Vol. 149, No. 13 — July 1, 2015

Registration

SOR/2015-157 June 17, 2015

CONTRAVENTIONS ACT

Regulations Amending the Contraventions Regulations (Miscellaneous Program)

P.C. 2015-824 June 17, 2015

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 (Miscellaneous Program).

REGULATIONS AMENDING THE CONTRAVENTIONS REGULATIONS (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. The heading of Schedule III.02 to the Contraventions Regulations (see footnote 1) is replaced by the following:

THE NATIONAL BATTLEFIELDS AT QUEBEC ACT, 1914

2. The portion of item 3 of Schedule III.02 to the English version of the Regulations in column II is replaced by the following:

Item Column II

Short-form Description
3. Riding a bicycle in the Park other than on a public road or on a path designated for that purpose

3. Paragraph 4(d) of Schedule III.02 to the French version of the Regulations is replaced by the following:

Article Colonne II

Description abrégée
4. d) Circuler dans le parc sur des skis à roulettes ailleurs qu’à un endroit désigné à cette fin

4. The portion of item 5 of Schedule III.02 to the English version of the Regulations in column II is replaced by the following:

Item Column II

Short-form Description
5. Engaging in any organized sport or game in the Park other than in an area designated for that purpose

5. The portion of item 7 of Schedule III.02 to the Regulations in columns II and III is replaced by the following:

Item Column II

Short-form Description		 Column III

Fine ($)
7. Failing to collect and deposit in a waste receptacle the excrement of an animal brought into the Park 75

COMING INTO FORCE

6. 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

Amendments to Schedule III.02 (National Battlefields at Quebec Act) to the Contraventions Regulations (SOR/2014-138) are required in order to respond to certain discrepancies raised by the Standing Joint Committee for the Scrutiny of Regulations.

Background

Made pursuant to section 8 of the Contraventions Act, the Contraventions Regulations identify which federal offences are designated as contraventions, establish a short-form description and set an applicable fine for each contravention. These Regulations do not create new offences nor do they impose new restrictions or burdens on individuals or businesses. They are part of a regime that ensures that the enforcement of offences is less onerous on the offender and more proportionate and appropriate to the seriousness of the offence.

On May 29, 2014, the Contraventions Regulations were amended to include offences found in the National Battlefields Park By-law. This amendment was published in the Canada Gazette on June 18, 2014. By including the offences of the National Battlefields Park By-law under Schedule III.02 to the Contraventions Regulations, the offences were designated as contraventions. This allows the National Battlefields Commission to issue contraventions tickets for offences committed on park property with fines of varying degrees in relation to the nature of the offence. Examples of offences designated as contraventions include bringing an animal in the park without a leash ($75 fine), failing to collect animal excrement ($75 fine) and more serious offences such as damaging the park’s property ($200 fine). The applicable fines, which would range from $75 to $200, are in line with a fine structure of offences in national parks of Canada, national historic sites of Canada, on Canada’s National Capital Commission property and in the city of Québec parks.

On June 23, 2014, counsel of the Standing Joint Committee for the Scrutiny of Regulations wrote to the Department of Justice, raising perceived discrepancies within the Regulations Amending the Contraventions Regulations.

Objectives

The amendments to Schedule III.02 to the Contraventions Regulations are intended to improve the consistency between the French and English versions, improve consistency with other provisions of the Contraventions Regulations and reflect more adequately provisions of the National Battlefields Park By-law.

Description

The following discrepancies have been identified and corrected:

Heading of Schedule III.02: the Committee raised concerns with the accuracy of the heading of Schedule III.02 to the Regulations: “National Battlefields at Quebec Act” in the English version and “Loi concernant les Champs de bataille nationaux de Québec” in the French version. This title was amended to ensure that both versions correspond to the official title that should be cited. As a result, both titles were amended to the following: “The National Battlefields at Quebec Act, 1914” and “Lois des champs de bataille nationaux à Québec, 1914,” since it is section 4 of the 1914 Act that contains the regulation-making and offence provisions.

Item 3: the short-form description of the English version was amended to reflect the expression used in the By-law. It now reads “other than on a public road or on a path designated for that purpose” rather than “other than in an area designated for that purpose.” This change is intended to avoid ambiguity and to maintain consistency with the related provision in the National Battlefields Park By-law.

Paragraph 4(d): the short-form description of the French version was amended to achieve better consistency with other provisions. The word “tout” was replaced by “un” to read “un endroit désigné à cette fin”.

Item 5: the short-form description of the English version was amended to specify that the prohibited activities are those taking place “in the Park.” The short-form description therefore reads “Engaging in any organized sport or game in the Park other than in an area designated for that purpose.” This adds consistency with other items and with the French version.

Paragraphs 7(a) and 7(b): these two paragraphs were amended to consolidate the short-form description into one contravention that reflects the wording of the substantive provision, with a fine amount of $75. This change is intended to maintain consistency with the related provision in the National Battlefields Park By-law.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs to small business.

Consultation

Given that the proposed amendments are done at the request of the Standing Joint Committee for the Scrutiny of Regulations, there were no consultations with the public.

Rationale

These amendments respond to comments of the Standing Joint Committee for the Scrutiny of Regulations. These amendments are not substantive in nature and do not alter the scope of the Contraventions Regulations as they relate to the National Battlefields Park By-law. These amendments are intended to improve the consistency between the French and English versions, improve consistency with other provisions of the Contraventions Regulations and reflect provisions of the National Battlefields Park By-Law more adequately. The amendments also correct the citation of the heading of Schedule III.02 to the Contraventions Regulations.

Implementation, enforcement and service standards

The current amendments are technical in nature and do not change the nature of the Regulations that were implemented in May 2014.

Contact

Ghady Thomas
Counsel
Implementation of the Contraventions Act
Innovations, Analysis and Integration Directorate
Policy Sector
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Fax: 613-954-4893