S-29.02 - Trust Companies and Savings Companies Act

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314. In determining the penalty, the judge may take into account aggravating factors such as
(1)  the intentional, negligent or reckless nature of the offence;
(2)  the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;
(3)  the offender’s attempts to cover up the offence or his or her failure to try to mitigate its consequences;
(4)  the increase in revenues or decrease in expenses that the offender intended to obtain by committing the offence or by omitting to take measures to prevent it; and
(5)  the offender’s failure to take measures to prevent the commission of the offence or to mitigate its consequences despite the offender’s ability to do so.
A judge who, despite the presence of an aggravating factor, decides to impose the minimum fine must give reasons for the decision.
2018, c. 232018, c. 23, s. 395.
In force: 2019-06-13
314. In determining the penalty, the judge may take into account aggravating factors such as
(1)  the intentional, negligent or reckless nature of the offence;
(2)  the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;
(3)  the offender’s attempts to cover up the offence or his or her failure to try to mitigate its consequences;
(4)  the increase in revenues or decrease in expenses that the offender intended to obtain by committing the offence or by omitting to take measures to prevent it; and
(5)  the offender’s failure to take measures to prevent the commission of the offence or to mitigate its consequences despite the offender’s ability to do so.
A judge who, despite the presence of an aggravating factor, decides to impose the minimum fine must give reasons for the decision.
2018, c. 232018, c. 23, s. 395.