Vol. 145, No. 5 — March 2, 2011
SOR/2011-43 February 10, 2010
GOVERNMENT PROPERTY TRAFFIC ACT
ARCHIVED — Regulations Amending the Government Property Traffic Regulations (Miscellaneous Program)
P.C. 2011-223 February 10, 2010
His Excellency the Governor General in Council, on the recommendation of the Minister of Public Works and Government Services, pursuant to subsection 2(1) (see footnote a) of the Government Property Traffic Act (see footnote b), hereby makes the annexed Regulations Amending the Government Property Traffic Regulations (Miscellaneous Program).
REGULATIONS AMENDING THE GOVERNMENT PROPERTY TRAFFIC REGULATIONS (MISCELLANEOUS PROGRAM)
1. Section 19 of the Government Property Traffic Regulations (see footnote 1) is replaced by the following:
19. A constable who finds a vehicle parked in contravention of these Regulations may, in addition or as an alternative to any other action that may be taken under these Regulations, remove the vehicle and, if the constable deems it necessary to protect the vehicle or the interests of the owner, store the vehicle in a suitable place.
COMING INTO FORCE
2. These Regulations come into force on the day on which they are registered.
(This statement is not part of the Regulations.)
Issue and objectives
The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) indicated that section 19 of the Government Property Traffic Regulations (the Regulations) is not supported in full by the authorities in the Government Property Traffic Act (the Act).
The objective of the amendment is to delete the words “all at the expense of the owner” from Section 19 of the Regulations, which the SJCSR considers to be ultra vires of the Act.
Description and rationale
Before this amendment, section 19 of the Regulations stated: “A constable who finds a vehicle parked in contravention of these Regulations may, in addition or as an alternative to any other action that may be taken under these Regulations, remove the vehicle and, where the constable deems it necessary to protect the vehicle or the interests of the owner, store the vehicle in a suitable place, all at the expense of the owner.”
The purpose of section 19 of the Regulations is to remove vehicles illegally parked to avoid traffic obstructions, and the storage of these vehicles, once removed, is a necessary consequence.
Removing the phrase “all at the expense of the owner,” from section 19 of the Regulations will have little financial impact on the Department. The number of vehicles towed on an annual basis has not been documented, as it is very low. As well, it is not expected to have a tangible negative effect on other departments, as defined in the Regulations. There are other legal avenues available to them to recover the costs of moving and/or storing such vehicles, for example towing and storage companies can place a lien on a vehicle until payment is received.
In June 2008, Public Works and Government Services Canada consulted affected custodial departments via the Treasury Board Secretariat’s Advisory Committee on Real Property and received no objections to the removal of the phrase.
Implementation, enforcement and service standards
Enforcement officers have been or will soon be made aware of the amendment to the Regulations. No additional resources will be required.
Program Management Sector
Real Property Branch
Department of Public Works and Government Services Canada
Place du Portage III, Tower B, Room 10B3-104
11 Laurier Street
S.C. 1996, c. 7, s. 38
R.S., c. G-6
C.R.C., c. 887