Regulations Amending the Contraventions Regulations: SOR/2022-101
Canada Gazette, Part II, Volume 156, Number 12
Registration
SOR/2022-101 May 17, 2022
CONTRAVENTIONS ACT
P.C. 2022-470 May 16, 2022
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 8footnote a of the Contraventions Act footnote b, makes the annexed Regulations Amending the Contraventions Regulations.
Regulations Amending the Contraventions Regulations
Amendments
1 Schedule I to the Contraventions Regulations footnote 1 is amended by adding the following before Part III:
PART I
| Item | Column I Provision of Canada Marine Act |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 58(3) | (a) Enter, leave or proceed within a port or a traffic control zone without having obtained a traffic clearance | 500 |
| (b) Proceed within a port or a traffic control zone without being able to maintain direct communication with a person designated by a port authority to control traffic | 500 | ||
| 2 | 59(1)(a) | (a) Fail to follow the practices and procedures established by a port authority | 500 |
| (b) Fail to have the capacity to use the radio frequencies specified by a port authority | 500 | ||
| 3 | 59(1)(b) | Fail to do what a person designated by a port authority requires to control traffic | 500 |
| 4 | 126(a) | Fail to comply with any reasonable requirement of an enforcement officer in the course of carrying out duties and functions | 500 |
PART II
| Item | Column I Provision of Port Authorities Operations Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 5(a) | (a) Do anything that jeopardizes or is likely to jeopardize the safety or health of persons in the port | 500 |
| (b) Permit anything that jeopardizes or is likely to jeopardize the safety or health of persons in the port | 500 | ||
| 2 | 5(b) | (a) Do anything that interferes or is likely to interfere with navigation | 500 |
| (b) Permit anything that interferes or is likely to interfere with navigation | 500 | ||
| 3 | 5(c) | (a) Do anything that obstructs or threatens or is likely to obstruct or threaten any part of the port | 500 |
| (b) Permit anything that obstructs or threatens or is likely to obstruct or threaten any part of the port | 500 | ||
| 4 | 5(d) | (a) Do anything that interferes or is likely to interfere with an authorized activity in the port | 250 |
| (b) Permit anything that interferes or is likely to interfere with an authorized activity in the port | 250 | ||
| 5 | 5(e) | (a) Do anything that diverts or is likely to divert the flow of a river or stream | 500 |
| (b) Permit anything that diverts or is likely to divert the flow of a river or stream | 500 | ||
| (c) Do anything that causes or affects or is likely to cause or affect currents | 500 | ||
| (d) Permit anything that causes or affects or is likely to cause or affect currents | 500 | ||
| (e) Do anything that causes or is likely to cause silting or the accumulation of material | 500 | ||
| (f) Permit anything that causes or is likely to cause silting or the accumulation of material | 500 | ||
| (g) Do anything that reduces or is likely to reduce the depth of the waters of the port | 500 | ||
| (h) Permit anything that reduces or is likely to reduce the depth of the waters of the port | 500 | ||
| 6 | 5(f) | (a) Do anything that causes or is likely to cause a nuisance | 250 |
| (b) Permit anything that causes or is likely to cause a nuisance | 250 | ||
| 7 | 5(g) | (a) Do anything that causes or is likely to cause damage to ships or other property | 500 |
| (b) Permit anything that causes or is likely to cause damage to ships or other property | 500 | ||
| 8 | 5(h) | (a) Do anything that adversely affects or is likely to adversely affect soil, air or water quality | 500 |
| (b) Permit anything that adversely affects or is likely to adversely affect soil, air or water quality | 500 | ||
| 9 | 5(i) | (a) Do anything that adversely affects or is likely to adversely affect port operations or the property managed, held or occupied by the port authority | 500 |
| (b) Permit anything that adversely affects or is likely to adversely affect port operations or the property managed, held or occupied by the port authority | 500 | ||
| 10 | 6 | Conduct an activity that is prohibited in a port | 500 |
| 11 | 7 | Unlawfully access any area managed, held or occupied by a port authority | 500 |
| 12 | 9(1) | Fail to comply with instructions on a sign or a device | 125 |
| 13 | 9(2) | Remove, mark or deface a sign or device in a port | 125 |
| 14 | 10(1) | (a) Operate a vehicle in an unsafe manner | An amount equal to the amount of the fine for contravening a provincial or municipal law relating to the operation of a vehicle, applicable in the place where the contravention was committed, in the case where the contravention is enforced by means of a ticketing procedure, up to a maximum of $2,000 |
| (b) Speeding | An amount equal to the amount of the fine for contravening a provincial or municipal law relating to the operation of a vehicle, applicable in the place where the contravention was committed, in the case where the contravention is enforced by means of a ticketing procedure, up to a maximum of $2,000 | ||
| 15 | 11(2)(a) | Fail to obey instructions on a sign or device while operating a vehicle | 125 |
| 16 | 11(2)(b) | Fail to obey traffic directions given by a person authorized for that purpose | 250 |
| 17 | 13(1)(b) | (a) Fail to notify the port authority of a specified incident without delay | 250 |
| (b) Fail to provide a description of what was dropped, deposited, discharged or spilled | 125 | ||
| (c) Fail to provide the approximate location of what was dropped, deposited, discharged or spilled | 125 | ||
| 18 | 14 | Fail to follow specified fire protection and prevention measures | 500 |
| 19 | 15(a) | Fail to post notices, deploy lights and erect fences, barricades or other necessary devices or to station a person at the site of a dangerous situation | 250 |
| 20 | 15(c) | Fail to notify the port authority without delay of the nature of the dangerous situation and precautions taken and their location | 500 |
| 21 | 17(a) | Fail to notify the port authority without delay that there is a specified emergency situation | 500 |
| 22 | 26(1) | Fail to comply with the conditions that are posted or set out on forms for conducting a specified activity | 250 |
| 23 | 26(2) | Fail to keep the checklist readily available for inspection | 125 |
| 24 | 28(1)(a) | Conduct a specified activity without authorization | 250 |
| 25 | 28(1)(b) | Fail to comply with a condition of an authorization to conduct a specified activity | 250 |
PART II.1
| Item | Column I Provision of Public Ports and Public Port Facilities Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 14(a) | (a) Do anything that jeopardizes or is likely to jeopardize the safety or health of persons in the public port or at the public port facility | 500 |
| (b) Permit anything that jeopardizes or is likely to jeopardize the safety or health of persons in the public port or at the public port facility | 500 | ||
| 2 | 14(b) | (a) Do anything that interferes or is likely to interfere with navigation | 500 |
| (b) Permit anything that interferes or is likely to interfere with navigation | 500 | ||
| 3 | 14(c) | (a) Do anything that obstructs or threatens or is likely to obstruct or threaten any part of the public port or public port facility | 500 |
| (b) Permit anything that obstructs or threatens or is likely to obstruct or threaten any part of the public port or public port facility | 500 | ||
| 4 | 14(d) | (a) Do anything that interferes with or is likely to interfere with an authorized activity in the public port or at the public port facility | 250 |
| (b) Permit anything that interferes with or is likely to interfere with an authorized activity in the public port or at the public port facility | 250 | ||
| 5 | 14(e) | (a) Do anything that diverts or is likely to divert the flow of a river or stream | 500 |
| (b) Permit anything that diverts or is likely to divert the flow of a river or stream | 500 | ||
| (c) Do anything that causes or affects or is likely to cause or affect currents | 500 | ||
| (d) Permit anything that causes or affects or is likely to cause or affect currents | 500 | ||
| (e) Do anything that causes or is likely to cause silting or the accumulation of material | 500 | ||
| (f) Permit anything that causes or is likely to cause silting or the accumulation of material | 500 | ||
| (g) Do anything that reduces or is likely to reduce the depth of the waters of the public port | 500 | ||
| (h) Permit anything that reduces or is likely to reduce the depth of the waters of the public port | 500 | ||
| 6 | 14(f) | (a) Do anything that causes or is likely to cause a nuisance | 250 |
| (b) Permit anything that causes or is likely to cause a nuisance | 250 | ||
| 7 | 14(g) | (a) Do anything that causes or is likely to cause damage to ships or other property | 500 |
| (b) Permit anything that causes or is likely to cause damage to ships or other property | 500 | ||
| 8 | 14(h) | (a) Do anything that adversely affects or is likely to adversely affect sediment, soil, air or water quality | 500 |
| (b) Permit anything that adversely affects or is likely to adversely affect sediment, soil, air or water quality | 500 | ||
| 9 | 14(i) | (a) Do anything that adversely affects or is likely to adversely affect public port or public port facility operations | 500 |
| (b) Permit anything that adversely affects or is likely to adversely affect public port or public port facility operations | 500 | ||
| 10 | 15 | Unlawfully access any area of a public port facility | 500 |
| 11 | 17(1) | Fail to comply with instructions on a sign or device | 125 |
| 12 | 17(2) | Remove, mark or deface a sign or device within a public port or at a public port facility | 125 |
| 13 | 19 | Operate a vehicle at a public port facility in contravention of law of the province or municipality in which it is situated | An amount equal to the amount of the fine for contravening a provincial or municipal law relating to the operation of a vehicle, applicable in the place where the contravention was committed, in the case where the contravention is enforced by means of a ticketing procedure, up to a maximum of $2,000 |
| 14 | 20 | (a) Operate a vehicle in an unsafe manner | An amount equal to the amount of the fine for contravening a provincial or municipal law relating to the operation of a vehicle, applicable in the place where the contravention was committed, in the case where the contravention is enforced by means of a ticketing procedure, up to a maximum of $2,000 |
| (b) Speeding | An amount equal to the amount of the fine for contravening a provincial or municipal law relating to the operation of a vehicle, applicable in the place where the contravention was committed, in the case where the contravention is enforced by means of a ticketing procedure, up to a maximum of $2,000 | ||
| 15 | 21(2)(a) | Fail to comply with instructions on a sign or device applicable to the person, vehicle or public port facility | 125 |
| 16 | 21(2)(b) | Fail to comply with traffic directions given by a port official | 250 |
| 17 | 23(1)(b) | (a) Fail to notify a port official without delay of a specified incident | 250 |
| (b) Fail to provide a description of what was dropped, deposited, discharged or spilled | 125 | ||
| (c) Fail to provide the approximate location of what was dropped, deposited, discharged or spilled | 125 | ||
| (d) Fail to provide a description of efforts made to remove what was dropped, deposited, discharged or spilled | 125 | ||
| 18 | 24 | Fail to follow specified fire protection and prevention measures | 500 |
| 19 | 26(b) | Fail to make every effort to notify a port official of a specified activity and emergency situation | 500 |
| 20 | 27(a) | Fail to notify a port official without delay of a specified emergency situation | 500 |
| 21 | 28(a) | (a) Fail to notify a port official without delay of an incident involving injury to a person | 500 |
| (b) Fail to notify a port official without delay of an incident involving damage to the environment | 500 | ||
| (c) Fail to notify a port official without delay of an incident involving material loss or damage | 500 | ||
| (d) Fail to notify a port official without delay of an explosion | 500 | ||
| (e) Fail to notify a port official without delay of a fire | 500 | ||
| (f) Fail to notify a port official without delay of an accident | 500 | ||
| (g) Fail to notify a port official without delay of a grounding or stranding | 500 | ||
| 22 | 34(1) | Fail to comply with the conditions that are posted or set out on forms for conducting a specified activity | 125 |
| 23 | 34(2) | Fail to keep the checklist readily available for inspection | 125 |
| 24 | 36(1)(a) | Conduct a specified activity without authorization | 250 |
| 25 | 36(1)(b) | Fail to comply with a condition of an authorization to conduct a specified activity | 250 |
| Item | Column I Provision of Seaway Property Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 22 | 13 | (a) Operate a vehicle in an unsafe manner | An amount equal to the amount of the fine for contravening a provincial or municipal law relating to the operation of a vehicle, applicable in the place where the contravention was committed, in the case where the contravention is enforced by means of a ticketing procedure, up to a maximum of $2,000 |
| (b) Speeding | An amount equal to the amount of the fine for contravening a provincial or municipal law relating to the operation of a vehicle, applicable in the place where the contravention was committed, in the case where the contravention is enforced by means of a ticketing procedure, up to a maximum of $2,000 |
| Item | Column I Provision of Seaway Property Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 25.1 | 17 | Fail to follow specified fire protection and prevention measures | 500 |
| 25.2 | 20(a) | Fail to notify the Manager without delay that there is a specified emergency situation | 500 |
4 Part IV of Schedule I to the Regulations is replaced by the following:
PART IV
| Item | Column I Provision of Natural and Man-made Harbour Navigation and Use Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 3(a) | (a) Do anything that obstructs or threatens or is likely to obstruct or threaten any part of the harbour | 500 |
| (b) Permit anything that obstructs or threatens or is likely to obstruct or threaten any part of the harbour | 500 | ||
| 2 | 3(b) | (a) Do anything that interferes with or is likely to interfere with an authorized activity in the harbour | 250 |
| (b) Permit anything that interferes with or is likely to interfere with an authorized activity in the harbour | 250 | ||
| 3 | 3(c) | (a) Do anything that diverts or is likely to divert the flow of a river or stream | 500 |
| (b) Permit anything that diverts or is likely to divert the flow of a river or stream | 500 | ||
| (c) Do anything that causes or affects or is likely to cause or affect currents | 500 | ||
| (d) Permit anything that causes or affects or is likely to cause or affect currents | 500 | ||
| (e) Do anything that causes or is likely to cause silting or the accumulation of material | 500 | ||
| (f) Permit anything that causes or is likely to cause silting or the accumulation of material | 500 | ||
| (g) Do anything that reduces or is likely to reduce the depth of the waters in the harbour | 500 | ||
| (h) Permit anything that reduces or is likely to reduce the depth of the waters in the harbour | 500 | ||
| 4 | 3(d) | (a) Do anything that causes or is likely to cause a nuisance | 250 |
| (b) Permit anything that causes or is likely to cause a nuisance | 250 | ||
| 5 | 3(e) | (a) Do anything that causes or is likely to cause injury to persons | 500 |
| (b) Permit anything that causes or is likely to cause injury to persons | 500 | ||
| (c) Do anything that causes or is likely to cause damage to ships | 500 | ||
| (d) Permit anything that causes or is likely to cause damage to ships | 500 | ||
| 6 | 3(f) | (a) Do anything that adversely affects or is likely to adversely affect sediment or water quality | 500 |
| (b) Permit anything that adversely affects or is likely to adversely affect sediment or water quality | 500 | ||
| 7 | 4(1)(b) | (a) Fail to notify a harbour official of a specified incident without delay | 250 |
| (b) Fail to provide a description of what was dropped, deposited, discharged or spilled | 125 | ||
| (c) Fail to provide a description of the approximate location of what was dropped, deposited, discharged or spilled | 125 | ||
| (d) Fail to provide a description of the efforts made to remove what was dropped, deposited, discharged or spilled | 125 | ||
| 8 | 5 | Fail to follow specified fire protection and prevention measures | 500 |
| 9 | 8(a) | Fail to notify a harbour official without delay of a specified emergency situation | 500 |
| 10 | 9(a) | Fail to notify a harbour official without delay of an incident involving injury to persons or damage to ships | 500 |
| 11 | 14(1) | Fail to comply with the conditions that are posted or set out on forms for conducting a specified activity | 250 |
| 12 | 14(2) | Fail to keep the checklist readily available for inspection | 125 |
| 13 | 16(1)(a) | Conduct a specified activity without authorization | 250 |
| 14 | 16(1)(b) | Fail to comply with a condition of an authorization to conduct a specified activity | 250 |
Coming into Force
5 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
In order to allow the enforcement of offences contained in the Canada Marine Act, the Port Authorities Operations Regulations, the Public Ports and Public Port Facilities Regulations, the Seaway Property Regulations and the Natural and Man-made Harbour Navigation and Use Regulations through the ticketing procedure established under the Contraventions Act, the offences must be included in the Contraventions Regulations. This Act, and these regulations made under it set requirements around the movement and operation of marine vessels to ensure predictability and efficiency, and to protect the safety of people, property and the environment at certain ports, harbours and other properties managed by the Canada Port Authorities, Transport Canada, the St. Lawrence Seaway Management Corporation or the Department of National Defence.
The ticketing procedure established under the Contraventions Act, known as the Contraventions Regime, provides a way to enforce minor offences without having to appear in court. It is therefore more reasonable and efficient to use the Contraventions Regime.
Background
Enacted in 1992, the Contraventions 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. 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 under section 8 of the Contraventions Act, the Contraventions Regulations identify which federal offences are designated as contraventions, provide a short-form description and prescribe the amount of the fine for each of these contraventions. The short-form description is reproduced on the ticket given to the offender.
Enforcement of certain provisions of regulations made under the Canada Marine Act is already done through the Contraventions Regime. Schedule I to the Contraventions Regulations identifies 64 offences contained in the Seaway Property Regulations and the Port Authorities Operations Regulations and provides a short-form description as well as the amount of the fine for each offence.
Objective
These amendments to the Contraventions Regulations are made in order to expand the list of offences contained in the Canada Marine Act and the regulations made under that Act which could be prosecuted by means of a contraventions ticket, and to standardize the options available to enforcement officers by providing them the same enforcement tools, regardless of whether operating under the jurisdiction of a port authority, a natural or man-made harbour, or a public port. Enforcement of these offences via the ticketing procedure established by the Contraventions Act will ensure compliance with regulated safety and operational matters concerning the use of public ports, ports operated by the Canada Port Authorities and the St. Lawrence Seaway.
Description
The amendments to the Contraventions Regulations designate, as contraventions, approximately 70 offences contained in the
- Canada Marine Act
- Port Authorities Operations Regulations
- Public Ports and Public Port Facilities Regulations
- Seaway Property Regulations
- Natural and Man-made Harbour Navigation and Use Regulations
The offences designated as contraventions are added to Schedule I to the Contraventions Regulations. The fine amounts for these new contraventions range between $125 and $500.
The following are examples of offences that have now been designated as contraventions, along with their short-form description and set fine amount:
- Canada Marine Act
- Paragraph 59(1)(b): Fail to do what a person designated by a port authority requires to control traffic; $500
- Port Authorities Operating Regulations
- Subsection 26(2): Fail to keep the checklist readily available for inspection; $125
- Public Ports and Public Port Facilities Regulations
- Subsection 17(2): Remove, mark or deface a sign or device within a public port or at a public port facility; $125
- Seaway Property Regulations
- Section 17: Fail to follow specified fire protection and prevention measures; $500
- Natural and Man-made Harbour Navigation and Use Regulations
- Paragraph 8(a): Fail to notify a harbour official without delay of a specified emergency situation; $500
Regulatory development
Consultation
Transport Canada assembled a Canada Marine Act Compliance Program (CMACP) advisory panel to provide feedback, assist in the development of the CMACP and support the implementation of the program deliverables. The panel consists of a representative from each of the following organizations: (i) Halifax Port Authority; (ii) St. John’s Port Authority; (iii) Windsor Port Authority; (iv) Montreal Port Authority; (v) Vancouver Port Authority; (vi) Association of Port Authorities; (vii) Canadian Forces; and (viii) St. Lawrence Seaway Management Corporation.
The panel was surveyed on specifics of enforcement-related activities across Canada and results indicated that the Canada Marine Act and its regulations needed additional tools for effective enforcement. The panel has been consulted extensively on the designation of offences as contraventions and supports the proposed amendments.
Panel members have also shared the list of proposed contraventions with marine transport users (e.g. vessel operators, Canadian Port Authorities, Seaway Authorities) to elicit additional feedback. There were no substantial changes to the list of proposed contraventions required following this engagement.
Transport Canada has also participated in the Association of Canadian Port Authorities regular subcommittee meetings on enforcement where requests for increased enforcement options have continuously been made. Committee members included representatives from each of the Canadian Port Authorities, the Saint Lawrence Seaway, Transport Canada and the Department of National Defence.
A summary of the proposal was posted online through Transport Canada’s online consultation portal “Let’s Talk Transportation.” A sample of 47 proposed contraventions, each including a proposed fine amount, was included in the consultation. The online consultation lasted 30 days, from March 18 to April 14, 2021. Feedback received from stakeholders indicated strong support for these amendments. The provisions identified by participants as appropriate contraventions strongly correspond with those included in these amendments. Transport Canada noted some potential challenges raised in relation to the implementation of the ticketing regime and the consequences they could have on relations with users, which it will continue to monitor.
These amendments to the Contraventions Regulations do not create new offences nor do they impose any new restrictions or burdens. They designate existing offences as contraventions in order to allow enforcement officers to use the Contraventions Act ticketing regime as an enforcement tool. As a result, these amendments were not prepublished in the Canada Gazette, Part I.
Modern treaty obligations and Indigenous engagement and consultation
An initial assessment of modern treaties was undertaken. The assessment did not identify any modern treaty implications or obligations.
Instrument choice
In order to have these offences enforced through the Contraventions Regime and to allow enforcement officers to issue contraventions tickets for these offences, they must be designated as contraventions and included in the Contraventions Regulations. Therefore, no non-regulatory options were considered.
The Contraventions Regulations have been amended multiple times in order to designate new contraventions and to reflect amendments made to acts and regulations creating the offences.
Regulatory analysis
Benefits and costs
The designation of offences as contraventions provides enforcement officers with an appropriate and efficient enforcement tool to enforce the provisions of the Canada Marine Act and its regulations. Prior to this, enforcement officers could only enforce these offences by issuing a warning or proceed under the summary conviction procedure of the Criminal Code.
Simple warnings may not always be considered as an effective tool that deters non-compliance, and the Criminal Code summary conviction procedure to enforce minor offences may be seen as disproportionate to the nature of the offence. The Contraventions Regime will allow enforcement officers to use a more graduated approach to enforcement that reflects the severity of each infraction.
While there are no data from which one can draw a comparison, there is consensus among all key players (federal institutions, enforcement authorities, the courts and the public) that prosecutions by way of ticketing results in savings to the entire justice system, as it provides the offenders, law enforcement, and courts with a quick and convenient process for handling offences. Ticketing, to a large extent, is intended to divert designated offences from the courts, resulting in savings for the government in terms of prosecutions costs, and enabling the courts to focus on matters that require judicial consideration. Ticketing also frees up a great amount of enforcement officers’ time. Less time in the office preparing for court means more time dedicated for monitoring and control efforts. Furthermore, offenders will be subject to a process that is more appropriate and proportionate to the nature of the offence. The offender can pay the fine and avoid the burden of having to appear in court or, should they choose to plead not guilty, the ticket can be contested in court.
Costs incurred by the provinces in the administration of federal contraventions are deducted from the revenues generated by the payment of fines, making the Contraventions Regime cost neutral. The surplus fine revenues are shared equally between the federal and provincial governments. The agreements signed with the provinces include clauses to that effect.
Generally, issuing contraventions tickets is more costly than relying on warnings or simply not enforcing the offences. However, those are not meaningful alternatives to the Contraventions Regime. The Contraventions Act provides enforcement officers with a quick and convenient process to lay charges by means of tickets. As a court appearance is not required where the accused voluntarily pays the set fine, the result is savings in terms of prosecutions costs and time spent by enforcement officers preparing for court. The actual payment of fines is not considered a cost since individuals whose activities are contrary to prevailing laws and regulations do not have standing (i.e. whether the costs should count) in this context.
Training on the Contraventions Regime is provided by the Department of Justice in collaboration with client departments, provincial court services counterparts and the Public Prosecution Service of Canada at the request of client departments on a need basis. The costs associated with this training are integral to ongoing activities and are generally not dependent on any one specific amendment to the Contraventions Regulations.
Small business lens
Analysis under the small business lens concluded that the proposal will not impact Canadian small businesses.
One-for-one rule
The one-for-one rule does not apply to this initiative, as there is no incremental change in administrative burden on business.
Regulatory cooperation and alignment
These amendments are not related to a work plan or commitment under a formal regulatory cooperation forum.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus (GBA+)
No differential impacts are expected on the basis of gender or other identity factors as these amendments do not create new requirements or burdens on individuals; they merely designate existing offences as contraventions.
It is important to note that the purpose of the Contraventions Act is to ensure that the enforcement of offences designated as contraventions will be less onerous on the offender and more proportionate and appropriate to the seriousness of the offence when compared to the procedure set out in the Criminal Code.
Rationale
The amendments to the Contraventions Regulations enable the reasonable enforcement of the Canada Marine Act and its regulations while ensuring consistency of enforcement with similar types of offences.
Implementation, compliance and enforcement, and service standards
Implementation
These Regulations will come into force on the day on which they are registered.
Compliance and enforcement
The amendments to the Contraventions Regulations give enforcement officers an appropriate enforcement measure, allowing them to fulfill their mandate effectively and promote legislative and regulatory compliance.
Contact
Ghady Haykal-Thomas
Legal Counsel
Programs Branch Legal Services Division
Policy Sector
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8