Power to enter into compliance agreement

(1) Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person or entity has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with the person or entity (in this section and sections 518 to 521 called the “contracting party”).

Terms and conditions

(2) A compliance agreement may contain any terms and conditions that the Commissioner considers necessary, including a requirement that the contracting party pay a specified amount.

Obligations of Commissioner

(3) Before entering into a compliance agreement, the Commissioner shall

(a) advise the prospective contracting party of the right to be represented by counsel and give it an opportunity to obtain counsel; and

(b) obtain the consent of the prospective contracting party to the publication of the agreement under section 521.

Admission of responsibility

(4) A compliance agreement may include a statement by the contracting party in which it admits responsibility for the act or omission that constitutes the offence.

Inadmissible in evidence

(5) The fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings.

(6) [Repealed, 2018, c. 31, s. 363]

Remittal of matter despite institution of prosecution

(7) If a prosecution has been instituted, the Director of Public Prosecutions may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — suspend the prosecution and remit the matter back to the Commissioner so that it may be dealt with in that way.

Effect of compliance agreement

(8) When a compliance agreement is entered into,

(a) no prosecution may be instituted against the contracting party for an act or omission that led to the agreement unless there is non-compliance with it; and

(b) any prosecution of the contracting party instituted before the agreement was entered into for an act or omission that led to the agreement is suspended unless there is non-compliance with the agreement.

Renegotiation

(9) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed.

Copy

(10) The Commissioner shall provide the contracting party with a copy of the compliance agreement, without delay after it is entered into or renegotiated under subsection (9). The Commissioner shall also provide a copy of the compliance agreement to the Director of Public Prosecutions if a prosecution of the contracting party had been instituted before the agreement was entered into.

2000, c. 9, s. 517; 2001, c. 21, s. 25(E); 2006, c. 9, s. 133; 2018, c. 31, s. 363.