INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the criminal offence and potential consequences for individuals who do not collect or under-collect fees/charges that are their responsibility to collect.
SECTION WORDING
393(1) Every one whose duty it is to collect a fare, toll, ticket or admission who wilfully (a) fails to collect it, (b) collects less than the proper amount payable in respect thereof, or (c) accepts any valuable consideration for failing to collect it or for collecting less than the proper amount payable in respect thereof, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
EXPLANATION
Section 393(1) of the Criminal Code of Canada deals with the offense of failing to collect a fare, toll, ticket, or admission fee. This section pertains to individuals whose job requires them to collect the aforementioned fees. It is a crime under this section if the individual willfully fails to collect the fee, collects less than the appropriate amount, or accepts any valuable consideration in exchange for failing to collect the fee or collecting less than the appropriate amount. The offense is classified as an indictable offense, which means that the accused could face imprisonment for a maximum term of two years. The severity of the punishment highlights the seriousness with which the Canadian justice system regards the offense of failing to collect fees for public services. The section is essential as it ensures that individuals and organizations do not cheat the government, public institutions or other private organizations out of their dues. It also helps to maintain the integrity of public services by ensuring that there are no unauthorized practices regarding the collection and distribution of revenues. In conclusion, section 393(1) of the Criminal Code of Canada sets clear guidelines on the proper handling of fees for public and private organizations. The provision also serves as a deterrent against fraudulent activities that cheat people and organizations out of their dues.
COMMENTARY
Section 393(1) of the Criminal Code of Canada deals with the offence of failing to collect the proper fare, toll, ticket, or admission fee and also the acceptance of valuable consideration for failing to collect the right amount. This provision is essential for maintaining the integrity of ticketing and payment systems, ensuring that there is a fair and equal distribution of costs, and preventing fraudulent behaviour. The importance of this provision can be seen in various types of situations where fare, toll, or ticket collections are involved. For instance, in the transportation industry, fare collection is crucial to ensure that costs are shared equally among passengers. Similarly, in the entertainment industry, ticket sales are necessary for funding and maintaining events, thus earning revenue to fund other cultural activities. The provision of Section 393(1) makes it clear that anyone who fails to collect the proper amount or accepts valuable compensation for not doing so commits an indictable offence and is subject to imprisonment for up to two years. This kind of strict liability offence mirrors the gravity of the issue, preventing any malicious or negligent action that can harm the financial system or deprive others of equal treatment. Furthermore, the provision is broad enough to cover any valuable compensation, whether it be cash, gifts, or any other form of payment. This allows for a wide scope of transparency in the collection of fares, tolls, and tickets, effectively curbing any potential fraudulent or illicit activities. Section 393(1) also emphasizes the importance of duty. Those assigned to collect fares, tolls, or tickets are explicitly tasked with collecting the full amount due from passengers or customers. They have a legal commitment to carry out this duty, and the provision of valuable consideration to incentivize them to do anything different is considered a criminal offence. In some cases, the omission of proper collections could be an honest mistake. This provision, however, specifically uses the word "wilfully", thereby increasing the level of culpability. If the accused is found to have known that they weren't carrying out the appropriate collection and still continued to accept less, they are guilty of this offence. In sum, Section 393(1) of the Criminal Code of Canada is an essential provision that ensures the proper functioning of financial systems and the integrity of ticketing obligations. It emphasizes the importance of equal distribution of costs and the responsibility of individuals to carry out their assigned duties with honesty and integrity. The severity of the punishment for this offence signifies the detrimental impact that failure to abide by these principles will have on the society, and it stands as a strong deterrent for any malicious or negligent behaviour in the future.
STRATEGY
Section 393(1) of the Criminal Code of Canada deals with the offence of failing to collect or collecting less than the proper amount of fare, toll, ticket, or admission. This offense is taken very seriously, and those found guilty can face imprisonment for up to two years. It is therefore essential to consider some strategic approaches when dealing with this section of the Criminal Code. One of the main strategies that could be employed when dealing with section 393(1) is to ensure that there are clear policies and procedures in place for the collection of fares, tickets, and other payments. These policies should be communicated to staff repeatedly to ensure that everyone knows the consequences of failing to collect the appropriate fees. Regular training sessions can also be arranged to keep employees up to date with the latest information, policies, and procedures. Another critical strategy is to have proper systems in place for recording the collection of payments. These systems should be accurate, up-to-date, and ensure that there are no discrepancies between the amount collected and the amount that should be collected. It is also essential to have a proper system for reporting any discrepancies as soon as they are identified. In addition to internal policies and procedures, it is also important to have open communication with the public, especially with regards to the issue of fares. Clear signage and other communication tools can be used to ensure that everyone understands what is required of them, so there are no misunderstandings or confusion. Another strategic approach that can be used is to conduct regular audits, which can identify potential problems before they become major issues. These audits can also establish whether any employees are engaging in unethical behavior, such as accepting bribes or kickbacks. It is also important to have a robust investigation and disciplinary process in place to deal with any breaches of section 393(1). The investigation process should be thorough and conducted promptly to ensure that the facts are gathered and analyzed as quickly as possible. Similarly, the disciplinary process should be fair and consistent, and the penalties imposed should be appropriate and proportionate to the severity of the offence. In conclusion, section 393(1) of the Criminal Code of Canada is a serious offense, and those found guilty can face imprisonment for up to two years. It is therefore imperative to have clear policies and procedures in place for the collection of payments, as well as systems for recording, reporting, and auditing these payments. Open communication with the public and regular training and auditing can also help prevent breaches of this provision. Finally, a robust investigation and disciplinary process should be in place to deal with any breaches in a fair and consistent manner. By adopting these strategies, organizations and individuals can ensure compliance with section 393(1) and avoid the serious consequences of violating this law.