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

Marginal note:Filing in Environmental Registry

301. 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

302. 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

• 303. (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

304. 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

• 305. (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.