| Application to
vary
agreement
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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
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(a) decreasing the period for which the
agreement is to remain in force; and
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(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.
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| Filing varied
agreement
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(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.
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| Application of
provisions
dealing with
records
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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.
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| Disclosure of
information
by a peace
officer or an
enforcement
officer
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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.
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| Disclosure to
an insurance
company
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(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.
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| Government
records
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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
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(a) for the purposes of an inspection under
this Act or an investigation of an offence
alleged to have been committed by a
person;
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(b) in proceedings against a person under
this Act;
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(c) for the purpose of the administration of
alternative measures programs; or
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(d) otherwise for the administration of this
Act.
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| Private
records
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(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.
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| Disclosure of
records
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100. (1) A record or information referred to
in section 98 or 99 may be made available to
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(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;
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(b) any peace officer, enforcement officer
or prosecutor
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(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
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(ii) for any purpose related to the
administration of the case to which the
record relates;
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(c) any member of a department or agency
of a government in Canada, or any agent of
such a government, that is
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(i) engaged in the administration of
alternative measures in respect of the
person, or
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(ii) preparing a report in respect of the
person under this Act; or
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(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
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(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
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(ii) the person gives a written
undertaking not to subsequently disclose
the information except in accordance
with subsection (2).
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| Subsequent
disclosure for
research or
statistical
purposes
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(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.
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| Information,
copies
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(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.
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| Evidence
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(4) This section does not authorize the
introduction into evidence of any part of a
record that would not otherwise be admissible
in evidence.
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| 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.
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| 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.
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| Regulations
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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
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(a) the manner of preparing and filing
reports relating to the administration of and
compliance with alternative measures
agreements;
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(b) the types of costs, and the manner of
paying the costs, associated with ensuring
compliance with alternative measures
agreements; and
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(c) the terms and conditions that may be
included in an alternative measures
agreement and the effects of those terms
and conditions.
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| Fees and
charges
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103. (1) Her Majesty may recover any
prescribed fee or charge from any person who
requests
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(a) an agreement or permit under section
50, or an amendment to or renewal of such
an agreement or permit; or
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(b) the inclusion of a document in the public
registry.
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| Regulations
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(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.
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| Annual report
to Parliament
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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
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(a) the species considered for designation or
reclassification by COSEWIC and the
decisions made in that regard;
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(b) the preparation and implementation of
recovery plans;
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(c) all permits and agreements issued or
repealed under section 50 or 51;
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(d) all agreements made under section 6, 7
or 35;
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(e) enforcement and compliance actions
taken, including the response to any
requests for investigation;
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(f) regulations issued under section 45 and
emergency orders issued or repeated under
this Act; and
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(g) any other matters that the Minister
considers relevant.
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| Reports to
Parliament
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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.
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| Parliamentary
review and
report
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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.
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