Section 46 – Offence re: Directors' liability
Offence re: Directors' liability - s. 46(1)
Where a recruiter, person acting on behalf of a recruiter or an employer is a corporation and an order to repay fees or costs has been issued against a director of the corporation, s. 46(1) provides that the director is guilty of an offence if he or she fails to comply with the order, either as issued, where no application for review is made, or as amended or affirmed by the Ontario Labour Relations Board, where a review takes place and the Board amends or affirms the order.
The provision should be read in conjunction with s. 46(2) below which establishes a maximum fine for directors under s. 46.
Penalty - s. 46(2)
Subsection 46(2) provides that a director convicted under s. 46(1) is liable to a fine of not more than $50,000. (Note that directors convicted under s. 46(1) are not liable to imprisonment.)