CHAPTER VI : OFFENCES AND PENALTIES

63. A person may not use a recognized reserved designation or authorized added-value claim on a product, its packaging or its labelling, in advertising or commercial documents or in the presentation of a product unless the person is registered with an accredited certification body and the product is certified by such a body as compliant with the applicable specification manual or regulation.

A person to whom a specification manual or a regulation authorizing an added-value claim applies or whose activities are regulated by such a manual or regulation and who contravenes the first paragraph is guilty of an offence and is liable to the fines set out in section 68.

1996, c. 4, s. 63. not in effect

64. No person may sell or keep for sale a product bearing a recognized reserved designation or authorized added-value claim unless the product is certified by an accredited certification body.

1996, c. 4, s. 64. not in effect

65. In the absence of any evidence to the contrary, persons in possession of a product in a quantity that exceeds the quantity they need for their own consumption are presumed to intend the product for sale.

1996, c. 4, s. 65. not in effect

66. If a legal person, partnership, association or body commits an offence under this Act or a regulation, any director, officer, employee, partner or mandatary of the legal person, partnership, association or body who directed, authorized, advised or consented to the commission of the offence is deemed a party to the offence and is liable to the same penalty as that prescribed for committing the offence, whether or not the legal person, partnership, association or body has been prosecuted, convicted or deemed convicted.

1996, c. 4, s. 66. not in effect

67. A person that advises, encourages or incites a person to commit an offence or participates in an offence committed by another person is guilty of the offence and is liable to the penalty prescribed for the offence.

1996, c. 4, s. 67. not in effect

68. A person that contravenes a provision of section 48 or 64 or a provision of a regulation under paragraph 4 of section 57 is guilty of an offence and is liable to a fine of not less than $2,000 nor more than $20,000 and, for a subsequent offence, to a fine of not less than $4,000 nor more than $60,000.

In determining the amount of the fine, the court takes into account such factors as the benefits the offender has derived from the offence and its social and economic consequences.

1996, c. 4, s. 68. not in effect

69. Penal proceedings for an offence under section 63 or 68 may be instituted by the Board in accordance with article 10 of the Code of Penal Procedure (R.S.Q., chapter C-25.1).

1996, c. 4, s. 69. not in effect

70. The fine imposed for an offence belongs to the Board if it instituted the penal proceedings.

1996, c. 4, s. 70. not in effect