Environmental Protection Alternative Measures
295. The definitions in this section apply in sections 296 to 309.
« accord »
“agreement” means an agreement respecting environmental protection alternative measures.
« procureur général »
“Attorney General” means the Attorney General of Canada or an agent of the Attorney General of Canada.
“environmental protection alternative measures”
« mesures de rechange »
“environmental protection alternative measures” means measures, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence under this Act.
« personne »
“person” includes individuals, Her Majesty in right of Canada or of a province and public bodies, bodies corporate, societies and companies.
Marginal note:When measures may be used
296. (1) Environmental protection alternative measures may be used to deal with a person who is alleged to have committed an offence under this Act only if it is not inconsistent with the purposes of this Act and the following conditions are met:
(a) the measures are part of a program of environmental protection alternative measures authorized by the Attorney General, after consultation with the Minister;
(b) the offence alleged to have been committed is an offence under this Act, except an offence
(i) in respect of the contravention of subsection 16(4), 81(1), (2), (3) or (4), 82(1) or (2), 84(2) or 96(4), section 99, subsection 106(1), (2), (3) or (4), 107(1) or (2), 109(1) or (2), 119(1), 148(1), 202(4) or 213(4) or section 227 or 228, or any obligation or prohibition arising from any of those provisions,
(ii) for failing to comply with
(A) an order or a direction made under this Act;
(B) an order, direction or decision of a court made under this Act; or
(C) an agreement, or
(iii) under any of paragraphs 272(1)(k) and (l) and subsections 274(1) and (2);
(c) an information has been laid in respect of the offence;
(d) the Attorney General, after consulting with the Minister, is satisfied that they 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 the environment and of human life and health and other interests of society,
(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;
(e) the person has been advised of the right to be represented by counsel;
(f) the person accepts responsibility for the act or omission that forms the basis of the offence that the person is alleged to have committed;
(g) the person applies, in accordance with regulations made under section 309, to participate in the measures;
(h) the person and the Attorney General have entered into an agreement within the period of 180 days after the Attorney General has provided initial disclosure of the Crown’s evidence to the person;
(i) there is, in the opinion of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; and
(j) the prosecution of the offence is not barred at law.
Marginal note:Restriction on use
(2) Environmental protection alternative measures shall 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 the person 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 environmental protection alternative measures is admissible in evidence against the person in any civil or criminal proceedings.
Marginal note:Dismissal of charge
(4) Where environmental protection alternative measures have been used to deal with a person alleged to have committed an offence, the court shall dismiss the charge laid against the person in respect of that offence where the court is satisfied on a balance of probabilities that the person has complied with the agreement.
Marginal note:No bar to proceedings
(5) The use of environmental protection 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 the law.
- 1999, c. 33, s. 296;
- 2009, c. 14, s. 87.
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