Regulations Amending the Contraventions Regulations: SOR/2024-243
Canada Gazette, Part II, Volume 158, Number 26
Registration
SOR/2024-243 November 29, 2024
CONTRAVENTIONS ACT
P.C. 2024-1269 November 29, 2024
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, makes the annexed Regulations Amending the Contraventions Regulations under section 8footnote a of the Contraventions Act footnote b.
Regulations Amending the Contraventions Regulations
Amendments
1 Section 3 of the Contraventions Regulations footnote 1 is renumbered as subsection 3(1) and is amended by adding the following:
(2) If the contravention of a provision set out in column I of the Schedules is related to a quota or a limit and both a base amount of the fine and an additional amount are set out in column III, the first item that exceeds the quota or limit is not subject to the additional amount.
2 Schedule II.1 to the Regulations is amended by adding the following after Part VIII:
PART IX
| Item | Column I Provision of the Manitoba Fishery Regulations, 1987 |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 13 | Fishing without a General Fishing Permit | 225 |
| 2 | 13.1 | Fishing for or catching and retaining fish during close time without a General Fishing Permit | 275 |
| 3 | 14(1) | Possessing fish that do not comply with the size limit or that exceed the possession quota | 200 plus 100 per additional fish, up to a maximum of 1,000 |
| 4 | 15 | Possessing live bait fish in an area where it is prohibited | 225 |
| 5 | 16(1) | Possessing live fish or live fish eggs without authorization | 225 |
| 6 | 16(2) | Bringing into or possessing in Manitoba, or releasing into Manitoba waters, live fish or live fish eggs without authorization | 275 |
| 7 | 16(3) | Bringing into Manitoba for use as bait any live fish, crayfish, leeches or salamanders without authorization | 225 |
| 8 | 16.1(1) | Handling, transporting or disposing of fish in a way that results in spoilage or waste | 200 |
| 9 | 17 | Failing to release fish in the least harmful manner to the water from which it was taken | 100 |
| 10 | 18 | Releasing tagged or marked fish into waters of Manitoba without authorization | 100 |
| 11 | 19(1) | Fishing for or catching and retaining fish during close time | 300 |
| 12 | 19(3) | Catching and retaining fish that do not comply with the size limit or that exceed the daily quota | 200 plus 100 per additional fish, up to a maximum of 1,000 |
| 13 | 19(4) | Possessing fish that do not comply with the size limit or that exceed the possession quota | 200 plus 100 per additional fish, up to a maximum of 1,000 |
| 14 | 22(1) | Taking or attempting to take fish using a prohibited method | 175 |
| 15 | 22(3) | Fishing in a stocked trout lake or stocked trout stream other than by angling | 175 |
| 16 | 23 | Using a boat propelled other than by human or electric power | 150 |
| 17 | 24(1) | Possessing fish that is prepared such that it is hard to identify, count or measure | 150 |
| 18 | 25(1)(a) | Angling in open water using more than a single line or more than a rod and line | 200 |
| 19 | 25(1)(b) | Angling in ice-covered water using more than two lines | 200 |
| 20 | 25(1)(c) | Angling using more than two hooks attached to a line | 200 |
| 21 | 25(1)(d) | Angling using a spring-loaded hook | 200 |
| 22 | 25(1)(e) | Angling using a prohibited species of fish or the offal of a specified species of fish for bait | 225 |
| 23 | 25(1)(f) | Angling using a hook other than a barbless hook | 100 |
| 24 | 25(2) | Possessing a hook that is attached to the end of a fishing line, other than a barbless hook | 100 |
| 25 | 26(a) | Angling in open water without keeping the line within sight | 100 |
| 26 | 26(b) | Failing to stay within 50 m of the line while angling in ice-covered water | 100 |
| 27 | 28 | Using natural bait while angling in specified waters | 100 |
| 28 | 30 | Spearfishing other than while swimming and using a barbed spear | 175 |
| 29 | 31(1) | Spearfishing for, or catching and retaining while spearfishing, a prohibited species of fish | 175 |
| 30 | 31(2) | Spearfishing for, or catching and retaining while spearfishing, a prohibited species of fish using scuba gear | 175 |
| 31 | 32 | Bow fishing for a prohibited species of fish or bow fishing with prohibited gear or in a prohibited place | 175 |
| 32 | 33(1) | Fishing using prohibited gear | 175 |
| 33 | 33(1.1) | Fishing using prohibited gear in the specified waters | 175 |
| 34 | 35 | Catching and retaining in any day or possessing more than 4 L of bait fish other than suckers and ciscoes | 200 |
| 35 | 35.1 | Possessing more than 180 live bait fish | 200 |
| 36 | 36 | Fishing with prohibited gear | 200 |
| 37 | 38(1) | Failing to clearly mark an unattended ice-fishing shelter in the specified manner | 100 |
| 38 | 38(2) | Failing to remove an ice-fishing shelter on ice-covered waters by the specified date | 175 |
| 39 | 38(3) | Failing to remove an ice-fishing shelter from ice-covered waters when directed by a fishery officer | 175 |
| 40 | 39 | (a) Selling fish not taken under a commercial fishing licence | 500 |
| (b) Trading fish not taken under a commercial fishing licence | 500 | ||
| (c) Bartering fish not taken under a commercial fishing licence | 500 | ||
| (d) Offering to sell fish not taken under a commercial fishing licence | 500 | ||
| (e) Offering to trade fish not taken under a commercial fishing licence | 500 | ||
| (f) Offering to barter fish not taken under a commercial fishing licence | 500 | ||
| 41 | 40 | Engaging in commercial fishing during close time | 500 |
| 42 | 42(3) | Engaging in commercial fishing for a species for which notice has been given that the annual quota has been taken | 500 |
| 43 | 45(2) | Fishing with a gill net whose mesh size is smaller than the minimum or larger than the maximum size specified in the notice | 500 |
| 44 | 51 | Fishing by means of net in any lake within 1.5 km of a stream or river mouth without authorization | 275 |
Coming into Force
3 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
To allow the enforcement of offences in the Manitoba Fishery Regulations, 1987 (“MFR”) through the ticketing procedure established under the Contraventions Act, the offences must be included in the Contraventions Regulations (“CR”).
In addition to the inclusion of the MFR, a systematization of the way fine amounts are calculated when additional fines are provided in Column III of the schedules was deemed desirable.
Background
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, known as the Contraventions Regime, reflects the distinction between criminal offences and regulatory offences. It 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 CR identify the federal offences designated as contraventions, provide a short-form description of these offences and prescribe the amount of the fine for each of these contraventions. The short-form description is reproduced on the ticket given to the offender.
The 2017 Evaluation of the Contraventions Act Program found the inherent value in a ticketing regime because it bridges the gap between non-binding warnings and the summary conviction procedure. The summary conviction procedure is inadequate in many scenarios involving relatively minor federal offences, as it involves steps, costs and consequences that may be disproportionate to the nature of these offences. Enforcement officers interviewed as part of the evaluation reported that, in the absence of a ticketing regime, they would routinely elect not to enforce many offences or turn to warnings.
Tickets for offences contained in the MFR are currently being issued under the procedure set out in section 79.7 of the Fisheries Act. Manitoba’s Department of Natural Resources and Northern Development, and Fisheries and Oceans Canada have expressed their desire to use the Contraventions Regime, which is used for minor fishery offences in the majority of Canada.
Enforcement of certain provisions of the Fisheries Act and seven regulations made under it is already done through the ticketing scheme under the CR. Schedule II.1 to the CR outlines the offences contained in the Maritime Provinces Fishery Regulations, the Ontario Fishery Regulations, 2007, the Newfoundland and Labrador Fishery Regulations, the Atlantic Fishery Regulations, 1985, the Fishery (General) Regulations, the Pacific Fishery Regulations, 1993, and the British Columbia Sport Fishing Regulations, 1996 that are designated as contraventions and provides a short-form description as well as the amount of the fine for each offence.
Like the other regulations made under the Fisheries Act, the MFR aim to conserve and protect fish and fish habitat while providing for rules concerning the management and control of fisheries.
Objective
The amendments to the CR are made to designate certain provisions of the MFR as contraventions, providing enforcement officers with an appropriate enforcement tool (i.e. the tool being used for minor fishery offences in the majority of Canada) to promote compliance with the regulated fishery matters such as protection of fish and fish habitat.
Furthermore, an amendment to the CR is made to clarify the calculation of fine amounts where an additional amount is provided in Column III of the schedules; this technical amendment is made to crystallize the current practice of adding “additional” amounts to certain fines.
Description
The amendments made to the CR designate as contraventions 44 offences contained in the MFR. The offences designated as contraventions are added to a new Part IX to Schedule II.1 to the CR. The fine amounts for these new contraventions range between $100 and $500.
Below are examples of offences that have now been designated as contraventions, along with their short-form description and set fine amount:
- Section 13: Fishing without a General Fishing Permit — $225
- Subsection 19(3): Catching and retaining fish that do not comply with the size limit or that exceed the daily quota — $200 plus $100 for each additional fish, up to a maximum of $1,000
- Subsection 45(2): Fishing with a gill net whose mesh size is smaller than the minimum or larger than the maximum specified in the notice — $500
In addition, a technical amendment is made to section 3 of the CR, which formalizes the ongoing practice of adding an additional fine amount beginning with the second item that exceeds a quota or limit. The clarification aims to ensure that an additional fine amount is not added to the first item that exceeds the limit or quota, as this item would trigger the base amount.
Regulatory development
Consultation
Consultation on the proposal to transition ticketing for MFR offences from the current Fisheries Act regime to the Contraventions Regime occurred as part of the Manitoba Ministry of Agriculture and Resource Development’s broader consultations on Manitoba’s Recreational Angling Strategy. The Strategy outlined a suite of proposed changes intended to modernize fisheries management and recreational angling in the province. With regard to the proposal to transition ticketing from one regime to another, the Strategy advised that the use of the Contraventions Regime would ensure that enforcement would be less onerous on the offender, and more proportionate and appropriate to the seriousness of the violation.
The Government of Manitoba released the Strategy for public engagement through its online platform, EngageMB, from May 25, 2021, to June 30, 2021. During that same consultation period, the province held numerous meetings and events with stakeholders and the public to solicit feedback on the Strategy. This included 15 virtual meetings with various stakeholder organizations (representing over 10 000 anglers), three podcasts to discuss and answer questions on the Strategy (reaching over 2 000 anglers), and posts on various social media platforms. Finally, information on the Strategy and the opportunity to provide feedback was advertised in Manitoba’s Anglers’ Guide 2021, which was expected to reach over 100 000 recreational anglers in the province. Stakeholders that were engaged include fish and game groups, provincial lodges and outfitters, Manitoba tourism organizations, competitive fishing event organizers, and the bait industry.
Feedback received from stakeholders regarding enforcement in general and the proposed ticketing change was supportive. Many expressed an interest in seeing enforcement increased to protect the shared resource from the impacts of illegal fishing activity. No direct opposition was received to the proposal to transition ticketing, though some stakeholders asked why Manitoba was planning to make it easier on a defendant to be able to deal with their offence. In consideration of the feedback received, Manitoba increased fine amounts for several offences.
These amendments to the CR do not create new offences nor do they impose any new restrictions or burdens. They designate existing offences as contraventions to allow enforcement officers to use the Contraventions Regime as an enforcement tool. Therefore, these amendments were not prepublished in the Canada Gazette, Part I.
Modern treaty obligations and Indigenous engagement and consultation
An initial assessment examined the geographical scope and subject matter of the initiative in relation to modern treaties in effect and did not identify any potential modern treaty impacts.
The transition from the Fisheries Act ticketing regime to the Contraventions Regime would not result in any changes to the ticketing of Indigenous individuals. The ticketing of Indigenous persons under the MFR is limited to offences that do not impact their right to harvest fish for subsistence, but rather have potential ecological/conservation impacts. Indigenous persons could be ticketed for two of the designated offences in relation to fishing in conservation closures. These provisions are currently enforced by way of summary procedure.
Metis rights in Manitoba are recognized only in the Metis Harvest Area. Outside of the recognized Metis Harvest Area, all ticketable offences under the MFR apply to Metis persons and are enforced.
During the consultations, Manitoba mailed letters to 70 Indigenous communities and organizations informing them of the proposed changes outlined in the Strategy and inviting comments. One comment was received; however, it did not specifically relate to the proposal to transition from the Fisheries Act ticketing regime to the Contraventions Regime.
Instrument choice
To have MFR offences enforced through the Contraventions Regime and to allow enforcement officers to issue tickets, offences must first be designated as contraventions and included in the CR. Therefore, no non-regulatory options were considered.
The amendment to section 3 of the CR is required to ensure the consistent calculation of fine amounts; given the number of enforcement officers relying on the Contraventions Regime for the enforcement of regulatory offences and the technical nature of the amendment, no non-regulatory options were considered.
Regulatory analysis
Benefits and costs
The costs and benefits for this regulatory proposal have been assessed in accordance with the Treasury Board Secretariat’s Policy on Cost-Benefit Analysis by comparing the baseline against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the Regulations. The regulatory scenario provides information on the intended outcomes of the Regulations.
To note, the costs related to the administration of the Contraventions Regime, as well as the revenues generated through the payment of fines, are not considered costs nor benefits within the scope of the regulatory analysis since they occur only in instances of non-compliance with the law.
Baseline and regulatory scenarios
For the purposes of this analysis, the baseline scenario is one where offences under the MFR are not designated as contraventions and subsection 3(2) is not added to the CR. As such, enforcement officers would continue to issue tickets under the Fisheries Act ticketing scheme.
In the regulatory scenario, Part IX to Schedule II.1 is added to the CR, designating as contraventions certain existing offences under the MFR allowing enforcement officers to benefit from the Contraventions Regime. As subsection 3(2) is a technical amendment to frame the current practice of adding additional fine amounts, it is not expected to have any impact on the current regime.
Benefits
Moving the enforcement of MFR offences from ticketing under the Fisheries Act to ticketing under the Contraventions Regime, as has been done for a great number of other fishery offences, would provide a more consistent enforcement approach nationwide. This approach will also allow enforcement to benefit from the main advantages of the Contraventions Regime. Those advantages are in great part related to the fact that the processing of the contraventions tickets issued is entirely managed by the provinces in conformity with the Contraventions Act framework and the Application of Provincial Laws Regulations.
It is expected that the technical amendment made to section 3 will bring greater uniformity to the fine amount calculations.
Costs
The costs, which represent the fines, are directly related to non-compliance with the federal offences under the MFR and are therefore not considered costs for the purposes of the cost-benefit analysis.
Nominal implementation costs result from the labour necessary to update electronic court systems with new information in Manitoba. Other costs may include processing costs for federal contraventions tickets, collecting revenues generated by voluntary payments of fines, managing unpaid fines, and scheduling disputed ticket trials. Costs incurred by the province of Manitoba in the administration of federal contraventions tickets are deducted from the revenues generated by the payment of fines, making management of the Contraventions Regime on behalf of the federal government cost neutral.
Small business lens
Analysis under the small business lens concluded that the regulatory amendments will not impose administrative or compliance burden on Canadian small businesses. Contraventions are not considered to be an administrative or a compliance burden for the purpose of the small business lens.
One-for-one rule
The one-for-one rule does not apply as there is no incremental change in administrative burden on businesses and no regulatory titles are repealed or introduced. Contraventions are not considered to be administrative burden for the purpose of the one-for-one rule.
Regulatory cooperation and alignment
These amendments are not related to a work plan or commitment under a formal regulatory cooperation forum.
Effects on the environment
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.
The amendments do not have important positive or negative environmental effects as the offences in question already exist under the MFR. The proposal allows the use of an enforcement measure for those offences.
Gender-based analysis plus
No differential impacts are expected on the basis of gender or other identity factors as these amendments do not create new requirements or burdens on individuals; they merely designate existing offences as contraventions.
It is important to note that the purpose of the Contraventions Act is to ensure that the enforcement of offences designated as contraventions will be less onerous on the offender and more proportionate and appropriate to the seriousness of the offence when compared to the procedure set out in the Criminal Code.
Implementation, compliance and enforcement, and service standards
Implementation
These Regulations will come into force on the day on which they are registered.
Compliance and enforcement
The amendments to the CR give enforcement officers an appropriate enforcement measure, allowing them to fulfil their mandate effectively and promote regulatory compliance.
Contact
Evelyne Borkowski-Parent
Legal Counsel
Programs Branch Legal Services Division
Policy Sector
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Email: pblsd@justice.gc.ca