Finance committee  Thank you very much. Division 20 of part 6 would create a remediation agreement regime in a new part of the Criminal Code. It would be XXII.1. What is a remediation agreement? A remediation agreement is a made-in-Canada version of what other countries call a deferred prosecut

Finance committee  First of all, this came from a consultation on economic crime, so it's the result of that. It was a government-wide consultation that was carried out throughout the fall. It is unique because there are diversion schemes in the Criminal Code for individuals, but there is no possi

Finance committee  Well, it is true that some of the features, such as compliance monitoring, would not lend themselves to small-value crimes. That's for sure. It would be more likely used for larger-scale offences, and—

Finance committee  This regime is applicable only to organizations, which of course can't go to jail anyway. It's not available to natural persons, only to legal persons. Individuals would not be able to avail themselves of this regime. As far as the types of offences go, it is possible to expand

Finance committee  I don't know the exact section, but it was a commitment made in the budget speech.

Finance committee  There was a direct reference to it.

Finance committee  It can't apply. There's an exclusion for situations where there has been serious bodily harm or death. It cannot apply in those situations. In answer to your first question, it was not motivated by any particular case, but it's something that is being considered in other countr

Finance committee  Almost, but they would have to be charged for the agreement—

Finance committee  That's why we call them “accused”; we refer to “accused” at the outset. The prosecutor would have to be convinced that the prosecution threshold had been such that there was a prospect of conviction, that the evidence was there. They could invite them to negotiate the terms, bu

Finance committee  The guilty plea would result in a conviction.

Finance committee  The penalty would be the terms of the agreement, and as I mentioned, there are mandatory terms. They have to pay a fine, a financial penalty. They have to forfeit any profits that they have obtained and disgorge any benefits they have as a result of their conduct. They would have

Finance committee  Not necessarily. They could be prosecuted by the provincial prosecutors as well.

Finance committee  Unless the Public Prosecution Service of Canada is operating within the—

Finance committee  Yes. The AG's consent is required as delegated, so it would likely not be private prosecutors but any public prosecutor.

Finance committee  The prosecutor has to be convinced that negotiating the agreement is in the public interest and appropriate in the circumstances, and then there are a series of factors the prosecutor has to consider in determining whether that's the case. There are the circumstances in which the