(2) In deciding whether
things done or omitted to be done by the executive officer constitute
reasonable steps for subsection (1) (b) , a court must have regard toâ
(a)
whether the officer knew, or ought reasonably to have known, of the
corporationâs conduct constituting the offence against the
executive liability provision; and
(b) whether the officer was in a position
to influence the corporationâs conduct in relation to the offence against
the executive liability provision; and
(c) any other relevant matter.
(3)
The executive officer may be proceeded against for, and convicted of, an
offence against subsection (1) whether or not the corporation has been
proceeded against for, or convicted of, the offence against the
executive liability provision.
(b) the liability, under the Criminal Code
, chapter 2 , of any person, whether or not the person is an executive officer
of the corporation, for the offence against the executive liability provision.
(5) In this sectionâ
"executive liability provision" means any of the following provisionsâ