36. If any offence be committed against this act or the regulations, for which an employer is legally responsible, and it appear to the satisfaction of the court before whom the same is tried, that the offence has been committed without the personal consent, concurrence or knowledge of such employer, but by some other person, such court may summon such other person to answer for such offence, and such other person shall be liable to the penalty herein provided for such offence, and on due proof shall be convicted thereof, instead of the employer.
R. S. 1964, c. 150, s. 37.