GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 715.32
Conditions for remediation agreement 715.32 (1) The prosecutor may enter into negotiations for a remediation agreement with an organization alleged to have committed an offence if the following conditions are met: (a) the prosecutor is of the opinion that there is a reasonable prospect of conviction with respect to the offence; (b) the prosecutor is of the opinion that the act or omission that forms the basis of the offence did not cause and was not likely to have caused serious bodily harm or death, or injury to national defence or national security, and was not committed for the benefit of, at the direction of, or in association with, a criminal organization or terrorist group; (c) the prosecutor is of the opinion that negotiating the agreement is in the public interest and appropriate in the circumstances; and (d) the Attorney General has consented to the negotiation of the agreement. Factors to consider (2) For the purposes of paragraph (1)(c), the prosecutor must consider the following factors: (a) the circumstances in which the act or omission that forms the basis of the offence was brought to the attention of investigative authorities; (b) the nature and gravity of the act or omission and its impact on any victim; (c) the degree of involvement of senior officers of the organization in the act or omission; (d) whether the organization has taken disciplinary action, including termination of employment, against any person who was involved in the act or omission; (e) whether the organization has made reparations or taken other measures to remedy the harm caused by the act or omission and to prevent the commission of similar acts or omissions; (f) whether the organization has identified or expressed a willingness to identify any person involved in wrongdoing related to the act or omission; (g) whether the organization — or any of its representatives — was convicted of an offence or sanctioned by a regulatory body, or whether it entered into a previous remediation agreement or other settlement, in Canada or elsewhere, for similar acts or omissions; (h) whether the organization — or any of its representatives — is alleged to have committed any other offences, including those not listed in the schedule to this Part; and (i) any other factor that the prosecutor considers relevant. Factors not to consider (3) Despite paragraph (2)(i), if the organization is alleged to have committed an offence under section 3 or 4 of the Corruption of Foreign Public Officials Act , the prosecutor must not consider the national economic interest, the potential effect on relations with a state other than Canada or the identity of the organization or individual involved. 2018, c. 12, s. 404
Criminal Code — C-46 715.33
Notice to organization — invitation to negotiate 715.33 (1) If the prosecutor wishes to negotiate a remediation agreement, they must give the organization written notice of the offer to enter into negotiations and the notice must include (a) a summary description of the offence to which the agreement would apply; (b) an indication of the voluntary nature of the negotiation process; (c) an indication of the legal effects of the agreement; (d) an indication that, by agreeing to the terms of this notice, the organization explicitly waives the inclusion of the negotiation period and the period during which the agreement is in force in any assessment of the reasonableness of the delay between the day on which the charge is laid and the end of trial; (e) an indication that negotiations must be carried out in good faith and that the organization must provide all information requested by the prosecutor that the organization is aware of or can obtain through reasonable efforts, including information enabling the identification of any person involved in the act or omission that forms the basis of the offence or any wrongdoing related to that act or omission; (f) an indication of how the information disclosed by the organization during the negotiations may be used, subject to subsection (2); (g) a warning that knowingly making false or misleading statements or knowingly providing false or misleading information during the negotiations may lead to the recommencement of proceedings or prosecution for obstruction of justice; (h) an indication that either party may withdraw from the negotiations by providing written notice to the other party; (i) an indication that reasonable efforts must be made by both parties to identify any victim as soon as practicable; and (j) a deadline to accept the offer to negotiate according to the terms of the notice. Admissions not admissible in evidence (2) No admission, confession or statement accepting responsibility for a given act or omission made by the organization during the negotiations is admissible in evidence against that organization in any civil or criminal proceedings related to that act or omission, except those contained in the statement of facts or admission of responsibility referred to in paragraphs 715.34(1)(a) and (b), if the parties reach an agreement and it is approved by the court. 2018, c. 12, s. 404
Criminal Code — C-46 715.34
e in evidence (2) No admission, confession or statement accepting responsibility for a given act or omission made by the organization as a result of the agreement is admissible in evidence against that organization in any civil or criminal proceedings related to that act or omission, except those contained in the statement of facts and admission of responsibility referred to in paragraphs (1)(a) and (b), if the agreement is approved by the court. Optional content of agreement (3) A remediation agreement may include, among other things, (a) an indication of the obligation for the organization to establish, implement or enhance compliance measures to address any deficiencies in the organization’s policies, standards or procedures — including those related to internal control procedures and employee training — that may have allowed the act or omission; (b) an indication of the obligation for the organization to reimburse the prosecutor for any costs identified in the agreement that are related to its administration and that have or will be incurred by the prosecutor; and (c) an indication of the fact that an independent monitor has been appointed, as selected with the prosecutor’s approval, to verify and report to the prosecutor on the organization’s compliance with the obligation referred to in paragraph (a), or any other obligation in the agreement identified by the prosecutor, as well as an indication of the organization’s obligations with respect to that monitor, including the obligations to cooperate with the monitor and pay the monitor’s costs. 2018, c. 12, s. 404 2019, c. 29, s. 121(F)
Criminal Code — C-46 715.35
Independent monitor — conflict of interest 715.35 A candidate for appointment as an independent monitor must notify the prosecutor in writing of any previous or ongoing relationship, in particular with the organization or any of its representatives, that may have a real or perceived impact on the candidate’s ability to provide an independent verification. 2018, c. 12, s. 404
Criminal Code — C-46 715.36
Duty to inform victims 715.36 (1) After an organization has accepted the offer to negotiate according to the terms of the notice referred to in section 715.33, the prosecutor must take reasonable steps to inform any victim, or any third party that is acting on the victim’s behalf, that a remediation agreement may be entered into. Interpretation (2) The duty to inform any victim is to be construed and applied in a manner that is reasonable in the circumstances and not likely to interfere with the proper administration of justice, including by causing interference with prosecutorial discretion or compromising, hindering or causing excessive delay to the negotiation of an agreement or its conclusion. Reasons (3) If the prosecutor elects not to inform a victim or third party under subsection (1), they must provide the court, when applying for approval of the agreement, with a statement of the reasons why it was not appropriate to do so in the circumstances. 2018, c. 12, s. 404
Criminal Code — C-46 715.37
Application for court approval 715.37 (1) When the prosecutor and the organization have agreed to the terms of a remediation agreement, the prosecutor must apply to the court in writing for an order approving the agreement. Coming into force (2) The coming into force of the agreement is subject to the approval of the court. Consideration of victims (3) To determine whether to approve the agreement, the court hearing an application must consider (a) any reparations, statement and other measure referred to in paragraph 715.34(1)(g); (b) any statement made by the prosecutor under subsection 715.36(3); (c) any victim or community impact statement presented to the court; and (d) any victim surcharge referred to in paragraph 715.34(1)(h). Victim or community impact statement (4) For the purpose of paragraph (3)(c), the rules provided for in sections 722 to 722.2 apply, other than subsection 722(6), with any necessary modifications and, in particular, (a) a victim or community impact statement, or any other evidence concerning any victim, must be considered when determining whether to approve the agreement under subsection (6); (b) the inquiry referred to in subsection 722(2) must be made at the hearing of the application; and (c) the duty of the clerk under section 722.1 or subsection 722.2(5) is deemed to be the duty of the prosecutor to make reasonable efforts to provide a copy of the statement to the organization or counsel for the organization as soon as feasible after the prosecutor obtains it. Victim surcharge (5) For the purpose of paragraph 715.34(1)(h), the amount of the victim surcharge is 30% of any penalty referred to in paragraph 715.34(1)(f), or any other percentage that the prosecutor deems appropriate in the circumstances, and is payable to the treasurer of the province in which the application for approval referred to in section 715.37 is made. Approval order (6) The court must, by order, approve the agreement if it is satisfied that (a) the organization is charged with an offence to which the agreement applies; (b) the agreement is in the public interest; and (c) the terms of the agreement are fair, reasonable and proportionate to the gravity of the offence. Stay of proceedings (7) As soon as practicable after the court approves the agreement, the prosecutor must direct the clerk or other proper officer of the court to make an entry on the record that the proceedings against the organization in respect of any offence to which the agreement applies are stayed by that direction and that entry must be made immediately, after which time the proceedings shall be stayed accordingly. Other proceedings (8) No other proceedings may be initiated against the organization for the same offence while the agreement is in force. Limitation period (9) The running of a limitation period in respect of any offence to which the agreement applies is suspended while the agreement is in force. 2018, c. 12, s. 404
Criminal Code — C-46 715.38
Variation order 715.38 On application by the prosecutor, the court must, by order, approve any modification to a remediation agreement if the court is satisfied that the agreement continues to meet the conditions set out in subsection 715.37(6). On approval, the modification is deemed to form part of the agreement. 2018, c. 12, s. 404
Criminal Code — C-46 715.39
Termination order 715.39 (1) On application by the prosecutor, the court must, by order, terminate the agreement if it is satisfied that the organization has breached a term of the agreement. Recommencement of proceedings (2) As soon as the order is made, proceedings stayed in accordance with subsection 715.37(7) may be recommenced, without a new information or a new indictment, as the case may be, by the prosecutor giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered. Stay of proceedings (3) If no notice is given within one year after the order is made under subsection (1), or before the expiry of the time within which the proceedings could have been commenced, whichever is earlier, the proceedings are deemed never to have been commenced. 2018, c. 12, s. 404
Criminal Code — C-46 715.4
Order declaring successful completion 715.4 (1) On application by the prosecutor, the court must, by order, declare that the terms of the agreement were met if it is satisfied that the organization has complied with the agreement. Stay of proceedings (2) The order stays the proceedings against the organization for any offence to which the agreement applies, the proceedings are deemed never to have been commenced and no other proceedings may be initiated against the organization for the same offence. 2018, c. 12, s. 404
Criminal Code — C-46 715.41
Deadline 715.41 (1) The prosecutor must, as soon as practicable after the deadline referred to in paragraph 715.34(1)(p), apply to the court in writing for a variation order under section 715.38, including to extend the deadline, an order terminating the agreement under section 715.39 or an order under section 715.4 declaring that its terms were met and the court may issue any of these orders as it deems appropriate. Deeming (2) The agreement is deemed to remain in force until a court issues an order terminating it or declaring that its terms were met. 2018, c. 12, s. 404
Criminal Code — C-46 715.42
Publication 715.42 (1) Subject to subsection (2), the following must be published by the court as soon as practicable: (a) the remediation agreement approved by the court; (b) an order made under any of sections 715.37 to 715.41 and the reasons for that order or the reasons for the decision not to make that order; and (c) a decision made under subsection (2) or (5) and the reasons for that decision. Decision not to publish (2) The court may decide not to publish the agreement or any order or reasons referred to in paragraph (1)(b), in whole or in part, if it is satisfied that the non-publication is necessary for the proper administration of justice. Factors to be considered (3) To decide whether the proper administration of justice requires making the decision referred to in subsection (2), the court must consider (a) society’s interest in encouraging the reporting of offences and the participation of victims in the criminal justice process; (b) whether it is necessary to protect the identity of any victims, any person not engaged in the wrongdoing and any person who brought the wrongdoing to the attention of investigative authorities; (c) the prevention of any adverse effect to any ongoing investigation or prosecution; (d) whether effective alternatives to the decision referred to in subsection (2) are available in the circumstances; (e) the salutary and deleterious effects of making the decision referred to in subsection (2); and (f) any other factor that the court considers relevant. Conditions (4) The court may make its decision subject to any conditions that it considers appropriate, including a condition related to the duration of non-publication. Review of decision (5) On application by any person, the court must review the decision made under subsection (2) to determine whether the non-publication continues to be necessary for the proper administration of justice. If the court is satisfied that the non-publication is no longer necessary, it must publish the agreement, order or reasons, as the case may be, in whole or in part, as soon as practicable. 2018, c. 12, s. 404, c. 27, s. 686
Criminal Code — C-46 715.43
Regulations 715.43 (1) On the recommendation of the Minister of Justice, the Governor in Council may make regulations generally for the purposes of carrying out this Part, including regulations respecting (a) the form of the remediation agreement; and (b) the verification of compliance by an independent monitor, including (i) the qualifications for monitors, (ii) the process to select a monitor, (iii) the form and content of a conflict of interest notification, and (iv) reporting requirements. Amendment of schedule (2) On the recommendation of the Minister of Justice, the Governor in Council may, by order, amend the schedule by adding or deleting any offence to which a remediation agreement may apply. Deleting offence (3) If the Governor in Council orders the deletion of an offence from the schedule to this Part, this Part continues to apply to an organization alleged to have committed that offence if a notice referred to in section 715.33 respecting that offence was sent to the organization before the day on which the order comes into force. 2018, c. 12, s. 404
Criminal Code — C-46 716
Definitions 716 In this Part, accused includes a defendant; ( accusé ) alternative measures means measures other than judicial proceedings under this Act used to deal with a person who is eighteen years of age or over and alleged to have committed an offence; ( mesures de rechange ) court means (a) a superior court of criminal jurisdiction, (b) a court of criminal jurisdiction, (c) a justice or provincial court judge acting as a summary conviction court under Part XXVII, or (d) a court that hears an appeal; ( tribunal ) fine includes a pecuniary penalty or other sum of money, but does not include restitution. ( amende ) R.S., 1985, c. C-46, s. 716; R.S., 1985, c. 27 (1st Supp.), s. 154; 1995, c. 22, s. 6; 1999, c. 5, s. 29(E)
Criminal Code — C-46
accused includes a defendant; ( accusé )
Criminal Code — C-46
alternative measures means measures other than judicial proceedings under this Act used to deal with a person who is eighteen years of age or over and alleged to have committed an offence; ( mesures de rechange )
Criminal Code — C-46 (a)
court means (a) a superior court of criminal jurisdiction, (b) a court of criminal jurisdiction, (c) a justice or provincial court judge acting as a summary conviction court under Part XXVII, or (d) a court that hears an appeal; ( tribunal )
Criminal Code — C-46
fine includes a pecuniary penalty or other sum of money, but does not include restitution. ( amende )
Criminal Code — C-46 717
When alternative measures may be used 717 (1) Alternative measures may be used to deal with a person alleged to have committed an offence only if it is not inconsistent with the protection of society and the following conditions are met: (a) the measures are part of a program of alternative measures authorized by the Attorney General or the Attorney General’s delegate or authorized by a person, or a person within a class of persons, designated by the lieutenant governor in council of a province; (b) the person who is considering whether to use the measures is satisfied that they would be appropriate, having regard to the needs of the person alleged to have committed the offence and the interests of society and of the victim; (c) the person, having been informed of the alternative measures, fully and freely consents to participate therein; (d) the person has, before consenting to participate in the alternative measures, been advised of the right to be represented by counsel; (e) the person accepts responsibility for the act or omission that forms the basis of the offence that the person is alleged to have committed; (f) there is, in the opinion of the Attorney General or the Attorney General’s agent, sufficient evidence to proceed with the prosecution of the offence; and (g) the prosecution of the offence is not in any way barred at law. Restriction on use (2) Alternative measures shall not be used to deal with a person alleged to have committed an offence if the person (a) denies participation or involvement in the commission of the offence; or (b) expresses the wish to have any charge against the person dealt with by the court. Admissions not admissible in evidence (3) No admission, confession or statement accepting responsibility for a given act or omission made by a person alleged to have committed an offence as a condition of the person being dealt with by alternative measures is admissible in evidence against that person in any civil or criminal proceedings. No bar to proceedings (4) The use of alternative measures in respect of a person alleged to have committed an offence is not a bar to proceedings against the person under this Act, but, if a charge is laid against that person in respect of that offence, (a) where the court is satisfied on a balance of probabilities that the person has totally complied with the terms and conditions of the alternative measures, the court shall dismiss the charge; and (b) where the court is satisfied on a balance of probabilities that the person has partially complied with the terms and conditions of the alternative measures, the court may dismiss the charge if, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and that person’s performance with respect to the alternative measures. Laying of information, etc. (5) Subject to subsection (4), nothing in this section shall be construed as preventing 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. R.S., 1985, c. C-46, s. 717; 1995, c. 22, s. 6
Criminal Code — C-46 717.1
Records of persons dealt with 717.1 Sections 717.2 to 717.4 apply only in respect of persons who have been dealt with by alternative measures, regardless of the degree of their compliance with the terms and conditions of the alternative measures. 1995, c. 22, s. 6
Criminal Code — C-46 717.2
Police records 717.2 (1) A record relating to any offence 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 responsible for, or participating in, the investigation of the offence. Disclosure by peace officer (2) A peace officer may disclose to any person any information in a record kept pursuant to this section that it is necessary to disclose in the conduct of the investigation of an offence. Idem (3) A peace officer may disclose to an insurance company any information in a record kept pursuant to this section for the purpose of investigating any claim arising out of an offence committed or alleged to have been committed by the person to whom the record relates. 1995, c. 22, s. 6
Criminal Code — C-46 717.3
Government records 717.3 (1) A department or agency of any government in Canada may keep records containing information obtained by the department or agency (a) for the purposes of an investigation of an offence alleged to have been committed by a person; (b) for use in proceedings against a person under this Act; or (c) as a result of the use of alternative measures to deal with a person. Private records (2) Any person or organization may keep records containing information obtained by the person or organization as a result of the use of alternative measures to deal with a person alleged to have committed an offence. 1995, c. 22, s. 6