(3)No person commits an offence under subsection (1) or (2) if the untrue statement or omission was unknown to him and in the exercise of reasonable diligence could not have been known to him.