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Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Act current to 2020-03-05 and last amended on 2019-06-17. Previous Versions

PART 10Enforcement (continued)

Environmental Protection Alternative Measures (continued)

Marginal note:Sentencing considerations

 If an information in respect of an offence of contravening an agreement has been laid and proceedings in respect of the alleged offence for which the agreement was entered into have been recommenced, the court imposing a sentence for either offence shall take into account, in addition to the principles and factors referred to in section 287.1, any sentence that has previously been imposed for the other offence.

  • 1999, c. 33, s. 297
  • 2009, c. 14, s. 88

Marginal note:Nature of measures contained in agreement

  •  (1) An agreement may contain any terms and conditions, including

    • (a) terms and conditions having any or all of the effects set out in section 291 or any other terms and conditions having any of the effects prescribed by the regulations that the Attorney General, after consulting with the Minister, considers appropriate; and

    • (b) terms and conditions relating to the costs of laboratory tests and of field tests, travel and living expenses, costs of scientific analyses and other reasonable costs associated with supervising and verifying compliance with the agreement.

  • Marginal note:Supervisory bodies

    (2) Any governmental or non-governmental body may supervise compliance with an agreement.

  • 1999, c. 33, s. 298
  • 2017, c. 26, s. 63(E)

Marginal note:Duration of agreement

 An agreement comes into force on the day on which it is signed or on any later day that is specified in the agreement and continues in force for the period, not exceeding three years, specified in the agreement.

Marginal note:Filing in court for the purpose of public access

  •  (1) Subject to subsection (5), the Attorney General shall consult with the Minister before entering into an agreement and shall cause the agreement to be filed, as part of the court record of the proceedings to which the public has access, with the court in which the information was laid, within 30 days after the agreement was entered into.

  • Marginal note:Reports

    (2) A report relating to the administration of or compliance with an agreement shall, 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, be filed with the court in which the agreement was filed in accordance with subsection (1).

  • Marginal note:Confidential information or material injury

    (3) Subject to subsection (4), the following information that is to be part of an agreement or the report referred to in subsection (2) 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 that 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, 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 an agreement must agree on which information that is to be part of an agreement or a report is information that meets the requirements of paragraphs (3)(a) to (d).

  • Marginal note:Manner in which schedules to be kept secret

    (5) A schedule to an agreement or to the report referred to in subsection (2) is confidential and shall not be filed with the court.

  • Marginal note:Prohibition of disclosure

    (6) The Minister shall not disclose any information set out in a schedule to the agreement or to the report referred to in subsection (2), except under section 307 or under the Access to Information Act.

Marginal note:Filing in Environmental Registry

 A copy of every agreement and report referred to in subsection 300(2) and every agreement that has been varied under subsection 303(1), or a notice that the agreement or report has been filed in court and is available to the public, shall be included in the Environmental Registry.

Marginal note:Stay and recommencement of proceedings

 Despite section 579 of the Criminal Code,

  • (a) the Attorney General shall, on filing the agreement, stay the proceedings or apply to the court for an adjournment of the proceedings in respect of the offence alleged to have been committed for a period of not more than one year after the expiry of the agreement; and

  • (b) proceedings stayed in accordance with paragraph (a) 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, but where no such notice is given within one year after the expiry of the agreement, the proceedings are deemed never to have been commenced.

Marginal note:Application to vary agreement

  •  (1) Subject to subsection 300(5), the Attorney General may, on application by the person bound by an agreement and after consulting with the Minister, vary the agreement in one or both of the following ways that, in the opinion of the Attorney General, is rendered desirable by a material change in the circumstances since the agreement was entered into or last varied:

    • (a) make any changes to the agreement or to its terms and conditions; or

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

  • Marginal note:Filing of varied agreement

    (2) An agreement that has been varied under subsection (1) shall be filed with the court in which the original agreement was filed in accordance with section 300.

Marginal note:Records of persons

 Sections 305 to 307 apply only to persons who have entered into an agreement, regardless of the degree of their compliance with its terms and conditions.

Marginal note:Records of police forces and investigative bodies

  •  (1) A record that relates to an offence that is alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person, may be kept by any police force or body responsible for, or participating in, the investigation of the offence.

  • Marginal note:Disclosure by enforcement officer or peace officer

    (2) An enforcement officer or other peace officer may disclose to any person any information in a record kept under this section that it is necessary to disclose in the conduct of the investigation of an offence.

  • Marginal note:Disclosure to insurance company

    (3) An enforcement officer or other peace officer may disclose to an insurance company any information in a record kept under this section that it is necessary to disclose for the purpose of investigating a claim arising out of an offence that is committed or alleged to have been committed by the person to whom the record relates.

Marginal note:Government records

  •  (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

  •  (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.

  • Marginal note:Evidence

    (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.

 
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