Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Application for court approval

• 715.37 (1) When the prosecutor and the organization have agreed to the terms of a remediation agreement, the prosecutor must apply to the court in writing for an order approving the agreement.

• Marginal note:Coming into force

  (2) The coming into force of the agreement is subject to the approval of the court.

• Marginal note:Consideration of victims

  (3) To determine whether to approve the agreement, the court hearing an application must consider

  • (a) any reparations, statement and other measure referred to in paragraph 715.34(1)(g);

  • (b) any statement made by the prosecutor under subsection 715.36(3);

  • (c) any victim or community impact statement presented to the court; and

  • (d) any victim surcharge referred to in paragraph 715.34(1)(h).

• Marginal note:Victim or community impact statement

  (4) For the purpose of paragraph (3)(c), the rules provided for in sections 722 to 722.2 apply, other than subsection 722(6), with any necessary modifications and, in particular,

  • (a) a victim or community impact statement, or any other evidence concerning any victim, must be considered when determining whether to approve the agreement under subsection (6);

  • (b) the inquiry referred to in subsection 722(2) must be made at the hearing of the application; and

  • (c) the duty of the clerk under section 722.1 or subsection 722.2(5) is deemed to be the duty of the prosecutor to make reasonable efforts to provide a copy of the statement to the organization or counsel for the organization as soon as feasible after the prosecutor obtains it.

• Marginal note:Victim surcharge

  (5) For the purpose of paragraph 715.34(1)(h), the amount of the victim surcharge is 30% of any penalty referred to in paragraph 715.34(1)(f), or any other percentage that the prosecutor deems appropriate in the circumstances, and is payable to the treasurer of the province in which the application for approval referred to in section 715.37 is made.

• Marginal note:Approval order

  (6) The court must, by order, approve the agreement if it is satisfied that

  • (a) the organization is charged with an offence to which the agreement applies;

  • (b) the agreement is in the public interest; and

  • (c) the terms of the agreement are fair, reasonable and proportionate to the gravity of the offence.

• Marginal note:Stay of proceedings

  (7) As soon as practicable after the court approves the agreement, the prosecutor must direct the clerk or other proper officer of the court to make an entry on the record that the proceedings against the organization in respect of any offence to which the agreement applies are stayed by that direction and that entry must be made immediately, after which time the proceedings shall be stayed accordingly.

• Marginal note:Other proceedings

  (8) No other proceedings may be initiated against the organization for the same offence while the agreement is in force.

• Marginal note:Limitation period

  (9) The running of a limitation period in respect of any offence to which the agreement applies is suspended while the agreement is in force.