Regulations Amending the Contraventions Regulations: SOR/2019-228
Canada Gazette, Part II, Volume 153, Number 13
Registration
SOR/2019-228 June 17, 2019
CONTRAVENTIONS ACT
P.C. 2019-804 June 16, 2019
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 8 footnote a of the Contraventions Act footnote b, makes the annexed Regulations Amending the Contraventions Regulations.
Regulations Amending the Contraventions Regulations
Amendment
1 Schedule XI to the Contraventions Regulations footnote 1 is replaced by the Schedule XI set out in the schedule to these Regulations.
Coming into Force
2 These Regulations come into force on the day on which they are registered.
SCHEDULE
(Section 1)
SCHEDULE XI
(Sections 1 to 3)
Saguenay-St. Lawrence Marine Park Act
|
Item |
Column I |
Column II |
Column III |
|---|---|---|---|
|
1 |
3(1) |
(a) Operating a marine tour business without a permit or authorization |
500 |
(b) Operating a cruise ship without a permit or authorization |
500 |
||
(c) Operating a shuttle service without a permit or authorization |
500 |
||
|
2 |
3(2) |
(a) Conducting |
500 |
(b) Holding a special activity without a permit or authorization |
500 |
||
|
3 |
4 |
Failing to ensure that a vessel is operated in accordance with the Regulations |
500 |
|
4 |
6(3) |
Failing to notify the Minister as soon as feasible of a change |
300 |
|
5 |
11(1)(a) |
Failing to notify the Minister of the specified information |
300 |
|
6 |
11(1)(b) |
Transferring a permit without the Minister’s approval |
300 |
|
7 |
11.1(1) |
Failing to ensure that the operator or guide holds the specified certificate |
300 |
|
8 |
11.1(4) |
Engaging in an activity referred to in a permit without carrying the certificate |
300 |
|
9 |
11.3(1) |
Failing to ensure that the vessel’s log book is maintained |
300 |
|
10 |
11.3(2) |
Failing to record the required information in the logbook |
300 |
|
11 |
11.3(3) |
Failing to present the |
300 |
|
12 |
11.4(1)(a) |
Failing to ensure that the vessel is equipped with a GPS |
500 |
|
13 |
11.4(1)(b) |
Failing to ensure that the vessel is equipped with a navigation radar |
500 |
|
14 |
11.4(1) and (2) |
Failing to ensure that the GPS and radar are in good working order and are turned on when the vessel is in operation |
500 |
|
15 |
12 |
Failing to ensure that the vessel flies the appropriate identification flag in the specified manner |
300 |
|
16 |
13(1) |
Failing to ensure the display of an approved sign as required |
300 |
|
17 |
14(1) |
Engaging in behaviour that may kill, injure or disturb a marine |
500 |
|
18 |
14(4) |
Failing to report an incident involving a marine mammal as required |
300 |
|
19 |
14.2 |
Entering a temporary exclusion area |
500 |
|
20 |
14.4(a) |
Using a personal watercraft |
500 |
|
21 |
14.4(b) |
Using an air cushion vehicle |
500 |
|
22 |
14.4(c) |
Conducting a water sport activity using a specified means as a method of traction |
500 |
|
23 |
14.4(d) |
Offering any commercial services related to hunting migratory birds |
500 |
|
24 |
15(1) |
Permitting a specified vessel to approach a cetacean within the specified distance |
500 |
|
25 |
15(2) |
Placing a specified |
500 |
|
26 |
15(3) |
Failing to place the engine of a specified vessel in neutral gear |
500 |
|
27 |
15(4) |
Permitting a specified vessel to approach a cetacean and a calf or a resting cetacean within 200 m |
500 |
|
28 |
15.1(1) |
Failing to maintain at least 400 m between a vessel and a specified marine mammal |
500 |
|
29 |
15.1(2) |
Placing a vessel within 400 m of the path of a specified marine |
500 |
|
30 |
15.1(3) |
Failing to maintain course until a beluga is more than 400 m away from the vessel |
500 |
|
31 |
15.1(4) |
Failing to place the vessel engine in neutral gear or move the vessel away in the required manner |
500 |
|
32 |
16 |
Permitting a specified vessel to approach a cetacean within 200 m in the specified circumstances |
500 |
|
33 |
17 |
Permitting a specified vessel to enter an observation zone or observation area in the specified circumstances |
500 |
|
34 |
18 |
(a) Flying an aircraft within 609.6 m of the surface of the water without the specified permit |
500 |
(b) Causing an aircraft to take off without the specified permit |
500 |
||
(c) Landing an aircraft without the specified permit |
500 |
||
|
35 |
19 |
Operating a vessel at a speed greater than 25 knots |
500 |
|
36 |
19.1 |
Operating a vessel at a speed greater than the specified speed during the specified period |
500 |
|
37 |
20 |
Operating a vessel at a speed greater than 10 knots |
500 |
|
38 |
21(a) |
Operating a specified vessel at a speed greater than the specified speed in the specified circumstances |
500 |
|
39 |
21(b) |
Stopping or starting a vessel, or changing its direction, in a repetitive manner in the specified circumstances |
500 |
|
40 |
22 |
Failing to reduce the speed of a specified vessel to the specified speed in the specified circumstances |
500 |
|
41 |
23 |
Remaining stationary or failing to operate a vessel at the specified speed in the specified circumstances |
500 |
|
42 |
24 |
Changing the direction of a vessel in a repetitive manner when less than 926 m from a beluga |
500 |
|
43 |
25(1) |
(a) Keeping a vessel in observation mode for more than one hour |
500 |
(b) Operating a vessel in a specified zone or area for more than one hour |
500 |
||
|
44 |
25(2) |
Permitting a vessel to re-enter a specified zone or area less than one |
500 |
|
45 |
26(1)(a) |
Permitting a specified vessel to approach a cetacean within the specified distance for more than the specified periods during an excursion |
500 |
|
46 |
26(1)(b) |
Permitting a specified vessel to approach a cetacean within the specified distance more than once in the specified zone or area |
500 |
|
47 |
26(2) |
Failing to notify other nearby vessels in the specified manner and circumstances |
500 |
|
48 |
26(3) |
(a) Placing a vessel in observation mode |
500 |
(b) Causing a vessel to enter the specified observation zone |
500 |
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
In order to allow the enforcement of newly introduced offences in the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations through the ticketing procedure established under the Contraventions Act, these offences must be included in the Contraventions Regulations.
Furthermore, certain technical amendments made to the provisions of the Marine Activities in the SaguenaySt. Lawrence Marine Park Regulations must be reflected in the Contraventions Regulations. Finally, certain fine amounts of existing contraventions are being augmented to reflect current concerns regarding public safety and the environment.
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 procedure reflects the distinction between criminal offences and regulatory offences and 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, therefore avoiding the longer and more costly summary conviction procedure set out in the Criminal Code. This spares the offender from the legal ramifications of a Criminal Code conviction (such as a criminal record) while ensuring that court and criminal justice resources can be focussed on the prosecution of more serious offences. This ticketing procedure is a more reasonable and effective approach for relatively minor infractions, and provides for fines that are more proportionate to the seriousness of these offences.
Made under section 8 of the Contraventions Act, the Contraventions Regulations identify the federal offences designated as contraventions by reference to the substantive act or regulation creating these offences, provide the short-form description of these offences — reproduced by enforcement officers on the contraventions ticket — and prescribe the amount of the fine for each of these contraventions.
Enforcement of certain offences found in the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations, is already done through the ticketing regime under the Contraventions Act. Schedule XI to the Contraventions Regulations describes the offences contained in the regulations that are designated as contraventions, and provides a short-form description of the offences and the amount of the fine for each offence.
In 2017, amendments were made to the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations to take into consideration changes related to marine mammal observation activities in the park and to ensure that the marine park fulfils its mandate. The objectives of those amendments were to update the standards that were developed to control activities within the marine park and ensure that they are in line with the changing conditions in which marine mammal observation activities take place as well as establish new practices that foster better protection of the ecosystem and marine mammals. The amendments also introduced new offences.
Objective
These amendments to Schedule XI to the Contraventions Regulations designate as contraventions new provisions of the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations in order to provide enforcement officers with an appropriate enforcement tool to ensure compliance. Furthermore, the fine amounts of several items already contained in the Schedule are being increased in order to reflect current standards of compliance. Finally, technical amendments are being made in order to ensure that the Contraventions Regulations accurately reflect the substantive regulations which were amended under instrument SOR/2016-257 in 2016 and came into force on January 1, 2017.
Description
New offences are being designated as contraventions in Schedule XI to the Contraventions Regulations. The fine amounts for these new contraventions range between $300 and $500. The following sections of the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations will now be designated as contraventions: 11.1(1), 11.1(4), 11.3(1), 11.3(2), 11.3(3), 11.4(1), 11.4(2), 13(1), 14.2, 14.4(a), 14.4(b), 14.4(c), 14.4(d), 15(4), 15.1(1), 15.1(2), 15.1(3), 15.1(4), 17, 19.1, 23, 24, 25(1), 25(2), 26(2), 26(3).
Certain fine amounts for existing contraventions are amended in order to increase the fine amount. This type of amendment involves sections 3(1), 3(2), 4, 12, 15(1), 15(2), 15(3), 15(4), 16, 18, 19, 20, 21(a), 21(b) and 22 of the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations.
The fine amounts that are set at $300 for the new contraventions, as well as the fine amounts of existing contraventions that are augmented to $300, are for offences pertaining to administrative requirements, such as the contravention for section 12 of the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations which states that “The holder of a class 1 or 2 permit, a shuttle service permit or a scientific research permit shall ensure that the vessel operating under the permit flies the appropriate identification flag issued with that permit in a manner that clearly identifies the type of authorized activity which the vessel is carrying out.” The fine amounts that are set at $500 for the new contraventions, as well as the fine amounts of existing contraventions that are augmented to $500, are for offences which have environmental impacts, such as the contravention for subsection 14(1) of the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations which indicates that “No person shall engage in behaviour in the park that may kill or injure a marine mammal or cause the disturbance of a marine mammal.”
Certain existing contraventions contained in the Contraventions Regulations are being amended in order to reflect the new numbering or wording of the substantive provisions. These amendments involve the following sections of the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations: 3(1), 3(2), 6(3), 11(1)(a)(i), 11(1)(a)(iii), 14(1), 14(2), 15(1), 15(2), 15(3), 15(4), 16, 21(a), 21(b), 22, 23(1)(a) and 23(1)(b).
Item 1 paragraph (d), as well as items 5, 18, 27, 28, 29 of the previous version of Schedule XI to the Contraventions Regulations are being removed in order to accurately reflect the substantive regulations.
Regulatory development
Consultation
Online consultations pertaining to the amendments were conducted by Parks Canada from December 3, 2018, to January 18, 2019, and posted on the Parks Canada website and the Consulting with Canadians website.
Two stakeholders provided comments in response to the consultation that related to the substantive regulations, the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations, and were not specifically related to the designation of contraventions. An additional comment indicated that the fine amount of $500 for the contravention for subsection 3(1) (Operating a business without a permit) of the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations should be higher. Although no changes were made to the regulations in response to the comments, Parks Canada provided some clarification on the regime and the nature of the amendments to the Contraventions Regulations being the basis of the consultation process. With regards to the comment on the fine amount, it was explained to the stakeholder that the summary conviction process remains an enforcement tool when circumstances warrant, and in which case fine amounts would be higher.
Modern treaty obligations and Indigenous engagement and consultation
Indigenous peoples are not being impacted by this proposal. These amendments to the Contraventions Regulations do not create new offences nor do they impose any new restrictions or burdens. These amendments designate existing offences as contraventions in order to allow enforcement officers to use the Contraventions Act regime as an enforcement tool.
Instrument choice
In order to have these offences enforced through the Contraventions Act regime and to allow enforcement officers to issue contraventions tickets for these offences, they must first be designated as contraventions and included in the Contraventions Regulations.
The Contraventions Regulations have been amended multiple times in order to designate new contraventions and to reflect amendments made to substantive regulations.
Regulatory analysis
Costs and benefits
The designation of offences as contraventions provides enforcement officers with the appropriate enforcement tool to better enforce the provisions of the regulations. Offenders will also be subject to a process that is more appropriate and proportionate to the nature of the offence. The offender can pay the fine and avoid the burden of having to appear in court or, should they choose to plead not guilty, the ticket can be contested in court.
Since the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations came into force, the number of cruise ships navigating the waters of the Marine Park has risen substantially as a result of the growth of the cruise ship industry in Quebec, which raises significant concerns for public safety and the environment. In addition to the increased risks to public safety, heavy marine traffic creates various environmental impacts, including hydrocarbon contamination, underwater noise and impacts on wildlife species through an increased risk of collisions and the disturbance of marine mammals’ feeding, resting and reproduction activities. In response to these developments and in light of the Marine Park’s experience over the past 15 years, certain fine amounts in Schedule XI of the Contraventions Regulations are therefore being increased in order to provide for increased deterrence. The designation of offences as contraventions does not impose new burdens or costs on stakeholders.
Small business lens
The small business lens does not apply as there are no cost implications for small business.
“One-for-One” Rule
The “One-for-One” Rule does not apply as there is no change in administrative burden.
Regulatory cooperation and alignment
This proposal is not related to a work plan or commitment under a formal regulatory cooperation forum.
Strategic environmental assessment
In accordance with The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus
No gender-based analysis plus (GBA+) impacts have been identified for this proposal.
Implementation, compliance and enforcement, and service standards
These regulations will come into force on the day on which they are registered.
The amendments to the Contraventions Regulations give enforcement officers an appropriate enforcement measure, allowing them to fulfil their mandate effectively and to promote regulatory compliance.
Contact
Amy-Lyne Gauthier
Counsel
Programs Branch Legal Services Division
Policy Sector
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: 613‑952‑8347