A-2.1 - Act respecting Access to documents held by public bodies and the Protection of personal information

Section 160 Disposition versions

2023-09-22

160. In determining the penalty, the judge shall take into account the following factors, among others:

(1)  the nature, seriousness, repetitiveness and duration of the offence;

(2)  the sensitivity of the personal information concerned by the offence;

(3)  whether the offender acted intentionally or was negligent or reckless;

(4)  the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;

(5)  the offender’s attempts to cover up the offence or failure to try to mitigate its consequences;

(6)  whether the offender failed to take reasonable measures to prevent the commission of the offence;

(7)  whether the offender obtained or intended to obtain an increase in revenues or a decrease in expenses by committing the offence or by omitting to take measures to prevent it; and

(8)  the number of persons concerned by the offence and the risk of injury to which they are exposed.

1982, c. 30, s. 160; 1990, c. 4, s. 25; 2006, c. 22, s. 104; 2021, c. 25, s. 69.

2006-06-14

160. Every person who impedes the progress of an inquiry or inspection or the examination of a request or application by the Commission by knowingly providing it with false or inaccurate information, or otherwise, is guilty of an offence and is liable to the fine established in section 159.

1982, c. 30, s. 160; 1990, c. 4, s. 25; 2006, c. 22, s. 104.

1999-04-01

160. Every person who impedes the progress of an inquiry or examination of a request or application by the Commission by knowingly providing it with false or inaccurate information, or otherwise, is guilty of an offence and is liable to the fine established in section 159.

1982, c. 30, s. 160; 1990, c. 4, s. 25.

1984-07-01

160. Every person who impedes the progress of an inquiry or examination of a request or application by the Commission by knowingly providing it with false or inaccurate information, or otherwise, is guilty of an offence and is liable, in addition to costs, to the fine established in section 159.

1982, c. 30, s. 160.