Vol. 148, No. 26 — December 17, 2014

Registration

SOR/2014-295 December 5, 2014

CONTRAVENTIONS ACT

Regulations Amending the Contraventions Regulations

P.C. 2014-1373 December 4, 2014

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 8 (see footnote a) of the Contraventions Act (see footnote b), makes the annexed Regulations Amending the Contraventions Regulations.

REGULATIONS AMENDING THE CONTRAVENTIONS REGULATIONS

AMENDMENTS

1. Schedule I.3 to the Contraventions Regulations (see footnote 1) is amended by adding the following before Part I:

PART 0.1

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Item Column I

Provision of Canadian Environmental Protection Act, 1999		 Column II



Short-Form Description		 Column III



Fine ($)
1. 95(1)(a) Specified person failing to notify and provide written report to an enforcement officer or designated person as soon as possible after the release or likelihood of a release of a toxic substance into the environment 500

2. Part II of Schedule I.3 to the Regulations is replaced by the following:

PART II

BENZENE IN GASOLINE REGULATIONS

Item Column I

Provision of Benzene in Gasoline Regulations		 Column II


Short-Form Description		 Column III


Fine ($)
1. 7(1)(b) Primary supplier failing to submit specified information to the Minister at least 15 days before starting to supply gasoline 500
2. 7(3) Primary supplier failing to submit updated information to the Minister within five days after change to submitted information 500
3. 8(1) and (2)(b) Primary supplier failing to submit to the Minister a report that has been signed by an authorized official and contains the specified information on or before February 15 following the year during which gasoline was supplied 500
4. 10(b) Primary supplier failing to retain in Canada the specified records and related written evidence for a period of five years from the day on which the records were made 500
5. 13(1) Primary supplier failing to record the specified information before dispatching or importing a batch of gasoline-like blendstock 500
6. 20 Primary supplier failing to make a record that includes the specified information for each batch they supply 500
7. 21(1) Primary supplier failing to put in place a compliance plan that contains the specified information 150 days before the beginning of the first year for which they elect to meet a requirement on the basis of a yearly pool average 500
8. 21(2) Primary supplier failing to send to the Minister a compliance plan signed by an authorized official at least 150 days before the beginning of the first year for which they elect to meet a requirement on the basis of a yearly pool average 500
9. 21(3) Primary supplier failing to submit an updated compliance plan to the Minister at least 45 days before changing the specified information 500
10. 22(3) Primary supplier failing to submit to the Minister a report containing the specified information by May 31 after the year for which an audit was carried out 500

3. Parts V and VI of Schedule I.3 to the Regulations are repealed.

4. The portion of item 1(b) in Part VII of Schedule I.3 to the Regulations in Column II is replaced by the following:

Item Column II

Short-Form Description
1. (b) Copy of Canada Border Services Agency declaration of imports or exports not submitted to the Minister

5. Part VIII of Schedule I.3 to the Regulations is replaced by the following:

PART VIII

PULP AND PAPER MILL DEFOAMER AND WOOD CHIP REGULATIONS

Item Column I

Provision of Pulp and Paper Mill Defoamer and Wood Chip Regulations		 Column II



Short-Form Description		 Column III



Fine ($)
1. 6(1) Person who manufactures, imports, offers for sale or sells specified defoamers failing to submit to the Minister a report containing the specified information not later than 60 days after last day of each quarter 500
2. 6(2) Operator that uses a specified bleaching process failing to submit to the Minister a report containing the specified information not later than 60 days after last day of each quarter 500
3. 7 Specified operator that receives a defoamer failing to keep a record containing the specified information for a period of five years 500
4. 8 Person who manufactures, imports, offers for sale or sells a specified defoamer failing to keep a record containing the specified information for a period of five years 500
5. 9 Operator failing to keep for a period of five years records in respect of each delivery of wood chips originating from a specified facility showing the specified information 500

6. Parts XI and XII of Schedule I.3 to the Regulations are replaced by the following:

PART XI

VINYL CHLORIDE RELEASE REGULATIONS, 1992

Item Column I

Provision of Vinyl Chloride Release Regulations, 1992		 Column II


Short-Form Description		 Column III


Fine ($)
1. 6(1) Operator failing to submit a report in the specified form to the Minister not later than 30 days after the end of each quarter 500
2. 8(1)(a) Operator failing to submit a compliance report in the specified form and all supporting information to the Minister once each calendar year 500
3. 8(1)(b) Operator failing to submit a compliance report in the specified form and all supporting information to the Minister on request 500
4. 9(1)(b) Operator failing to submit a plan for the control of fugitive emissions to the Minister by the day on which the plant commences operations 500
5. 10(1)(b) Operator failing to submit the specified plan to the Minister by the day on which the plant commences operations 500
6. 11 Corporation submitting report or plan that is not signed by an authorized officer 500
7. 12 (a) Operator failing to retain at the plant, for a period of three years, information in respect of any plan or report submitted 500
    (b) Operator failing to make the specified information available to an enforcement officer on request within the time established in the request 500

PART XII

CONTAMINATED FUEL REGULATIONS

Item Column I

Provision of Contaminated Fuel Regulations		 Column II


Short-Form Description		 Column III


Fine ($)
1. 5(1) and (3) Importer of contaminated fuel failing to keep, for a period of five years after the day on which they are made, records 500
    containing the specified information that have been maintained for each shipment  
2. 5(2) and (3) Exporter of contaminated fuel failing to keep for each shipment, for a period of five years after the day on which it is made, a document proving that importation is authorized or permitted by the appropriate authority in the country of destination 500

PART XIII

TETRACHLOROETHYLENE (USE IN DRY CLEANING AND REPORTING REQUIREMENTS) REGULATIONS

Item Column I

Provision of Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations 		 Column II





Short-Form Description		 Column III





Fine ($)
1. 4 Using tetrachloroethylene for dry cleaning unless the tetrachloroethylene, waste water and residue are stored in closed containers when access is not required 500
2. 11(b) and 15 Importer of tetrachloroethylene failing to submit to the Minister by the specified date a report in the required form that contains the specified information and is signed and dated by an authorized person 500
3. 12(1)(b) and 15 Person who recycles tetrachloroethylene failing to submit to the Minister by the specified date a report in the required form that contains the specified information and is signed and dated by an authorized person 500
4. 13(b) and 15 Person who sells tetrachloroethylene to the owner or operator of a dry-cleaning machine failing to submit to the Minister by the specified date a report in the required form that contains the specified 500
    information and is signed and dated by an authorized person  
5. 14(b) and 15 Owner or operator of a dry-cleaning facility who uses tetrachloroethylene failing to submit to the Minister by the specified date a report for each facility in the required form that contains the specified information and is signed and dated by an authorized person 500
6. 16 Specified person failing to keep the specified books and records, a copy of the specified report and any supporting documentation at their principal place of business in Canada or that of their representative for the required period 500

PART XIV

SOLVENT DEGREASING REGULATIONS

Item Column I

Provision of Solvent Degreasing Regulations 		 Column II


Short-Form Description		 Column III


Fine ($)
1. 7(a) and 9 Person who has a consumption unit failing to submit to the Minister within the specified period a report on the provided form that contains the specified information and is signed and dated by an authorized person 500
2. 7(b) Person who has a consumption unit failing to keep at the location where the solvent is used for the specified period a copy of the report submitted to the Minister and the other specified documents 500
3. 8(a) and 9 Person who sells solvent for use in degreasing failing to submit to the Minister within the specified period a report on the provided form that contains the specified 500
    information and is signed and dated by an authorized person  
4. 8(b) Person who sells solvent for use in degreasing failing to keep at their principal place of business in Canada for the specified period a copy of the report submitted to the Minister and the other specified documents 500

PART XV

ENVIRONMENTAL EMERGENCY REGULATIONS

Item Column I

Provision of Environmental Emergency Regulations		 Column II


Short-Form Description		 Column III


Fine ($)
1. 3(4) Person who owns or has charge, management or control of a specified substance failing to resubmit a notice within 60 days after the occurrence of a specified change 500
2. 3(5) Person who owns or has charge, management or control of a specified substance failing to notify the Minister within 90 days after the quantity of the substance or the maximum capacity of the largest container in which it is stored has, for 12 consecutive months, been less than the specified quantity 500
3. 3(5.1) Person who intends to close or decommission a facility or place where a specified substance is located failing to send a notice containing the specified information to the Minister within the required time 500
4. 3(6) Person required to submit the specified information not submitting to the Minister at the same time a signed certification, in the specified form, that the information contained in the notice is accurate and complete 500
5. 4(4)(b) Failing to submit to the Minister a report containing the requested information within six months after first being required to prepare an environmental emergency plan 500
6. 4(5) Person required to submit the specified report not submitting at the same time to the Minister a signed certification, in the specified form, that the information contained in the report is accurate and complete 500
7. 5(1)(b) (a) Failing to implement and test environmental emergency plan within one year after first being required to prepare one 500
    (b) Failing to submit a notice to the Minister with the requested information within one year after first being required to prepare an environmental emergency plan 500
8. 5(2) Person required to submit a notice failing to submit to the Minister at the same time a signed certification, in the specified form, stating that the information contained in the notice is accurate and complete 500
9. 7(3) Person who amends an environmental emergency plan failing to submit a report containing the requested information to the Minister within six months after first being required to prepare a plan 500

PART XVI

2-BUTOXYETHANOL REGULATIONS

Item Column I

Provision of 2-Butoxyethanol Regulations		 Column II


Short-Form Description		 Column III


Fine ($)
1. 8(1) and (3) Person that submits the specified information failing to keep a copy of it, the certification and any supporting documents for a period of at least five years at their principal place of business in Canada or, if they have provided the Minister with the civic address, at another place in Canada where they can be inspected 500
2. 8(2) and (3) Manufacturer or importer of a specified product failing to keep the specified information for a period of at least five years at their principal place of business in Canada or, if they have provided the Minister with the civic address, at another place in Canada where it can be inspected 500

PART XVII

PERFLUOROOCTANE SULFONATE AND ITS SALTS AND CERTAIN OTHER COMPOUNDS REGULATIONS

Item Column I

Provision of Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations		 Column II





Short-Form Description		 Column III





Fine ($)
1. 9(1) and 10(1) Person that imports a specified substance or product failing to submit to the Minister no later than March 31 of the calendar year following that of importation, a report in a form determined by the Minister containing the specified information and accompanied by the required certification 500
2. 11 Person that submits information to the Minister failing to keep a record that includes a copy of the information, the required certification and any supporting documents for at least five years from the submission date at their principal place of business in Canada or, if they have provided the Minister with the civic address, at another place in Canada where the record can be inspected 500

PART XVIII

PCB REGULATIONS

Item Column I

Provision of PCB Regulations		 Column II


Short-Form Description		 Column III


Fine ($)
1. 17(4) Applicant failing to notify the Minister in writing within 30 days of any change to the information provided 500
2. 22(2) Owner of land where the specified solids and liquids are located failing to submit to the Minister at least 30 days before their storage the specified information 500
3. 22(3) Owner of land where the specified solids and liquids are located failing to notify the Minister in writing at least 30 days before making any changes to the information provided 500
4. 26 Owner or operator of a PCB storage site failing to keep all points of access to the site locked or guarded 500
5. 28(1)(a) (a) Owner or operator of a PCB storage site failing to develop a fire protection and emergency procedures plan 500
    (b) Owner or operator of a PCB storage site failing to implement a fire protection and emergency procedures plan 500
6. 28(1)(a)(i) (a) Owner or operator of a PCB storage site failing to update the fire protection and emergency procedures plan once per year 500
    (b) Owner or operator of a PCB storage site failing to test the fire protection and emergency procedures plan once per year 500
7. 28(1)(a)(ii) Owner or operator of a PCB storage site failing to keep a written copy of the latest fire protection and emergency procedures plan at the site and at their principal place of business 500
8. 28(1)(a)(iii) Owner or operator of a PCB storage site failing to make the latest fire protection and emergency procedures plan readily available to persons who implement it and to the local authority responsible for fire protection 500
9. 28(1)(b) Owner or operator of a PCB storage site failing to ensure that all employees authorized to enter the site are familiar with the contents of the latest fire protection and emergency procedures plan 500
10. 28(1)(c) (a) Owner or operator of an indoor PCB storage site failing to equip the site with a fully operative fire alarm system that is maintained, inspected and tested in accordance with the National Fire Code 500
    (b) Owner or operator of an indoor PCB storage site failing to equip the site with the specified portable fire extinguishers or automatic fire suppression system 500
11. 28(1)(d) (a) Owner or operator of a PCB storage site failing to keep a copy of the specified records at the site 500
    (b) Owner or operator of a PCB storage site failing to make a copy of the specified records readily available to the local authority responsible for fire protection 500
12. 28(1)(e) Owner or operator of a PCB storage site failing to ensure that all employees authorized to enter the site are made aware of the hazards of PCBs and are familiar with the use of protective equipment and clothing and the clean-up procedures referred to in the specified Guidelines 500
13. 28(1)(f) Owner or operator of a PCB storage site failing to store absorbent materials for cleanup near the site 500
14. 29(1) and (4) Owner of the specified equipment or a liquid used in its servicing failing to affix the required label in a readily visible location on the equipment or container of liquid, no later than 30 days after the day on which it ceases to be used 500
15. 29(2) and (4) Owner of equipment for which an extension has been applied for failing to affix the required label in a readily visible location on the equipment 500
16. 29(3.1) and (4) Owner of equipment that is too small to bear the required label failing to affix the label in a readily visible location on the container in which it is stored 500
17. 30(1) Owner of the specified cable, pipeline or equipment that is in a room, tunnel or facility failing to either affix the required label in the specified location or place the required notice in the specified location 500
18. 30(2) Owner of the specified cable, pipeline or equipment which is partly dismantled failing to affix on each dismantled part the required label no later than 30 days after the day on which it is dismantled 500
19. 31(1) Owner or operator of a PCB storage site, other than that of an authorized transfer site or destruction facility, failing to affix the required label in a readily visible location on any specified product containing PCBs 500
20. 31(2) Owner or operator of a PCB storage site that is an authorized transfer site or destruction facility failing to affix the required label in a readily visible location on a fixed tank used for the storage of PCBs or specified products containing PCBs 500
21. 31(3) Owner or operator of a PCB storage site failing to place the required notice in a readily visible location at the entrance of the site 500
22. 32 Person required to affix a label on a product or container failing to ensure that it bears that label for the duration that they possess it 500
23. 39(1) and 42 Person who is required to prepare a specified report failing to submit that report to the Minister in the specified format on or before March 31 of the year following the calendar year for which it is made 500
24. 39(2) and 42 Person who is required to prepare the specified report failing to submit it to the Minister in the specified format by the specified date 500
25. 40(2) Person who provides the specified written report failing to include in it the specified information 500
26. 41 Person required to submit a report failing to keep a copy at their principal place of business in Canada for at least five years after day on which it is submitted 500
27. 43(b) and 45 Person who manufactures, processes, uses, sells, offers for sale, stores, imports or exports PCBs or products containing PCBs failing to maintain at the specified place and for the specified period records that demonstrate that they do so in accordance with the Act and Regulations 500
28. 44(1) and 45 Owner or operator of a PCB storage site failing to maintain at the specified place and for the specified period a record of all inspections conducted at the site containing the specified information 500
29. 44(2) and 45 Owner of equipment for which an extension of the end-of-use date is applied failing to maintain at the specified place and for the specified period a record of all inspections conducted on the equipment containing the specified information 500

PART XIX

CHROMIUM ELECTROPLATING, CHROMIUM ANODIZING AND REVERSE ETCHING REGULATIONS

Item Column I

Provision of Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations		 Column II




Short-Form Description		 Column III




Fine ($)
1. 3(2)(b) and 13 Failing to submit a notice to the Minister that is dated and signed by an authorized person and indicates the control method used as well as the other specified information at least 30 days before beginning to carry out a specified activity 500
2. 3(3) Submitting a notice that does not state, if required, whether a tensiometer or stalagmometer is or will be used to measure surface tension 500
3. 3(4) Failing to notify the Minister of intent to change either the control method or the surface tension measurement method for a tank at least 30 days before the change is to be implemented 500
4. 5(5) Failing to notify the Minister of intent to perform a release test, specifying the civic address at which and the period within which the test will be performed, at least 30 days before the test 500
5. 6(4)(b) Person that implements an inspection and maintenance plan failing to keep a record containing the specified information 500
6. 7(3) Person that controls the release of hexavalent chromium compounds from a tank in the specified manner failing to measure and record the surface tension every day that the tank is used 500
7. 9(3)(b) Person that performs an inspection or maintenance task failing to keep a record containing the specified information 500
8. 10(5) Person required to conduct a smoke test failing to record the specified information 500
9. 11(1) and (4) and 13 Person that performs a release test failing to submit to the Minister, within 75 days of taking the last sample, a report in a form determined by the Minister that is dated and signed by an authorized person and contains the specified information 500
10. 11(2) and (4) and 13 Person that controls the release of compounds as specified failing to submit to the Minister, by the specified dates, a report in a form determined by the Minister that is dated and signed by an authorized person and contains the specified information 500
11. 12 Person that provides the specified written report failing to include in it the specified information 500
12. 14 Owner or operator of the specified equipment failing to keep all specified documents for a period of at least five years at the facility where the equipment is located or, on notification to the Minister of the civic address and the facility to which each document pertains, at another place in Canada where they can be inspected 500

PART XX

VOLATILE ORGANIC COMPOUND (VOC) CONCENTRATION LIMITS FOR AUTOMOTIVE REFINISHING PRODUCTS REGULATIONS

Item Column I

Provision of Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations		 Column II





Short-Form Description		 Column III





Fine ($)
1. 13(1)(a) Manufacturer of a specified product failing to maintain records containing the specified information 500
2. 13(1)(b) Importer of a specified product failing to maintain records containing the specified information 500
3. 13(1)(c) Person that sells a specified product to a supplier, wholesaler or retailer failing to maintain records containing the specified information 500
4. 13(2) and (3) Person that submits the specified information failing to keep a record of it, the supporting documents and the certification for a period of at least five years at their principal place of business in Canada or, if they have provided the Minister with the civic address, at another place in Canada where they can be inspected 500

PART XXI

VOLATILE ORGANIC COMPOUND (VOC) CONCENTRATION LIMITS FOR ARCHITECTURAL COATINGS REGULATIONS

Item Column I

Provision of Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations		 Column II





Short-Form Description		 Column III





Fine ($)
1. 19(1)(a) Manufacturer of a specified architectural coating failing to maintain records containing the specified information 500
2. 19(1)(b) Importer of a specified architectural coating failing to maintain records containing the specified information 500
3. 19(1)(c) Person that sells a specified architectural coating to a supplier, wholesaler or retailer failing to maintain records containing the specified information 500
4. 19(2) and (3) Person that submits the specified information failing to keep a record of it, the supporting documents and the certification for a period of at least five years at their principal place of business in Canada or, if they have provided the Minister with the civic address, at another place in Canada where they can be inspected 500

COMING INTO FORCE

7. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Made pursuant to section 8 of the Contraventions Act, the Contraventions Regulations (CR) identify which federal offences are designated as contraventions, establish a short-form description — used by enforcement officers as wording on the ticket issued — and set an applicable fine for each contravention.

Two main issues are addressed by the amendments to Schedule I.3 of the Contraventions Regulations. First, certain amendments made since 2002 to the existing regulations under the Canadian Environmental Protection Act, 1999 (CEPA 1999) have yet to be reflected in Schedule I.3 to the Contraventions Regulations. A difference in the language between these new provisions of the regulations made under CEPA 1999 and the existing short-form descriptions of the provision in the Contraventions Regulations creates uncertainty regarding the requirements to be met under the contraventions regime.

Second, the current Schedule I.3 to the Contraventions Regulations does not include the 10 new regulations created under CEPA 1999 since 2002. The addition of these 10 regulations in Schedule I.3 of the Contraventions Regulations allows the prosecution of offences under these regulations by means of contraventions tickets. Otherwise, all offences under these regulations would have to continue to be prosecuted through the Criminal Code summary conviction process. This route is time consuming and costly to the individuals as well as to the Government. The contraventions regime presents a more reasonable approach to enforce these minor offences as the offender can choose to plead guilty and pay a fine without having to appear in court. Making use of this regime for this type of offence saves valuable time for the courts and for the enforcement agency, which can be dedicated to the prosecution of more serious offences.

Background

The Contraventions Act was passed in October 1992 to establish a simplified procedure as an alternative to the summary conviction process under the Criminal Code for the prosecution of certain federal offences designated as contraventions by regulations. This simplified procedure makes it possible for an enforcement officer to initiate the prosecution of a contravention by means of a ticket, which can be paid voluntarily or challenged by an offender.

Without this simplified procedure, enforcement officers have to prosecute offenders through the federal criminal process even for minor violations. This route can be time consuming and costly to the offender as well as to the Government. The contraventions regime presents a more reasonable approach to enforce minor offences as an offender can choose to plead guilty and pay a fine without having to appear in court. This regime ensures that the enforcement of offences designated as contraventions is less onerous on the offender and more proportionate to the seriousness of the violation. While there is no data from which one can draw a comparison, there is consensus among all key players that designating contraventions results in savings to the entire justice system and provides the public with a quick and convenient process for handling designated federal offences. This regime saves valuable time for the courts and for enforcement agencies, which can be dedicated to the prosecution of other, more serious offences. In addition, by offering enforcement officers an appropriate enforcement measure, the contraventions regime allows them to effectively carry out their mandate, thus promoting greater compliance and deterring offenders from committing future offences.

Under the contraventions regime, the enforcement of the Canadian Environmental Protection Act, 1999 and related regulations is carried out through a ticketing scheme under the Contraventions Act. Only offences designated as “contraventions” can be enforced through the ticket scheme. The short-form description contained in the Schedule I.3 of the Contraventions Regulations identifies the key elements of a given offence and is used by enforcement officers as wording on the ticket issued.

Objectives

The Regulations Amending the Contraventions Regulations is to promote greater compliance with administrative requirements to improve the information on which Environment Canada relies to enforce its regulations, thereby increasing the level of protection of the environment provided by those regulations. This will be achieved by giving enforcement officers protecting the environment a greater number of offences for which tickets will be available as an appropriate enforcement measure, enabling them to effectively carry out their mandate more efficiently.

Description

The amendments to Schedule I.3 of the Contraventions Regulations do not create new offences, nor do they impose new restrictions or burdens on individuals or businesses. They are part of a system that ensures that the enforcement of offences designated as contraventions will be less onerous on the offender and more proportionate to the seriousness of the violation.

In summary, the amendments to Schedule I.3 of the Contraventions Regulations would

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as these Regulations are not regulating business.

Small business lens

The small business lens does not apply to this proposal, as these Regulations are not regulating business.

Consultation

In December 2012, Environment Canada launched an online public consultation inviting interested stakeholders to submit comments on the proposal to designate as contraventions various offences under regulations of the CEPA 1999. In the invitation to participate in the consultation process, Environment Canada informed stakeholders that comments received during this period would be taken into consideration while drafting the proposed amendments to the Contraventions Regulations.

For the most part, stakeholders expressed support for the proposed amendments and the continued use of contravention tickets to prosecute minor offences as an efficient enforcement tool for Environment Canada’s enforcement officers. Also, there were no substantive comments on the proposed addition to Schedule I.3 of the Contraventions Regulations.

Comments received during the consultation along with the Department of Justice and Environment Canada’s responses can be summarized in the following terms:

On this subject, Environment Canada reiterates the position outlined in its CEPA 1999 Compliance and Enforcement Policy: “in cases where the alleged ticketable offence continues for more than one day, enforcement officers are able to issue a ticket for every day that the alleged offence continues.” While it does not automatically mean that multiple tickets would be issued for a continuing offence, it is the enforcement officer’s prerogative.

The issuance of tickets for designated offences under the Contraventions Regulations is not systematic. Thus, Environment Canada’s enforcement officers look at the entire situation before determining which enforcement action to take. As stated in the CEPA 1999 Compliance and Enforcement Policy, enforcement officers apply a variety of criteria when deciding which action to take, one of which is the effectiveness in achieving a return to compliance with the Act, within the shortest possible time. For offences that are designated as contraventions under the Contraventions Regulations, enforcement officers may determine, following the assessment of all the facts of the offence, that a warning is the appropriate enforcement response, or they may determine that a ticket is the appropriate enforcement response. In the end, it will be at the enforcement officer’s discretion.

The main objective of the contraventions regime is to provide enforcement officers with an efficient tool to help secure compliance as quickly as possible. As stated earlier, following the assessment of all the facts of the offence by the enforcement officer, a warning or a ticket may be the appropriate enforcement response. The enforcement officers have discretion as they are the ones who possess all the facts. They consider a variety of factors such as whether this is a repeat occurrence or a first offence, evidence of any corrective action taken, or how similar situations have been handled in the past.

In addition, Environment Canada is planning to update its Compliance and Enforcement Policy. When this takes place, Environment Canada will take a look at all sections of the Policy, including the section titled “Responses to Alleged Violations.”

Rationale

These amendments to Schedule I.3 of the Contraventions Regulations impose no new costs on Canadians who are already subject to the Canadian Environmental Protection Act, 1999 and its regulations.

The addition of short-form descriptions and the amendment to existing short-form descriptions in Schedule I.3 of the Contraventions Regulations will allow an offender prosecuted by means of a ticket to choose to plead guilty and pay the fine without having to appear in court. Valuable time for the courts and enforcement agencies can thus be dedicated to the enforcement of other, more serious offences.

The amendments to the Contraventions Regulations also promote greater compliance with administrative requirements to improve the information on which Environment Canada relies to enforce its regulations, thereby increasing the level of protection of the environment.

Implementation, enforcement and service standards

These amendments add more clarity for both enforcement officers and users on what the provisions and their potential offences should be. In addition, by offering enforcement officers an appropriate enforcement measure, the contraventions regime allows them to effectively carry out their mandate, thus promoting greater compliance and deterring offenders from committing future offences.

Contact

Marie-Claude Gervais
Counsel
Implementation of the Contraventions Act
Innovations, Analysis and Integration Directorate
Policy Sector
Department of Justice
284 Wellington Street, Room 6303
Ottawa, Ontario
K1A 0H8
Fax: 613-941-5446