Regulations Amending the Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations (Miscellaneous Program): SOR/2019-57
Canada Gazette, Part II, Volume 153, Number 6
Registration
SOR/2019-57 March 4, 2019
CANADA WILDLIFE ACT
P.C. 2019-127 February 28, 2019
Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 12(k) footnote a of the Canada Wildlife Act footnote b, makes the annexed Regulations Amending the Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations (Miscellaneous Program).
Regulations Amending the Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations (Miscellaneous Program)
Amendment
1 Paragraph 1(a) of the schedule to the Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations footnote 1 is replaced by the following:
Item |
Column 2 |
|---|---|
1 |
(a) paragraphs 3(1)(a) to (e), (h), (i), (k) to (m) |
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
The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified a provision of the Wildlife Area Regulations made under the Canada Wildlife Act that has been improperly designated in the Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations (the Regulations). In October 2017, the SJCSR indicated that the identified provision cannot be contravened and therefore should not be designated for the purposes of enforcement.
Background
The Regulations have the overall objective to complete the fine regime introduced by the Environmental Enforcement Act (EEA) by designating offences in the Wildlife Area Regulations made under the Canada Wildlife Act that are subject to the regime of minimum fines and higher maximum fines, in order to ensure that fines reflect the seriousness of designated offences. The Regulations are one of three regulations that complete the fine regime established by the EEA. The Regulations and the Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations came into force on July 12, 2017, while the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) came into force in June 2012.
As it relates to the SJCSR’s concern, the Regulations are meant to designate provisions of the Wildlife Area Regulations that prohibit activities such as hunting or fishing in a wildlife area, and that are enforceable by the application of fines. The provision in question does not describe a prohibited activity, but instead identifies that a person is permitted to perform otherwise prohibited activities when they possess a permit issued by the Minister. As a result, it is not itself a provision that can be contravened and should therefore not be designated.
Objectives
The objective of the Regulations Amending the Designation of Regulatory Provisions for the Purposes of Enforcement (Canada Wildlife Act) Regulations (Miscellaneous Program) [the Amendment] is to remove the improperly designated provision in the Regulations that was identified by the SJCSR.
Description
The Amendment modifies paragraph 1(a) of the Schedule of the Regulations by removing “and the portion of subsection 3(1) after paragraph (m)” from the list of provisions of the Wildlife Area Regulations that are designated by the Regulations. Therefore, the Regulations will no longer designate a provision that allows a person to carry out prohibited activities if they possess a permit, as this is not a provision that can be contravened.
“One-for-One” Rule
The “One-for-One” Rule does not apply to the Amendment, as there are no administrative costs to stakeholders.
Small business lens
The small business lens does not apply to the Amendment, as there are no costs to stakeholders, including small businesses.
Consultation
Consultations only took place with the SJCSR, as the Amendment is a correction to the Regulations, removing a provision that was improperly designated. The Amendment does not introduce any new requirements.
Rationale
The Amendment will not change the policy intent of the Regulations and is therefore not expected to introduce any costs to stakeholders. The Amendment responds to the SJCSR’s review of the Regulations. The SJCSR identified a provision of the Wildlife Area Regulations under the Canada Wildlife Act that has been improperly designated. Consequently, the Amendment removes the provision that cannot be contravened and, therefore, should not be designated by the Regulations.
Contacts
Sheldon Jordan
Director General
Wildlife Enforcement Directorate
Enforcement Branch
Department of the Environment
351 St-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: sheldon.jordan@canada.ca
Matthew Watkinson
Director
Regulatory Analysis and Valuation Division Economic Analysis Directorate
Strategic Policy Branch
Department of the Environment
200 Sacré-Cœur Boulevard
Gatineau, Quebec
K1A 0H3
Email: ec.darv-ravd.ec@canada.ca