Regulations Amending the Application of Provincial Laws Regulations: SOR/2024-115
Canada Gazette, Part II, Volume 158, Number 13
Registration
SOR/2024-115 May 31, 2024
CONTRAVENTIONS ACT
P.C. 2024-626 May 31, 2024
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, makes the annexed Regulations Amending the Application of Provincial Laws Regulations under subsection 65.1(1)footnote a of the Contraventions Act footnote b.
Regulations Amending the Application of Provincial Laws Regulations
Amendments
1 Section 4 of Part I of the schedule to the Application of Provincial Laws Regulations footnote 1 is replaced by the following:
4 The enactments made applicable by this Part shall be read as if sections 530 to 530.1 of the Criminal Code, with any modifications that the circumstances require, were contained in those enactments.
2 Part III of the schedule to the Regulations is amended by adding the following after section 3:
4 The enactments made applicable by this Part shall be read as if sections 530 to 530.1 of the Criminal Code, with any modifications that the circumstances require, were contained in those enactments.
3 Paragraph 1(1)(a) of Part IV of the schedule to the Regulations is replaced by the following:
- (a) for contraventions committed on or after the day on which The Provincial Offences Act of Manitoba, C.C.S.M. c. P160, comes into force, that Act and any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; and
4 Subsection 1(1) of Part V of the schedule to the Regulations is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
- (d) the Youth Justice Act of Prince Edward Island, R.S.P.E.I. 1988, c. Y-3, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province.
5 Paragraph 1(2)(f) of Part VII of the schedule to the Regulations is replaced by the following:
- (f) a reference to “minimum fine” or “minimum sentence” in the Regulation respecting the form of statements of offence, c. C-25.1, r. 1, shall be read as a reference to the fine established by the Governor in Council under paragraph 8(1)(c) of the Contraventions Act; and
6 Subsection 1(1) of Part VIII of the schedule to the Regulations is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
- (c) the Youth Justice Act of British Columbia, S.B.C. 2003, c. 85, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province.
7 The schedule to the Regulations is amended by replacing “530, 530.01 and paragraphs 530.1(a) to (h)” and “530 and 530.01 and paragraphs 530.1(a) to (h)” with “530 to 530.1” in the following provisions:
- (a) section 3 of Part II;
- (b) section 3 of Part IV;
- (c) section 3 of Part V;
- (d) section 4 of Part VI;
- (e) section 4 of Part VII;
- (f) section 3 of Part VIII;
- (g) section 4 of Part IX; and
- (h) section 4 of Part X.
Coming into Force
8 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 the Application of Provincial Laws Regulations (APLR) are needed to ensure that official language provisions in New Brunswick align with official language provisions in other jurisdictions where the Contraventions Regime is currently implemented. In administering the federal Contraventions Regime, provinces act on behalf of the federal government and thereby guarantee the language rights of offenders under the federal Official Languages Act and the Criminal Code.
Non-substantive, housekeeping amendments are also needed to ensure consistency between all Parts of the Schedule to the APLR and improve clarity as it relates to the Contraventions Regime as a whole. This includes amending outdated references to enactments and, where necessary, adding references to the provincial enactments incorporated by reference to clarify a procedure that was provided in some cases, but not clearly.
Background
The Contraventions Act (the Act) creates as an alternative to the summary conviction procedure in the Criminal Code, the federal Contraventions Regime for federal regulatory offences designated as contraventions. The Act ensures more effective application of federal statutes, spares the offender from the legal ramifications of a Criminal Code conviction (such as a criminal record) while reducing the workload of the courts by allowing the voluntary payment of fines.
Federal contraventions are prosecuted using provincial ticketing regimes. To this end, the APLR, adopted on August 1, 1996, identify and incorporate by reference provincial enactments (i.e. the laws of each province) that apply to the prosecution regime. The APLR provide for some equivalency of terminology between the terms used in the Act and the terms used in provincial statutes. The APLR also excludes the application of any provision of the provincial enactments that come in conflict with the principles set out in the Act. For example, any provision in provincial legislation that stipulates that an offender prosecuted by means of a ticket could also face a jail term as a penalty is excluded. Under section 42 of the Act, a person who is convicted in a proceeding commenced by means of a ticket is not liable to imprisonment. The incorporation by reference of provincial laws by way of federal regulations accommodates practical requirements of flexibility and efficiency and ensures useful bridging between federal and provincial legislation.
While the province of New Brunswick is the only constitutionally bilingual province, the rights guaranteed under its Official Languages Act (SNB 2002, c O-0.5), though substantially similar to the applicable federal official language rights guaranteed under the Criminal Code, are not in perfect alignment. The amendments are brought forward to ensure there are no theoretical gaps due to the way the respective provisions are drafted.
Objective
The purpose of these technical amendments is to ensure consistency between all Parts of the Schedule to the APLR and update outdated references to enactments that have been amended by provinces.
Description
To ensure clarity and promote consistency, the regulatory amendments modify the Schedule to the APLR as follows:
- incorporate sections 530 to 530.1 of the Criminal Code to rectify inconsistencies and clarify its application in New Brunswick, as it is otherwise applied across Canada;
- incorporate, where relevant, the respective provincial youth justice enactments as one of the provincial enactments that apply in respect of contraventions alleged to have been committed;
- add missing references for enactments listed in the Schedule to the APLR; and
- update references to standards and other documents incorporated by reference (where the change is non-substantive).
Regulatory development
Consultation
Given the technical and non-substantive nature of the amendments, a broader consultation was not undertaken.
Due to the extent of the impact related to incorporating sections 530 to 530.1 of the Criminal Code in Part III (New Brunswick) of the Schedule to the APLR, Justice Canada engaged counterparts in New Brunswick over a year ago in discussions. New Brunswick supported the amendment, which has no impact in practice given the province’s constitutionally bilingual status and current practices.
These regulations were not prepublished in the Canada Gazette, Part I, as the amendments are non-substantive, non-controversial, do not involve the spending of public funds and do not prejudicially affect the rights of persons.
Modern treaty obligations and Indigenous engagement and consultation
No impacts have been identified in respect of the Government’s obligations in relation to Indigenous rights protected by section 35 of the Constitution Act, 1982, or its modern treaty obligations.
Instrument choice
This package rectifies inconsistencies among different Parts of the Schedule to the APLR. As such, no other instrument is appropriate, and no non-regulatory options were considered.
Regulatory analysis
Benefits and costs
Benefits
These amendments ensure consistency across the country regarding the application of the official language regime provided under sections 530 to 530.1 of the Criminal Code, in particular to contraventions contested in the province of New Brunswick despite the province’s constitutionally bilingual status and current practices. This would also ensure that if New Brunswick amended its official language enactments, the federal official language rights of offenders would continue to be met.
The housekeeping amendments promote clarity and refer to the applicable provincial enactment ensuring that the Contraventions Regime is administered transparently across Canada.
Costs
There are no costs associated with the regulatory amendments.
Small business lens
Analysis under the small business lens concluded that the amendments will not impact Canadian small businesses.
One-for-one rule
The one-for-one rule does not apply, as there is no incremental change in the administrative burden on businesses and no regulatory titles are repealed or introduced.
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
No gender-based analysis plus (GBA+) impacts have been identified for these amendments.
Implementation, compliance and enforcement, and service standards
Implementation
These amendments will come into force on the day on which they are registered.
Compliance and enforcement
No new compliance and enforcement measures are required to support implementation of the amendments.
Contact
Olivia Gile
Legal Counsel
Programs Branch Legal Services Division
Policy Sector
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8