Vol. 150, No. 14 — July 13, 2016

Registration

SOR/2016-200 June 22, 2016

CONTRAVENTIONS ACT

Regulations Amending the Contraventions Regulations

P.C. 2016-627 June 21, 2016

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 8 (see footnote a) of the Contraventions Act (see footnote b), makes the annexed Regulations Amending the Contraventions Regulations.

Regulations Amending the Contraventions Regulations

Amendments

1 Parts I and II of Schedule I to the Contraventions Regulations (see footnote 1) are repealed.

2 The portion of item 2 of Part III of Schedule I to the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Description abrégée
2	a) Faire quoi que ce soit qui gêne ou qui est susceptible de gêner la navigation b) Permettre de faire quoi que ce soit qui gêne ou qui est susceptible de gêner la navigation

3 The portion of item 3 of Part III of Schedule I to the Regulations in column II is replaced by the following:

Item	Column II Short-Form Description
3	(a) Do anything that obstructs or adversely affects or is likely to obstruct or adversely affect part of the Seaway or Seaway property (b) Permit anything that obstructs or adversely affects or is likely to obstruct or adversely affect part of the Seaway or Seaway property

4 The portion of item 4 of Part III of Schedule I to the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Description abrégée
4	a) Faire quoi que ce soit qui gêne ou qui est susceptible de gêner une activité autorisée b) Permettre de faire quoi que ce soit qui gêne ou qui est susceptible de gêner une activité autorisée

5 The portion of item 8 of Part III of Schedule I to the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Description abrégée
8	a) Faire quoi que ce soit qui a ou qui est susceptible d’avoir un effet néfaste sur des sédiments, du sol, de l’air ou de l’eau b) Permettre de faire quoi que ce soit qui a ou qui est susceptible d’avoir un effet néfaste sur des sédiments, du sol, de l’air ou de l’eau

6 Items 18 and 19 of Part III of Schedule I to the Regulations are repealed.

7 Items 22 and 23 of Part III of Schedule I to the Regulations are repealed.

8 The portion of items 50 and 51 of Part III of Schedule I to the Regulations in column II is replaced by the following:

Item	Column II Short-Form Description
50	Conduct a race, regatta, festival or other organized event without a written authorization
51	Fail to comply with a condition of a written authorization to conduct a race, regatta, festival or other organized event

9 The portion of items 54 and 55 of Part III of Schedule I to the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Description abrégée
54	Installer des plaques, affiches, panneaux ou dispositifs sans autorisation écrite
55	Ne pas respecter une condition de l’autorisation écrite permettant d’installer des plaques, affiches, panneaux ou dispositifs

10 The portion of item 56 and 57 of Part III of Schedule I to the Regulations in column II is replaced by the following:

Item	Column II Short-Form Description
56	Operate a commercial enterprise without written authorization
57	Fail to comply with a condition of a written authorization to operate a commercial enterprise

11 Items 58 to 61 of Part III of Schedule I to the Regulations are repealed.

12 Part I of Schedule I.01 to the Regulations is repealed.

13 The heading of Part I.02 of Schedule I.01 to the Regulations is replaced by the following:

National Parks of Canada Aircraft Access Regulations

14 The heading of column I of Part I.02 of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Aircraft Access Regulations”.

15 The heading of Part I.1 of Schedule I.01 to the Regulations is replaced by the following:

National Parks of Canada Camping Regulations

16 The heading of column I of Part I.1 of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Camping Regulations”.

17 The heading of Part II of Schedule I.01 to the Regulations is replaced by the following:

National Parks of Canada Domestic Animals Regulations

18 The heading of column I of Part II of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Domestic Animals Regulations”.

19 Paragraph 2(c) of Part II of Schedule I.01 to the Regulations is repealed.

20 (1) The portion of item 6 of Part II of Schedule I.01 to the Regulations in column I is replaced by the following:

Item	Column I Provision of National Parks of Canada Domestic Animals Regulations
6	5

(2) The portion of item 6 of Part II of Schedule I.01 to the French version of the Regulations in column II is replaced by the following:

Article	Colonne II Description abrégée
6	Défaut de contenir un animal domestique par un moyen de retenue

21 The portion of item 7 of Part II of Schedule I.01 to the Regulations in column I is replaced by the following:

Item	Column I Provision of National Parks of Canada Domestic Animals Regulations
7	5(a)

22 The portion of item 8 of Part II of Schedule I.01 to the Regulations in columns I and II is replaced by the following:

Item	Column I	Column II
	Provision of National Parks of Canada Domestic Animals Regulations	Short-Form Description
8	6	Failure to pick up and remove fecal matter

23 The heading of Part III of Schedule I.01 to the Regulations is replaced by the following:

National Parks of Canada Fire Protection Regulations

24 The heading of column I of Part III of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Fire Protection Regulations”.

25 Items 1 and 2 of Part III of Schedule I.01 to the Regulations are replaced by the following:

Item	Column I	Column II	Column III
	Provision of National Parks of Canada Fire Protection Regulations	Short-Form Description	Fine ($)
1	3(2)(a)	Entering an area or highway referred to in a notice	100
2	3(2)(b)	Smoking in an area referred to in a notice	200
2.1	3(2)(c)	Starting or maintaining a fire in an area referred to in a notice	200

26 The portion of item 9 of Part III of Schedule I.01 to the Regulations in columns II and III is replaced by the following:

Item	Column II	Column III
	Short-Form Description	Fine ($)
9	Failure to immediately report unattended fire	100

27 Item 10 of Part III of Schedule I.01 to the Regulations is repealed.

28 The heading of Part IV of Schedule I.01 to the Regulations is replaced by the following:

National Parks of Canada Fishing Regulations

29 The heading of column I of Part IV of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Fishing Regulations”.

30 The heading of Part V of Schedule I.01 to the Regulations is replaced by the following:

National Parks of Canada Garbage Regulations

31 The heading of column I of Part V of Schedule I.01 to the Regulations is replaced by “Provision of National Parks of Canada Garbage Regulations”.

32 The portion of item 33 of Part II of Schedule I.1 to the Regulations in column II is replaced by the following:

Item	Column II
	Short-Form Description
33	(a) Remove or alter a compliance notice on a vessel (b) Remove or alter a builder’s plate on a personal watercraft

33 Item 4 of Part IV of Schedule I.1 to the Regulations is repealed.

34 The heading of column I of Schedule II to the French version of the Regulations is replaced by “Disposition du Règlement sur les canaux historiques”.

35 The portion of items 6 and 7 of Schedule II to the French version of the Regulations in column II is replaced by the following:

Article	Colonne II
	Description abrégée
6	Comportement compromettant la sécurité de quiconque
7	Faire un bruit exagéré entre 23 h et 6 h

36 The portion of items 28 and 29 of Schedule II to the Regulations in column II is replaced by the following:

Item	Column II
	Short-Form Description
28	Camping outside campground
29	Camping at a campground other than in accordance with a permit

37 The portion of item 53 of Schedule II to the Regulations in column I is replaced by the following:

Item	Column I
	Provision of Historic Canals Regulations
53	35(3)

38 Item 77 of Schedule II to the Regulations is repealed.

39 Item 53 of Part II of Schedule III.01 to the Regulations is repealed.

40 Item 65 of Part II of Schedule III.01 to the Regulations is repealed.

41 The portion of item 6 of Part II of Schedule IX to the Regulations in column II is replaced by the following:

Item	Column II
	Short-Form Description
6	Indicate that prescribed equipment has been certified when it has not been certified

42 Schedule XII to the Regulations is repealed.

43 The heading of Schedule XIII to the Regulations is replaced by the following:

Navigation Protection Act

44 The heading of column I of Schedule XIII to the Regulations is replaced by “Provision of Navigation Protection Act”.

45 The portion of item 1 of Schedule XIII to the French version of the Regulations in column II is replaced by the following:

Article	Colonne II
	Description abrégée
1	a) Défaut de la part du propriétaire du bâtiment de le déplacer à l’endroit indiqué par le ministre b) Défaut de la part du propriétaire-exploitant du bâtiment de le déplacer à l’endroit indiqué par le ministre c) Défaut de la part du capitaine du bâtiment de le déplacer à l’endroit indiqué par le ministre d) Défaut de la part du responsable du bâtiment de le déplacer à l’endroit indiqué par le ministre

46 The portion of item 1 of Schedule XIV to the Regulations in column I is replaced by the following:

Item	Column I
	Provision of Tobacco Act
1	6(1)

47 The portion of items 1 and 2 of Schedule XV to the Regulations in column II is replaced by the following:

Item	Column II
	Short-Form Description
1	(a) Import dangerous goods without complying with all prescribed safety and security requirements (b) Offer for transport dangerous goods without complying with all prescribed safety and security requirements (c) Handle dangerous goods without complying with all prescribed safety and security requirements (d) Transport dangerous goods without complying with all prescribed safety and security requirements
2	(a) Import dangerous goods that are not accompanied by the documents required under the regulations (b) Offer for transport dangerous goods that are not accompanied by the documents required under the regulations (c) Handle dangerous goods that are not accompanied by the documents required under the regulations (d) Transport dangerous goods that are not accompanied by the documents required under the regulations

48 The portion of item 3 of Schedule XV to the Regulations in columns I and II is replaced by the following:

Item	Column I	Column II
	Provision of Transportation of Dangerous Goods Act, 1992	Short-Form Description
3	5(d)	(a) Import dangerous goods in a means of containment or by a means of transport that does not comply with all prescribed safety standards or does not display all prescribed safety marks (b) Offer for transport dangerous goods in a means of containment or by a means of transport that does not comply with all prescribed safety standards or does not display all prescribed safety marks (c) Handle dangerous goods in a means of containment or by a means of transport that does not comply with all prescribed safety standards or does not display all prescribed safety marks (d) Transport dangerous goods in a means of containment or by a means of transport that does not comply with all prescribed safety standards or does not display all prescribed safety marks

49 The portion of items 5 and 6 of Schedule XV to the Regulations in column II is replaced by the following:

Item	Column II
	Short-Form Description
5	(a) Sell a standardized means of containment that does not display all applicable safety marks in accordance with the regulations (b) Offer for sale a standardized means of containment that does not display all applicable safety marks in accordance with the regulations (c) Deliver a standardized means of containment that does not display all applicable safety marks in accordance with the regulations (d) Distribute a standardized means of containment that does not display all applicable safety marks in accordance with the regulations (e) Import a standardized means of containment that does not display all applicable safety marks in accordance with the regulations (f) Use a standardized means of containment that does not display all applicable safety marks in accordance with the regulations
6	Fail to report to a prescribed person an actual or anticipated release of dangerous goods

50 The portion of item 7 of Schedule XV to the French version of the Regulations in column II is replaced by the following:

Article	Colonne II
	Description abrégée
7	Ne pas prendre de mesures d’urgence raisonnables pour atténuer ou prévenir les risques d’atteinte à la sécurité publique résultant ou pouvant résulter d’un tout rejet réel ou appréhendé provenant de contenants de marchandises dangereuses

51 Column II of of Part II of Schedule III.01 to the Regulations is amended by replacing “migratory game bird” and “migratory game birds” with “migratory bird” and “migratory birds”, respectively, in the following provisions:

• (a) item 17;
• (b) item 20;
• (c) item 21;
• (d) item 25;
• (e) item 30;
• (f) item 31;
• (g) item 32;
• (h) item 33;
• (i) item 34;
• (j) item 36;
• (k) item 37;
• (l) item 38;
• (m) item 39;
• (n) item 40; and
• (o) item 41.

Coming into Force

52 These Regulations come into force on the 30th day after the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

A number of federal statutes and regulations that create offences designated as contraventions under the Contraventions Act (the Act) have been amended. To ensure legal consistency, these amendments should be reflected in the schedules to the Contraventions Regulations, which describe the offences designated as contraventions. The following types of amendments, exclusively technical, have prompted this initiative:

• — the acts and regulations that set out offences designated as contraventions have been repealed;
• — one or more sections of these acts or regulations have been repealed;
• — the title of these acts and regulations has been amended;
• — the numbering of some provisions cited in the schedules to the Contraventions Regulations has changed; and
• — some provisions in the substantive acts and regulations that set out offences designated as contraventions have been amended.

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 simplified procedure 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. This simplified procedure spares the offender from the legal ramifications of a Criminal Code conviction while saving money for the courts, the offender and the State.

Made under section 8 of the Act, the Contraventions Regulations identify the offences designated as contraventions, provide the short-form descriptions of these offences — reproduced by enforcement authorities on the ticket for the contravention — and prescribe the amount of the fine for each of these contraventions.

The amendments to the Contraventions Regulations are made within the broader context of an initiative undertaken by Justice Canada in order to update the Contraventions Regulations capturing technical amendments only.

Objectives

The technical amendments to the Contraventions Regulations are intended to reflect the current state of the law by ensuring internal consistency and preserving the integrity of the Federal Contraventions Regime.

Description

This initiative does not designate new offences as contraventions, nor does it change any of the fine amounts already set in the schedules to the Contraventions Regulations. The following is a summary of the technical amendments.

Statutes or regulations that set out offences designated as contraventions having been repealed, the resulting repeals involve the following:

• Schedule I, Canada Marine Act, Part I (Government Wharves Regulations) and Part II (Public Harbours Regulations);
• Schedule I.01, Canada National Parks Act, Part I (Canada National Parks Act); and
• Schedule XII, Motor Vehicle Transport Act, 1987, Commercial Vehicle Drivers Hours of Service Regulations, 1994.

One or more sections of acts and regulations that set out offences designated as contraventions having been repealed, the resulting amendments involve repeals in the following:

• Schedule I, Canada Marine Act, Part III (Seaway Property Regulations);
• Schedule I.01, Canada National Parks Act, Part II (National Parks of Canada Domestic Animals Regulations) and Part III (National Parks of Canada Fire Protection Regulations);
• Schedule I.1, Canada Shipping Act, 2001, Part IV (Competency of Operators of Pleasure Craft Regulations);
• Schedule II, Department of Transport Act, Historic Canals Regulations; and
• Schedule III.01, Migratory Birds Convention Act, 1994, Part II (Migratory Birds Regulations).

Titles of acts and regulations that set out offences designated as contraventions having been amended, the resulting amendments involve the headings of the following:

• Schedule I.01, Canada National Parks Act, Parts I.02, I.1, II, III, IV and V; and
• Schedule XIII, Navigable Waters Protection Act.

The numbering of some provisions of acts and regulations that set out offences designated as contraventions having been amended, the resulting amendments involve numbering contained in the following:

• Schedule I.01, Canada National Parks Act, Part II (National Parks of Canada Domestic Animals Regulations) and Part III (National Parks of Canada Fire Protection Regulations);
• Schedule II, Department of Transport Act, Historic Canals Regulations;
• Schedule XIV, Tobacco Act; and
• Schedule XV, Transportation of Dangerous Goods Act, 1992.

The wording of some provisions of acts and regulations that set out offences designated as contraventions having been amended, the resulting amendments involve wording contained in the following:

• Schedule I, Canada Marine Act, Part III (Seaway Property Regulations). For example, the French version of the short-form descriptions of items 2 and 4 of this Part was amended to replace the terms “entraver” and “nuire” by “gêner.”

Changes of the same nature have been made in the following schedules:

• Schedule I.01, Canada National Parks Act, Part II (National Parks of Canada Domestic Animals Regulations) and Part III (National Parks of Canada Fire Protection Regulations);
• Schedule I.1, Canada Shipping Act, 2001, Part II (Small Vessel Regulations);
• Schedule II, Department of Transport Act, Historic Canals Regulations;
• Schedule III.01, Migratory Birds Convention Act, 1994, Part II (Migratory Birds Regulations);
• Schedule IX, Radiocommunication Act, Part II (Radiocommunication Regulations);
• Schedule XIII, Navigable Waters Protection Act; and
• Schedule XV, Transportation of Dangerous Goods Act, 1992.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this initiative because there is no change in administrative costs to business.

Small business lens

The small business lens does not apply because this initiative has no cost implications for small business.

Consultation

Because the amendments to the schedules to the Contraventions Regulations are the result of amendments or repeals already made to substantive acts or regulations, no public consultations were conducted.

Rationale

These amendments provide better consistency between the Contraventions Regulations and the substantive acts or regulations to which they refer.

The amendments to the schedules to the Contraventions Regulations do not generate any new costs for Canadians: they repeal items which refer to provisions that no longer exist in the substantive acts or regulations, update the numbering of cited provisions as well as amend the wording of short-form descriptions following amendments made to substantive acts and regulations.

Implementation, enforcement and service standards

The federal departments and agency (Transport Canada; Environment and Climate Change Canada; Innovation, Science and Economic Development Canada; Health Canada; and Parks Canada) responsible for the substantive acts and regulations affected by this initiative to update the Contraventions Regulations have been informed.

Contact

Ghady Thomas
Counsel
Implementation of the Contraventions Regime
Innovations, Analysis and Integration Directorate
Policy Sector
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: 613-954-6716

• Footnote a
  S.C. 1996, c. 7, s. 4
• Footnote b
  S.C. 1992, c. 47
• Footnote 1
  SOR/96-313