Marginal note:Government records
306. (1) The Minister, enforcement officers and analysts and any department or agency of a government in Canada with which the Minister has entered into an agreement under section 308 may keep records and use information obtained as a result of the use of environmental protection alternative measures to deal with a person
(a) for the purposes of an inspection under this Act or an investigation of an offence under this Act that is alleged to have been committed by the person;
(b) in proceedings against the person under this Act;
(c) for the purpose of the administration of environmental protection alternative measures programs; or
(d) otherwise for the purposes of the administration or enforcement of this Act.
Marginal note:Supervision records
(2) Any person may keep the records and use the information obtained by the person as a result of supervising compliance with an agreement that are necessary for the purpose of supervising compliance with the agreement.
Marginal note:Disclosure of records
307. (1) Any record or information referred to in section 305 or 306 may be made available to
(a) any judge or court for any purpose that relates to proceedings relating to offences that are committed or alleged to have been committed by the person to whom the record relates;
(b) any prosecutor, enforcement officer or other peace officer
(i) for the purpose of investigating an offence 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 that relates 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 department or agency, that is
(i) engaged in the administration of environmental protection 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 the judge is satisfied that the disclosure is
(i) desirable in the public interest for research or statistical purposes, or
(ii) desirable in the interest of the proper administration of justice,
and if that person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2).
Marginal note:Subsequent disclosure
(2) Where a record is made available to a person under subparagraph (1)(d)(i), the person may subsequently disclose information contained in the record, but shall not disclose it in any form that could reasonably be expected to identify the person to whom it relates and any other person specified by the judge.
Marginal note:Information, copies
(3) Any person to whom a record is authorized to be made available under this section may be given any information that is contained in the record and may be given a copy of any part of the record.
(4) Nothing in this section authorizes 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 to an agreement, a varied agreement or report that is filed with the court in accordance with section 300.
- Date modified: