Vol. 150, No. 24 — November 30, 2016

Registration

SOR/2016-299 November 18, 2016

CONTRAVENTIONS ACT

Regulations Amending the Contraventions Regulations

P.C. 2016-987 November 18, 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 The portion of item 16 of Part III of Schedule I to the Contraventions Regulations (see footnote 1) in column II is replaced by the following:

Item

Column II

Short-Form Description

16

Fail to obey instructions on a sign or device

2 The portion of item 1 of Part II of Schedule I.01 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

(a) Bringing into or keeping cattle in a park

(b) Bringing into or keeping a sheep in a park

(c) Bringing into or keeping a pig in a park

(d) Bringing into or keeping a goat in a park

(e) Bringing into or keeping live poultry in a park

3 The portion of item 3 of Part IV of Schedule I.01 to the Regulations in columns II and III is replaced by the following:

Item

Column II

Short-Form Description

Column III

Fine ($)

3

Failure to carry and produce fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement

50

4 The portion of item 6 of Part I.2 of Schedule I.1 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

6

Operating power-driven or electrically propelled vessel for the purpose of towing a person on any water sport equipment, or allowing a person to wake surf, outside permitted hours

5 The portion of item 2 of Part IV of Schedule I.1 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

2

Failure to have proof of competency on board a pleasure craft

6 Items 2.1 and 2.2 of Part IV of Schedule I.1 to the Regulations are replaced by the following:

Item

Column I

Provision of Competency of Operators of Pleasure Craft Regulations

Column II



Short-Form Description

Column III



Fine ($)

2.1

3(2.1)

Allow a person to operate a pleasure craft without prescribed competency and proof of competency on board

250

7 The portion of item 44 of Schedule II to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

44

(a) Failure to operate a vessel in a manner that ensures that its wake is minimized

(b) Failure to operate a vessel in a manner that ensures that the vessel and its wake do not compromise safety to persons or cause damage

8 The portion of item 7 of Part II of Schedule II.1 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

7

Possessing, transporting or releasing members of an invasive species without a licence

9 The portion of item 31 of Part II of Schedule II.1 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

31

(a) Using as bait an invasive species or a live fish that is not baitfish

(b) Possessing for use as bait an invasive species or a live fish that is not baitfish

10 The portion of item 10 of Part I of Schedule V to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

10

(a) Knowingly obstruct or hinder an officer or analyst

(b) Knowingly make false statement to an officer or analyst

(c) Knowingly make misleading statement to an officer or analyst

11 The portion of item 1 of Schedule XIII to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

(a) Failure by registered or other owner, or subsequent purchaser, of a vessel to secure it or remove it to a place indicated by Minister

(b) Failure by managing owner of a vessel to secure it or remove it to a place indicated by Minister

(c) Failure by master of a vessel to secure it or remove it to a place indicated by Minister

(d) Failure by person in charge of a vessel to secure it or remove it to a place indicated by Minister

12 The portion of item 1 of Part I of Schedule XIII.1 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

(a) Distributing a telecommunications apparatus that is not registered as required

(b) Leasing a telecommunications apparatus that is not registered as required

(c) Offering for sale a telecommunications apparatus that is not registered as required

(d) Selling a telecommunications apparatus that is not registered as required

(e) Importing a telecommunications apparatus that is not registered as required

13 The portion of item 1 of Schedule XIV to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to provide prescribed information about tobacco products, their emissions and any research and development related to tobacco products and their emissions

Coming into Force

14 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:

Background

Enacted in 1992, the 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 officers on the ticket for the contravention — and prescribe the amount of the fine for each of these contraventions.

These amendments to the Contraventions Regulations are made within the broader context of an initiative undertaken by Justice Canada, in cooperation with its client departments, in order to update the Contraventions Regulations capturing technical amendments only. Certain federal statutes and regulations that create offences designated as contraventions under the Act have been amended. Accordingly, the amendments to the Contraventions Regulations ensure legal consistency by reflecting those amendments. These technical amendments to the Contraventions Regulations are limited to the numbering and wording of existing short-form descriptions without amending their fine amounts.

Objectives

These 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. More specifically, the amendments ensure that the short-form descriptions in the schedules to the Contraventions Regulations reflect the offence wording as it is in the substantive act or regulations.

Description

These technical amendments to the Contraventions Regulations can be summarized in the following terms:

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:

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:

“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

No public consultations were conducted as the amendments to the schedules to the Contraventions Regulations are the result of amendments already made to substantive acts or regulations.

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 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 collaboration of Justice Canada client-departments (Transport Canada, Environment and Climate Change Canada, Innovation, Science and Economic Development Canada, Fisheries and Oceans Canada, Health Canada and Parks Canada), responsible for the substantive acts and regulations affected by this initiative to update the Contraventions Regulations, was engaged. All these departments support the amendments made to the Contraventions Regulations.

Contact

Ghady Thomas
Counsel
Implementation of the Contraventions Regime
Innovations, Analysis and Integration Directorate
Policy Sector
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: 613-954-6716