BILL C-441 - First Reading

Application to vary agreement	96. (1) Subject to subsections 93(2) and (3), the Attorney General may vary the terms and conditions of an alternative measures agreement on application by the person bound by the agreement and after consultation with the responsible minister. The Attorney General must be of the opinion that the variation is desirable because of a material change in the circumstances since the agreement was concluded or last varied. The variation may include
	(a) decreasing the period for which the agreement is to remain in force; and
	(b) relieving the person of compliance with any condition that is specified in the agreement, either absolutely or partially or for any period that the Attorney General considers desirable.
Filing varied agreement	(2) An agreement that has been varied must be filed in accordance with section 90 with the court in which the original agreement was filed.
Application of provisions dealing with records	97. Sections 98 to 100 apply only in respect of persons who have entered into an alternative measures agreement, regardless of the degree of their compliance with the terms and conditions of the agreement.
Disclosure of information by a peace officer or an enforcement officer	98. (1) A peace officer or enforcement officer may disclose to any person any information in a record relating to an offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person, if it is necessary to disclose the information in the conduct of the investigation of an offence.
Disclosure to an insurance company	(2) A peace officer or enforcement officer may also disclose the information to an insurance company for the purpose of investigating a claim arising out of an offence committed or alleged to have been committed by the person to whom the record relates.
Government records	99. (1) The responsible minister, any enforcement officer and any department or agency of a government in Canada with which the responsible minister has entered into an agreement under section 7 may keep records and use information obtained as a result of the use of alternative measures to deal with a person
	(a) for the purposes of an inspection under this Act or an investigation of an offence alleged to have been committed by a person;
	(b) in proceedings against a person under this Act;
	(c) for the purpose of the administration of alternative measures programs; or
	(d) otherwise for the administration of this Act.
Private records	(2) Any person or organization may keep records of information obtained by them as a result of supervising compliance with an alternative measures agreement and use the information for the purpose of supervising such compliance.
Disclosure of records	100. (1) A record or information referred to in section 98 or 99 may be made available to
	(a) any judge or court for any purpose relating to proceedings relating to offences under this or any other Act committed or alleged to have been committed by the person to whom the record relates;
	(b) any peace officer, enforcement officer or prosecutor
	(i) for the purpose of investigating an offence under this or any other Act that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or
	(ii) for any purpose related 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 government, that is
	(i) engaged in the administration of 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
	(i) the judge is satisfied that the disclosure is desirable in the public interest for research or statistical purposes or in the interest of the proper administration of justice, and
	(ii) the person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2).
Subsequent disclosure for research or statistical purposes	(2) If a record is made available for inspection to any person under subparagraph (1)(d)(i) for research or statistical purposes, that person may subsequently disclose information contained in the record, but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates.
Information, copies	(3) A person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record.
Evidence	(4) This section does not authorize 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 alternative measures agreement, a varied alternative measures agreement or a report that is filed with the court in accordance with section 93.
Information exchange agreements	101. The responsible 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 alternative measures or preparing a report in respect of a person's compliance with an alternative measures agreement.
Regulations	102. The responsible minister may make regulations respecting the alternative measures that may be used for the purposes of this Act including, but not limited to, regulations respecting
	(a) the manner of preparing and filing reports relating to the administration of and compliance with alternative measures agreements;
	(b) the types of costs, and the manner of paying the costs, associated with ensuring compliance with alternative measures agreements; and
	(c) the terms and conditions that may be included in an alternative measures agreement and the effects of those terms and conditions.
	COST RECOVERY
Fees and charges	103. (1) Her Majesty may recover any prescribed fee or charge from any person who requests
	(a) an agreement or permit under section 50, or an amendment to or renewal of such an agreement or permit; or
	(b) the inclusion of a document in the public registry.
Regulations	(2) The Governor in Council, on the recommendation of the Minister, may, consistent with the goal of promoting public access to information concerning endangered species, make regulations prescribing the fees and charges, or the manner of calculating them.
	REPORTS AND REVIEW OF ACT
Annual report to Parliament	104. The Minister must annually prepare a report on the administration and enforcement of this Act during the preceding calendar year and must have a copy of the report tabled in each House of Parliament within the first fifteen days that it is sitting after the completion of the report. The report must include a summary of
	(a) the species considered for designation or reclassification by COSEWIC and the decisions made in that regard;
	(b) the preparation and implementation of recovery plans;
	(c) all permits and agreements issued or repealed under section 50 or 51;
	(d) all agreements made under section 6, 7 or 35;
	(e) enforcement and compliance actions taken, including the response to any requests for investigation;
	(f) regulations issued under section 45 and emergency orders issued or repeated under this Act; and
	(g) any other matters that the Minister considers relevant.
Reports to Parliament	105. Three years after this section comes into force and at the end of each subsequent period of five years, the Minister must prepare a general report on the status of wildlife species. The Minister must have the report tabled in each House of Parliament within the first fifteen days that it is sitting after the completion of the report.
Parliamen- tary review and report	106. Three years after this section comes into force and at the end of each subsequent period of five years, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act. The committee is to undertake a comprehensive review of the Act as soon as practicable, including a review of the effects of its application, and is to report to both Houses of Parliament within one year after the review is undertaken or within any additional time that the House of Commons may authorize.

COST RECOVERY

REPORTS AND REVIEW OF ACT