OFM - 28(3)

PART VII - Subsection 28.(3)

PART VII
FPPA Opinions & Applications

Subsection 28.(3) Penalty for an Offence

SUBSECTION 28.(3)

"An individual convicted of an offence under subsection (1) is liable to,

1. in the case of an offence other than one described in clause (b), a fine of not more than $10,000 or imprisonment for a term of not more than one year, or both; and
 

2. in the case of an offence for contravention of the fire code, a fine of not more than $25,000 or imprisonment for a term of not more than one year, or both."
 

INTENT:

To identify the different fines and terms of imprisonment based on offences under the FPPA and under the Ontario Fire Code.
 

APPLICATION:

 

Q1:

Clause 28.(3)(a) refers to clause (b). To which subsection is this meant to refer to: 28.(1) or 28.(3)?
 

A1:

Typically, the procedure when reading legislation is that when one clause refers to another, it is within the same subsection, unless the subsection is further described.
Therefore, in subsection 28.(3), an individual who is guilty of an offence described under 28.(1) will be fined or be imprisoned or both under 28.(3)(a), while clause 28.(3)(b) provides additional fines and imprisonment for offences against the fire code.