BACKGROUNDER

Application of the Contraventions Act under the agreement with Manitoba

The Contraventions Act was enacted in 1992 in order to put in place a simplified system of prosecuting certain federal offences. The Act permits an enforcement authority to serve a ticket on the spot on any person who contravenes a federal Act or regulation.

In the interests of efficiency and co-operation with the provinces, the federal government has made it possible since 1996 for contraventions of its Acts and regulations to be dealt with in accordance with the offence scheme of a province or territory. At present, contraventions can be prosecuted under the offence scheme of the following provinces: Quebec, Ontario, Prince Edward Island, New Brunswick, Manitoba and Nova Scotia.

Agreement with Manitoba

The new agreement with Manitoba replaces the agreement signed with the province in August 1997. Under the agreement, both levels of government define their role in and responsibilities for the administration and enforcement of the Contraventions Act, the prosecution of contraventions, imposition and collection of fines and the related costs and the production of a report on activities. Furthermore, responsibility for prosecutions lies exclusively with the federal government. The agreement also contains financial provisions concerning compensation of the province for its services and the sharing of the fines paid.

In order to comply with the spirit of the Federal Court decision on the application of the Contraventions Act in Ontario, the agreement defines the language obligations of the province. It must also put in place a mechanism to enable defendants to obtain at no cost and speedily the short-form description of the contravention in the official language of his or her choice. If an accused wishes to appear in court to answer the charge, he or she must be given an opportunity to do so in the official language of his or her choice. Finally, the province must ensure that defendants who wish to make representations to the judge when they enter their guilty plea may do so in their own language.

The province will ensure that these services and an active offer thereof are available in both official languages in those regions where there is a significant demand for court services as defined in the Official Languages (Communications with and Services to the Public) Regulations. Three regions meet the criteria set out in the Regulations, namely Selkirk, Steinbach and Winnipeg.

The province undertakes to put a mechanism in place that makes it possible to monitor and follow-up on any complaint of non-compliance with the Official Languages Act and to inform the federal government of any complaint received. The Government of Canada, for its part, agrees to pay the province a financial contribution to cover the costs incurred in meeting the language obligations assumed by the province as long as certain conditions are met.

Finally, the agreement provides that these language obligations assumed by the province will continue to apply in those cases where the province delegates all or some of them to another provincial body.

The contribution of $1.6 million over five years provided to Manitoba to help it meet its linguistic obligations under the Contraventions Act is made possible by the Government of Canada's Action Plan for Official Languages.

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February 2004