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Linda O’Leary, Kevin O’Leary‘s wife, won’t face jail time in connection with an Ontario boat crash that left two dead at the end of August.

The wife of the Canadian businessman and TV star was charged with careless operation of a vessel contrary to the Canada Shipping Act in connection with the crash, which killed two and injured three on Lake Joseph in Seguin, Ont.

The Public Prosecution Service of Canada (PPSC) prosecutes charges under the Canada Shipping Act, and its initial position included potential jail time for Linda.

“The initial position of the PPSC was that the maximum applicable penalty was a $1 million fine or 18 months prison time or both,” Nathalie Houle, the PPSC’s media relations advisor, told Global News on Friday.

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After reviewing the Act, Houle said the Crown determined that the PPSC’s initial position on maximum allowable penalties “was not accurate.”

“The PPSC has reconsidered the position on maximum penalty in light of the Canada Shipping Act and its regulations and are of the opinion that the maximum applicable penalty for a pleasure craft’s contravention of s. 1007 of the Small Vessel Regulations is $10,000.00,” Houle said in an email.

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Linda’s lawyer, Brian Greenspan, did not immediately respond to request for comment on Friday.

In September, Greenspan contested the prosecutor’s initial position and told the Canadian Press that the penalty for those operating a pleasure craft maxes out at $10,000.

In connection with the crash, Richard Ruh, 57, from Orchard Park, N.Y., has been charged with failing to exhibit a navigation light.

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Ruh’s charge is a set fine, which is akin to a traffic ticket, OPP Staff Sgt. Carolle Dionne told Global News in September.

The crash, which occurred in late August in Seguin, Ont., claimed the lives of Gary Poltash, 64, from Florida, and Suzana Brito, 48, from Uxbridge.

Linda O’Leary is scheduled to appear in provincial offences court in Parry Sound on Oct. 31. In September, Greenspan told Global News that someone from his office will be there on her behalf.

— With files from The Canadian Press

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