A-5.01 - Act respecting clinical and research activities relating to assisted procreation

Section 41.1 Disposition versions

2015-11-10

41.1. In determining the penalty, the judge takes into account, among other things, the following aggravating factors:

(1)  the seriousness of the harm, or the risk of serious harm, to the health of a person who resorted to assisted procreation activities, or any child born of such activities;

(2)  the intentional, negligent or reckless nature of the offence;

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

(4)  the cost to society of making reparation for the injury or damage caused;

(5)  the increase in revenues or decrease in expenses that the offender obtained, or intended to obtain, by committing the offence or by omitting to take measures to prevent it.

A judge who, despite the presence of an aggravating factor listed in the first paragraph, decides to impose the minimum fine must give reasons for the decision.

2015, c. 25, s. 14.