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                           Any 
                            orgnisation convicted of either of the two negligence 
                            offences could be sentenced to any level of fine that 
                            the court considers appropriate.  
                          However 
                            section 718.21 of the updated Canadian Criminal Code 
                            states that the court should take into consideration 
                            a number of factors": 
                           
                             
                              | (a) | 
                              any 
                                advantages realised by the organisation as a result 
                                of the offence; | 
                             
                             
                              | (b) | 
                              the 
                                degree of planning involved in carrying out the 
                                offence and the duration and complexity of the 
                                offence; | 
                             
                             
                              | (c) | 
                              whether 
                                the organisation has attempted to conceal its 
                                assets or convert them in order to show that it 
                                is not able to pay a fine or make restitution; | 
                             
                             
                              | (d) | 
                              the 
                                impact that the sentence would have on the economic 
                                viability of the organisation and the continued 
                                employment of its employees; | 
                             
                             
                              | (e) | 
                              the 
                                cost to public authorities of the investigation 
                                and prosecution of the offence; | 
                             
                             
                              | (f) | 
                              any 
                                regulatory penalty imposed on the organisation 
                                or one of its representatives in respect of the 
                                conduct that formed the basis of the offence; | 
                             
                             
                              | (g) | 
                              whether 
                                the organisation was  or any of its representatives 
                                who were involved in the commission of the offence 
                                were  convicted of a similar offence or 
                                sanction by a regulatory body for similar conduct; | 
                             
                             
                              | (h) | 
                              any 
                                penalty imposed by the organisation on a representative 
                                for their role in the commission of the offence; | 
                             
                             
                              | (i) | 
                              any 
                                restitution that the organisation is ordered to 
                                make or any amount the organisation has paid to 
                                a victim of the offence; and | 
                             
                             
                              | (j) | 
                              any 
                                measures that the organisation has taken to reduce 
                                the likelihood of its committing a subsequent 
                                offence. | 
                             
                           
                          In 
                            addition section 721.1 of the update Canadian Criminal 
                            Code allows the court to instruct a probation officer: 
                           
                             
                              to prepare and file with the court a report 
                              in writing relating to the accused for the purpose 
                              of assisting the court in imposing a sentence or 
                              in determining whether the accused should be discharged. 
                           
                          Section 
                            732.1 (3.1) of the updated Code deals with probation 
                            orders. These can already be served upon corporations 
                            following conviction of a criminal (including regulatory) 
                            offences in some jurisdictions of Canada. Section 
                            732.1 (3.1) lists additional conditions of such probation 
                            orders that the court may impose following a conviction. 
                            These are to:  
                             
                           
                             
                              | (a) | 
                               
                                make restitution to the person for any loss or 
                                damage that they suffered as a result of the offence; | 
                             
                             
                              | (b) | 
                              establish 
                                policies, standards and procedures to reduce the 
                                likelihood of the organisation committing a subsequent 
                                offence; | 
                             
                             
                              | (c) | 
                              communicates 
                                those policies, standards and procedures to its 
                                representatives; | 
                             
                             
                              | (d) | 
                              report 
                                to the court on the implementation of those policies, 
                                standards and procedures; | 
                             
                             
                              | (e) | 
                              identify 
                                the senior officer who is responsible for the 
                                compliance with those policies, standards and 
                                procedures | 
                             
                             
                              | (f) | 
                              provide 
                                in the manner specified by the court the following 
                                information to the public names, 
                                 
                                
                                   
                                    | (i) | 
                                    the 
                                      offence of which the organisation was convicted; | 
                                   
                                   
                                    | (ii) | 
                                    the 
                                      sentence imposed by the court and | 
                                   
                                   
                                    | (iii) | 
                                    any 
                                      measures that the organisation is taking 
                                       including any policies, standards 
                                      and procedures established to resute to 
                                      the likelihood of it committing a subsequent 
                                      offence; and | 
                                   
                                 
                               | 
                             
                             
                              | (g) | 
                              comply 
                                with any other reasonable conditions that the 
                                court considers desirable to prevent the organisation 
                                from committing subsequent offences or to remedy 
                                the harm caused by the offence. | 
                             
                           
                            
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