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Vol. 141, No. 44 — November 3, 2007 Regulations Amending the Contraventions RegulationsStatutory authority Contraventions Act Sponsoring department Department of Justice REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description The Contraventions Act (the Act) was passed in October 1992 to establish a simplified procedure for prosecuting certain federal offences. The Act provides that offences designated as "contraventions" may be prosecuted by means of a ticket. At the request of the provinces and as a result of the Program 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 the signing of agreements with provincial and territorial governments respecting the administrative and technical aspects of implementing the contraventions scheme. The Contraventions Regulations are made pursuant to section 8 of the Act. These Regulations identify the federal offences that have been designated as contraventions, establish a short-form description and set the applicable fine for each of them. They have been amended numerous times since their coming into force to add new contraventions or to reflect changes to the enactments that created the offences. The proposed amendment to the Contraventions Regulations purports to designate, as contraventions, several offences under the Telecommunications Act and the Telecommunications Apparatus Regulations and sets the applicable fine for each of them. The fines proposed are consistent with fines for similar contraventions under the Radiocommunication Act and related regulations. This amendment reflects the new Telecommunications Apparatus Regulations and changes made to the Telecommunications Act to enable Canada's full participation in several international Mutual Recognition Agreements on the conformity assessment of telecommunications and radio apparatus. 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 designate that offence as a contravention pursuant to section 8 of the Contraventions Act. An alternative to this amendment would have been to maintain the status quo and continue prosecuting those offences under the Telecommunications Act and the Telecommunications Apparatus Regulations pursuant to the summary conviction process of the Criminal Code. This option was rejected as it would have maintained a cumbersome and expensive means of prosecuting these relatively minor offences. 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 facilitate 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 will be published in the Canada Gazette, Part I, 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. For further information concerning the proposed amendment to the Contraventions Regulations, please contact
Jean-Pierre Baribeau
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 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 Jean-Pierre Baribeau, Legal Counsel, Contraventions Act Implementation Management, Department of Justice, 275 Sparks Street, Ottawa, Ontario K1A 0H8. Ottawa, October 25, 2007
MARY PICHETTE REGULATIONS AMENDING THE CONTRAVENTIONS REGULATIONS AMENDMENTS 1. The portion of item 2 of Part II of Schedule IX to the Contraventions Regulations (see footnote 1) in column II is replaced by the following:
2. The Regulations are amended by adding, after Schedule XIII, the Schedule XIII.1 set out in the schedule to these Regulations. COMING INTO FORCE 3. These Regulations come into force on the day on which they are registered.
SCHEDULE
SCHEDULE XIII.1 TELECOMMUNICATIONS ACT PART I Telecommunications Act
PART II Telecommunications Apparatus Regulations
[44-1-o] S.C. 1996, c. 7, s. 4 S.C. 1992, c. 47 SOR/96-313
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