Section 173H
Penalty for breach under sections 173, 173A, 173B, 173C and 173G
(1)
If default is made by a company in section 173A(1) or 173C, the company and every officer of the company who is in default shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and also to a default penalty.
(2)
Subject to subsection (3) —
a director, a chief executive officer, a secretary or an auditor who being bound to comply with a requirement under section 173B fails to do so; or
a director, a chief executive officer or a secretary who being bound to comply with a requirement under section 173G(1) or (2) fails to do so,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and also to a default penalty.
(3)
A director, a chief executive officer or a secretary who has opted to provide the company with an alternate address instead of his or her residential address for the purpose of section 173(3)(b), (5)(b) or (6)(b) (as the case may be) must ensure that the alternate address that he or she has provided is and continues to be an address at which he or she may be located, and if he or she fails to do so he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(4)
For the purposes of subsection (3), a reference to the director, chief executive officer or secretary being located at an address means the director, chief executive officer or secretary may be physically found at the address after reasonable attempts have been made to contact the person at the address.