C-41 - Trust Companies Act

Section 35 Disposition versions

1987-02-15

35. (1)  Every manager, director, officer or agent of a trust company, and every trust company which, in violation of the provisions of this division, undertakes or transacts or offers or attempts to undertake or to transact, or which advertises or solicits, any business, or which collects or receives money within the meaning of this Act, shall be guilty of an offence, and, on summary proceeding thereof before a judge of the Provincial Court or a justice of the peace having jurisdiction where the offence was committed, shall be liable to a fine of not more than $200 nor less than $20, and costs, and, in default of payment, the offender—if the prosecution be taken against a company, the manager thereof—shall be liable to imprisonment for not more than three months nor less than one month, and, upon every subsequent conviction, to imprisonment for not more than twelve months nor less than three months.

(2)  In any action or proceeding taken in virtue of this division, the burden of proving the registration shall be upon the company or person accused.

(3)  Every information or complaint in a prosecution for offences in virtue of this division shall be in writing within the year following the commission of the offence.

(4)  Every prosecution taken in virtue of the provisions of this Act shall be taken, tried and decided in accordance with the provisions of the Summary Convictions Act (chapter P-15).

R. S. 1964, c. 287, s. 34; 1965 (1st sess.), c. 17, s. 2; 1986, c. 95, s. 110.

1977-12-31

35. (1)  Every manager, director, officer or agent of a trust company, and every trust company which, in violation of the provisions of this division, undertakes or transacts or offers or attempts to undertake or to transact, or which advertises or solicits, any business, or which collects or receives money within the meaning of this act, shall be guilty of an offence, and, on summary proceeding thereof before a judge of the Provincial Court or a justice of the peace having jurisdiction where the offence was committed, shall be liable to a fine of not more than $200 nor less than $20, and costs, and, in default of payment, the offender—if the prosecution be taken against a company, the manager thereof—shall be liable to imprisonment for not more than three months nor less than one month, and, upon every subsequent conviction, to imprisonment with hard labour for not more than twelve months nor less than three months.

(2)  In any action or proceeding taken in virtue of this division, the burden of proving the registration shall be upon the company or person accused.

(3)  Every information or complaint in a prosecution for offences in virtue of this division shall be in writing within the year following the commission of the offence.

(4)  Every prosecution taken in virtue of the provisions of this act shall be taken, tried and decided in accordance with the provisions of the Summary Convictions Act (chapter P-15).

R. S. 1964, c. 287, s. 34; 1965 (1st sess.), c. 17, s. 2.