FEDERAL REG

SOR/2016-200: Regulations Amending the Contraventions Regulations

REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE

Registered
June 23, 2016


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 designa... (Click for more)


Published on June 23, 2016

Bill Summary

SOR/2016-200: Regulations Amending the Contraventions Regulations

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have prompted this initiative: — the acts and regulations that set out offences designated as contraventions have been repealed; — one or more sections of these acts or regulations have been repealed; — the title of these acts and regulations has been amended; — the numbering of some provisions cited in the schedules to the Contraventions Regulations has changed; and — some provisions in the substantive acts and regulations that set out offences designated as contraventions have been amended. 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 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 authorities on the ticket for the contravention — and prescribe the amount of the fine for each of these contraventions. The amendments to the Contraventions Regulations are made within the broader context of an initiative undertaken by Justice Canada in order to update the Contraventions Regulations capturing technical amendments only. Objectives The 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. Description This initiative does not designate new offences as contraventions, nor does it change any of the fine amounts already set in the schedules to the Contraventions Regulations. The following is a summary of the technical amendments. Statutes or regulations that set out offences designated as contraventions having been repealed, the resulting repeals involve the following: Schedule I, Canada Marine Act, Part I (Government Wharves Regulations) and Part II (Public Harbours Regulations); Schedule I.01, Canada National Parks Act, Part I (Canada National Parks Act); and Schedule XII, Motor Vehicle Transport Act, 1987, Commercial Vehicle Drivers Hours of Service Regulations, 1994. One or more sections of acts and regulations that set out offences designated as contraventions having been repealed, the resulting amendments involve repeals in the following: Schedule I, Canada Marine Act, Part III (Seaway Property Regulations); Schedule I.01, Canada National Parks Act, Part II (National Parks of Canada Domestic Animals Regulations) and Part III (National Parks of Canada Fire Protection Regulations); Schedule I.1, Canada Shipping Act, 2001, Part IV (Competency of Operators of Pleasure Craft Regulations); Schedule II, Department of Transport Act, Historic Canals Regulations; and Schedule III.01, Migratory Birds Convention Act, 1994, Part II (Migratory Birds Regulations). Titles of acts and regulations that set out offences designated as contraventions having been amended, the resulting amendments involve the headings of the following: Schedule I.01, Canada National Parks Act, Parts I.02, I.1, II, III, IV and V; and Schedule XIII, Navigable Waters Protection Act. 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: Schedule I.01, Canada National Parks Act, Part II (National Parks of Canada Domestic Animals Regulations) and Part III (National Parks of Canada Fire Protection Regulations); Schedule II, Department of Transport Act, Historic Canals Regulations; Schedule XIV, Tobacco Act; and Schedule XV, Transportation of Dangerous Goods Act, 1992. 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: Schedule I, Canada Marine Act, Part III (Seaway Property Regulations). For example, the French version of the short-form descriptions of items 2 and 4 of this Part was amended to replace the terms “entraver” and “nuire” by “gêner.” Changes of the same nature have been made in the following schedules: Schedule I.01, Canada National Parks Act, Part II (National Parks of Canada Domestic Animals Regulations) and Part III (National Parks of Canada Fire Protection Regulations); Schedule I.1, Canada Shipping Act, 2001, Part II (Small Vessel Regulations); Schedule II, Department of Transport Act, Historic Canals Regulations; Schedule III.01, Migratory Birds Convention Act, 1994, Part II (Migratory Birds Regulations); Schedule IX, Radiocommunication Act, Part II (Radiocommunication Regulations); Schedule XIII, Navigable Waters Protection Act; and Schedule XV, Transportation of Dangerous Goods Act, 1992. “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 Because the amendments to the schedules to the Contraventions Regulations are the result of amendments or repeals already made to substantive acts or regulations, no public consultations were conducted. 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 repeal items which refer to provisions that no longer exist in the substantive acts or regulations, 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 federal departments and agency (Transport Canada; Environment and Climate Change Canada; Innovation, Science and Economic Development Canada; Health Canada; and Parks Canada) responsible for the substantive acts and regulations affected by this initiative to update the Contraventions Regulations have been informed. Contact Ghady Thomas Counsel Implementation of the Contraventions Regime Innovations, Analysis and Integration Directorate Policy Sector Department of Justice Canada 284 Wellington Street Ottawa, Ontario K1A 0H8 Telephone: 613-954-6716 Footnote a S.C. 1996, c. 7, s. 4 Footnote b S.C. 1992, c. 47 Footnote 1 SOR/96-313

This Bill does not amend any statutes.

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