Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations

HPA Section 31 - Trial of Offence

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31. A complaint or information in respect of an offence under section 28 may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction.

Interpretation / Discussion of Section 31

This section permits a choice of the place in which the charges will be laid and the trial will occur: the place the offence occurred or the place in which the accused resides; i.e., it provides for court proceedings to occur near the residence or place of business of the accused, rather than where the alleged offence occurred.