Vol. 150, No. 14 — July 13, 2016
Registration
SOR/2016-200 June 22, 2016
CONTRAVENTIONS ACT
Regulations Amending the Contraventions Regulations
P.C. 2016-627 June 21, 2016
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1 Parts I and II of Schedule I to the Contraventions Regulations (see footnote 1) are repealed.
2 The portion of item 2 of Part III of Schedule I to the French version of the Regulations in column II is replaced by the following:
Article |
Colonne II |
---|---|
2 |
|
3 The portion of item 3 of Part III of Schedule I to the Regulations in column II is replaced by the following:
Item |
Column II |
---|---|
3 |
|
4 The portion of item 4 of Part III of Schedule I to the French version of the Regulations in column II is replaced by the following:
Article |
Colonne II |
---|---|
4 |
|
5 The portion of item 8 of Part III of Schedule I to the French version of the Regulations in column II is replaced by the following:
Article |
Colonne II |
---|---|
8 |
|
6 Items 18 and 19 of Part III of Schedule I to the Regulations are repealed.
7 Items 22 and 23 of Part III of Schedule I to the Regulations are repealed.
8 The portion of items 50 and 51 of Part III of Schedule I to the Regulations in column II is replaced by the following:
Item |
Column II |
---|---|
50 |
Conduct a race, regatta, festival or other organized event without a written authorization |
51 |
Fail to comply with a condition of a written authorization to conduct a race, regatta, festival or other organized event |
9 The portion of items 54 and 55 of Part III of Schedule I to the French version of the Regulations in column II is replaced by the following:
Article |
Colonne II |
---|---|
54 |
Installer des plaques, affiches, panneaux ou dispositifs sans autorisation écrite |
55 |
Ne pas respecter une condition de l’autorisation écrite permettant d’installer des plaques, affiches, panneaux ou dispositifs |
10 The portion of item 56 and 57 of Part III of Schedule I to the Regulations in column II is replaced by the following:
Item |
Column II |
---|---|
56 |
Operate a commercial enterprise without written authorization |
57 |
Fail to comply with a condition of a written authorization to operate a commercial enterprise |
11 Items 58 to 61 of Part III of Schedule I to the Regulations are repealed.
12 Part I of Schedule I.01 to the Regulations is repealed.
13 The heading of Part I.02 of Schedule I.01 to the Regulations is replaced by the following:
National Parks of Canada Aircraft Access Regulations
14 The heading of column I of Part I.02 of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Aircraft Access Regulations”.
15 The heading of Part I.1 of Schedule I.01 to the Regulations is replaced by the following:
National Parks of Canada Camping Regulations
16 The heading of column I of Part I.1 of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Camping Regulations”.
17 The heading of Part II of Schedule I.01 to the Regulations is replaced by the following:
National Parks of Canada Domestic Animals Regulations
18 The heading of column I of Part II of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Domestic Animals Regulations”.
19 Paragraph 2(c) of Part II of Schedule I.01 to the Regulations is repealed.
20 (1) The portion of item 6 of Part II of Schedule I.01 to the Regulations in column I is replaced by the following:
Item |
Column I |
---|---|
6 |
5 |
(2) The portion of item 6 of Part II of Schedule I.01 to the French version of the Regulations in column II is replaced by the following:
Article |
Colonne II |
---|---|
6 |
Défaut de contenir un animal domestique par un moyen de retenue |
21 The portion of item 7 of Part II of Schedule I.01 to the Regulations in column I is replaced by the following:
Item |
Column I |
---|---|
7 |
5(a) |
22 The portion of item 8 of Part II of Schedule I.01 to the Regulations in columns I and II is replaced by the following:
Item |
Column I |
Column II |
---|---|---|
Provision of National Parks of Canada Domestic Animals Regulations |
Short-Form Description |
|
8 |
6 |
Failure to pick up and remove fecal matter |
23 The heading of Part III of Schedule I.01 to the Regulations is replaced by the following:
National Parks of Canada Fire Protection Regulations
24 The heading of column I of Part III of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Fire Protection Regulations”.
25 Items 1 and 2 of Part III of Schedule I.01 to the Regulations are replaced by the following:
Item |
Column I |
Column II |
Column III |
---|---|---|---|
Provision of National Parks of Canada Fire Protection Regulations |
Short-Form Description |
Fine ($) |
|
1 |
3(2)(a) |
Entering an area or highway referred to in a notice |
100 |
2 |
3(2)(b) |
Smoking in an area referred to in a notice |
200 |
2.1 |
3(2)(c) |
Starting or maintaining a fire in an area referred to in a notice |
200 |
26 The portion of item 9 of Part III of Schedule I.01 to the Regulations in columns II and III is replaced by the following:
Item |
Column II |
Column III |
---|---|---|
Short-Form Description |
Fine ($) |
|
9 |
Failure to immediately report unattended fire |
100 |
27 Item 10 of Part III of Schedule I.01 to the Regulations is repealed.
28 The heading of Part IV of Schedule I.01 to the Regulations is replaced by the following:
National Parks of Canada Fishing Regulations
29 The heading of column I of Part IV of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Fishing Regulations”.
30 The heading of Part V of Schedule I.01 to the Regulations is replaced by the following:
National Parks of Canada Garbage Regulations
31 The heading of column I of Part V of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Garbage Regulations”.
32 The portion of item 33 of Part II of Schedule I.1 to the Regulations in column II is replaced by the following:
Item |
Column II |
---|---|
Short-Form Description |
|
33 |
|
33 Item 4 of Part IV of Schedule I.1 to the Regulations is repealed.
34 The heading of column I of Schedule II to the French version of the Regulations is replaced by “Disposition du Règlement sur les canaux historiques”.
35 The portion of items 6 and 7 of Schedule II to the French version of the Regulations in column II is replaced by the following:
Article |
Colonne II |
---|---|
Description abrégée |
|
6 |
Comportement compromettant la sécurité de quiconque |
7 |
Faire un bruit exagéré entre 23 h et 6 h |
36 The portion of items 28 and 29 of Schedule II to the Regulations in column II is replaced by the following:
Item |
Column II |
---|---|
Short-Form Description |
|
28 |
Camping outside campground |
29 |
Camping at a campground other than in accordance with a permit |
37 The portion of item 53 of Schedule II to the Regulations in column I is replaced by the following:
Item |
Column I |
---|---|
Provision of Historic Canals Regulations |
|
53 |
35(3) |
38 Item 77 of Schedule II to the Regulations is repealed.
39 Item 53 of Part II of Schedule III.01 to the Regulations is repealed.
40 Item 65 of Part II of Schedule III.01 to the Regulations is repealed.
41 The portion of item 6 of Part II of Schedule IX to the Regulations in column II is replaced by the following:
Item |
Column II |
---|---|
Short-Form Description |
|
6 |
Indicate that prescribed equipment has been certified when it has not been certified |
42 Schedule XII to the Regulations is repealed.
43 The heading of Schedule XIII to the Regulations is replaced by the following:
Navigation Protection Act
44 The heading of column I of Schedule XIII to the Regulations is replaced by “Provision of Navigation Protection Act”.
45 The portion of item 1 of Schedule XIII to the French version of the Regulations in column II is replaced by the following:
Article |
Colonne II |
---|---|
Description abrégée |
|
1 |
|
46 The portion of item 1 of Schedule XIV to the Regulations in column I is replaced by the following:
Item |
Column I |
---|---|
Provision of Tobacco Act |
|
1 |
6(1) |
47 The portion of items 1 and 2 of Schedule XV to the Regulations in column II is replaced by the following:
Item |
Column II |
---|---|
Short-Form Description |
|
1 |
|
2 |
|
48 The portion of item 3 of Schedule XV to the Regulations in columns I and II is replaced by the following:
Item |
Column I |
Column II |
---|---|---|
Provision of Transportation of Dangerous Goods Act, 1992 |
Short-Form Description |
|
3 |
5(d) |
|
49 The portion of items 5 and 6 of Schedule XV to the Regulations in column II is replaced by the following:
Item |
Column II |
---|---|
Short-Form Description |
|
5 |
|
6 |
Fail to report to a prescribed person an actual or anticipated release of dangerous goods |
50 The portion of item 7 of Schedule XV to the French version of the Regulations in column II is replaced by the following:
Article |
Colonne II |
---|---|
Description abrégée |
|
7 |
Ne pas prendre de mesures d’urgence raisonnables pour atténuer ou prévenir les risques d’atteinte à la sécurité publique résultant ou pouvant résulter d’un tout rejet réel ou appréhendé provenant de contenants de marchandises dangereuses |
51 Column II of of Part II of Schedule III.01 to the Regulations is amended by replacing “migratory game bird” and “migratory game birds” with “migratory bird” and “migratory birds”, respectively, in the following provisions:
- (a) item 17;
- (b) item 20;
- (c) item 21;
- (d) item 25;
- (e) item 30;
- (f) item 31;
- (g) item 32;
- (h) item 33;
- (i) item 34;
- (j) item 36;
- (k) item 37;
- (l) item 38;
- (m) item 39;
- (n) item 40; and
- (o) item 41.
Coming into Force
52 These Regulations come into force on the 30th day after the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
A number of federal statutes and regulations that create offences designated as contraventions under the Contraventions Act (the Act) have been amended. To ensure legal consistency, these amendments should be reflected in the schedules to the Contraventions Regulations, which describe the offences designated as contraventions. The following types of amendments, exclusively technical, have prompted this initiative:
- — the acts and regulations that set out offences designated as contraventions have been repealed;
- — one or more sections of these acts or regulations have been repealed;
- — the title of these acts and regulations has been amended;
- — the numbering of some provisions cited in the schedules to the Contraventions Regulations has changed; and
- — some provisions in the substantive acts and regulations that set out offences designated as contraventions have been amended.
Background
Enacted in 1992, the Contraventions Act provides an alternative to the summary conviction procedure set out in the Criminal Code for the prosecution of certain federal offences. This simplified procedure allows enforcement authorities to commence the prosecution of a contravention by means of a ticket with the option of voluntary payment of the prescribed fine. This simplified procedure spares the offender from the legal ramifications of a Criminal Code conviction while saving money for the courts, the offender and the State.
Made under section 8 of the Act, the Contraventions Regulations identify the offences designated as contraventions, provide the short-form descriptions of these offences — reproduced by enforcement authorities on the ticket for the contravention — and prescribe the amount of the fine for each of these contraventions.
The amendments to the Contraventions Regulations are made within the broader context of an initiative undertaken by Justice Canada in order to update the Contraventions Regulations capturing technical amendments only.
Objectives
The technical amendments to the Contraventions Regulations are intended to reflect the current state of the law by ensuring internal consistency and preserving the integrity of the Federal Contraventions Regime.
Description
This initiative does not designate new offences as contraventions, nor does it change any of the fine amounts already set in the schedules to the Contraventions Regulations. The following is a summary of the technical amendments.
Statutes or regulations that set out offences designated as contraventions having been repealed, the resulting repeals involve the following:
- Schedule I, Canada Marine Act, Part I (Government Wharves Regulations) and Part II (Public Harbours Regulations);
- Schedule I.01, Canada National Parks Act, Part I (Canada National Parks Act); and
- Schedule XII, Motor Vehicle Transport Act, 1987, Commercial Vehicle Drivers Hours of Service Regulations, 1994.
One or more sections of acts and regulations that set out offences designated as contraventions having been repealed, the resulting amendments involve repeals in the following:
- Schedule I, Canada Marine Act, Part III (Seaway Property Regulations);
- Schedule I.01, Canada National Parks Act, Part II (National Parks of Canada Domestic Animals Regulations) and Part III (National Parks of Canada Fire Protection Regulations);
- Schedule I.1, Canada Shipping Act, 2001, Part IV (Competency of Operators of Pleasure Craft Regulations);
- Schedule II, Department of Transport Act, Historic Canals Regulations; and
- Schedule III.01, Migratory Birds Convention Act, 1994, Part II (Migratory Birds Regulations).
Titles of acts and regulations that set out offences designated as contraventions having been amended, the resulting amendments involve the headings of the following:
- Schedule I.01, Canada National Parks Act, Parts I.02, I.1, II, III, IV and V; and
- Schedule XIII, Navigable Waters Protection Act.
The numbering of some provisions of acts and regulations that set out offences designated as contraventions having been amended, the resulting amendments involve numbering contained in the following:
- Schedule I.01, Canada National Parks Act, Part II (National Parks of Canada Domestic Animals Regulations) and Part III (National Parks of Canada Fire Protection Regulations);
- Schedule II, Department of Transport Act, Historic Canals Regulations;
- Schedule XIV, Tobacco Act; and
- Schedule XV, Transportation of Dangerous Goods Act, 1992.
The wording of some provisions of acts and regulations that set out offences designated as contraventions having been amended, the resulting amendments involve wording contained in the following:
- Schedule I, Canada Marine Act, Part III (Seaway Property Regulations). For example, the French version of the short-form descriptions of items 2 and 4 of this Part was amended to replace the terms “entraver” and “nuire” by “gêner.”
Changes of the same nature have been made in the following schedules:
- Schedule I.01, Canada National Parks Act, Part II (National Parks of Canada Domestic Animals Regulations) and Part III (National Parks of Canada Fire Protection Regulations);
- Schedule I.1, Canada Shipping Act, 2001, Part II (Small Vessel Regulations);
- Schedule II, Department of Transport Act, Historic Canals Regulations;
- Schedule III.01, Migratory Birds Convention Act, 1994, Part II (Migratory Birds Regulations);
- Schedule IX, Radiocommunication Act, Part II (Radiocommunication Regulations);
- Schedule XIII, Navigable Waters Protection Act; and
- Schedule XV, Transportation of Dangerous Goods Act, 1992.
“One-for-One” Rule
The “One-for-One” Rule does not apply to this initiative because there is no change in administrative costs to business.
Small business lens
The small business lens does not apply because this initiative has no cost implications for small business.
Consultation
Because the amendments to the schedules to the Contraventions Regulations are the result of amendments or repeals already made to substantive acts or regulations, no public consultations were conducted.
Rationale
These amendments provide better consistency between the Contraventions Regulations and the substantive acts or regulations to which they refer.
The amendments to the schedules to the Contraventions Regulations do not generate any new costs for Canadians: they repeal items which refer to provisions that no longer exist in the substantive acts or regulations, update the numbering of cited provisions as well as amend the wording of short-form descriptions following amendments made to substantive acts and regulations.
Implementation, enforcement and service standards
The federal departments and agency (Transport Canada; Environment and Climate Change Canada; Innovation, Science and Economic Development Canada; Health Canada; and Parks Canada) responsible for the substantive acts and regulations affected by this initiative to update the Contraventions Regulations have been informed.
Contact
Ghady Thomas
Counsel
Implementation of the Contraventions Regime
Innovations, Analysis and Integration Directorate
Policy Sector
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: 613-954-6716
- Footnote a
S.C. 1996, c. 7, s. 4 - Footnote b
S.C. 1992, c. 47 - Footnote 1
SOR/96-313