Skip to content

Brought to you by

Dentons logo in black and white

Dentons Canada Regulatory Review

The latest information and developments on regulatory law across Canada.

open menu close menu

Dentons Canada Regulatory Review

  • Home
  • About Us
  • Dentons COVID-19 hub

Alternative measures agreements may avoid prosecution for Fisheries Act offences

By Corey Martell
December 16, 2021
  • Environmental
  • ESG
  • Regulatory
Share on Facebook Share on Twitter Share via email Share on LinkedIn

“Not every person alleged to have committed an offence need be prosecuted. Alternative measures […] enable[s] […] organizations to take responsibility for offences in certain circumstances without going through judicial proceedings.”
– Public Prosecution Service Deskbook, Section 3.8(1) 

On August 28, 2019, the Government of Canada amended the Fisheries Act, to allow the use of Alternative Measures Agreements (AMA) to give accused persons and the prosecution the ability to address Fisheries Act offences outside the traditional court prosecution process.

An accused may enter into an AMA with the Attorney General as an alternative to court prosecution for certain charges under the Fisheries Act, subject to the conditions listed under section 86.2. An AMA diverts an accused person away from the court process as the Attorney General must either “stay” (i.e., suspend) the Fisheries Act charge or seek an adjournment of the proceedings for up to one year after the expiry of the AMA. Although a useful tool, AMAs are not available in every instance, as the Attorney General must first consult with the Minister of Fisheries and Oceans (and their officials) to seek policy advice before negotiating an AMA. Chapter 7 of the Canadian Environmental Protection Act: compliance and enforcement policy regarding “Environmental protection alternative measures” provides some insight as to some of the policy considerations the Minister could take into account in the case of an AMA.

Read the complete article here.

This piece was originally published on dentons.com

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Corey Martell

About Corey Martell

All posts

RELATED POSTS

  • Administrative Law
  • Climate Change
  • Consumer Products
  • Energy
  • Environmental
  • Financial
  • Foreign Investment Review
  • Regulatory
  • Technology

Tendances réglementaires à surveiller au Canada en 2025

By Paul Lalonde, Monica Song, and Sandy Walker | May 6, 2025
  • Regulatory

Sur les traces du projet de loi n° 109 : le Québec veut imposer la découvrabilité des contenus francophones sur les plateformes et appareils numériques

By Margot E. Patterson | September 22, 2025
  • Climate Change
  • Competition
  • Environmental
  • ESG

Competition Bureau publishes final guidance on greenwashing enforcement

By Yulia Konarski and Emma Fillman | June 12, 2025

About Dentons

Redefining possibilities. Together, everywhere. For more information visit dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

Check out more at Dentons.com

Ontario announces the <em>Building Homes and Improving Transportation Infrastructure Act</em> to streamline land use planning processes and build more housing

Canada: The Ontario government is proposing significant changes to the province’s land use planning and transportation frameworks to get more people in Ontario housed and moving. On March 30, 2026, Minister [...]

US Securities and Exchange Commission grants exemption from Section 16(a) reporting for directors and officers of certain foreign private issuers

The US Securities and Exchange Commission's (SEC) recent order under the Holding Foreign Insiders Accountable Act (the HFIA Act) introduces a notable exemption for directors and officers of foreign private [...]

Canada revises its automotive strategy with a view of becoming a global leader in next-generation vehicle manufacturing

On February 5, 2026, the Government of Canada unveiled a new national strategy for the automotive sector, signalling a shift in federal policy through a series of measures, including the [...]

Categories

Dentons logo in black and white

© 2026 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site