A-32.1 - Insurers Act

Article 524 Versions de la disposition

2019-06-13

524. 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 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 reasonable measures to prevent the commission of the offence or 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. 23, s. 3.

Non en vigueur

In force: 2019-06-13

524. 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 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 reasonable measures to prevent the commission of the offence or 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. 23, s. 3.