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I-13.2.2 - Deposit Institutions and Deposit Protection Act

Section 48
Disposition versions

Full text
48. When determining a fine higher than the minimum fine prescribed in this Act, or when determining the time within which an amount must be paid, the judge may take into account the offender’s inability to pay, provided the offender furnishes proof of assets and liabilities.
1966-67, c. 73, s. 45; 1983, c. 10, s. 31; 1990, c. 4, s. 71; 2008, c. 7, s. 16; 2018, c. 23, s. 385.
48. Every person convicted of an offence under this Act or the regulations is liable to a minimum fine of $1,000 for a natural person and $3,000 for a legal person, double the profit realized or one fifth of the sums entrusted to or collected by the person, whichever is the greatest amount.
However, in the case of an offence under subparagraph a, b or d of the first paragraph of section 46, the minimum fine is $5,000, double the profit realized or one fifth of the sums entrusted to or collected by the person, whichever is the greatest amount.
In all cases, the maximum fine is $50,000 for a natural person and $200,000 for a legal person, four times the profit realized or half the sums entrusted to or collected by the person, whichever is the greatest amount.
In the case of a second or subsequent conviction, the minimum and maximum fines are doubled.
1966-67, c. 73, s. 45; 1983, c. 10, s. 31; 1990, c. 4, s. 71; 2008, c. 7, s. 16.
48. Every institution or person contemplated in section 47 convicted of an offence against a provision of this Act or the regulations thereunder is liable to a fine of $1 000 to $25 000 and, in the case of a second or subsequent conviction, to a fine of $5 000 to $50 000.
Every other person convicted of an offence against a provision of this Act or the regulations thereunder is liable to a fine of $500 to $10 000 and, in the case of a second or subsequent conviction, to a fine of $1 000 to $20 000.
1966-67, c. 73, s. 45; 1983, c. 10, s. 31; 1990, c. 4, s. 71.
48. Every institution or person contemplated in section 47 that is found guilty of an offence against this Act or the regulations is liable, in addition to costs, to a fine of not less than $1 000 nor more than $25 000 for each offence and to a fine of not less than $5 000 nor more than $50 000 for each subsequent offence committed within two years.
Every other person found guilty of an offence against this Act or the regulations is liable, in addition to costs, to a fine of not less than $500 nor more than $10 000 for each offence and not less than $1 000 nor more than $20 000 for each subsequent offence committed within two years.
1966-67, c. 73, s. 45; 1983, c. 10, s. 31.
48. Every institution or person contemplated in section 47 that is found guilty of an infringement of this act or the regulations is liable, on summary proceeding, to a fine of not less than $1,000 nor more than $25,000 for each offence and to a fine of not less than $5,000 nor more than $50,000 for each subsequent offence committed within two years; every other person found guilty of an infringement of this act or of the regulations is liable, on summary proceeding, to a fine of $200 to $2,000 for each offence and of $500 to $10,000 for each subsequent offence committed within two years.
1966-67, c. 73, s. 45.
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