(1) The court may order the offender to pay, as part of the penalty for
committing the offence, an additional penalty of an amount the court is
satisfied, on the balance of probabilities, represents the amount of any
monetary benefits acquired by the offender, or accrued or accruing to
the offender, as a result of the commission of the offence.
(2) The amount of
an additional penalty for an offence is not subject to any maximum amount of
penalty provided elsewhere by or under this Act.
(3) For subsection (1), the
prosecutor may submit to the court a reasonable estimate of the amount of
monetary benefits acquired by, or accrued or accruing to, a person as a result
of the commission of the offence.
(3A) The reasonable estimate may be
calculated--
(a) in accordance with a protocol prescribed by the regulations,
or
(b) using another method, formula or approach the prosecutor considers
appropriate.