P-29 - Food Products Act

Section 46.1 Disposition versions

2021-10-06

46.1. In determining the amount of the fine, the court shall take into account, in particular,

(1)  the seriousness of the risk to consumers’ health;

(2)  the benefits and revenues the offender has derived from the offence;

(3)  the socio-economic consequences for society;

(4)  the duration of the offence;

(5)  the repetitive nature of the offence;

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

(7)  the condition of the establishment, premises or vehicle where or in which the product is kept;

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

(9)  the offender’s failure to take reasonable measures to prevent the commission of the offence or mitigate its effects despite the offender’s financial ability to do so, given such considerations as the size of the offender’s undertaking and the offender’s assets, turnover and revenues.

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

2000, c. 26, s. 50; 2021, c. 29, s. 44.

2000-06-16

46.1. In determining the amount of the fine, the court shall take into account, in particular,

(1)  the seriousness of the risk to consumers’ health ;

(2)  the benefits and revenues the offender has derived from the offence ;

(3)  the socio-economic consequences for society.

2000, c. 26, s. 50.