This section applies to a remuneration consultant who makes a remuneration recommendation in relation to one or more members of the key management personnel for a company that is a disclosing entity.
The remuneration consultant must include with the recommendation a declaration about whether the consultant's recommendation is made free from undue influence by the member or members of the key management personnel to whom the recommendation relates.
Note: Failure to comply with this subsection is an offence: see subsection 1311(1).
An offence based on subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.