Species at Risk Act (S.C. 2002, c. 29)

Act current to 2017-10-13 and last amended on 2017-06-20. Previous Versions

Marginal note:Terms and conditions in agreement
  •  (1) An alternative measures agreement may contain any terms and conditions, including

    • (a) terms and conditions having any or all of the effects set out in section 105 or any other terms and conditions having any of the effects prescribed by regulations that the Attorney General, after consultation with the competent minister, considers appropriate; and

    • (b) terms and conditions relating to the costs associated with ensuring compliance with the agreement.

  • Marginal note:Supervision of compliance

    (2) Any governmental organization may supervise compliance with the agreement.

Marginal note:Duration of agreement

 An alternative measures agreement comes into effect on the day on which it is concluded or on any later day that is specified in the agreement and continues in effect for a period of not more than three years.

Marginal note:Filing in court for purpose of public access
  •  (1) The Attorney General must consult the competent minister before concluding an alternative measures agreement and, subject to subsection (5), must have the agreement filed with the court in which the information was laid within 30 days after the agreement is concluded. The agreement is to be filed as part of the court record of the proceedings to which the public has access.

  • Marginal note:Reports

    (2) A report relating to the administration of, and compliance with, the agreement must be filed with the same court by the Attorney General immediately after all the terms and conditions of the agreement have been complied with or the charges in respect of which the agreement was entered into have been dismissed.

  • Marginal note:Third party information

    (3) Subject to subsection (4), if any of the following information is to be part of the agreement or the report, it must be set out in a schedule to the agreement or to the report:

    • (a) trade secrets of any person;

    • (b) financial, commercial, scientific or technical information that is confidential information and is treated consistently in a confidential manner by any person;

    • (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to any person, or could reasonably be expected to prejudice the competitive position of any person; or

    • (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person.

  • Marginal note:Agreement on information to be in schedule

    (4) The parties to the agreement must agree on which information that is to be part of the agreement or the report is information that meets the requirements of paragraphs (3)(a) to (d).

  • Marginal note:How schedule is to be kept secret

    (5) The schedule is confidential and must not be filed with the court.

  • Marginal note:Prohibition of disclosure

    (6) The competent minister must not disclose any information set out in a schedule to the agreement or to the report, except as authorized by section 117 or the Access to Information Act.

Marginal note:Stay of proceedings
  •  (1) Despite section 579 of the Criminal Code, the Attorney General must, on filing an alternative measures agreement, stay the proceedings in respect of the alleged offence, or apply to the court for an adjournment of the proceedings, for a period of not more than one year after the expiry of the agreement.

  • Marginal note:Recommencement of proceedings

    (2) Proceedings stayed under subsection (1) may be recommenced without laying a new information or preferring a new indictment, as the case may be, by the Attorney General giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered. If no such notice is given within one year after the expiry of the agreement, the proceedings are deemed to have never been commenced.

Marginal note:Application to vary agreement
  •  (1) Subject to subsections 111(2) and (3), the Attorney General may vary the terms and conditions of an alternative measures agreement on application by the person bound by the agreement and after consultation with the competent minister. The Attorney General must be of the opinion that the variation is desirable because of a material change in the circumstances since the agreement was concluded or last varied. The variation may include

    • (a) decreasing the period for which the agreement is to remain in force; and

    • (b) relieving the person of compliance with any condition that is specified in the agreement, either absolutely or partially or for any period that the Attorney General considers desirable.

  • Marginal note:Filing varied agreement

    (2) An agreement that has been varied must be filed in accordance with section 111 with the court in which the original agreement was filed.

Marginal note:Application of provisions dealing with records

 Sections 115 to 117 apply only in respect of persons who have entered into an alternative measures agreement, regardless of the degree of their compliance with the terms and conditions of the agreement.

Marginal note:Disclosure of information by peace officer or enforcement officer

 Where it is necessary in the conduct of an investigation of an offence, a peace officer or enforcement officer may disclose to a department or agency of a government in Canada any information in a record relating to an offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person.

Marginal note:Government records
  •  (1) The competent minister, any enforcement officer and any department or agency of a government in Canada with which the competent minister has entered into an agreement under section 10 may keep records and use information obtained as a result of the use of alternative measures to deal with a person

    • (a) for the purposes of an inspection under this Act or an investigation of an offence alleged to have been committed by a person;

    • (b) in proceedings against a person under this Act;

    • (c) for the purpose of the administration of alternative measures programs; or

    • (d) otherwise for the administration of this Act.

  • Marginal note:Private records

    (2) Any person or organization may keep records of information obtained by them as a result of supervising compliance with an alternative measures agreement and use the information for the purpose of supervising such compliance.

Marginal note:Disclosure of records
  •  (1) A record or information referred to in section 115 or 116 may be made available to

    • (a) any judge or court for any purpose with respect to proceedings relating to offences under this or any other Act committed or alleged to have been committed by the person to whom the record relates;

    • (b) any peace officer, enforcement officer or prosecutor

      • (i) for the purpose of investigating an offence under this or any other Act that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or

      • (ii) for any purpose related to the administration of the case to which the record relates;

    • (c) any member of a department or agency of a government in Canada, or any agent of such a government, that is

      • (i) engaged in the administration of alternative measures in respect of the person, or

      • (ii) preparing a report in respect of the person under this Act; or

    • (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if

      • (i) the judge is satisfied that the disclosure is desirable in the public interest for research or statistical purposes or in the interest of the proper administration of justice, and

      • (ii) the person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2).

  • Marginal note:Subsequent disclosure for research or statistical purposes

    (2) If a record is made available for inspection to any person under paragraph (1)(d) for research or statistical purposes, that person may subsequently disclose information contained in the record, but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates.

  • Marginal note:Information, copies

    (3) A person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record.

  • Marginal note:Evidence

    (4) This section does not authorize the introduction into evidence of any part of a record that would not otherwise be admissible in evidence.

  • Marginal note:Exception for public access to court record

    (5) For greater certainty, this section does not apply in respect of an alternative measures agreement, a varied alternative measures agreement or a report that is filed with the court in accordance with section 111.

 
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