Regulations Amending the Application of Provincial Laws Regulations and the Contraventions Regulations (Miscellaneous Program): SOR/2018-286

Canada Gazette, Part II, Volume 152, Number 26

Registration
SOR/2018-286 December 17, 2018

CONTRAVENTIONS ACT

P.C. 2018-1575 December 14, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to sections 8 footnote a and 65.1 footnote b of the Contraventions Act footnote c, makes the annexed Regulations Amending the Application of Provincial Laws Regulations and the Contraventions Regulations (Miscellaneous Program).

Regulations Amending the Application of Provincial Laws Regulations and the Contraventions Regulations (Miscellaneous Program)

Application of Provincial Laws Regulations

1 Paragraph 1(1)(a) of Part I of the schedule to the French version of the Application of Provincial Laws Regulations footnote 1 is replaced by the following:

2 Paragraphs 1(1)(a) to (d) of Part II of the schedule to the Regulations are replaced by the following:

3 Paragraphs 1(1)(a) to (c) of Part III of the schedule to the French version of the Regulations are replaced by the following:

4 Paragraphs 1(1)(a) and (b) of Part IV of the schedule to the French version of the Regulations are replaced by the following:

5 Paragraph 1(1)(a) of Part V of the schedule to the French version of the Regulations is replaced by the following:

a) la loi de l’Île-du-Prince-Édouard intitulée Summary Proceedings Act, R.S.P.E.I. 1988, ch. S-9, et ses règlements, ainsi que toute loi de cette province qui est mentionnée dans cette loi et qui vise la poursuite des infractions de cette province;

6 (1) Paragraphs 1(1)(a) to (c) of Part VI of the schedule to the French version of the Regulations are replaced by the following:

(2) Paragraph 1(2)(d) of Part VI of the schedule to the Regulations is replaced by the following:

(d) a reference to “peace officer”, “complainant” or “any other person having responsibility for the enforcement of a provision of an enactment” shall be read as a reference to “enforcement authority”; and

7 Section 4 of Part VI of the schedule to the Regulations is replaced by the following:

4 The enactments made applicable by this Part shall be read as if sections 530, 530.01 and paragraphs 530.1(a) to (h) of the Criminal Code, with any modifications that the circumstances require, were contained in those enactments.

8 Subsection 1(1) of Part VII of the schedule to the French version of the Regulations is replaced by the following:

1 (1) Sous réserve du paragraphe (2), le Code de procédure pénale du Québec, L.R.Q., ch. C-25.1, et ses règlements, ainsi que toute loi de la province de Québec qui est mentionnée dans ce code et qui vise la poursuite des infractions provinciales, s’appliquent aux contraventions qui auraient été commises, le 1er mai 1999 ou après cette date, sur le territoire de cette province ou dans le ressort des tribunaux de celle-ci.

9 Paragraphs 1(1)(a) and (b) of Part VIII of the schedule to the Regulations are replaced by the following:

10 The schedule to the Regulations is amended by replacing “section 530 and paragraphs 530.1(a) to (h) of the Criminal Code” with “sections 530, 530.01 and paragraphs 530.1(a) to (h) of the Criminal Code” in the following provisions:

Contraventions Regulations

11 The portion of item 2.1 of Part IV of Schedule I.1 to the Contraventions Regulations footnote 2 in column II is replaced by the following:

Item

Column II

Short-Form Description

2.1

Allow a person to operate a pleasure craft without the prescribed competency and proof of competency on board, or who does not benefit from an exception to those requirements to operate a pleasure craft.

12 The portion of item 7 of Part XV of Schedule I.3 to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

7

Failure to implement an environmental emergency plan within the required time or to test the plan and submit a notice with the requested information within the required time

13 Part XVII of Schedule I.3 to the Regulations is repealed.

14 The portion of paragraph 44(b) of Schedule II to the Regulations in column II is replaced by the following:

Item

Column II

Short-Form Description

44

(b) Failure to operate a vessel in a manner that ensures that the vessel and its wake do not compromise the safety of persons or vessels or cause damage

15 Part II of Schedule XIII.1 to the Regulations is repealed.

Coming into Force

16 (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

(2) Section 13 comes into force on April 1, 2019.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

In August 2017, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) identified a number of issues with the Regulations Amending the Application of Provincial Laws Regulations (SOR/2017-136) and recommended that the Regulations be amended to address these issues.

In January 2018, the SJCSR identified a number of issues with the Regulations Amending the Contraventions Regulations (SOR/2017-251) and recommended that the Regulations be amended to address these issues.

In March 2018, the SJCSR also identified a number of issues with the Regulations Amending the Contraventions Regulations (SOR/2016-299) and recommended that the Regulations be amended to address these issues.

Additionally, the provisions of the schedule to the Application of Provincial Laws Regulations incorporating section 530 and paragraphs 530.1(a) to (h) of the Criminal Code are amended in order to include the mention of section 530.01 of the Criminal Code, therefore reflecting the 2008 amendment to the Criminal Code.

Moreover, the Contraventions Regulations are amended to reflect the repeal of the Telecommunications Apparatus Regulations (SOR/2018-62 s. 1).

Finally, the Contraventions Regulations are amended to reflect the repeal of the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations (SOR/2016-252, s. 27) and the fact that section 11 of the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations will continue to apply to any person to whom section 9 of those Regulations applied until March 31, 2019 (SOR/2016-252, s. 25).

Objectives

The amendments have the following objectives:

Description

Application of Provincial Laws Regulations

The amendments to the Application of Provincial Laws Regulations (APLR) are described as follows:

Contraventions Regulations

The amendments to the Contraventions Regulations are described as follows:

“One-for-One” Rule

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

Small business lens

The small business lens does not apply to these amendments, as there are no costs to small business.

Rationale

The amendments are in response to the SJCSR’s review of the Regulations Amending the Application of Provincial Laws Regulations (SOR/2017-136), the Regulations Amending the Contraventions Regulations (SOR/2017-251) and the Regulations Amending the Contraventions Regulations (SOR/2016-299). Further technical amendments are made to the Application of Provincial Laws Regulations in order to reflect the provisions of the Criminal Code following amendments made in 2008. Other technical amendments are made to the Contraventions Regulations to mirror the repeal of enabling legislation. The amendments help to correct or improve the regulatory base, and do not impose any costs on the government or stakeholders.

Contact

Ghady Thomas
Legal Counsel
Policy Sector
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: 613-954-6716