Vol. 152, No. 4 — February 21, 2018

Registration

SOR/2018-19 February 12, 2018

CONTRAVENTIONS ACT

P.C. 2018-126 February 12, 2018

Her 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), makes the annexed Regulations Amending the Contraventions Regulations.

Regulations Amending the Contraventions Regulations

Amendment

1 Schedule XV to the Contraventions Regulations (see footnote 1) is replaced by the Schedule XV set out in the schedule to these Regulations.

Coming into Force

2 These Regulations come into force on the 30th day after the day on which they are registered.

SCHEDULE

(Section 1)

SCHEDULE XV

(Sections 1 to 3)

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

Item

Column I

Provision of Transportation of Dangerous Goods Act, 1992

Column II

Short-Form Description

Column III

Fine ($)

1

5(a)

Failing to comply with safety and security requirements

700

2

5(b)

Failing to accompany dangerous goods with required documents

500

3

5(c)

Failing to use required or permitted means of containment

500

4

5(d)

Failing to comply with safety standards or to display safety marks

500

5

5.1

Failing to comply with means of containment safety requirements

500

6

6

Affixing or displaying a misleading compliance mark

500

7

6.1

Affixing or displaying a misleading dangerous goods mark

500

8

8

Engaging in an activity in respect of a means of containment without required safety marks

500

9

9(1)

Failing to keep supply records

500

10

18(1)

Failing to report release or anticipated release of dangerous goods

1000

11

18(2)

Failing to take reasonable emergency measures in respect of release

1000

12

18(3)

Failing to report loss or theft to prescribed person

1000

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Enforcement of the Transportation of Dangerous Goods Act, 1992 (TDGA) is currently done through the Contraventions Regime, as some of the TDGA offences have been designated as contraventions under Schedule XV of the Contraventions Regulations. The TDGA was amended in 2009 (S.C. 2009, c. 9, SI/2009-53) and now includes safety-related concepts, new requirements regarding the manufacture and certification of means of containment used for transporting dangerous goods, and new reporting requirements for the loss or theft of dangerous goods. In order to prosecute these new TDGA offences under the Contraventions Regime, these new offences must be designated as contraventions.

These amendments to Schedule XV to the Contraventions Regulations designate certain new offences under the TDGA as contraventions by adding new short-form descriptions with fine amounts. These offences, which are somewhat related to offences already designated as contraventions, can therefore be prosecuted by means of a contraventions ticket, thereby ensuring consistency in the prosecution method. In other circumstances, these offences would be prosecuted through the procedure established in the Criminal Code.

The amendments made also amend certain existing short-form descriptions in order to reflect more accurately the structure of the corresponding sections as they appear in the TDGA.

The amendments also shorten the length of existing short-form descriptions already designated as contraventions. Some short-form descriptions were too long and could not be entirely reproduced in the space allotted on the ticket. These amendments are therefore technical and were needed in order to allow enforcement authorities to carry out their duties while still ensuring the viability of the prosecution.

Background

Enacted in 1992, the Contraventions Act (the Act) provides an alternative to the summary conviction procedure set out in the Criminal Code for the prosecution of certain federal offences.

This procedure reflects the distinction between criminal offences and regulatory offences, and is in addition to the procedure set out in the Criminal Code. It allows enforcement authorities to commence the prosecution of a contravention by means of a ticket with the option of voluntary payment of the prescribed fine, therefore avoiding the long and costly summary conviction procedure set out in the Criminal Code and sparing the offender from the legal ramifications of a Criminal Code conviction (such as a criminal record) while saving money for the courts and the state. This procedure is a more reasonable and effective approach, in that the prosecution of federal offences is more appropriate to their seriousness and, more specifically, in that the prescribed fine is more proportionate to the seriousness of these offences.

Made pursuant to section 8 of the Act, the Contraventions Regulations identify the federal offences designated as contraventions, provide the short-form descriptions of these offences — reproduced by enforcement authorities on the ticket for the contravention — and prescribe the amount of the fine for each of these contraventions.

Objectives

The amendments to Schedule XV to the Contraventions Regulations promote compliance with public safety standards in matters of transportation of dangerous goods.

The amendments to Schedule XV to the Contraventions Regulations also provide enforcement authorities responsible for enforcing the TDGA an additional tool for carrying out their mandate more effectively.

Description

The amendments to Schedule XV to the Contraventions Regulations do not create new offences, nor do they impose new restrictions or burdens on individuals or businesses. They are part of a regime ensuring that the prosecution of federal offences designated as contraventions is more appropriate to their seriousness and that the prescribed fine is more proportionate to the seriousness of these offences.

The amendments to Schedule XV to the Contraventions Regulations are described as follows.

— The following offences have been designated as contraventions:

— The short-form description of section 6 of the TDGA has been amended to reflect the wording of this section as it appears following the amendments of the TDGA in 2009.

— The short-form descriptions for paragraphs 5(a), (b) and (d) and sections 6 and 8, as well as subsections 18(1) and (2) of the TDGA have been shortened so that the short-form descriptions can be reproduced in the allotted space on the ticket. These amendments do not change the fine amounts associated to the short-form descriptions.

— Certain short-form descriptions for paragraphs 5(a), (b) and (d) and section 8 of the TDGA have been regrouped to better reflect the wording of the offence as described in the TDGA and to facilitate the work of enforcement authorities.

“One-for-One” Rule

The “One-for-One” Rule does not apply, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply, as there are no cost implications for small business.

Consultation

The amendments to the Contraventions Regulations were made at the request and with the co-operation of Transport Canada. Consultations pertaining to the amendments were conducted by Transport Canada.

The amendments to the Contraventions Regulations are of interest to all parties involved in the transportation of dangerous goods industry, including the provinces and territories. These amendments were discussed in 2012 and 2015 at meetings of the National Compliance Working Group, which consists of representatives from all the provinces and territories. Other consultations with members of the Policy Advisory Council did not yield any additional comments.

Several consultations were held in the fall of 2015. These consultations dealt with the addition of new short-form descriptions with corresponding fine amounts similar to existing ones, in order to allow the prosecution of new offences, which reflect new requirements of the TDGA as introduced in 2009.

Two consultations were held with the National Compliance Working Group and the Federal-Provincial-Territorial Working Group (consisting of 39 members representing Transport Canada’s regional offices, as well as representatives of provincial and territorial transportation authorities). A third consultation was held with the Transportation of Dangerous Goods General Policy Advisory Council (consisting of 45 members representing most of the industry, including shippers; manufacturers; marine, rail, road and air carriers; distributors; and authorities responsible for first responders).

These consultations did not reveal any objections from stakeholders and received positive support from provincial authorities.

Rationale

The Contraventions Regime, as well as the designation of certain offences as contraventions, results in savings for the government since uncontested cases are removed from the courts. The Contraventions Regime procedure is quicker and saves the courts and law enforcement agencies precious resources that could be devoted to prosecuting more serious offences.

Using the Contraventions Regime to prosecute TDGA offences will help to achieve Transport Canada’s objectives as set out in the TDGA, namely to promote public safety in the transportation of dangerous goods.

Implementation, enforcement and service standards

These regulations will come into force on the 30th day after the day on which they are registered.

The amendments to the Contraventions Regulations give enforcement officers an appropriate enforcement measure, allowing them to fulfil their mandate effectively and promote regulatory compliance.

Contact

Ghady Thomas
Counsel
Implementation of the Contraventions Regime
Innovations, Analysis and Integration Directorate
Policy Sector
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: 613-954-6716