Vol. 151, No. 25 — December 13, 2017

Registration

SOR/2017-251 November 24, 2017

CONTRAVENTIONS ACT

P.C. 2017-1431 November 23, 2017

Her 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 1 of Part 0.1 of Schedule I.3 to the Contraventions Regulations (see footnote 1) in column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to notify as required and to provide written report of a release

2 The portion of items 1 to 5 of Part I of Schedule I.3 to the Regulations in columns II and III is replaced by the following:

Item

Column II

Short-Form Description

Column III

Fine ($)

1

Failure to submit the information required by the report

500

2

Failure to submit the report within the required time

500

3

Failure to submit the duly completed report within the required time

500

4

Failure to submit the report, duly completed, and within the required time

500

5

Failure to have the report duly signed

500

3 The portion of items 1 to 10 of Part II of Schedule I.3 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to submit specified information within the required time

2

Failure to submit updated information within the required time

3

Failure to submit the duly signed report within the required time

4

Failure to retain in Canada the specified records and related evidence for the required time

5

Failure to make a record of the specified information as required

6

Failure to make a record of the specified information as required

7

Failure to put in place a compliance plan as required within the required time

8

Failure to send a duly signed compliance plan within the required time

9

Failure to submit an updated compliance plan within the required time

10

Failure to submit a report containing the specified information within the required time

4 Part III of Schedule I.3 to the Regulations is repealed.

5 Part VII of Schedule I.3 to the Regulations is replaced by the following:

PART VII

Ozone-depleting Substances and Halocarbon Alternatives Regulations

Item

Column I

Provision of Ozone-depleting Substances and Halocarbon Alternatives Regulations

Column II


Short-Form Description

Column III


Fine ($)

1

72

Failure to submit the annual report as required within the required time

500

2

74(1)

Failure to duly sign the notice, application or required document and attach the required certification

500

6 The portion of items 1 to 5 of Part VIII of Schedule I.3 to the Regulations in Column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to submit the report as required within the required time

2

Failure to submit the report as required within the required time

3

Failure to keep the required record for five years

4

Failure to keep the required record for five years

5

Failure to keep the required records for five years

7 The portion of items 1 and 2 of Part IX of Schedule I.3 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

(a) Failure to report to the Minister the concentrations of specified substances
 

(b) Failure to report to the Minister the effluent flowrate of the final effluent

2

Failure to duly sign any report or information submitted

8 The portion of items 1 to 4 of Part X of Schedule I.3 to the Regulations in columns II and III is replaced by the following:

Item

Column II

Short-Form Description

Column III

Fine ($)

1

Failure to submit the duly completed report

500

2

Failure to submit the report within the required time

500

3

Failure to submit the duly completed report within the required time

500

4

Failure to have the submitted report duly signed

500

9 Part XI of Schedule I.3 to the Regulations is repealed.

10 The portion of items 1 and 2 of Part XII of Schedule I.3 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to keep, for five years, the specified information for each shipment, as required

2

Failure to keep, for five years, the required documentary proof for each shipment

11 The portion of items 1 to 6 of Part XIII of Schedule I.3 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

Using tetrachloroethylene without storing it, its waste water and its residue in closed containers

2

Failure to submit by the specified date a duly signed and dated report in the required form and containing the specified information

3

Failure to submit by the specified date a duly signed and dated report in the required form and containing the specified information

4

Failure to submit by the specified date a duly signed and dated report in the required form and containing the specified information

5

Failure to submit by the specified date a duly signed and dated report in the required form and containing the specified information

6

Failure to keep the specified documentation in Canada for the prescribed time

12 The portion of items 1 to 4 of Part XIV of Schedule I.3 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to submit, within the specified time and on the form provided, the duly signed and dated report, containing the specified information

2

Failure to keep, for five years at the designated location, a copy of the report submitted and the other specified documents

3

Failure to submit, within the specified time and on the form provided, the duly signed and dated report, containing the specified information

4

Failure to keep, for five years at the seller’s principal place of business in Canada, the required documentation

13 The portion of item 7 of Part XV of Schedule I.3 to the Regulations in column I is replaced by the following:

Item

Column I

Provision of Environmental Emergency Regulations

7

5(1)

14 The portion of items 1 to 9 of Part XV of Schedule I.3 to the Regulations in Column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to resubmit the required notice within 60 days

2

Failure to give the required notice within the required time

3

Failure to send the notice containing the specified information within the required time

4

Failure to submit the required certification, duly signed, and in the specified form

5

Failure to submit a report containing the requested information within the required time

6

Failure to submit the required certification, duly signed, and in the specified form

7

(a) Failure to implement an environmental emergency plan within the required time
 

(b) Failure to test the plan and submit a notice with the requested information within the required time

8

Failure to submit the required certification, duly signed, and in the specified form

9

Failure to submit a report containing the requested information within the required time

15 The portion of items 1 and 2 of Part XVI of Schedule I.3 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to keep a copy of the required documentation for five years at a place in Canada where it can be inspected

2

Failure to keep the required results and supporting documentation for five years at a place in Canada where they can be inspected

16 Items 1 and 2 in Part XVII of Schedule I.3 to the Regulations are replaced by the following:

Item

Column I

Provision of Perfluoroctane Sulfonate and its Salts and Certain Other Compounds Regulations

Column II



Short-Form Description

Column III



Fine ($)

1

11

Failure to keep a copy of the information in a record for five years at a place in Canada where it can be inspected

500

17 The portion of items 1 to 29 of Part XVIII of Schedule I.3 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to notify the Minister within the required time of any change to the information provided

2

Failure to submit the specified information within the required time

3

Failure to notify the Minister within the required time of any changes to the information provided

4

Failure to keep all points of access locked or guarded

5

Failure to develop and implement the required plan

6

(a) Failure to update the required plan once per year
 

(b) Failure to test the required plan once per year

7

Failure to keep a written copy of the latest plan at the designated location

8

Failure to make a copy of the latest plan readily available to prescribed persons

9

Failure to ensure that all authorized employees are familiar with the contents of the required plan

10

(a) Failure to equip the site with a fire alarm system as described
 

(b) Failure to equip the site with the portable fire extinguishers or automatic fire suppression system as described

11

(a) Failure to keep a copy of the specified records at the storage site
 

(b) Failure to make a copy of the specified records readily available to the prescribed persons

12

Failure to ensure that specified employees are made aware of the hazards and have the required knowledge

13

Failure to store absorbent materials required near the site

14

Failure to affix the required label in a readily visible location within the required time

15

Failure to affix the required label in a readily visible location

16

Failure to affix the required label in a readily visible location

17

Failure to affix the required label or place the required notice in the specified location

18

Failure to affix the required label on each dismantled part within the required time

19

Failure to affix the required label in a readily visible location on any specified product

20

Failure to affix the required label in a readily visible location on a fixed tank or specified products

21

Failure to place the required notice in a readily visible location at the entrance of the site

22

Failure to ensure that a product or container bears the required label at all times

23

Failure to submit the required report in the specified format and within the required time

24

Failure to submit the required report in the specified format and within the required time

25

Failure to include the specified information in the report

26

Failure to keep a copy of the report at the principal place of business in Canada for five years

27

Failure to maintain, as specified, the required information and documentation

28

Failure to maintain, as specified, the required record of inspections

29

Failure to maintain, as specified, the required record of inspections conducted on equipment

18 The portion of item 5 of Part XVIII of Schedule I.3 to the Regulations in column III is replaced by the following:

Section

Column III

Fine ($)

5

500

19 The portion of items 1 to 12 of Part XIX of Schedule I.3 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to submit the required notice, dated and duly signed, within the required time

2

Failure to submit the notice with the required information

3

Failure to notify the Minister within the required time

4

Failure to give the required notice of intent within the required time

5

Failure to keep a record containing the specified information

6

Failure to measure and record the surface tension as required

7

Failure to keep a record containing the specified information

8

Failure to record the specified information

9

Failure to submit a report within the required time, in the required form, dated, duly signed and containing the specified information

10

Failure to submit the report, in the required form, within the required time, dated, duly signed and containing the specified information

11

Failure to include the specified information in the report

12

Failure to keep specified documents for five years at a place in Canada where they can be inspected

20 The portion of items 1 to 4 of Part XX of Schedule I.3 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to maintain records containing the specified information

2

Failure to maintain records containing the specified information

3

Failure to maintain records containing the specified information

4

Failure to keep the required documentation as specified for five years at a place in Canada where it can be inspected

21 The portion of items 1 to 4 of Part XXI of Schedule I.3 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

1

Failure to maintain records containing the specified information

2

Failure to maintain records containing the specified information

3

Failure to maintain records containing the specified information

4

Failure to keep the required documentation for five years at a place in Canada where it can be inspected

Coming into Force

22 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

The contraventions ticket issued by enforcement officers contains a limited space of a few lines for the short-form description of the offence. When the short-form description is too long, it cannot be entirely reproduced in the space contained on the ticket, as required by the Contraventions Act. Failure to reproduce the entire short-form description could cause the ticket to be invalid.

This amendment streamlines the short-form descriptions contained in Schedule I.3 to the Contraventions Regulations to ensure that they are the length that allows them to be fully reproduced on the contraventions ticket.

Furthermore, in order to maintain legal consistency, one part of Schedule I.3 was repealed, given that the regulation creating the offences was repealed. Also, one part of Schedule I.3 has been replaced, in order to reflect the replacement of the substantive regulation. Additional technical amendments were made to certain short-form descriptions in order to better reflect the offences as described in the substantive regulations.

Finally, the review of Schedule I.3 to the Contraventions Regulations has allowed for recommendations made by the Standing Joint Committee for the Scrutiny of Regulations to be taken into account, resulting in the amendments of two short-form descriptions.

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 officers to prosecute a contravention by means of a ticket, with the option of voluntary payment of the prescribed fine. Thus, it spares the offender from the legal ramifications of a Criminal Code conviction while saving money for the courts and the state.

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.

Offences designated as contraventions could still be prosecuted by summary conviction procedure of the Criminal Code, when warranted and given the facts of the situation at hand. Therefore, the Contraventions Regime is an enforcement tool available to enforcement officers amongst a wide array of enforcement options either judicial or administrative — including the delivery of warnings — that could be used. Enforcement officers are trained to determine the best course of action, given the situation, more specifically, the degree of prejudice resulting from the commission of the offence. The Contraventions Regime, in certain cases, is more proportionate and appropriate to the seriousness of the offence.

These amendments were made within the broader context of an initiative undertaken by Justice Canada, in co-operation with Environment and Climate Change Canada. These amendments are technical and are limited to existing short-form descriptions without amending fine amounts.

Objectives

The amendments made to the Contraventions Regulations preserve the effectiveness of the prosecution and of the work performed by enforcement officers, by having short-form descriptions that can be reproduced entirely on the contraventions ticket as required by the Contraventions Act.

Furthermore, the amendments made to the Contraventions Regulations reflect the current state of the law by ensuring that the short-form descriptions in Schedule I.3 to the Contraventions Regulations align with the offences as described in the substantive regulations. The amendments also address comments made by the Standing Joint Committee for the Scrutiny of Regulations to Justice Canada in 2015 regarding certain short-form descriptions contained in Schedule I.3.

Description

The amendments to Schedule I.3 to the Contraventions Regulations reduce the length of the short-form descriptions and also amend them in a consistent manner. For example, the short-form description at item 1 of Part I of Schedule I.3 to the Contraventions Regulations, which designates as a contravention subsection 6(1) of the Asbestos Mines and Mills Release Regulations, has been amended to indicate the following: “Failure to submit the information required by the report.” In order to reduce its length, the short-form description no longer mentions the title of the report. Similar amendments have been made throughout Schedule I.3.

In addition, the following technical amendments have been made:

“One-for-One” Rule

The “One-for-One” Rule does not apply to this initiative, as there are no changes in administrative costs imposed to businesses.

Small business lens

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

Consultation

Because these amendments to Schedule I.3 to the Contraventions Regulations are technical, no public consultations were conducted.

Rationale

These amendments provide better enforcement of offences contained in the Canadian Environmental Protection Act, 1999 (CEPA, 1999) as well as consistency between Schedule I.3 to the Contraventions Regulations and the substantive acts and regulations creating the offences.

Because the amendments made to the short-form descriptions are technical, the fine amounts remain unchanged.

Some of the amendments were also made at the request of the Standing Joint Committee for the Scrutiny of Regulations in 2015, regarding certain short-form descriptions.

These amendments to Schedule I.3 to the Contraventions Regulations impose no new costs to Canadians.

Implementation, enforcement and service standards

Environment and Climate Change Canada is responsible for the enforcement of CEPA, 1999. These amendments come into force on the 30th day after the day on which the Regulations are registered.

Contact

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