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Notice

Vol. 137, No. 44 — November 1, 2003

Regulations Amending the Contraventions Regulations

Statutory Authority

Contraventions Act

Sponsoring Department

Department of Justice

REGULATORY IMPACT
ANALYSIS STATEMENT

Description

The Contraventions Act (the Act) was adopted in October 1992 in order to establish a simplified procedure for prosecuting certain federal offences. The Act provides that offences designated as "contraventions" may be prosecuted through the issuance of a ticket. Because the implementation of the Act required that a complex administrative infrastructure be established first, the Act was not proclaimed immediately. At the request of the provinces and as a result of the Programs Review initiative, the Act was amended in 1996 to make it possible to use provincial and territorial offence schemes for the prosecution of contraventions. The Act, as amended, also authorizes agreements respecting the administrative and technical aspects of the contraventions scheme to be entered into with provincial and territorial governments. It came into force on August 1, 1996.

The Contraventions Regulations, made pursuant to section 8 of the Act, list the offences designated as contraventions, establish a short-form description and a fine amount for each contravention. The Regulations have been amended numerous times since their coming into force to add new contraventions or to reflect changes to the enabling legislation.

The proposed amendment to the Contraventions Regulations replaces Part III of Schedule I to the Regulations which designated as contraventions several offences under the Shore Traffic Regulations. As the Shore Traffic Regulations were replaced by the Seaway Property Regulations, the proposed amendment to the Contraventions Regulations now designates as contraventions several offences under the Seaway Property Regulations.

Alternatives

In order to decriminalize a federal offence and give individuals the possibility of pleading guilty without having to appear in court, it is necessary that the Governor in Council, pursuant to section 8 of the Contraventions Act, designate that offence under the Contraventions Regulations and amend consequently these Regulations. There is no other option.

Benefits and Costs

The Contraventions Regulations are an essential element for the pursuit of the following three objectives underlying the Contraventions Act: to decriminalize certain federal offences, to ease the courts' workload and to improve the enforcement of federal legislation. This amendment to the Regulations does not impose new restrictions or burdens on individuals or businesses. It is part of a system that will ensure that the enforcement of the designated offences will be less onerous on the offender and more proportionate and appropriate to the seriousness of the violation. While there is no data from which one can draw a comparison, there is consensus among all key players that designating contraventions will result in savings to the entire justice system and provide the public with a quicker and more convenient process for handling federal offences.

Consultation

The proposed amendment to the Contraventions Regulations is published in Part I of the Canada Gazette for a 30-day consultation period.

Compliance and Enforcement

Compliance with these Regulations is not an issue as they only purport to identify the offences that are being designated as contraventions, give a short-form description of these offences and provide the applicable fines.

Contact

For further information concerning the proposed amendment to the Contraventions 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), michel.gagnon@ justice.gc.ca (Internet).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 8 (see footnote a)  of the Contraventions Act (see footnote b) , proposes to make the annexed Regulations Amending the Contraventions 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, October 30, 2003

EILEEN BOYD
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CONTRAVENTIONS REGULATIONS

AMENDMENT

1. Part III of Schedule 1 to the Contraventions Regulations (see footnote 1)  is replaced by the following:

PART III

Seaway Property Regulations






Item		 Column I

Provision
of Seaway Property Regulations		 Column II



Short-Form Description		 Column III




Fine $
1. 6; 5
of schedule		 Release any material or substance onto or over a lock wall or tie-up wall 500
2. 6; 11(b)
of schedule		 Hunt in any area other than a designated area 500
3. 6; 13(b)
of schedule		 Fish in a designated area without a scientific permit issued by the Department of Fisheries and Oceans 500
4. 6; 13(c)
of schedule		 Fish anywhere other than in a designated area 500
5. 6; 21
of schedule		 Swim 500
6. 9(1) Fail to obey instructions on signs 100
7. 9(2) (a) Remove sign or device 200
    (b) Mark sign or device 75
    (c) Deface sign or device 200
8. 10(a) Operate a vehicle without required licenses and permits An amount equal to the amount of the fine for contravening provincial or municipal law relating to the operation of a vehicle, applicable in the place where the contravention was committed, in the case where the contravention is enforced by means of a ticketing procedure, up to a maximum of $2,000
9. 10(b) (a) Operate an unregistered vehicle An amount equal to the amount of the fine for contravening a provincial or municipal law relating to the operation of a vehicle, applicable in the place where the contravention was committed, in the case where the contravention is enforced by means of a ticketing procedure, up to a maximum of $2,000
    (b) Operate a vehicle that is not legally equipped An amount equal to the amount of the fine for contravening a provincial or municipal law relating to the operation of a vehicle, applicable in the place where the contravention was committed, in the case where the contravention is enforced by means of a ticketing procedure, up to a maximum of $2,000
10. 11 Operate a vehicle in contravention of provincial or municipal law An amount equal to the amount of the fine for contravening a provincial or municipal law relating to the operation of a vehicle, applicable in the place where the contravention was committed, in the case where the contravention is enforced by means of a ticketing procedure, up to a maximum of $2,000
11. 12 Operate a vehicle that enters a roadway at a non-designated access 100
12. 14(2)(a) Fail to obey instruction on sign or device while operating a vehicle 100
13. 14(2)(b) Fail to obey traffic directions given by an authorized person while operating a vehicle 100
14. 16(1)(b) (a) Fail to notify the Manager of incident without delay 500
    (b) Fail to provide a description of what was dropped, deposited, discharged or spilled 500
    (c) Fail to provide the approximate location of what was dropped, deposited, discharged or spilled 500
15. 31(1)(a); 1
of schedule		 Operate a vehicle in an area not intended for vehicular traffic without written authorization 100
16. 31(1)(b); 1
of schedule		 Fail to comply with a condition of a written authorization to operate a vehicle in an area not intended for vehicular traffic 100
17. 31(1)(a); 2
of schedule		 Conduct a diving operation without written authorization 500
18. 31(1)(b); 2
of schedule		 Fail to comply with a condition of a written authorization to conduct a diving operation 500
19. 31(1)(a); 3
of schedule		 Conduct salvage
operations without
written authorization		 500
20. 31(1)(b); 3
of schedule		 Fail to comply with a condition of a written authorization to conduct salvage operations 500
21. 31(1)(a); 4
of schedule		 (a) Build a storage tank without written authorization 500
    (b) Install a storage tank without written authorization 500
    (c) Modify a storage tank without written authorization 500
    (d) Replace a storage tank without written authorization 500
    (e) Dismantle a storage tank without written authorization 500
    (f) Decommission a storage tank without written authorization 500
22. 31(1)(b); 4
of schedule		 (a) Fail to comply with a condition of a written authorization to build a storage tank 500
    (b) Fail to comply with a condition of a written authorization to install a storage tank 500
    (c) Fail to comply with a condition of a written authorization to modify a storage tank 500
    (d) Fail to comply with a condition of a written authorization to replace a storage tank 500
    (e) Fail to comply with a condition of a written authorization to dismantle a storage tank 500
    (f) Fail to comply with a condition of a written authorization to decommission a storage tank 500
23. 31(1)(a); 6
of schedule		 Conduct a dredging operation without written authorization 500
24. 31(1)(b); 6
of schedule		 Fail to comply with a condition of a written authorization to conduct a dredging operation 500
25. 31(1)(a); 7
of schedule		 (a) Excavate any material or substance without written authorization 200
    (b) Remove any material or substance without written authorization 200
26. 31(1)(b); 7
of schedule		 (a) Fail to comply
with a condition of a
written authorization to excavate material or substance		 200
    (b) Fail to comply
with a condition of a
written authorization to remove material or substance		 200
27. 31(1)(a); 8
of schedule		 (a) Tranship cargo in an area other than a designated area without written authorization 300
    (b) Load cargo in an area other than a designated area without written authorization 200
    (c) Unload cargo in an area other than a designated area without written authorization 200
28. 31(1)(b); 8
of schedule		 (a) Fail to comply with a condition of a written authorization to tranship cargo in an area other than a designated area 300
    (b) Fail to comply with a condition of a written authorization to load cargo in an area other than a designated area 200
    (c) Fail to comply with a condition of a written authorization to unload cargo in an area other than a designated area 200
29. 31(1)(a); 9
of schedule		 (a) Place a navigation device without written authorization 300
    (b) Alter a navigation device without written authorization 300
    (c) Remove a navigation device without written authorization 300
    (d) Relocate a navigation device without written authorization 300
30. 31(1)(b); 9
of schedule		 (a) Fail to comply
with a condition of a
written authorization to place a navigation device		 300
    (b) Fail to comply
with a condition of a
written authorization to alter a navigation device		 300
    (c) Fail to comply
with a condition of a
written authorization to remove a navigation device		 300
    (d) Fail to comply
with a condition of a
written authorization to relocate a navigation device		 300
31. 31(1)(a); 10
of schedule		 Cast adrift an object without written authorization 200
32. 31(1)(b); 10
of schedule		 Fail to comply with a condition of a written authorization to cast adrift an object 200
33. 31(1)(a); 11(a)
of schedule		 Hunt in a designated area without written authorization 500
34. 31(1)(b); 11(a)
of schedule		 Fail to comply with a condition of a written authorization to hunt in a designated area 500
35. 31(1)(a); 12
of schedule		 (a) Build any structure or work without written authorization 100
    (b) Place any structure or work without written authorization 100
    (c) Rebuild any structure or work without written authorization 200
    (d) Repair any structure or work without written authorization 100
    (e) Alter any structure or work without written authorization 200
    (f) Move any structure or work without written authorization 200
    (g) Remove any structure or work without written authorization 200
36. 31(1)(b); 12
of schedule		 (a) Fail to comply with the conditions of a written authorization to build any structure or work 100
    (b) Fail to comply with the conditions of a written authorization to place any structure or work 100
    (c) Fail to comply
with a condition of a
written authorization to rebuild any structure or work		 200
    (d) Fail to comply
with a condition of a
written authorization to repair any structure or work		 100
    (e) Fail to comply
with a condition of a
written authorization to alter any structure or work		 200
    (f) Fail to comply
with a condition of a
written authorization to move any structure or work		 200
    (g) Fail to comply with a condition of a written authorization to remove any structure or work 200
37. 31(1)(a); 13(a)
of schedule		 Fish in a designated area under a scientific permit without written authorization 500
38. 31(1)(b); 13(a)
of schedule		 Fail to comply with a condition of a written authorization to fish in a designated area under a scientific permit 500
39. 31(1)(a); 14
of schedule		 Conduct a race, regatta, trial, demonstration, organized event or similar activity without a written authorization 500
40. 31(1)(b); 14
of schedule		 Fail to comply with a condition of a written authorization to conduct a race, regatta, trial, demonstration, organized event or similar activity 500
41. 31(1)(a); 15
of schedule		 (a) Cause a fire or explosion without written authorization 500
    (b) Conduct blasting without written authorization 500
    (c) Set off fireworks
without written
authorization		 500
42. 31(1)(b); 15
of schedule		 (a) Fail to comply with a condition of a written authorization to cause a fire or explosion 500
    (b) Fail to comply with a condition of a written authorization to conduct blasting 500
    (c) Fail to comply with a condition of a written authorization to set off fireworks 500
43. 31(1)(a); 16
of schedule		 Place any placard, bill, sign or device without written authorization 75
44. 31(1)(b); 16
of schedule		 Fail to comply with a condition of a written authorization to place any placard, bill, sign or device 75
45. 31(1)(a); 17
of schedule		 (a) Sell goods or services without written authorization 100
    (b) Offer for sale goods or services without written authorization 100
46. 31(1)(b); 17
of schedule		 (a) Fail to comply with a condition of a written authorization to sell goods or services 100
    (b) Fail to comply with a condition of a written authorization to offer for sale goods or services 100
47. 31(1)(a); 18
of schedule		 Distribute circulars,
leaflets or advertising
materials without written authorization		 50
48. 31(1)(b); 18
of schedule		 Fail to comply with a condition of a written authorization to distribute circulars, leaflets or advertising materials 50
49. 31(1)(a); 19
of schedule		 Engage in any form of solicitation without written authorization 50
50. 31(1)(b); 19
of schedule		 Fail to comply with a condition of a written authorization to engage in any form of solicitation 50
51. 31(1)(a); 20
of schedule		 Venture out onto ice without written authorization 200
52. 31(1)(b); 20
of schedule		 Fail to comply with a condition of a written authorization to venture out onto ice 200

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[44-1-o]

Footnote a 

S.C. 1996, c. 7, s. 4

Footnote b 

S.C. 1992, c. 47

Footnote 1 

SOR/96-313

 

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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