|
|
(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).
|
|
| 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.
|
|
| 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.
|
|
| 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.
|
|
| 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.
|
|
| Agreements
respecting
exchange of
information
|
308. The Minister may enter into an
agreement with a department or agency of a
government in Canada respecting the
exchange of information for the purpose of
administering environmental protection
alternative measures or preparing a report in
respect of a person's compliance with an
agreement.
|
|
| Regulations
|
309. The Minister may make regulations
respecting the environmental protection
alternative measures that may be used for the
purposes of this Act including, but not limited
to, regulations
|
|
|
|
(a) excluding specified offences under this
Act from the application of those measures;
|
|
|
|
(b) prescribing the form and manner in
which and the period within which an
application to participate in the measures is
to be made, and the information that must
be contained in or accompany the
application;
|
|
|
|
(c) respecting the manner of preparing and
filing reports relating to the administration
of and compliance with agreements;
|
|
|
|
(d) respecting the types of reasonable costs
and the manner of paying the costs
associated with supervising and verifying
compliance with an agreement; and
|
|
|
|
(e) respecting the terms and conditions that
may be provided for in an agreement and
their effects.
|
|
|
|
|
|
| Ticketing
|
310. (1) Despite anything in this Act, the
Governor in Council may, by regulation, on
the recommendation of the Minister,
designate any offence under this Act as an
offence with respect to which, despite the
Criminal Code, an enforcement officer may
lay an information and issue and serve a
summons by completing a ticket in the
prescribed form, affixing to it the enforcement
officer's signature and delivering it to the
person who is alleged to have committed the
offence specified in it at the time the offence
is alleged to have been committed.
|
|
| Regulations
|
(2) Any regulations made under this section
|
|
|
|
(a) shall establish a procedure for entering
a plea and paying a fine in respect of each
offence to which the regulations relate;
|
|
|
|
(b) shall prescribe the amount of the fine to
be paid in respect of each offence; and
|
|
|
|
(c) may prescribe any other matter
necessary to carry out the purposes of this
section.
|
|
| Failure to
respond to
ticket
|
(3) Where a person is served with a ticket
and does not enter a plea within the time
prescribed by the regulations, a justice shall
examine the ticket and
|
|
|
|
(a) if the ticket is complete and regular on
its face, the justice shall enter a conviction
in the person's absence and impose a fine of
the prescribed amount; or
|
|
|
|
(b) if the ticket is not complete and regular
on its face, the justice shall quash the
proceedings.
|
|
|
|
|
|
| Injunction
|
311. (1) Where, on the application of the
Minister, it appears to a court of competent
jurisdiction that a person has done or is about
to do or is likely to do any act or thing
constituting or directed toward the
commission of an offence under this Act, the
court may issue an injunction ordering any
person named in the application
|
|
|
|
(a) to refrain from doing any act or thing
that it appears to the court may constitute or
be directed toward the commission of an
offence under this Act; or
|
|
|
|
(b) to do any act or thing that it appears to
the court may prevent the commission of an
offence under this Act.
|
|
| Notice
|
(2) No injunction shall be issued under
subsection (1) unless 48 hours notice is given
to the party or parties named in the application
or the urgency of the situation is such that
service of notice would not be in the public
interest.
|
|
|
|
|
|
| Defence
|
312. In a prosecution for a contravention of
a provision of Division 5 of Part 7 by a
company engaged in the business of
assembling or altering vehicles, it is a defence
for the company to establish that the
contravention occurred as a result of work
previously done on a vehicle by another
company engaged in the manufacture of the
vehicle.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Request for
confidentiality
|
313. (1) A person who provides information
to the Minister under this Act, or to a board of
review in respect of a notice of objection filed
under this Act, may submit with the
information a request that it be treated as
confidential.
|
|
| Contents of
request
|
(2) A request under subsection (1) shall be
submitted in writing and contain any
supplementary information that may be
prescribed.
|
|
| Prohibition of
disclosure
|
314. The Minister shall not disclose any
information in respect of which a request for
confidentiality has been made under section
313, except in accordance with section 315,
316 or 317.
|
|
| Disclosure by
Minister for
public interest
|
315. (1) The Minister may disclose
information, other than information in respect
of which section 318 applies, where
|
|
|
|
(a) the disclosure is in the interest of public
health, public safety or the protection of the
environment; and
|
|
|
|
(b) the public interest in the disclosure
clearly outweighs in importance
|
|
|
|
(i) any material financial loss or
prejudice to the competitive position of
the person who provided the information
or on whose behalf it was provided, and
|
|
|
|
(ii) any damage to the privacy, reputation
or human dignity of any individual that
may result from the disclosure.
|
|
| Notice of
disclosure
|
(2) Subject to subsection (3), at least 24
hours before disclosing any information under
subsection (1), the Minister shall give notice
of the proposed disclosure to the person who
provided the information or on whose behalf
it was provided.
|
|
| Exception
|
(3) Notice under subsection (2)
|
|
|
|
(a) is not required where the person to
whom it is to be given cannot be found after
reasonable efforts have been made to do so;
or
|
|
|
|
(b) may be given later than the time
required by that subsection where an
emergency exists.
|
|
| Certain
purposes for
which
information
may be
disclosed
|
316. (1) Information may be disclosed
|
|
|
|
(a) with the written consent of the person
who provided it or on whose behalf it was
provided;
|
|
|
|
(b) as may be necessary for the purposes of
the administration or enforcement of this
Act;
|
|
|
|
(c) under an agreement or arrangement
between the Government of Canada or any
of its institutions and any other government
in Canada, the government of a foreign state
or an international organization or any of its
institutions, or between the Minister and
any other minister of the Crown in right of
Canada, where
|
|
|
|
(i) the purpose of the agreement or
arrangement is the administration or
enforcement of a law, and
|
|
|
|
(ii) the government, international
organization, institution or other minister
undertakes to keep the information
confidential;
|
|
|
|
(d) under an agreement or arrangement
between the Government of Canada and the
government of a foreign state or an
international organization, where the
government or organization undertakes to
keep the information confidential; or
|
|
|
|
(e) to a physician or prescribed medical
professional who requests the information
for the purpose of making a medical
diagnosis of, or rendering medical
treatment to, a person in an emergency.
|
|
| Disclosure by
physician, etc.
|
(2) A physician or prescribed medical
professional to whom information is disclosed
under paragraph (1)(e) shall not disclose the
information except as may be necessary for
the purposes referred to in that paragraph.
|
|
| Disclosure of
personal
information
|
(3) Personal information as defined in
section 3 of the Privacy Act may not be
disclosed under paragraph (1)(b) or (c) unless
|
|
|
|
(a) the disclosure is in the interest of public
health, public safety or the protection of the
environment; and
|
|
|
|
(b) the public interest in the disclosure
clearly outweighs in importance any
damage to the privacy, reputation or human
dignity of any individual that may result
from the disclosure.
|
|
| Disclosure by
Minister
|
317. (1) The Minister may disclose
information in respect of which a request for
confidentiality has been made under section
313 where the Minister determines that the
disclosure would not be prohibited under
section 20 of the Access to Information Act.
|
|
| Application of
certain
provisions of
Access to
Information
Act
|
(2) Where the Minister intends to disclose
information under subsection (1), sections 27,
28 and 44 of the Access to Information Act
apply, with any modifications that the
circumstances require, and, for that purpose,
that information is deemed to be contained in
a record that the Minister intends to disclose
and any reference in those sections to the
person who requested access shall be
disregarded.
|
|
| Protection
from civil
proceeding or
prosecution
|
(3) Despite any other Act of Parliament, no
civil or criminal proceedings lie against the
Minister, or against any person acting on
behalf of or under the direction of the Minister,
and no proceedings lie against the Crown for
the disclosure in good faith of any information
under this Act, for any consequences that flow
from that disclosure or for the failure to give
any notice required under section 27 or any
other provision of the Access to Information
Act if reasonable care is taken to give the
required notice.
|
|
| Hazardous
Materials
Information
Review Act
|
318. Except as provided in sections 316 and
317, information in respect of which a request
for confidentiality has been made under
section 313 shall not be disclosed where
|
|
|
|
(a) a claim for exemption has been filed in
respect of the information under section 11
of the Hazardous Materials Information
Review Act;
|
|
|
|
(b) the information is exempt under section
19 of that Act from the requirement in
respect of which the exemption is claimed;
and
|
|
|
|
(c) the person claiming the exemption has
disclosed the contents of the claim to the
Minister.
|
|
| Regulations
|
319. The Governor in Council may make
regulations prescribing
|
|
|
|
(a) information that shall accompany a
request made under section 313; and
|
|
|
|
(b) medical professionals for the purposes
of paragraph 316(1)(e).
|
|
| Non-disclosur
e by Minister
of National
Defence
|
320. Despite any other provision of this Act,
the Minister of National Defence may refuse
to disclose under this Part any information the
disclosure of which could reasonably be
expected to be injurious to the defence or
security of Canada or of a state allied or
associated with Canada.
|
|
| Security
requirements
for disclosure
|
321. Any person, except an enforcement
officer or analyst, who receives, obtains or has
access to information under this Act shall
comply with any security requirements
applicable to, and take any oath of secrecy
required to be taken by, persons who normally
have access to and use of the information.
|
|