Regulations Amending the Contraventions Regulations (Quebec Fishery Regulations, 1990): SOR/2024-242
Canada Gazette, Part II, Volume 158, Number 26
Registration
SOR/2024-242 November 29, 2024
CONTRAVENTIONS ACT
P.C. 2024-1268 November 29, 2024
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, makes the annexed Regulations Amending the Contraventions Regulations (Quebec Fishery Regulations, 1990) under section 8footnote a of the Contraventions Act footnote b.
Regulations Amending the Contraventions Regulations (Quebec Fishery Regulations, 1990)
Amendment
1 Schedule II.1 to the Contraventions Regulations footnote 1 is amended by adding the following after Part VII:
PART VIII
| Item | Column I Provision of the Quebec Fishery Regulations, 1990 |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 5(1) | Fishing without a licence or contrary to the conditions of a licence | 250 |
| 2 | 5(5) | Failing to return an Atlantic salmon or to release it in the least harmful manner | 400 |
| 3 | 5.1 | Fishing on an ecological reserve | 350 |
| 4 | 5.2 | Possessing fish caught in contravention of the Regulations | 300 |
| 5 | 6 | Fishing in the Betsiamites River | 300 |
| 6 | 7(1) | Fishing for prohibited species in specified areas | 300 |
| 7 | 8 | Fishing in such a manner as to pierce or hook a fish other than in its mouth | 500 |
| 8 | 9 | Engaging in fishing, other than angling, less than 500 m downstream from the mouth of a salmon river | 400 |
| 9 | 10(a) | Adjusting or attempting to adjust the flow of a dam to fish or to facilitate fishing | 500 |
| 10 | 10(b) | Depositing or installing any material to divert, slow or halt fish movement to fish or facilitate fishing | 500 |
| 11 | 11 | Possessing prohibited fishing gear | 500 |
| 12 | 12 | Possessing fishing gear within 100 m of water where the use of that gear is prohibited | 200 |
| 13 | 13(1) | Failing to affix a tag to a fish in the manner set out in a licence | 300 |
| 14 | 13(2) | Failing to affix a valid tag to an Atlantic salmon in the sequence indicated on a licence | 300 |
| 15 | 13(3) | Failing to affix a valid tag to the Atlantic salmon that they hooked | 300 |
| 16 | 13(5) | Possessing a fish that is not tagged in accordance with the Regulations | 500 |
| 17 | 13(6) | Possessing an Atlantic salmon or a sturgeon from outside the Province that is not appropriately tagged | 500 |
| 18 | 13(7) | Removing a tag that is affixed to a fish | 300 |
| 19 | 15(1) | Using or possessing bait fish in specified waters or within 100 m from those waters | 500 |
| 20 | 15.1 | Using a prohibited species of fish for bait | 500 |
| 21 | 16 | Failing to return a specified fish or to release it in the least harmful manner | 300 |
| 22 | 16.1 | Failure to release a fish in the least harmful manner | 300 |
| 23 | 17 | Letting a fish that is suitable for human consumption spoil | 300 |
| 24 | 18(1) | Shipping out of the Province a fish whose sale is prohibited | 250 |
| 25 | 22(1) | Failing to have the required documents in their possession or to produce them on request | 250 |
| 26 | 22(2) | Failing to produce documents within seven days after the date of the request | 250 |
| 27 | 24(1) | Buying or having one or more licences in the specified circumstances | 400 |
| 28 | 27 | Fishing for or catching and retaining a specified species of fish in specified waters using prohibited gear or method during the specified time | 300 |
| 29 | 27.1 | Engaging in sport fishing, other than angling, in the waters of specified Areas | 300 |
| 30 | 28 | Engaging in sport fishing, other than angling, for a specified species of fish | 500 |
| 31 | 29(1) | Fishing for bait fish with more than one lift net or more than three bait traps | 200 |
| 32 | 29(2) | Using more than one lift net or more than three bait traps at a time | 200 |
| 33 | 29(3) | Using an unidentified bait trap without supervision | 100 |
| 34 | 30(1) | Angling using more lines than specified, an unattended line or a prohibited line | 200 plus 50 per additional line |
| 35 | 30(3) | Engaging in angling and in fly fishing simultaneously | 200 |
| 36 | 31(1) | Fishing other than by fly fishing in a specified salmon river or in waters reserved for fly fishing | 400 |
| 37 | 31(2) | Fishing with a prohibited artificial fly | 300 |
| 38 | 31(3) | Fly fishing in a salmon river using more artificial flies than permitted | 200 plus 50 per additional fly |
| 39 | 31(4) | Fly fishing in waters reserved for fly fishing using more than two artificial flies | 200 plus 50 per additional fly |
| 40 | 32 | Using prohibited gear to land a fish | 500 |
| 41 | 33(1) | Sport fishing from a prohibited location | 200 |
| 42 | 33(2) | Sport fishing in the specified waters from a boat or any other floating apparatus | 100 |
| 43 | 34 | Fishing in a salmon river during close time | 500 |
| 44 | 35(1) | Catching and retaining more fish than the daily quota | 200 plus 50 per additional fish |
| 45 | 35(2)(a) | Catching and retaining more Atlantic salmon than the daily quota | 400 plus 200 per additional fish |
| 46 | 35(2)(b) | Catching and releasing more Atlantic salmon than the daily quota | 200 plus 200 per additional fish |
| 47 | 36 | Catching and retaining more Atlantic salmon than the yearly quota, according to their size | 400 plus 200 per additional fish |
| 48 | 37(1) | Continuing to fish for a species of fish after having met the daily quota | 200 |
| 49 | 37(2) | Continuing to fish in a salmon river after having met the daily quota | 400 |
| 50 | 38 | Possessing fish that is prepared such that it is hard to identify, count or measure | 200 |
| 51 | 38.2 | Possessing a specified species of fish taken from specified waters during the specified close time | 200 |
| 52 | 39 | Possessing more fish than the daily quota | 200 plus 50 per additional fish |
| 53 | 40 | Catching and retaining or possessing fish of a prohibited size | 250 |
| 54 | 41(1) | Failing to register an Atlantic salmon within the specified time or immediately at the request of a fishery officer | 200 |
| 55 | 41(2) | Failing to register an Atlantic salmon at the registration station in the specified manner | 200 |
| 56 | 41(3) | Failing to register an Atlantic salmon using available self-registration or remote registration procedure | 200 |
| 57 | 41(4) | Failing to register an Atlantic salmon using a remote registration procedure specified by the Minister | 200 |
| 58 | 42 | Failing to affix a valid tag on a night line and to ensure night line rests continuously on the bottom of the water | 150 |
| 59 | 47 | Engaging in commercial fishing contrary to the conditions of a commercial fishing licence | 500 |
| 60 | 48 | Catching and retaining fish contrary to the conditions of a commercial fishing licence | 400 |
| 61 | 49(1) | Using a fishing vessel or fishing gear without a valid identification plate affixed to the vessel or gear in the specified manner indicated in the licence | 200 |
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
To allow the enforcement of offences in the Quebec Fishery Regulations, 1990 (QFR) through the ticketing procedure established under the Contraventions Act, the offences must be included in the Contraventions Regulations (CR).
Background
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, known as the Contraventions Regime, 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 CR identify the federal offences designated as contraventions, provide a short-form description of these offences 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. The CR are amended when a federal department proposes to designate a given regulatory offence under its jurisdiction as a “contravention” or when amendments to existing short-form descriptions or fine amounts are required.
The 2017 Evaluation of the Contraventions Act Program found the inherent value in a ticketing regime because it bridges the gap between non-binding warnings and the summary conviction procedure. The summary conviction procedure is inadequate in many scenarios involving relatively minor federal offences, as it involves steps, costs and consequences that may be disproportionate to the nature of these offences. Enforcement officers interviewed as part of the evaluation reported that, in the absence of a ticketing regime, they would routinely elect not to enforce many offences or turn to warnings.
Enforcement of certain provisions of the Fisheries Act and seven regulations made under it is already done through the Contraventions Regime. Schedule II.1 to the CR identifies offences contained in the Maritime Provinces Fishery Regulations, the Ontario Fishery Regulations, 2007, the Fishery (General) Regulations, the Atlantic Fishery Regulations, 1985, the Pacific Fishery Regulations, 1993, the Newfoundland and Labrador Fishery Regulations and the British Columbia Sport Fishing Regulations and provides a short-form description as well as the amount of the fine for each offence.
Like the other regulations made under the Fisheries Act, the QFR aim to conserve and protect fish and fish habitat while providing for rules concerning the management and control of fisheries.
Objective
The amendments to the CR are made to designate certain provisions of the QFR as contraventions, providing enforcement officers with an appropriate enforcement tool to promote compliance with the regulated fishery matters such as protection of fish and fish habitat.
Description
The amendments made to the CR designate as contraventions 61 offences contained in the QFR.
The offences designated as contraventions are added in Part VIII to Schedule II.1 to the CR. The fine amounts for these new contraventions range between $100 and $500.
Below are examples of offences that are now designated as contraventions, along with their short-form description and fine amount:
- Section 5.1: Fishing on an ecological reserve — $350
- Section 15.1: Using a prohibited species of fish for bait — $500
- Subsection 35(1): Catching and retaining more fish than the daily quota — $200 plus $50 per additional fish
Regulatory development
Consultation
In May 2019, the ministère des Forêts, de la Faune et des Parcs (MFFP) engaged with key partners from wildlife groups on the proposal to designate as federal contraventions offences found in the QFR, including the Fédération québécoise des chasseurs et pêcheurs (FédéCP), the Fédération québécoise des gestionnaires de zecs, the Société des établissements de plein air du Québec (SÉPAQ) and the Fédération québécoise pour le saumon atlantique. These partners were generally supportive of the approach.
The Fédération québécoise des gestionnaires de zecs and the FédéCP provided comments regarding section 12 of the QFR which relates to the possession of fishing gear within 100 m of any water where the use of that gear is prohibited under the QFR. Given the level of difficulty in applying this section in certain cases, they suggested a much lower fine. The FédéCP also provided various comments and asked questions regarding other sections found in the QFR. After consideration, it was determined these comments could not be implemented into the proposal due to conservation concerns, and stakeholders were notified accordingly.
In addition, a survey was posted in July 2019 on the MFFP website to consult the public on the proposed initiative. Examples of fines and short-form descriptions were provided. The survey was publicized on various platforms, including through the MFFP website and social media platforms. A very large majority of respondents (88%) supported the designation of offences found in the QFR as contraventions. Similarly, a majority of respondents indicated support for the proposed fines, including that in certain instances the fine would be adjustable according to the species or number of fish affected by a particular offence.
Since the original consultations, the ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs has maintained the dialogue with key partners, which retained the ability to comment on the amendments; no further comments were received. In March 2024, the Ministère reiterated the importance of having the Contraventions Regime as an enforcement tool for fishery guardians in the province.
These amendments to the CR do not create new offences nor do they impose any new restrictions or burdens. They designate existing offences as contraventions to allow enforcement officers to use the Contraventions Regime as an enforcement tool. As such, these amendments were not prepublished in the Canada Gazette, Part I.
Modern treaty obligations and Indigenous engagement and consultation
An initial assessment examined the geographical scope and subject matter of the initiative in relation to modern treaties in effect and did not identify any potential modern treaty impacts.
On November 28, 2019, the Hunting, Fishing and Trapping Coordinating Committee (HFTCC), an expert body composed of Cree, Inuit and Naskapi members and members appointed by the Quebec Government and the Government of Canada which has the responsibility to review, manage, and in certain cases, supervise and regulate the Hunting, Fishing and Trapping Regime, held a meeting to discuss several items including the proposal to designate as contraventions offences contained in the QFR. Analysts from the MFFP and Fisheries and Oceans Canada were present via telephone to describe the proposed initiative and answer any questions that were raised. The HFTCC adopted a unanimous resolution supporting the proposed contravention proposal.
At the end of December 2019, a letter outlining the proposed regulatory amendments was sent to the Indigenous communities that are not represented by the HFTCC. Responding communities either indicated support for the proposal or did not express opposition. Several responses noted that this proposal does not change anything to their ancestral rights and the territories where they practise these rights.
Instrument choice
In order to have QFR offences enforced through the Contraventions Regime and to allow enforcement officers to issue tickets, offences must first be designated as contraventions and included in the CR. Therefore, no non-regulatory options were considered.
Regulatory analysis
Benefits and costs
The costs and benefits for this regulatory proposal have been assessed in accordance with the Treasury Board Secretariat’s Policy on Cost-Benefit Analysis by comparing the baseline against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the Regulations. The regulatory scenario provides information on the intended outcomes of the Regulations.
To note, the costs related to the administration of the Contraventions Regime, as well as the revenues generated through the payment of fines, are not considered costs nor benefits within the scope of the regulatory analysis since they occur only in instances of non-compliance with the law.
Baseline and regulatory scenarios
For the purposes of this analysis, the baseline scenario is one where offences under the QFR are not designated as contraventions. As such, fishery guardians either elect not to enforce many provisions of the QFR or opt to enforce those provisions through (i) warnings, which can prove ineffective as they have no legal strength, or (ii) one of the Criminal Code summary or indictment procedures, which requires complex steps, higher costs and consequences that may be disproportionate to the nature of the offence.
In the regulatory scenario, Part VIII to Schedule II.1 is added to the CR, designating as contraventions certain existing offences under the QFR allowing enforcement officers, including fishery guardians, to commence the prosecution of a contravention by means of a ticket which includes the imposition of a fine. In doing so, they would bring regulated parties into compliance with a flexible and agile tool that addresses non-compliance in a proportionate way while diverting the treatment of these offences outside of the courts and the justice system.
Benefits
The CR will provide fishery guardians in the province of Quebec with an additional enforcement option to respond to and deter non-compliance. Tickets under the Contraventions Regime, in contrast to the existing prosecution options, are recognized as a less resource-intensive and more agile option to address non-compliance. As such, the Contraventions Regime could reduce costs to government and lead to greater efficiency in enforcing provisions under the QFR thereby increasing fish conservation and habitat protection. Fishery guardians that are able to resort to the Contraventions Regime will be properly equipped to enforce minor offences under the QFR and effectively deter non-compliant behaviour.
Costs
The costs, which represent the fines, are directly related to non-compliance with the federal offences under the QFR and are therefore not considered costs for the purposes of the cost-benefit analysis.
Nominal implementation costs result from the labour necessary to update electronic court systems with new information in Quebec. Other costs may include processing costs for federal contraventions tickets, collecting revenues generated by voluntary payments of fines, managing unpaid fines, and scheduling disputed ticket trials. Costs incurred by Quebec in the administration of federal contraventions tickets are deducted from the revenues generated by the payment of fines, making management of the Contraventions Regime on behalf of the federal government cost neutral.
Small business lens
Analysis under the small business lens concluded that the regulatory amendments will not impose administrative or compliance burden on Canadian small businesses. Contraventions are not considered to be an administrative or a compliance burden for the purpose of the small business lens.
One-for-one rule
The one-for-one rule does not apply, as there is no incremental change in administrative burden on businesses and no regulatory titles are repealed or introduced. Contraventions are not considered to be administrative burden for the purpose of the one-for-one rule.
Regulatory cooperation and alignment
These amendments are not related to a work plan or commitment under a formal regulatory cooperation forum.
Effects on the environment
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.
The amendments do not have important positive or negative environmental effects, as the offences in question already exist under the QFR. The proposal allows the use of an enforcement measure for those offences.
Gender-based analysis plus
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.
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.
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 CR give enforcement officers an appropriate enforcement measure, allowing them to fulfil their mandate effectively and promote regulatory compliance.
Contact
Evelyne Borkowski-Parent
Legal Counsel
Programs Branch Legal Services Division
Policy Sector
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Email: pblsd@justice.gc.ca