Vol. 146, No. 24 — November 21, 2012
Registration
SOR/2012-236 November 1, 2012
CONTRAVENTIONS ACT
Regulations Amending the Contraventions Regulations (Miscellaneous Program)
P.C. 2012-1462 November 1, 2012
His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 8 (see footnote a) of the Contraventions Act (see footnote b), hereby makes the annexed Regulations Amending the Contraventions Regulations (Miscellaneous Program).
REGULATIONS AMENDING THE CONTRAVENTIONS REGULATIONS (MISCELLANEOUS PROGRAM)
AMENDMENTS
1. Item 8 of Part Ⅱ of Schedule IX to the Contraventions Regulations (see footnote 1) is repealed.
2. Item 10 of Part Ⅱ of Schedule IX to the Regulations is repealed.
3. Items 16 to 21 of Part Ⅱ of Schedule IX to the Regulations are replaced by the following:
| Item |
Column I |
Column II |
Column III |
|---|---|---|---|
16. |
45 |
Person failing to operate a radio apparatus in the amateur radio service in accordance with the technical requirements issued by the Minister |
250 |
17. |
47(a) |
Person operating a radio apparatus in the amateur radio service communicating with a radio station that does not operate in the amateur radio service |
100 |
18. |
47(c)(i) |
Person operating a radio apparatus in the amateur radio service engaging in communication that transmits music |
100 |
19. |
47(c)(iii) |
Person operating a radio apparatus in the amateur radio service engaging in communication that transmits programming from a broadcasting undertaking |
100 |
20. |
47(c)(iv) |
Person operating a radio apparatus in the amateur radio serviceengaging in communication that transmits radiocommunications in support of industrial, business or professional activities |
250 |
21. |
49 |
|
250
|
COMING INTO FORCE
4. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT
ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
1. Background
In 2000 and 2011, the Radiocommunication Regulations were amended (SOR/2000-78, SOR/2011-48) to exempt amateur radio apparatus and their operation from the licensing requirement by Industry Canada (they are now merely certified) and to respond to concerns expressed by the Standing Joint Committee for the Scrutiny of Regulations, which concluded that provisions of the Radiocommunication Regulations were redundant to, or inconsistent with, the Radiocommunication Act, or inconsistent with the terms of the Charter of Rights and Freedoms.
2. Issue
Offences contained within the Radiocommunication Regulations are enforced through the ticketing regime under the Contraventions Act. Amendments made in 2000 and 2011 to the Radiocommunication Regulations have yet to be reflected in the Contraventions Regulations. This lack of harmonization may cause interpretation and enforcement issues.
3. Objectives
The amendments to the Contraventions Regulations ensure that enforcement officers have the most appropriate tool when charging minor offences related to radiocommunication. The amendments to the Contraventions Regulations also eliminate potential ambiguity by ensuring consistency between both regulations.
4. Description
Amendments made in 2000 removed the concept of “licensing” from the Radiocommunication Regulations. Since then, the existing short form descriptions found in the Contraventions Regulations no longer correspond to the exemption given under the Radiocommunication Regulations. The amendments remove the concept of “licensing” from the Contraventions Regulations to harmonize them with the Radiocommunications Regulations requirements. Thus, an interpretation of the word “licensed” in Schedule IX, Part Ⅱ of the Contraventions Regulations that would limit activities such as communicating with radio apparatus in the amateur radio service, to persons or radio apparatus that hold “radio licenses from Industry Canada” would be contrary to the intent of the new Regulations and could result in absurd consequence. Consequently, the better interpretation of “licensed” in this context includes stations or apparatus (or users) that hold a radio “authorization” or are otherwise “permitted or allowed” use by regulation.
The amendments to the Contraventions Regulations also harmonize the provisions to the changes made in 2011 to a number of sections in the Radiocommunication Regulations. Changes to the Radiocommunication Regulations provisions were made on the recommendation of the Standing Joint Committee for the Scrutiny of Regulations, which concluded that some provisions of the Radiocommunication Regulations were redundant to, or inconsistent with, the Radiocommunication Act, or inconsistent with the terms of the Charter of Rights and Freedoms.
5. Consultation
As these amendments harmonize the provisions between an existing set of regulations and the Contraventions Regulations and are technical in nature, no consultation with the public has been conducted.
6. Rationale
These are consequential amendments to amendments made to the Radiocommunication Regulations. The removal of the concept of “licensing” and the harmonization of the requirements to the description of the corresponding offence bring clarity to users as well as enforcement officers. Since Industry Canada is not issuing “licenses” to amateur radio users, these amendments reconcile the requirement for “a certification” to the concept of holding an “authorization” or to be “permitted or allowed” by regulation.
7. Implementation, enforcement and service standards
These amendments do not create new offences. They add more clarity for both enforcement officers and users on the applicable provisions and offences.
8. Contact
Marie-Claude Gervais
Counsel
Implementation of the Contraventions Act
Innovations, Analysis and Integration Directorate
Policy Sector
Department of Justice Canada
Ottawa, Ontario
Telephone: 613-941-4880
Email: mgervais@justice.gc.ca
Footnote a
S.C. 1996, c. 7, s. 4
Footnote b
S.C. 1992, c. 47
Footnote 1
SOR/96-313