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Vol. 137, No. 12 March 22, 2003 Canadian Payments Association By-law No. 2 FinanceStatutory Authority Canadian Payments Act Sponsoring Department Department of Finance REGULATORY IMPACT ANALYSIS STATEMENT For the Regulatory Impact Analysis Statement, see page 834. Notice is hereby given that the Governor in Council, pursuant to subsection 18(2) of the Canadian Payments Acta, proposes to make the annexed Canadian Payments Association By-law No. 2 Finance. Interested persons may make representations with respect to the proposed by-law within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Denis Normand, Senior Chief, Financial Sector Division, Department of Finance, L'Esplanade Laurier, 20E, 140 O'Connor Street, Ottawa, Ontario, K1A 0G5. Tel.: (613) 992-5887, Fax: (613) 943-8436, internet: normand.denis@ fin.gc.ca. Ottawa, March 20, 2003 EILEEN BOYD Assistant Clerk of the Privy Council
Regulations Amending the Quebec Fishery Regulations, 1990 and the Aboriginal Communal Fishing Licences RegulationsStatutory Authority Fisheries Act Sponsoring Department Department of Fisheries and Oceans REGULATORY IMPACT ANALYSIS STATEMENT Description The Government of Quebec manages the province's freshwater fisheries by agreement with the federal government and has requested these amendments to the Quebec Fishery Regulations, 1990. These regulations are made pursuant to the federal Fisheries Act and, as a result, amendments must be processed by the Department of Fisheries and Oceans and approved by the Governor in Council. The Regulations are being amended to clarify and adjust certain administrative provisions of the Regulations and to make changes to close times and gear restrictions in a number of areas of the province so as to better manage fishing activities in those areas. In addition, a number of administrative amendments are proposed which will correct editorial and typographical errors in the Regulations. The changes are as follows. 1. Expansion of provisions for fishing without a licence The current Regulations allow the children under 18 of the holders of certain licences to fish without a licence. For example, the underage children of holders of sport fishing licences may fish without a licence. The underage children of the spouse or common-law partner of a sport fishing licence holder may also fish without a licence, for all species except salmon. In addition, underage children may fish without a licence, for all species except salmon, when they are fishing under the supervision of either a licence holder, aged 18 or more, or of the spouse or common-law partner of a licence holder. In the case of salmon, these children may fish without a licence but only under the supervision of a licence holder, aged 18 or over. All persons fishing without a licence are subject to the quotas, close times, gear restrictions set out in the Regulations. The proposed amendments will expand this provision to include persons, aged 18 to 24, who are pursuing secondary or post-secondary studies. These people, though legally adults, are often still dependent on their parents. In order to qualify for this exemption, a student must first hold a valid student card and must also carry with them the licence of the person under which they are fishing. 2. Waters Restricted to Fly Fishing The Regulations currently contain schedules which set out the fishing restrictions for the 25 different fishing areas throughout the province of Quebec. Within each of these 25 areas, certain bodies of water are reserved for fishing by means of artificial flies only. Angling with artificial flies is generally more difficult than with baited lures. Restricting fishing to artificial flies only is an effective means of reducing fishing pressure in these waters and can often allow for longer fishing seasons. Fourteen bodies of water will be added to the lists of waters where only fly fishing is permitted. Also, the amendments will delete four bodies of water where very healthy fish stocks and low fishing pressure permits the use of baited fishing lures. 3. Close Times in the Mitis River (Area 1) The close time for fishing for species other than salmon in a portion of the Mitis River is being amended to harmonize it with close times for other waters in the Gaspé Peninsula of Quebec (Area 1). 4. Tagging of Sturgeon from other provinces or countries The current Regulations prohibit the possession of Atlantic salmon that come from other provinces or countries unless they are tagged in accordance with the laws of that province or country or are being transported through the province to another province or country. This regulation is intended to ensure that these fish can be identified as having been legally caught. This provision will be amended to include a tagging requirement for sturgeon brought into Quebec from other provinces or countries. The proposed amendment is intended to deter the trafficking of illegally caught Quebec sturgeon. It is also to ensure that the regulatory provisions governing the possession of large, valuable species such as salmon and sturgeon are consistent. The amendment will also aid enforcement personnel in the application of these requirements. Currently, sturgeon are being illegally caught in Quebec (e.g. by unlicensed individuals or during close times), transported to Ontario and then re-imported into Quebec as if they were legally caught in Ontario. The fish are then sold to wholesale grocers, for the most part, in Montréal. Because sturgeon from other provinces and countries do not have to be tagged under the current regulations, there is no way to prove that these wholesalers were purchasing illegally caught fish. Requiring sturgeon to be tagged would mean that any wholesaler found in possession of an untagged fish would be in violation of the Regulations. This amendment will discourage the purchase of untagged fish and assist in drying up the market for illegally caught sturgeon. 5. Catch and release provisions The current Regulations set out the conditions under which fish must be released after being caught. For example, a person can be legally fishing for one species of fish and unintentionally catch another species for which fishing is prohibited. The present provision requires the person to immediately release that fish. Through an oversight, the present provision does not include a requirement for the immediately release any fish caught by the holder of a mandatory release licence. An amendment will, therefore, be made to add such a requirement. 6. Identification requirements for persons fishing The Regulations currently require licence holders to have their licence in their possession while fishing and to present it on request to a fishery officer or guardian. Also, persons fishing under the licence of another, except for children under 18, are required to have with them the licence of that person. The present regulations make an exception for Quebec residents in that these persons are given 7 days to produce their licence should they not have them in their possession at the time of the request. With the expansion of the provision for fishing without licence, proposed in item 1 above, the requirement for identification must be expanded to include students between the ages of 18 and 24. Those persons will be required to have in possession their student card as well as the licence of the person under which they are fishing. Also, a review of the current identification requirements found that the provision was ambiguous and confusing and that some licence holders had not been included. Therefore, in addition to expanding the provision to include 18 to 24 year old students, the provision is being revised to clarify the identification requirements of these regulations and to whom they apply. 7. Expiration of licences The Regulations presently contain a provision detailing when different licences expire. Most licences expire on March 31 following the date of issue (e.g., if the licence was issued in July 2002, it expires on March 31, 2003). This section will be revised to clarify when Atlantic salmon licences expire. Salmon licences are issued with tags which must be placed on each salmon caught and retained. These licences expire when the licence holder has used their last tag, or at the end of the salmon season or on March 31, whichever comes first. For persons with salmon licences having a mandatory release provision, no tags are issued since no fish may be retained and, therefore, the licence expires when the Atlantic salmon season ends or on March 31, whichever comes first. 8. Correction of the reference to the Quebec Act It has also been noted that the reference to the Act respecting the Société de la faune et des parcs du Québec, the agency now responsible for fisheries management in that province, is incorrect. In three provisions of the current regulations, the reference to this Act is given as S.Q. 1999, c. 36, instead of R.S.Q. c. S-11.012. Those references will be corrected by these amendments. 9. Minor editorial and spelling corrections A number of editorial and spelling corrections to the Regulations are required. Examples include the correction of: (1) the names of Anticosti and Plaisance wildlife reserves which have recently been named national parks of Quebec; (2) the description of a certain area of the province to take into account a re-numbering of area highways; (3) the spelling of the term "bourolles" which is currently misspelled "bourrolles" in the French version of the current regulations; (4) the name of Ardilly Lake in Schedule XIX which should be Lake Andilly, and (5) the common and scientific names of two crayfish species. In addition to the above amendments to the Quebec Fishery Regulations, 1990, an administrative amendment to the Aboriginal Communal Fishing Licences Regulations (ACFLR) is required to take into account the creation of the Société de la faune et des parcs du Québec. The current definition of "Minister" in the ACFLR refers to the Minister of Environment and Wildlife for Quebec. This provincial Ministry no longer exists and, therefore, the definition of "Minister" will be amended to refer to the new Minister reponsible for the Act respecting the Société de la faune et des parcs du Québec. Alternatives The amendment of the provisions for fishing without a licence (item 1), will allow students aged 18 to 24 to benefit from similar provisions for children under 18 and will be more equitable. The amendment of the identification requirements (item 6) are partly to complement those outlined in item 1. The addition of waters restricted to fly fishing (item 2) is the best means of balancing conservation of the province's fisheries while allowing the activity of sport fishing to continue. The sturgeon tagging provision (item 4) is necessary to protect these valuable fish and to deter illegal trafficking of this species. No other alternative will aid enforcement as well as this amendment. The amendments outlined in item 3 and items 5 to 9 are necessary in order to ensure that the Regulations are clear, consistent and comprehensive in their application, correct in their language, and accurate. These amendments will also improve the equitable and consistent enforcement of these Regulations. There is no alternative to the amendment of the ACFLR. Benefits and Costs The expansion of the regulatory provision for fishing without a licence (item 1) will allow students between 18 and 24 to enjoy the fishing experience without incurring the cost of a licence. This amendment is intended to encourage students who do not usually purchase licences to become involved in sport fishing and may motivate them to fish later in life as licenced fishers. These amendments will neither incur any additional costs nor reduce revenues for the provincial government. The proposed addition of fly fishing waters (item 2) is intended to conserve fish stocks by reducing fishing pressure and thus prevent the fishery closures that would otherwise be necessary. These changes will have no financial impact on anglers or on the activities of the tackle shops and other businesses connected with tourism or sport fishing. The sturgeon tagging provision (item 4) is necessary for the protection of a large and valuable species and will aid the enforcement of the Regulations. This amendment will have no detrimental effect on legitimate fishers and wholesalers of fish. The remaining amendments (item 3 and items 5 to 9) are administrative in nature and are not expected to have any impact on fish stocks, anglers or the provincial government. These amendments apply to sport fishing and not to fishing by Aboriginal peoples for food, social, ceremonial or commercial purposes. Consultation The Société de la faune et des parcs du Québec brings together its principal partners in the wildlife sector by means of an advisory body, the Groupe Faune national (National Wildlife Group). This group offers a forum for the discussion and resolution of wildlife issues (including fisheries issues) and an opportunity for principal stakeholders to express their opinions, needs and expectations. The Groupe Faune national is made up of: the Fédération des pourvoyeurs du Québec which represents nearly 400 operators of hunting and fishing lodges that offer services to hunters and fishers as well as to outdoor enthusiasts; the Fédération québécoise de la faune which represents the interests of provincial hunters and fishers, the Fédération québécoise des gestionnaires de ZECS which represents the interests of associations of wildlife managers in Controlled Exploitation Zones or ZECS (zones d'exploitation controllée); and the Fédération québécoise pour le saumon de l'Atlantique which is a non-profit organization whose objective is the promotion of the conservation, as well as the development and sport fishing of Atlantic salmon. This consultative structure carries over to specific areas of the province where regional wildlife groups, where they exist, bring together the regional representatives of these same organizations. In addition, meetings are organized among regional fisheries managers, angling associations, anglers and other interested parties in the various fishery areas of the province to identify areas for improvement and to develop workable solutions. The substantive amendments suggested above were recommended either by area fisheries managers, by local associations of fishermen in the areas of the province where the affected waters are situated, or by consensus established with the above groups. Specifically, the proposed amendments relating to fishing without licences and fisher identification requirements (items 1 and 6) were discussed with and agreed to by members of the Groupe Faune national. The proposed additions and deletions of waters restricted to artificial fly fishing (item 2) were recommended by area fisheries managers after requests from and consultations with local fishers. The amendment relating to the tagging of sturgeon (item 4) results from problems with the illegal trade of these fish and was recommended by regional managers of the Société and by managers responsible for wildlife protection. Consultations with aboriginal groups are managed by the Native Affairs Branch of the Société and no concerns were raised in relation to the proposed amendments. All amendment requests were submitted to the regional offices of the Société and were then forwarded to the Société's Fisheries Regulatory Committee. This committee is comprised of representatives from the Wildlife Management and Development, Wildlife Protection, Wildlife Territories, Native Affairs and Regulations branches of the Société. The committee, in consultation with the regional managers, analysed all of the regulatory proposals, assessing their impact on fishery resources and users, and the ability to enforce compliance with the regulatory changes. Following these consultations, stakeholders and the public were supportive of the proposed regulatory amendments because they allow a continuation of recreational fishing while maintaining healthy, sustainable fisheries. Publication of the amendments in Part I of the Canada Gazette will provide an additional opportunity for comment. Compliance and Enforcement Once amendments are approved, the public, a variety of tourist and angling associations, along with the various partners of the Société will be informed of the regulatory changes by the press releases and advertisements in a variety of local and regional media. The Société de la faune et des parcs du Québec also produces two annual brochures entitled "Sport Fishing in Quebec Main Regulations" and "Salmon Sportfishing in Quebec Main Regulations" which contain the complete text of the Regulations. All new regulations are clearly set out in these brochures, which are widely distributed throughout the province. Information about the Regulations is also available on the Société's Internet site, which is updated regularly. People can also obtain information on the regulations at any time through a 1-800 line or by e-mail. In addition to regular patrols of popular fishing areas, enforcement personnel give information about the Regulations, issue warnings of potential violations and lay charges for regulatory contraventions. Also, the Fisheries Act prescribes penalties, upon conviction, for contraventions of the regulations which include jail terms up to 24 months and/or fines up to $500,000. In addition, the courts may order the seizure of fishing gear, catches, vehicles or other equipment used in the commission of an offence. The courts may also impose licence suspensions and cancellations. These amendments to the Regulations do not impose new enforcement costs. Paul Potvin, Société de la faune et des parcs du Québec, Direction des territoires fauniques et de la réglementation, 675 René-Lévesque Boulevard E, 11th Floor, Québec, Quebec G1R 5V7, (418) 521-3880 (extension 4146) [Telephone], (418) 646-5179 (Facsimile), paul.potvin@fapaq.gouv.qc.ca (Electronic mail), or Sharon Budd, Regulatory Analyst, Legislative and Regulatory Affairs, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 993-0982 (Telephone), (613) 990-2811 (Facsimile). Notice is hereby given that the Governor in Council, pursuant to sections 8 and 43a of the Fisheries Act, proposes to make the annexed Regulations Amending the Quebec Fishery Regulations, 1990 and the Aboriginal Communal Fishing Licences Regulations. Any interested person may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mr. Paul Potvin, Société de la Faune et des Parcs du Québec, Wildlife Reserves and Regulations Directorate, 675 René-Lévesque Boulevard East, 11th Floor, Quebec City, Quebec G1R 5V7 (tel.: (418)521-3880 (4146); fax: (418)646-5179; e-mail: paul.potvin@fapaq.gouv.qc.ca). Ottawa, March 20, 2003 EILEEN BOYD Assistant Clerk of the Privy Council REGULATIONS AMENDING THE QUEBEC FISHERY REGULATIONS, 1990 AND THE ABORIGINAL COMMUNAL FISHING LICENCES REGULATIONS QUEBEC FISHERY REGULATIONS, 1990 1. (1) The definition "Société" in subsection 2(1) of the Quebec Fishery Regulations, 19901, is replaced by the following: "Société" means the Société de la faune et des parcs du Québec, created under section 1 of the Act respecting the Société de la faune et des parcs du Québec, R.S.Q. c. S-11.012. (Société) (2) Paragraph (b) of the definition "Minister" in subsection 2(1) of the Regulations is replaced by the following: (b) in respect of the issuing of the food fishing licence for an aboriginal person referred to in subitem 2(1) of Part II of Schedule XXVII, the Minister designated by the government of Quebec as the Minister responsible for the application of the Act respecting the Société de la faune et des parcs du Québec, R.S.Q. c. S-11.012; (ministre) 2. Subsection 4(3) of the Regulations is replaced by the following: (3) The Minister designated by the government of Quebec as the Minister responsible for the application of the Act respecting the Société de la faune et des parcs du Québec, R.S.Q. c. S-11.012, may vary any close time fixed by the Aboriginal Communal Fishing Licences Regulations in respect of species of fish or waters referred to in subsection 3(1) so that the variation applies to all of the waters or to any portion of them. 3. (1) Subsection 5(2) of the Regulations is amended by adding the following after paragraph (c.1): (c.2) between 18 and 24 years of age, holds a valid student card and, (i) is the child of the holder of a licence referred to in Part I of Schedule XXVII, (ii) is the child of the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part I of Schedule XXVII, (iii) fishes under the supervision of a person, 18 years of age or over, who is the holder of a licence referred to in Part I of Schedule XXVII, or (iv) fishes under the supervision of the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part I of Schedule XXVII; (2) Paragraph 5(2)(d) of the English version of the Regulations is replaced by the following: (d) the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part I of Schedule XXVII; (3) Subsection 5(4) of the Regulations is replaced by the following: (4) The persons referred to in paragraphs (2)(c.1), (c.2) and (d) are subject to the conditions of the applicable licence. 4. The portion of paragraph 13(6)(a) of the Regulations before subparagraph (i) is replaced by the following: (a) an anadromous Atlantic salmon that came from another province or country, or a sturgeon that came from another province or country and that was caught in accordance with a commercial fishing licence, unless, 5. Section 16 of the Regulations is amended by striking out the word "or" at the end of paragraph (c) and by adding the following after paragraph (d): (e) under the licence referred to in column I of paragraph 1(d) or (h) of Part I of Schedule XXVII, or (f) in the case of an anadromous Atlantic salmon, under the licence referred to in column I of paragraph 2(c) or (f) of Part I of Schedule XXVII, shall forthwith return the fish to the waters in which it was caught and, if the fish is alive, release it in a manner that causes the least harm to the fish. 6. Section 19 of the Regulations is replaced by the following: 19. The Minister or the Société, may issue a licence referred to in column I of an item of Part I or Part II of Schedule XXVII on receipt of an application and payment of the applicable fee set out in column II of that item. 7. Sections 22 and 23 of the Regulations are replaced by the following: 22. (1) Subject to subsection (2), every person, while engaged in fishing, shall have in their possession and, on the request of a fishery officer or fishery guardian, shall immediately produce, as the case may be, (a) their licence or their valid commercial fisher's identification certificate, if applicable, issued under subsection 49(2); (b) their valid student card and the licence of the person under which they are fishing, if they are fishing pursuant to subparagraphs 5(2)(c.2)(i) or (ii); or (c) the licence of the person under which they are fishing, if they are fishing pursuant to paragraph 5(2)(d). (2) If a person who is a resident does not have a document required under subsection (1) in their possession, the person shall produce the document to a fishery officer or fishery guardian within seven days after the date of the request. 23. (1) Subject to subsections (2) and (3), a licence expires on March 31 following the date of issue unless otherwise provided in the licence. (2) A licence referred to in column I of paragraph 2(a), (b), (d) or (e) of Part I of Schedule XXVII expires on the earlier of (a) the date on which the holder no longer possesses a valid tag issued with the licence, and (b) the date on which the anadromous Atlantic salmon fishing period comes to an end or the date referred to in subsection (1), as the case may be. (3) A licence referred to in column I of paragraph 2(c) or (f) of Part I of Schedule XXVII expires when the anadromous Atlantic salmon fishing period comes to an end. 8. Subsection 25(2) of the Regulations is repealed. 9. Section 29 of the French version of the Regulations is replaced by the following: 29. (1) Le titulaire d'un permis visé à la colonne I de l'article 1 de la partie I de l'annexe XXVII ou les personnes qui pêchent sous l'autorité d'un tel permis peuvent pêcher le poisson-appât au moyen d'au plus un carrelet ou d'au plus trois bourolles dans les eaux où l'utilisation du poisson-appât est permise. (2) Pour l'application du paragraphe (1), le titulaire du permis et les personnes qui pêchent sous l'autorité du permis ne peuvent utiliser simultanément plus d'un carrelet ou plus de trois bourolles. (3) Il est interdit d'utiliser une bourolle visée au paragraphe (1) qui n'est pas sous la surveillance immédiate du pêcheur, à moins que les nom, adresse et numéro de permis du titulaire de permis n'y soient inscrits. 10. Subsection 30(3) of the Regulations is replaced by the following: (3) For the purposes of subsection (2), every line used by a person referred to in paragraph 5(2)(c.1), (c.2) or (d) is considered to be used by the holder of the licence. 11. Subsection 35(4) of the Regulations is replaced by the following: (4) For the purposes of subsections (1) to (3), fish caught and retained by a person referred to in paragraph 5(2)(c.1), (c.2) or (d) shall be counted as fish caught by the holder of the licence. 12. Section 42 of the Regulations is replaced by the following: 42. (1) The holder of a licence set out in column I of item 3 of Part I of Schedule XXVII may fish for burbot, during the period beginning on December 1 and ending on April 15, using a maximum of 2 night lines each equipped with no more than 10 hooks, all resting continuously on the bottom, in the waters of Lake St. Jean and its tributaries located within the area surrounded by the section of Highway 169 which connects the municipalities of Dolbeau-Mistassini, Métabetchouan and Saint-Méthode and by the section of Highway 373 which connects the municipalities of Saint-Méthode and Dolbeau-Mistassini. (2) A person referred to in subsection (1) shall affix a valid tag issued with their licence to the identification marker for each of the night lines being used. 13. The portion of subsection 45(1) of the Regulations before paragraph (a) is replaced by the following: 45. (1) Subject to subsection (2), the holder of a licence set out in column I of any of paragraphs 1(a) to (c) and (e) to (g) of Part I of Schedule XXVII may catch and retain whitefish using a lift net or landing net in the following waters during the following periods: 14. Subsection 46(2) of the Regulations is repealed. 15. The portion of paragraph 15(1)(b) of Part IV of Schedule I to the Regulations in column V is replaced by the following:
16. Part V of Schedule I to the Regulations is amended by adding the following in numerical order:
17. Items 6, 8, 9 and 12 of Part V of Schedule X to the Regulations are repealed. 18. Part V of Schedule XV to the Regulations is amended by adding the following in numerical order:
19. Part V of Schedule XVIII to the Regulations is amended by adding the following in numerical order:
20. (1) The portion of item 36 of Part IV of Schedule XIX to the Regulations in column I is replaced by the following:
(2) The portion of subitem 37(3) of Part IV of Schedule XIX to the Regulations in column I is replaced by the following:
(3) Item 37 of Part IV of Schedule XIX to the Regulations is amended by adding the following after subitem (3):
(4) The portion of subitems 38(9) and (10) of Part IV of Schedule XIX to the Regulations in column I is replaced by the following:
21. The portion of item 1 of Part II of Schedule XX to the Regulations in column I is replaced by the following:
22. The portion of item 1 of Part II of Schedule XXV to the Regulations in column I is replaced by the following: Item Column I Territory 1. Plaisance National Park 23. The portion of paragraphs (a) and (b) under the common name "Crayfish (Écrevisses)" in Schedule XXVI to the Regulations in column I is replaced by the following: Column I Common Name Crayfish (Écrevisses) (a) Spinycheek crayfish (Écrevisse à épines) (b) Virile crayfish (Écrevisse à pinces bleues) 24. The portion of items 1 and 2 of Schedule XXIX to the Regulations in column I is replaced by the following:
ABORIGINAL COMMUNAL FISHING LICENCES REGULATIONS 25. Paragraph (a) of the definition "Minister" in section 2 of the Aboriginal Communal Fishing Licences Regulations (see footnote 1) is replaced by the following: (a) fisheries for the fish and species of fish described in subsection 3(1) of the Quebec Fishery Regulations, 1990, in the waters referred to in that subsection, the Minister designated by the Government of Quebec as the minister responsible for the application of the Act respecting the Société de la faune et des parcs du Québec, R.S.Q. c. S-11.012; COMING INTO FORCE 26. These Regulations come into force on the day on which they are registered. [12-1-o] Regulations Amending the Application of Provincial Laws RegulationsStatutory Authority Contraventions Act Sponsoring Department Department of Justice REGULATORY IMPACT ANALYSIS STATEMENT Description Parliament passed the Contraventions Act (the Act) in October 1992 to provide for an alternative to the summary conviction process of the Criminal Code for the prosecution of federal regulatory offences that would be designated as contraventions. Parliament amended the Act in 1996 to allow to incorporate into federal law, provincial and territorial offence schemes so that federal contraventions could be processed under these regimes. The Act, as amended, permits the use of the procedures established under these regimes (format of the ticket, place where voluntary payments can be made, time in which an offender may choose a plea, etc.) for the prosecution of federal contraventions. The provisions containing the framework to allow the use of provincial and territorial offence schemes are found in sections 65.1 to 65.3 of the Act. Subsection 65.1(1) gives the Governor in Council the authority to make regulations making the offence scheme of a province or territory applicable, with any necessary adaptations, to contraventions committed in that province or territory. This provision gives also the authority to adapt in whole or in part any provision of the provincial statutes that create these schemes. The Application of Provincial Laws Regulations came into force on August 1, 1996. Ontario was the first province where an enforcement authority could use a provincial ticket to prosecute a federal contravention. On March 23, 2001, the Trial Division of the Federal Court rendered a judgement in Commissioner of Official Languages and Her Majesty concerning the implementation of the Contraventions Act in Ontario. While it did not invalidate the provisions of the Act dealing with the incorporation of provincial regimes, the Court ordered, among other things, the Government to " take the necessary measures, whether legislative, regulatory or otherwise, to ensure that the quasi-constitutional language rights provided by sections 530 and 530.1 of the Criminal Code for persons who are prosecuted for contraventions of federal statutes or regulations, are respected." Amendment The Courts of Justice Act of Ontario provides that a defendant has the right to require that a proceeding be conducted as a bilingual proceeding. However, the Federal Court held that such a right was not tantamount to the right of an accused to be tried, pursuant to section 530.1 of the Criminal Code, in the official language of his or her choosing. This amendment remedies this situation. It provides that the choice of language for the trial made by the defendant on the offence notice, the parking infraction notice or the notice of intention to appear is equivalent to an order granted under section 530 of that Code and that the language rights referred to in paragraphs 530.1(a) to (h) of the Criminal Code apply to the trial and any other part of the proceeding. It provides that where a defendant who has not made any choice but who requests at the commencement of the trial that it be conducted in his or her official language, the court may either proceed with the trial in the official language of the defendant or adjourn the trial and fix a new date where it will resume in the language of the defendant. It provides also that the language rights of the defendant and the powers and duties of the justice of the peace and provincial court judge under section 530 of the Criminal Code and the language rights found in paragraphs 530.1(a) to (h) of that Code apply to proceedings under Part III of the Provincial Offences Act of Ontario. Furthermore, this amendment clarifies also the nature of the services and communications to the public in the context of contraventions being processed under Ontario's regime. Alternatives One way to ensure that the language rights of a defendant during the trial be protected would be to abandon the incorporation of the provincial offence scheme of Ontario and proceed under the summary conviction process of the Criminal Code for the prosecution of contraventions in that province. A variant of this approach would be to abandon the incorporation of Ontario's regime and put in force the original procedures found in the Contraventions Act to prosecute contraventions in that province under a strictly federal regime. Both solutions were set aside as they would prove more onerous than the solution chosen. Benefits and Costs This amendment to the Application of Provincial Laws Regulations complies with the Federal Court decision while maintaining in Ontario a system that has been in operation successfully since 1996. This solution does not impose new costs, restrictions or burdens on individuals or business. Consultation The Commissioner of Official Languages, the Association of French-speaking jurists of Ontario and provincial officials were informed of the Government's intent to modify the regulations to comply with the Federal Court decision. Compliance and Enforcement Compliance to these amended regulations is not an issue as the amendment purports to ensure that contravenors will have, during trials for contraventions under the offence scheme of Ontario, the same language rights as if they had been prosecuted pursuant to the summary conviction process of the Criminal Code. For further information concerning these regulations please contact: Michel Gagnon, Director, Contraventions Project, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8, (613) 998-5669 (Telephone), (613) 998-1175 (Facsimile). Notice is hereby given that the Governor in Council, pursuant to section 65.1 (see footnote a) of the Contraventions Act (see footnote b) , proposes to make the annexed Regulations Amending the Application of Provincial Laws Regulations. Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Michel Gagnon, Director of the Contraventions Project, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8. Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act. Ottawa, March 20, 2003 EILEEN BOYD Assistant Clerk of the Privy Council REGULATIONS AMENDING THE APPLICATION OF PROVINCIAL LAWS REGULATIONS AMENDMENT 1. Part I of the schedule to the Application of Provincial Laws Regulations (see footnote 2) is amended by adding the following after section 2: 3. Any administrative service or communication arising from the application of section 5.1, 7 or 17.1 of the Provincial Offences Act of Ontario shall be provided in the same manner as if the service or communication were provided from an office or facility of a federal institution under section 22 of the Official Languages Act where there is significant demand under that section for such services and communications in both official languages. 4. (1) The indication of the choice of language for a trial made by a defendant on an offence notice, a parking infraction notice or a notice of intention to appear is equivalent to an order granted under subsection 530(1) of the Criminal Code, and the language rights under paragraphs 530.1(a) to (h) of the Criminal Code apply to the proceedings. (2) A defendant whose language is one of the official languages, whether or not he or she has made a choice referred to in subsection (1), may request at the commencement of the trial that it be conducted in that language, in which case the justice of the peace or provincial court judges shall (a) proceed with the trial in that language; or (b) adjourn the trial and grant an order that it resume in that language. (3) A defendant whose language is not one of the official languages, whether or not he or she has made a choice referred to in subsection (1), may request at the commencement of the trial that it be conducted in the official language that, in the opinion of the defendant, he or she can best give testimony. If the justice of the peace or provincial court judge is of the same opinion, the justice or judge shall grant the request and (a) proceed with the trial in that language; or (b) adjourn the trial and grant an order that it resume in that language. (4) If a justice of the peace or provincial court judges grants the defendant's request under subsection (2) or (3), the language rights under paragraphs 530.1(a) to (h) of the Criminal Code apply to the proceedings after the decision to proceed with or adjourn the trial. 5. (1) The language rights of the defendant and the powers and duties of the justice of the peace and provincial court judge under section 530 of the Criminal Code apply (a) to proceedings commenced under Part I of the Provincial Offences Act of Ontario in respect of which a summons is served on the defendant; and (b) to proceedings commenced under Part III of that Act. (2) If a justice of the peace or provincial court judge grants an order in the exercise of a power or the performance of a duty under subsection (1), the language rights under paragraphs 530.1(a) to (h) of the Criminal Code apply to the proceedings after the defendant's first appearance. COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. [12-1-o] Regulations Amending the Insider Reports Exemptions (Banks) RegulationsStatutory Authority Bank Act Sponsoring Agency Office of the Superintendent of Financial Institutions REGULATORY IMPACT ANALYSIS STATEMENT Description Pursuant to sections 266 and 267 of the Bank Act, an insider is required to send an insider report to the Superintendent of Financial Institutions upon becoming an insider and each time the insider's interests in securities of a distributing bank changes. Subject to certain exceptions, an insider is generally defined as a director or officer of a distributing bank or, a person who beneficially owns more than 10 percent of the shares of a distributing bank or exercises control or direction over more than 10 percent of the votes attached to the shares of a distributing bank. Section 267.1 of the Bank Act contains a regulation-making authority to exempt an insider from the requirements set out in sections 266 and 267 of the Bank Act. On March 23, 2000, the Insider Reports Exemptions (Banks) Regulations (SOR/2000-113) were made pursuant to that authority. The purpose of the Regulations was to exempt an insider from having to file insider reports with the Office of the Superintendent of Financial Institutions (OSFI) if such reports have already been filed with any of the provincial or territorial securities commissions or if the insider has obtained a filing exemption from the appropriate securities commissions. However, the wording of the Regulations did not reflect the intended policy. Alternatives Amendments to the Regulations are needed in order to reflect the intended policy. No other alternative was considered. Benefits and Costs The implementation of the amendments to the Insider Reports Exemptions (Banks) Regulations will ensure that the appropriate policy intent is captured in the Regulations. The original intent of the Regulations was to reduce regulatory overlap and provide banks and OSFI with the opportunity to realize some cost savings. These benefits would continue to exist. Consultation The proposed Regulations have been discussed with, and endorsed by, the Canadian Bankers Association. The industry supports this proposal. Compliance and Enforcement These changes will not have a material impact on OSFI's resources but the original intent of the Regulations to reduce regulatory overlap will continue. Nancy Sauvé, Regulations Officer, Legislation and Precedents Division, Office of the Superintendent of Financial Institutions, 255 Albert Street, Ottawa, Ontario K1A 0H2, (613) 991-4599 (Telephone), (613) 998-6716 (Facsimile). Notice is hereby given that the Governor in Council, pursuant to section 267.1 (see footnote c) and paragraph 978(a) (see footnote d) of the Bank Act (see footnote e) , proposes to make the annexed Regulations Amending the Insider Reports Exemptions (Banks) Regulations. Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice and be addressed to Nancy Sauvé, Regulations Officer, Legislation and Precedents Division, Office of the Superintendent of Financial Institutions, 255 Albert Street, Ottawa, Ontario, K1A 0H2. Ottawa, March 20, 2003 EILEEN BOYD Assistant Clerk of the Privy Council REGULATIONS AMENDING THE INSIDER REPORTS EXEMPTIONS (BANKS) REGULATIONS AMENDMENT 1. Section 1 of the Insider Reports Exemptions (Banks) Regulations (see footnote 3) is replaced by the following: 1. For the purposes of section 267.1 of the Bank Act, an insider is exempt from the requirements of sections 266 and 267 of that Act if the insider, under any provincial Act set out in the schedule (a) is required to file a document containing information similar to the information to be included in the insider report that is required by those sections to be sent to the Superintendent; or (b) is exempted from the requirement to file the document referred to in paragraph (a). COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. [12-1-o] SOR/93-332 S.C. 1996, c. 7, s. 37 S.C. 1992, c. 47 SOR/96-312 S.C. 2001, c. 9, s.183 S.C. 2001, c. 9, s.183 S.C. 1991, c. 46 SOR/2000-113 |
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