Species at Risk Act

Marginal note:When alternative measures may be used

• 108 (1) Alternative measures may be used to deal with a person who is alleged to have committed an offence, but only if it is not inconsistent with the purposes of this Act to do so and the following conditions are met:

  • (a) the measures are part of a program of alternative measures authorized by the Attorney General, after consultation with the competent minister;

  • (b) an information has been laid in respect of the offence;

  • (c) the Attorney General, after consultation with the competent minister, is satisfied that the alternative measures would be appropriate, having regard to the nature of the offence, the circumstances surrounding its commission and the following factors, namely,

    • (i) the protection of species at risk,

    • (ii) the person’s history of compliance with this Act,

    • (iii) whether the offence is a repeated occurrence,

    • (iv) any allegation that information is being or was concealed or other attempts to subvert the purposes and requirements of this Act are being or have been made, and

    • (v) whether any remedial or preventive action has been taken by or on behalf of the person in relation to the offence;

  • (d) the person applies, in accordance with regulations made under paragraph 119(a), to participate in the alternative measures after having been informed of them;

  • (e) the person and the Attorney General have concluded an agreement respecting the alternative measures within 180 days after the person has, with respect to the offence, been served with a summons, been issued an appearance notice or entered into a promise to appear or a recognizance;

  • (f) before consenting to participate in the alternative measures, the person has been advised of the right to be represented by counsel;

  • (g) the person accepts responsibility for the act or omission that forms the basis of the offence;

  • (h) there is, in the opinion of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; and

  • (i) the prosecution of the offence is not barred at law.

• Marginal note:Restriction on use

  (2) Alternative measures may not be used to deal with a person who

  • (a) denies participation or involvement in the commission of the alleged offence; or

  • (b) expresses the wish to have any charge against them dealt with by the court.

• Marginal note:Admissions not admissible in evidence

  (3) No admission, confession or statement accepting responsibility for a given act or omission made by a person as a condition of being dealt with by alternative measures is admissible in evidence against the person in any civil or criminal proceedings.

• Marginal note:Dismissal of charge

  (4) A court must dismiss a charge laid against a person in respect of an offence if alternative measures have been used to deal with the person in respect of the alleged offence and

  • (a) the court is satisfied on a balance of probabilities that the person has totally complied with the agreement; or

  • (b) the court is satisfied on a balance of probabilities that the person has partially complied with the agreement and, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and the person’s performance with respect to the agreement.

• Marginal note:No bar to proceedings

  (5) The use of alternative measures in respect of a person who is alleged to have committed an offence is not a bar to any proceedings against the person under this Act.

• Marginal note:Laying of information, etc.

  (6) This section does not prevent any person from laying an information, obtaining the issue or confirmation of any process, or proceeding with the prosecution of any offence, in accordance with law.