Bill C-5

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	(b) the court is satisfied on a balance of probabilities that the person has partially complied with the agreement and, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and the person's performance with respect to the agreement.
No bar to proceedings	(5) The use of 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.
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 law.
Terms and conditions in agreement	109. (1) An alternative measures agreement may contain any terms and conditions, including
	(a) terms and conditions having any or all of the effects set out in section 105 or any other terms and conditions having any of the effects prescribed by regulations that the Attorney General, after consultation with the competent minister, considers appropriate; and
	(b) terms and conditions relating to the costs associated with ensuring compliance with the agreement.
Supervision of compliance	(2) Any governmental or non-governmental organization may supervise compliance with the agreement.
Duration of agreement	110. An alternative measures agreement comes into effect on the day on which it is concluded or on any later day that is specified in the agreement and continues in effect for a period of not more than three years.
Filing in court for purpose of public access	111. (1) The Attorney General must consult the competent minister before concluding an alternative measures agreement and, subject to subsection (5), must have the agreement filed with the court in which the information was laid within 30 days after the agreement is concluded. The agreement is to be filed as part of the court record of the proceedings to which the public has access.
Reports	(2) A report relating to the administration of, and compliance with, the agreement must be filed with the same court immediately after all the terms and conditions of the agreement have been complied with or the charges in respect of which the agreement was entered into have been dismissed.
Third party information	(3) Subject to subsection (4), if any of the following information is to be part of the agreement or the report, it must be set out in a schedule to the agreement or to the report:
	(a) trade secrets of any person;
	(b) financial, commercial, scientific or technical information that is confidential information and is treated consistently in a confidential manner by any person;
	(c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to any person, or could reasonably be expected to prejudice the competitive position of any person; or
	(d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person.
Agreement on information to be in schedule	(4) The parties to the agreement must agree on which information that is to be part of the agreement or the report is information that meets the requirements of paragraphs (3)(a) to (d).
How schedule is to be kept secret	(5) The schedule is confidential and must not be filed with the court.
Prohibition of disclosure	(6) The competent minister must not disclose any information set out in a schedule to the agreement or to the report, except as authorized by section 117 or the Access to Information Act.
Stay of proceedings	112. (1) Despite section 579 of the Criminal Code, the Attorney General must, on filing an alternative measures agreement, stay the proceedings in respect of the alleged offence, or apply to the court for an adjournment of the proceedings, for a period of not more than one year after the expiry of the agreement.
Recommence- ment of proceedings	(2) Proceedings stayed under subsection (1) 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. If no such notice is given within one year after the expiry of the agreement, the proceedings are deemed to have never been commenced.
Application to vary agreement	113. (1) Subject to subsections 111(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 competent 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 111 with the court in which the original agreement was filed.
Application of provisions dealing with records	114. Sections 115 to 117 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 peace officer or enforcement officer	115. (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 insurance company	(2) A peace officer or enforcement officer may 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	116. (1) The competent minister, any enforcement officer and any department or agency of a government in Canada with which the competent minister has entered into an agreement under section 10 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	117. (1) A record or information referred to in section 115 or 116 may be made available to
	(a) any judge or court for any purpose with respect 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 paragraph (1)(d) 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 in respect of an alternative measures agreement, a varied alternative measures agreement or a report that is filed with the court in accordance with section 111.
Information exchange agreements	118. The competent 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	119. The competent minister may make regulations respecting the alternative measures that may be used for the purposes of this Act including regulations respecting
	(a) the form and manner in which and the period within which an application to participate in the alternative measures is to be made, and the information that must be contained in or accompany the application;
	(b) the manner of preparing and filing reports relating to the administration of and compliance with alternative measures agreements;
	(c) the types of costs, and the manner of paying the costs, associated with ensuring compliance with alternative measures agreements; and
	(d) the terms and conditions that may be included in an alternative measures agreement and the effects of those terms and conditions.
	PUBLIC REGISTRY
Public registry	120. The Minister must establish a public registry for the purpose of facilitating access to documents relating to matters under this Act.
Regulations	121. The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations respecting the form of the public registry, the keeping of the public registry and access to it.
Protection from proceedings	122. Despite any other Act of Parliament, no civil or criminal proceedings may be brought against Her Majesty in right of Canada, the Minister, the Minister of Canadian Heritage, the Minister of Fisheries and Oceans or any person acting on behalf of or under the direction of any of them for the full or partial disclosure in good faith of any notice or other document through the public registry or any consequences of its disclosure.
Documents to be in public registry	123. The public registry shall contain every document required to be included in the public registry by this Act and the following documents, or a copy of the following documents:
	(a) regulations and orders made under this Act;
	(b) agreements entered into under section 10;
	(c) COSEWIC's criteria for the classification of wildlife species;
	(d) status reports on wildlife species that COSEWIC has had prepared or has received with an application;
	(e) the List of Wildlife Species at Risk;
	(f) codes of practice, national standards or guidelines established under this Act;
	(g) agreements and reports filed under section 111 or subsection 113(2) or notices that those agreements or reports have been filed in court and are available to the public; and
	(h) every report made under sections 126 and 128.
Restriction	124. The Minister, on the advice of COSEWIC, may restrict the release of any information required to be included in the public registry if that information relates to the location of a wildlife species or its habitat and restricting its release would be in the best interests of the species.

Bill C-5

PUBLIC REGISTRY