FEDERAL REG

SOR/2016-299: Regulations Amending the Contraventions Regulations

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

Registered
November 18, 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 November 18, 2016

Bill Summary

SOR/2016-299: 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 numbering of some provisions cited in the schedules to the Contraventions Regulations has changed; and — changes to the wording of substantive provisions are such that the existing short-form descriptions of these offences no longer correspond to the text contained in the act or regulations creating the offences. 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: Schedule I.1, Canada Shipping Act, 2001: Part IV (Competency of Operators of Pleasure Craft Regulations), items 2.1 and 2.2. 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), item 16; Schedule I.01, Canada National Parks Act: Part II (National Parks of Canada Domestic Animals Regulations), item 1 and Part IV (National Parks of Canada Fishing Regulations), item 3; Schedule I.1, Canada Shipping Act, 2001: Part I.2 (Vessel Operation Restriction Regulations), item 6 and Part IV (Competency of Operators of Pleasure Craft Regulations), item 2; Schedule II, Department of Transport Act: Historic Canals Regulations, item 44; Schedule II.1, Fisheries Act: Part II (Ontario Fishery Regulations, 2007), item 7 and item 31; Schedule V, Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act: Part I (Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act), item 10; Schedule XIII, Navigation Protection Act: item 1; Schedule XIII.1, Telecommunications Act: Part I (Telecommunications Act), item 1; and Schedule XIV, Tobacco Act: item 1. “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 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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