Regulations Amending the Contraventions Regulations: SOR/2018-40

Canada Gazette, Part II: Volume 152, Number 6

Registration

March 7, 2018

CONTRAVENTIONS ACT

P.C. 2018-202 March 6, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 8^{footnote a} of the Contraventions Act^{footnote b}, makes the annexed Regulations Amending the Contraventions Regulations.

Regulations Amending the Contraventions Regulations

Amendment

1 Schedule I to the Contraventions Regulations^{footnote 1} is amended by adding the following after Part III:

PART IV

Port Authorities Operations Regulations

Coming into Force

2 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.)

Issues

Amendments to Schedule I to the Contraventions Regulations are made in order to designate paragraph 11(2)(a) of the Ports Authorities Operations Regulations (PAOR) as a contravention, by adding a new short-form description with fine amount.

Unauthorized parking has become a significant challenge at a number of properties managed by Canada Port Authorities where illegally parked vehicles impede the flow of traffic in and out of ports, and where timely access to the port and related installations is critical. Such unauthorized parking is prohibited by paragraph 11(2)(a) of the PAOR. In order to prosecute this offence under the ticketing regime established under the Contraventions Act (the Act), the offence must be designated as a contravention.

Background

Enacted in 1992, 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 offers an alternative 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 longer and more costly summary conviction procedure set out in the Criminal Code. This spares the offender from the legal ramifications of a Criminal Code conviction (such as a criminal record) while ensuring that court and criminal justice resources can be focussed on the prosecution of more serious offences. This ticketing procedure is a more reasonable and effective approach for relatively minor infractions, and provides for fines that are 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.

Paragraph 11(2)(a) of the PAOR requires persons operating motor vehicles on properties managed by port authorities to obey parking and other rules posted on signs. Without a designation under the Contravention Regulations, the only means to enforce these rules is via prosecution under the summary conviction procedures set out in the Criminal Code, which is neither a practical nor a proportionate option for most parking infractions. As a result, port authorities rely on the issuance of warnings to encourage compliance with parking rules. Port authorities face increasing challenges dealing with illegally parked vehicles, which impede the efficient and safe operation of ports.

Objectives

The amendments to Schedule I to the Contraventions Regulations designate as a contravention paragraph 11(2)(a) of the PAOR in order to provide enforcement authorities responsible for enforcing the PAOR with an additional enforcement tool for carrying out their mandate more effectively.

These amendments therefore promote compliance with instructions on signs and devices on property managed by Port Authorities while at the same time addressing both safety and security concerns.

Description

The amendments to Schedule I to the Contraventions Regulations are described as follows:

• A new Part under Schedule I (Canada Marine Act) of the Contraventions Regulations titled “Port Authorities Operations Regulations” is added. This new part is included under Schedule I of the Contraventions Regulations because the Port Authorities Operations Regulations are regulations made under the Canada Marine Act.
• Paragraph 11(2)(a) of the PAOR is designated as a contravention by adding a short-form description and a fine amount of $100.

“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 are of interest to all 18 Canada Port Authorities. This issue was raised at the 56th annual conference of the Association of Canadian Port Authorities (ACPA) held August 17–20, 2014, in Belledune, New Brunswick and attended by all Canada Port Authorities.

Transport Canada officials have also informed the ACPA of these amendments and shared this information at the November 2014 meeting of the National Port Security Committee (NPSC), a government-stakeholder policy forum with representations from port authorities, the ACPA and law enforcement agencies. The president of the ACPA, as well as representatives of the ports of Halifax, Hamilton, Montreal, Sept-Îles, Vancouver and Windsor (members of the NPSC) were supportive of this initiative. Although remaining ports are not members of the NPSC, the ACPA noted, in subsequent meetings, that ports in general viewed the initiative favourably.

Further, Transport Canada conducted an online consultation from May 1, 2017, to May 31, 2017, and invited the public to comment on the designation of this offence as a contravention. The St. John’s Port Authority also posted the link to the consultation on its website. The public was invited to provide comments to Transport Canada by email or by telephone. No comments were received.

Rationale

The amendments to Schedule I 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 certain federal offences, i.e. those designated as contraventions, is more appropriate to their seriousness and that the prescribed fine is more proportionate to the seriousness of these offences. The contraventions procedure is quicker and saves the courts and law enforcement agencies resources that could be devoted to prosecuting more serious offences.

Using the Contraventions Act regime to prosecute this offence will help to achieve Transport Canada’s objectives as set out in the PAOR, namely to prohibit any act or omission in the port that has or is likely to jeopardize safety and health, cause nuisance or cause damage. The prescribed fine amount of $100 is consistent with other motor vehicle offences designated under the Contraventions Regulations.

Implementation, enforcement and service standards

These Regulations will come into force on 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.

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