The rationale behind including that provision was to ensure that there wouldn't be undue hardship in the allocation of fines. There are certainly situations. Our fine structure specifies different categories--individuals, small corporations, and then others. In each of those categories there's a wide range of individuals or corporations that could be charged. In the situation of quite a small business, it's traditional for the judiciary to consider many factors and ensure that they're not putting a sentence in place that would cause undue hardship. This provision itself states quite clearly that undue hardship would have to be proven, and that's quite a hurdle. In addition, the judge would have to provide reasons for that in the event that clause is relied on.
