FINES AND IMPRISONMENT

Regulations that provide for fines or imprisonment for a breach of their provisions are invalid unless there is express authority in the enabling Act to enact provisions respecting fines or imprisonment.^[1]

"Punishment" is the generic word that should be used to denote all forms of punishment imposed or recoverable by criminal proceedings; e.g., fines, penalties, imprisonment or forfeiture.

Headings with respect to offence provisions should read "Offence and Punishment". "Penalties" or "Offence and Penalties" should not be used.

For pecuniary punishments recoverable by criminal proceedings, the word "fine", not "penalty", should be used.

"Penalty" should not be used with respect to pecuniary punishment unless it is in addition to a fine (i.e., the words "fine" and "penalty" are used together) or it is recoverable by civil proceedings.

Part 4 – Table of contents

Footnote

• ^[1] P. Salembier, Regulatory Law and Practice in Canada, Lexis Nexis Canada Inc. 2004, p. 327