Regulations Amending the Contraventions Regulations: SOR/2021-81
Canada Gazette, Part II, Volume 155, Number 9
Registration
SOR/2021-81 April 19, 2021
CONTRAVENTIONS ACT
P.C. 2021-303 April 19, 2021
His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Justice, pursuant to section 8footnote a of the Contraventions Actfootnote b, makes the annexed Regulations Amending the Contraventions Regulations.
Regulations Amending the Contraventions Regulations
Amendments
1 Schedule II.1 to the Contraventions Regulationsfootnote 1 is amended by adding the following before Part I:
PART 0.1
| Item | Column I Provision of the Fisheries Act |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 43.4(1) | Failing to comply with any terms and conditions of a specified permission or a specified lease or licence | 750 |
2 Schedule II.1 to the Regulations is amended by adding the following after Part II:
PART III
| Item | Column I Provision of the Newfoundland and Labrador Fishery Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 8 | Leaving fishing gear unattended for more than three consecutive days | 500 |
| 2 | 10(1) | Fishing for, catching or killing fish in inland waters, or attempting to do so, other than by angling | 200 |
| 3 | 10(2) | Jigging, netting, sweeping, raking or wilfully foul hooking fish in inland waters, or attempting to do so or failing to release specified fish | 500 |
| 4 | 10(4) | Selling, or using for a commercial purpose, specified fish | 500 |
| 5 | 10(5)(a) | Setting a net or nets exceeding 46 m in length in inland waters | 200 |
| 6 | 10(5)(b) | Setting a net in inland waters other than a specified net | 200 |
| 7 | 12 | Possessing a net or trawl near inland waters without a licence | 500 |
| 8 | 13 | Angling in specified waters or having specified angling gear within 15 m of specified waters during the specified time | 500 |
| 9 | 13.1(1) | Catching and retaining in one day from specified waters more specified fish than the specified quota | 200 plus 100 per fish exceeding quota |
| 10 | 13.1(2) | Catching and retaining in one year from specified waters more specified fish than the specified quota | 200 plus 100 per fish exceeding quota |
| 11 | 13.1(3) | Possessing more specified fish than the specified limit | 200 plus 100 per fish exceeding limit |
| 12 | 13.1(4) | Catching and retaining, or possessing, specified fish | 200 plus 100 per fish |
| 13 | 13.1(5) | Fishing for, or catching and retaining, specified fish during the specified time | 500 |
| 14 | 13.1(6) | Catching and releasing more than four salmon in one day | 400 plus 300 per fish exceeding limit |
| 15 | 14(1)(a) | Using more than one line or rod and line at any time in inland waters | 200 plus 50 per line exceeding limit |
| 16 | 14(1)(b) | Failing to attend closely and constantly a line or rod and line in inland waters | 200 |
| 17 | 14(1)(c) | Using a line equipped with more than one artificial fly, specified hook or specified gang hook in inland waters | 200 plus 50 per artificial fly, hook or gang hook exceeding limit |
| 18 | 14(2)(a) | Angling in a specified river using a line equipped with anything other than an artificial fly with a barbless hook | 350 |
| 19 | 14(2)(b) | Angling in a specified river using a line equipped with more than one hook | 350 |
| 20 | 14(3)(a) | Ice fishing with more than three separate lines or rods and lines at any time | 200 plus 50 per line or rod exceeding limit |
| 21 | 14(3)(b) | Failing to attend closely and constantly a line or rod and line | 200 |
| 22 | 14(3)(c) | Ice fishing with a specified line | 200 plus 50 per hook exceeding limit |
| 23 | 21 | Angling in a specified river without being accompanied and supervised by a person who has attained the age of 17 years | 100 |
| 24 | 22 | Angling in a specified river during a specified period | 500 |
| 25 | 24 | Retaining alive a sport fish taken by angling in inland waters | 250 |
| 26 | 24.1 | Wilfully disturbing or molesting any fish or spawn in inland waters | 200 |
| 27 | 24.2 | Catching, injuring or retaining spent or immature fish or failing to immediately release such fish caught accidentally | 300 |
| 28 | 30 | Fishing in specified waters other than by angling | 200 |
| 29 | 32(1)(a) | Fishing for smelts in inland waters by specified means other than during the specified period | 200 |
| 30 | 32(1)(b) | Fishing for smelts in inland waters by specified means without a specified licence | 200 |
| 31 | 32(1)(c) | Fishing for smelts by specified means outside the waters set out in a specified licence | 200 |
| 32 | 32(2)(a) | Catching smelt using a net, trap net or seine in a manner that bars the passage of salmon or trout | 300 |
| 33 | 32(2)(b) | Catching smelt using a net, trap net or seine whose meshes exceed 38 mm | 200 |
| 34 | 32(3) | Setting or operating, to catch smelt, specified nets within 45 m of a net previously set | 200 |
| 35 | 34(1) | Fishing for, taking, catching or killing eels without a licence, or attempting to do so, other than by angling | 500 |
| 36 | 35 | Interfering with or impeding the passage of specified fish using nets or trap nets | 300 |
| 37 | 36 | Taking by fishing or buying, selling or exporting an eel that is less than 20 cm in length without a licence | 200 plus 10 per fish |
| 38 | 41 | Fishing for, taking, catching or killing trout or char with a specified gill net or trap net | 500 |
| 39 | 42 | Fishing for, taking, catching or killing trout or char in specified waters, or attempting to do so, other than by angling | 500 |
| 40 | 66 | Fishing for char or trout in specified waters other than with a gill net or by angling | 500 |
| 41 | 67(1) | Fishing for char or trout in specified waters with gill nets without a specified licence | 300 |
| 42 | 68(1) | Fishing for char or trout in specified waters with a gill net whose meshes are less than 127 mm extension measure | 500 |
| 43 | 68(2) | Fishing for char or trout in specified waters with a gill net whose meshes are less than 114 mm extension measure | 500 |
| 44 | 69(1)(a) | Using gill nets whose length exceeds 92 m in one berth in specified waters | 350 |
| 45 | 69(1)(b) | Using gill nets whose length exceeds 46 m while food fishing in specified waters | 350 |
| 46 | 69(1)(c) | Using gill nets whose length exceeds 366 m in specified waters | 350 |
| 47 | 70(1) | Fishing for char or trout with gill nets in specified waters during the specified period | 500 |
| 48 | 71(1) | Fishing for, taking, catching or killing trout or char in specified waters, or attempting to do so, other than by angling | 500 |
| 49 | 71(2) | Fishing for trout or char in specified waters by angling | 500 |
| 50 | 72 | Fishing for, taking, catching or killing trout or char in specified waters, or attempting to do so, other than with gill nets or by angling | 500 |
| 51 | 73(1) | Fishing for trout or char in specified waters with gill nets without a specified licence | 500 |
| 52 | 74(1) | Fishing for trout or char in specified waters with a specified gill net | 500 |
| 53 | 74(2) | Commercial fishing for trout or char in specified waters with a specified gill net | 500 |
| 54 | 74(3) | Fishing for trout or char for food in specified waters with a specified gill net | 500 |
| 55 | 75(1) | Fishing for, taking, catching or killing trout or char, or attempting to do so, with gill nets in specified waters during the specified period | 500 |
| 56 | 76 | Fishing for trout in specified waters with nets | 500 |
| 57 | 77(1) | Fishing in specified waters with a net or trap net within the specified distance | 500 |
| 58 | 77(2) | Setting a net or trap net in a manner that impedes the passage of fish into or out of specified waters | 500 |
| 59 | 80(a) | Failing to remove a gill net or the leader of a trap net from specified waters during the specified period | 500 |
| 60 | 80(b) | Failing to raise and tie a gill net or the leader of a trap net in the required manner in specified waters during the specified period | 500 |
PART IV
| Item | Column I Provision of the Atlantic Fishery Regulations, 1985 |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 13(1) | Using or permitting the use of a vessel that is not registered or not authorized for use in fishing for a specified species of fish | 250 |
| 2 | 13.1 | Using or permitting the use of a vessel that is not registered or not authorized to be used to transport a specified species of fresh fish | 350 |
| 3 | 13.2 | Permitting the unauthorized use of a vessel to transport a specified species of fresh fish | 350 |
| 4 | 14(1) | Fishing for a specified species of fish without the specified authorization | 500 |
| 5 | 16 | Harvesting marine plants without a specified licence | 500 |
| 6 | 36 | Fishing with a drift net or any fixed gear other than a hand-line within a specified distance | 200 |
| 7 | 37(1) | Maintaining a distance of less than one-half nautical mile between a specified vessel and any previously set fishing gear | 300 |
| 8 | 37(2) | Operating mobile gear within one nautical mile of any previously set weir or trap net | 300 |
| 9 | 37(3) | Fishing with mobile gear within 400 m of any previously set fixed gear | 300 |
| 10 | 39 | Fishing for capelin with specified means in a specified area during the specified time | 500 |
| 11 | 40 | Fishing for herring with specified gear in a specified area during the specified time | 500 |
| 12 | 41 | Fishing for herring with mobile gear from a specified vessel in specified waters during the specified time | 500 |
| 13 | 42 | Fishing for herring in specified waters during the specified period | 500 |
| 14 | 43 | Retaining incidentally caught herring in excess of the specified quota | 500 |
| 15 | 45 | Fishing for herring with a specified gill net during the specified period | 500 |
| 16 | 46 | Fishing for mackerel with specified means in a specified area during the specified time | 500 |
| 17 | 47 | Retaining incidentally caught mackerel in excess of the specified quota | 500 |
| 18 | 49 | Fishing for mackerel with a specified gill net during the specified period | 500 |
| 19 | 49.1 | Fishing for shark other than with angling gear, a hand-line or longline gear | 500 |
| 20 | 49.2(1) | Commercial fishing for a specified species of shark from a specified vessel in specified waters during the specified period | 500 |
| 21 | 49.3(1) | Commercial fishing for a specified species of shark with specified gear in specified waters during the specified period | 500 |
| 22 | 49.3(2) | Recreational fishing for a specified species of shark with specified gear in specified waters during the specified period | 250 |
| 23 | 50(1) | Fishing for swordfish from a specified vessel in specified waters during the specified period | 500 |
| 24 | 50(1.2) | Fishing for swordfish with specified gear in specified waters during the specified period | 500 |
| 25 | 50(2) | Possessing swordfish less than 125 cm in length | 500 |
| 26 | 51.2 | Catching and retaining, or possessing, specified shellfish | 200 plus 1 per shellfish |
| 27 | 51.3(1) | Commercial fishing for a specified species by a specified method in specified waters during the specified time | 350 |
| 28 | 51.3(2) | Recreational fishing for a specified species in specified waters during the specified time | 250 |
| 29 | 51.4 | Commercial fishing for clams, mussels or oysters without a licence | 300 |
| 30 | 51.7 | Recreational fishing for clams, mussels or oysters other than by hand or with hand-held tools | 500 |
| 31 | 51.8 | Recreational fishing for clams, mussels or oysters during the specified period | 200 |
| 32 | 51.9 | Catching and retaining clams, mussels or oysters in excess of the specified quota | 200 plus 1 per shellfish exceeding quota |
| 33 | 52(a) | Fishing for crab in a specified area during the specified time | 500 |
| 34 | 52(b) | Possessing a crab in a specified area during the specified time | 350 |
| 35 | 52(c) | Having a crab trap on board a vessel in a specified area during the specified time | 350 |
| 36 | 52.1(2) | Transporting crab traps contrary to the conditions of the authorization | 350 |
| 37 | 53(a) | Possessing a female crab | 500 |
| 38 | 53(b) | Possessing a snow crab less than 95 mm in width | 500 |
| 39 | 53(c) | Possessing a crab part or crab meat separated from the carapace in a specified area | 500 |
| 40 | 54(1) | Fishing for crab other than from a vessel and with a crab trap | 500 |
| 41 | 54(2) | Fishing with or having on board a vessel a specified crab trap | 500 |
| 42 | 54(3) | Fishing with or having on board a vessel a specified crab trap in a specified area | 500 |
| 43 | 57(1)(a) | Fishing for lobster in a specified area during the specified close time | 500 plus 100 per lobster |
| 44 | 57(1)(b) | Possessing lobster in a specified area during the specified close time | 350 plus 100 per lobster |
| 45 | 57(1)(c) | Having a lobster trap on board a vessel in a specified area during the specified close time | 350 plus 100 per lobster trap |
| 46 | 57(2) | Possessing a lobster of a specified length in a specified area | 500 plus 100 per lobster |
| 47 | 57(3) | Possessing specified lobster parts or meat in a specified area | 500 |
| 48 | 57(4) | Fishing for lobster in specified lagoons of the specified area | 500 plus 100 per lobster |
| 49 | 58(2) | Transporting lobster traps contrary to the conditions of an authorization | 350 |
| 50 | 59(1) | Buying, selling or possessing a lobster less than 72 mm in length | 500 plus 100 per lobster |
| 51 | 59(2) | Buying, selling or possessing a lobster less than 82.5 mm in length in Newfoundland and Labrador | 500 plus 100 per lobster |
| 52 | 59(3) | Buying, selling or possessing a female lobster with eggs attached | 500 plus 250 per lobster |
| 53 | 61(1) | Fishing for lobster other than from a vessel and with a lobster trap | 500 |
| 54 | 61(2) | Having mobile gear on board a vessel | 500 |
| 55 | 61(4) | Fishing with or having on board a vessel a specified lobster trap other than in Lobster Fishing Area 41 | 500 |
| 56 | 61.1 | Fishing with or having on board a vessel a specified lobster trap in a specified area | 500 |
| 57 | 63(1) | Fishing for scallops from a specified vessel in a specified area during the specified time | 500 |
| 58 | 63(3) | Fishing for scallops in specified waters during the specified period | 500 |
| 59 | 63(4) | Fishing for scallops in the specified area during the specified period | 500 |
| 60 | 63(4.1) | Fishing for scallops with a scallop drag in the specified area during the specified period | 500 |
| 61 | 63(4.2) | Fishing for scallops in the specified area during the specified period | 500 |
| 62 | 63(5) | Fishing for scallops in the specified area during the specified period | 500 |
| 63 | 64(1) | Catching and retaining or having on board a vessel specified scallops | 500 |
| 64 | 64(5) | Catching and retaining or having on board a vessel in a specified area any scallop whose shell height is less than 76 mm | 500 |
| 65 | 66(1) | Using a specified vessel to fish for scallops in Scallop Fishing Area 27 | 500 |
| 66 | 68 | Fishing for scallops other than with a scallop drag, by diving, by dip-netting or with tongs | 500 |
| 67 | 69 | Taking more than 100 scallops in one day | 200 plus 10 per scallop |
| 68 | 70 | Having a scallop drag on board a vessel in a Scallop Fishing Area other than Areas 26 and 27 | 500 |
| 69 | 70.1 | Having a scallop drag on board a vessel in Scallop Fishing Area 27 | 500 |
| 70 | 70.2 | Having a scallop drag on board a vessel in Scallop Fishing Area 26 | 500 |
| 71 | 71 | Fishing for scallops with a specified scallop drag in a specified area | 500 |
| 72 | 72 | Fishing for shrimp in a specified area during the specified time | 500 |
| 73 | 73 | Fishing for shrimp with an otter trawl that has a mesh size less than 40 mm | 500 |
| 74 | 74 | Fishing for squid with specified means in a specified area during the specified time | 500 |
| 75 | 75 | Fishing for squid with an otter trawl that has a mesh size less than 60 mm | 500 |
| 76 | 87(1) | Fishing for a specified species of groundfish from a specified vessel in a specified area during the specified time | 500 |
| 77 | 90(1) | Fishing for groundfish in specified waters with specified gear during the specified time | 500 |
| 78 | 91(1) | Recreational fishing for groundfish during the specified period | 500 |
| 79 | 91(2) | Recreational fishing for groundfish other than by hand-line or angling | 250 |
| 80 | 91(3) | Catching and retaining more groundfish than the specified quota | 200 plus 50 per fish exceeding quota |
| 81 | 93 | Fishing for groundfish with a specified gill net | 500 |
| 82 | 93.1 | Leaving a groundfish gill net unattended in specified locations | 500 |
| 83 | 93.3 | Returning specified groundfish to the water | 500 |
| 84 | 95(1) | Harvesting rockweed | 200 |
| 85 | 95(2) | Possessing any rockweed plant to which the holdfast is attached | 200 |
| 86 | 95(3) | Harvesting Irish moss using a drag rake in a specified portion of a specified district | 500 |
| 87 | 95(4) | Harvesting marine plants using a basket drag rake | 500 |
| 88 | 95(5) | Harvesting Irish moss with a specified hand rake in District 12 | 500 |
| 89 | 96 | Harvesting specified marine plants in specified waters during a specified period | 500 |
| 90 | 99 | Fishing for bluefin using specified means during the specified time | 500 |
| 91 | 106(1) | Fishing with an otter trawl in specified waters from a specified vessel during the specified time | 500 |
| 92 | 106.1 | Fishing with an otter trawl from a specified vessel within 12 nautical miles of the specified shore | 500 |
| 93 | 108 | Fishing with specified means in specified waters during the specified period | 500 |
| 94 | 109 | Fishing with a vessel more than 15.2 m in length in specified waters | 500 |
| 95 | 109.1 | Fishing with a vessel more than 12 m in length in specified waters | 500 |
| 96 | 110(1) | Fishing with or having on board a vessel a hoop net | 500 |
| 97 | 111 | Fishing for any species of fish, other than salmon, with a drift net in the specified portion of the specified area | 500 |
| 98 | 113 | Fishing with a gill net or trap net in specified waters during the specified period | 500 |
| 99 | 114 | Fishing with a gill net in specified waters during the specified period | 500 |
| 100 | 115 | Fishing with a gill net within 50 m of the specified coastline | 500 |
| 101 | 115.1 | Fishing for groundfish from a vessel 10.67 m or more in length in specified waters during the specified period | 500 |
| 102 | 115.2 | Leaving fishing gear unattended in the water for more than 72 consecutive hours | 500 |
PART V
| Item | Column I Provision of the Fishery (General) Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 9 | Failing to sign the specified document | 100 |
| 2 | 11 | Failing to carry and to produce on demand a licence, fisher's registration card or specified fisher's certificate | 100 |
| 3 | 12 | Failing to have on board a vessel and to produce on demand a vessel registration card and a specified licence | 100 |
| 4 | 14(3) | Failing to immediately comply with the specified request | 200 |
| 5 | 15(1)(a) | Altering or defacing a document | 200 |
| 6 | 15(1)(b) | Using or producing an altered or defaced document | 500 |
| 7 | 15(1)(c) | Using or producing a document issued to another person | 500 |
| 8 | 15(2) | Permitting another person to use one's own fisher's registration card | 500 |
| 9 | 15(3) | Permitting any person other than those specified in a license to use that license | 500 |
| 10 | 17(1) | Failing to notify the Minister within 15 days after the specified event | 100 |
| 11 | 17(2) | Failing to return the document being replaced | 100 |
| 12 | 17(3) | Failing to return a recovered document | 100 |
| 13 | 18(1) | Failing to notify the Minister within 15 days after the specified event and to return the specified document | 100 |
| 14 | 20 | Failing to remove the vessel registration number painted on or affixed to a vessel | 200 |
| 15 | 23(3) | Failing to attach the specified authorization to a licence | 200 |
| 16 | 25(1)(a) | Failing to immediately surrender a specified licence | 500 |
| 17 | 25(1)(b) | Failing to immediately remove from the water fishing gear operated under a specified licence | 500 |
| 18 | 25(2)(a) | Fishing during the period of suspension of a licence for any species of fish for which fishing is authorized by the licence | 500 |
| 19 | 25(2)(b) | Being on board a specified vessel during the period of suspension of a licence | 500 |
| 20 | 25(3)(a) | Fishing during the specified period for any species of fish for which fishing is authorized by a licence | 500 |
| 21 | 25(3)(b) | Being on board a specified vessel during the specified period | 500 |
| 22 | 26(1) | Operating or causing to be operated a specified registered vessel | 300 |
| 23 | 26(7) | Operating or causing to be operated a specified fishing vessel | 500 |
| 24 | 27(1) | Setting, operating or leaving unattended in the water specified fishing gear | 200 |
| 25 | 29 | Displaying a misleading number or name | 200 |
| 26 | 33(2)(a) | Failing to return forthwith an incidentally caught fish to where it was taken | 200 plus 50 per additional fish |
| 27 | 33(2)(b) | Failing to return forthwith an incidentally caught fish in a manner that causes it the least harm | 200 plus 50 per additional fish |
| 28 | 34(3) | Wasting fish suitable for human consumption | 200 plus 50 per additional fish |
| 29 | 35(2) | Buying, selling, trading or bartering specified fish, or offering to do so | 350 plus 50 per additional fish |
| 30 | 36(1)(a) | Possessing fish – caught while fishing for specified purposes – whose species cannot be readily determined | 200 |
| 31 | 36(1)(b) | Possessing fish – caught while fishing for specified purposes – whose number cannot be readily determined | 200 |
| 32 | 36(1)(c) | Possessing fish – caught while fishing for specified purposes – whose weight cannot be readily determined | 200 |
| 33 | 36(1)(d) | Possessing fish – caught while fishing for specified purposes – whose size cannot be readily determined | 200 |
| 34 | 36(2)(a) | Possessing fish – caught while fishing commercially – whose species cannot be readily identified | 500 |
| 35 | 36(2)(b) | Possessing fish – caught while fishing commercially – whose number cannot be readily determined | 500 |
| 36 | 36(2)(c) | Possessing fish – caught while fishing commercially – whose weight cannot be readily determined | 500 |
| 37 | 36(2)(d) | Possessing fish – caught while fishing commercially – whose size cannot be readily determined | 500 |
| 38 | 37(1) | Fishing in or removing fish from a hatchery or a specified establishment or facility | 500 |
| 39 | 37(2) | Fishing within a 100 m radius of any specified facility | 500 |
| 40 | 37(4) | Fishing in a specified area | 500 |
| 41 | 47(a) | Failing to permit the specified observer to go on board the vessel | 500 |
| 42 | 47(b) | Failing to provide the specified observer with assistance | 500 |
| 43 | 48(a) | Failing to provide the specified observer with access to the fish landing station | 500 |
| 44 | 48(b) | Failing to provide the specified observer with assistance | 500 |
| 45 | 51 | Fishing for specified purposes without a licence | 200 |
| 46 | 55 | Releasing live fish into a fish habitat or transferring them to a fish rearing facility | 500 |
PART VI
| Item | Column I Provision of the Pacific Fishery Regulations, 1993 |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 5 | Bringing into the Province any live fish of a specified species | 500 |
| 2 | 6 | Fishing by snagging or with snares | 500 |
| 3 | 7 | Molesting or injuring fish | 200 |
| 4 | 8(1) | Using torches or artificial lights to attract or repel fish | 250 |
| 5 | 8(2) | Using fishing gear that has a flashing light attached to it | 250 |
| 6 | 9(a) | Fishing in tidal waters with more than one gill net | 500 |
| 7 | 9(b) | Fishing in tidal waters with a gill net that has any part of the corkline under the surface of the water | 250 |
| 8 | 10 | Fishing with a dip net whose mouth has an area that exceeds 1 m2 | 250 |
| 9 | 13 | Fishing with a gill net that is not marked as specified | 250 |
| 10 | 14 | Fishing with a longline other than a specified one | 500 |
| 11 | 15(1) | Commercial fishing with traps or ring nets other than specified ones | 500 |
| 12 | 17(1) | Off-loading salmon or roe herring caught by commercial fishing, other than at a specified place | 300 |
| 13 | 17(3) | Off-loading salmon or roe herring received from a registered vessel at a place other than a fish landing station | 300 |
| 14 | 17(4) | Failing to provide the specified information or to mail, keep or provide a copy of the specified form | 500 |
| 15 | 18(7) | Failing to comply with any condition of the specified licence | 500 |
| 16 | 18(8) | Taking on board salmon in an export zone | 500 |
| 17 | 18(9) | Taking on board roe herring in an export zone | 500 |
| 18 | 18(12) | Tampering with or removing a specified seal | 500 |
| 19 | 20(2)(b) | Using a vessel in commercial fishing without a valid vessel registration certificate | 300 |
| 20 | 22(1) | Using or permitting the use of a specified vessel | 300 |
| 21 | 23(1) | Using – to process fish – a vessel that is unregistered or for which a Category P licence has not been issued | 350 |
| 22 | 24 | Using a specified vessel to transport commercially taken fish | 350 |
| 23 | 25 | Engaging in commercial fishing or being on board a specified vessel without being registered | 250 |
| 24 | 26(1) | Fishing without a licence | 500 |
| 25 | 30 | Catching and retaining a specified species of fish with specified gear in specified waters during the specified time | 500 |
| 26 | 33 | Catching and retaining specified lingcod | 500 |
| 27 | 34 | Catching and retaining specified sablefish | 500 |
| 28 | 35(1) | Fishing for smelt with a specified gill net or seine | 500 |
| 29 | 35(2) | Fishing for smelt with an anchored gill net other than in Areas 28 and 29 | 500 |
| 30 | 35(3) | Fishing for smelt in Area 28 or 29 during the specified period | 500 |
| 31 | 39 | Fishing for, or catching and retaining, herring with specified gear in specified waters during the specified time | 500 |
| 32 | 40 | Failing to remove a vessel from a specified area | 250 |
| 33 | 41(3)(a) | Transferring herring from one vessel to another in an area designated as a herring spawning ground | 500 |
| 34 | 41(3)(b) | Anchoring a specified vessel in an area designated as a herring spawning ground | 250 |
| 35 | 44(1) | Establishing or operating a herring enclosure without a Category J or Z licence | 350 |
| 36 | 45(2) | Failing to comply with a specified direction | 500 |
| 37 | 47 | Transporting herring spawn on kelp in a specified container | 350 |
| 38 | 51 | Driving or attempting to drive salmon from one area of water to another | 500 |
| 39 | 52(2) | Fishing for salmon in specified waters | 500 |
| 40 | 53(1) | Fishing for a specified species of salmon with specified gear in specified waters during the specified time | 500 |
| 41 | 53(2) | Trolling for a specified species of salmon using a specified vessel in specified waters during the specified time | 500 |
| 42 | 54(2) | Fishing for salmon with a specified gill net during the specified time | 500 |
| 43 | 54(4) | Fishing for salmon with a specified purse seine during the specified time | 500 |
| 44 | 55(1) | Catching and retaining specified coho salmon | 500 |
| 45 | 55(2) | Catching and retaining specified chinook salmon in a specified area | 500 |
| 46 | 56(5) | Having on board a vessel a species of salmon for which trolling is prohibited | 500 |
| 47 | 57(1) | Fishing for salmon from a specified vessel in specified waters during the specified time | 500 |
| 48 | 57(2)(a) | Setting a gill net in the water and leaving it unattended | 500 |
| 49 | 57(2)(b) | Using an anchored gill net other than in specified waters | 500 |
| 50 | 60(2) | Fishing for salmon with a specified purse seine | 500 |
| 51 | 60(3) | Fishing for salmon with a specified purse seine other than in Area 20 | 500 |
| 52 | 60(4) | Fishing for salmon with a specified purse seine in Area 20 | 500 |
| 53 | 63 | Fishing for a specified species of shellfish using a specified method in specified waters during the specified time | 200 plus 50 per shellfish |
| 54 | 65 | Taking a specified razor, butter, Manila or littleneck clam | 200 plus 50 per clam |
| 55 | 66 | Catching and retaining a specified Dungeness or red rock crab | 350 plus 10 per crab |
| 56 | 70(1) | Catching and retaining a red sea urchin less than 100 mm in width | 200 plus 1 per sea urchin |
| 57 | 70(2) | Catching and retaining a green sea urchin less than 55 mm in width | 200 plus 1 per sea urchin |
| 58 | 71(1) | Harvesting marine plants without a specified licence | 500 |
| 59 | 71(2) | Failing to maintain a specified record or to make a specified return | 200 |
| 60 | 74(1) | Fishing for, or catching and retaining, halibut in a Subarea during the specified time | 500 plus 100 per halibut |
| 61 | 74(2) | Possessing halibut during the specified time | 500 |
| 62 | 75 | Catching and retaining specified halibut | 500 |
| 63 | 76(1) | Fishing for, or catching and retaining, halibut with gear other than hook and line or trap | 500 |
| 64 | 76(2) | Possessing halibut on board a vessel being used to fish with or is carrying a trawl net | 500 |
| 65 | 76(3) | Fishing for halibut from a vessel equipped with or has on board an automated hook stripper | 500 |
| 66 | 76(4) | Possessing halibut on board a vessel equipped with or has on board an automated hook stripper | 500 |
| 67 | 77 | Failing to report the landing of a halibut that bears a tag affixed by the Commission or to make it available to a specified person | 500 |
PART VII
| Item | Column I Provision of the British Columbia Sport Fishing Regulations, 1996 |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 4 | Molesting or injuring fish | 300 |
| 2 | 5 | Fishing for, or catching and retaining, a specified species of fish | 500 |
| 3 | 6(1)(a) | Angling with more than one fishing line in a lake or stream | 250 |
| 4 | 6(1)(b) | Angling for white sturgeon with more than one fishing line | 250 |
| 5 | 7 | Angling with a fishing line to which is attached a weight greater than one kilogram | 250 |
| 6 | 8(1) | Angling with a fishing line to which more than one hook, artificial lure or artificial fly is attached | 250 |
| 7 | 9 | Fishing with a dip net other than as specified one | 250 |
| 8 | 10(1)(a) | Using a light to attract fish | 250 |
| 9 | 10(1)(b) | Catching or attempting to catch fish with snares | 250 |
| 10 | 10(1)(c) | Wilfully foul hooking or attempting to foul hook specified fish | 500 |
| 11 | 10(2) | Retaining a fish accidentally foul hooked in a lake or stream | 500 |
| 12 | 11 | Angling from a vessel equipped with a motor in specified waters during the specified period | 250 |
| 13 | 12 | Angling from a vessel in specified waters during the specified period | 250 |
| 14 | 13(1) | Possessing more fish of a species, other than halibut, than twice the specified quota | 200 plus 100 per fish exceeding twice the quota |
| 15 | 13(2) | Possessing more than three halibut | 200 plus 400 per halibut exceeding quota |
| 16 | 14 | Possessing on board a vessel halibut taken by sport fishing | 500 |
| 17 | 18(1)(a) | Fishing without a licence | 500 |
| 18 | 18(1)(b) | Catching and retaining salmon without the specified licence | 500 |
| 19 | 20 | Harvesting herring spawn on kelp without the specified licence | 500 |
| 20 | 21 | Holding more than one licence | 500 |
| 21 | 22 | Failing to record a catch of lingcod or chinook salmon on one's licence or in a specified registry | 500 |
| 22 | 22.1 | Altering the record on one's licence or in the specified registry | 500 |
| 23 | 24 | Fishing for a specified species of fish with specified type of gear or by a specified method during the specified time | 500 |
| 24 | 25(1) | Catching and retaining more fish of a specified species than the specified quota | 200 plus 50 per fish exceeding quota |
| 25 | 26(a) and (b) | Catching and retaining more than four wild trout and hatchery trout in the aggregate | 200 plus 50 per fish exceeding quota |
| 26 | 26(c) | Catching and retaining more than eight rockfish | 200 plus 50 per fish exceeding quota |
| 27 | 27 | Catching and retaining more than 10 lingcod from specified Areas and Subareas | 200 plus 50 per fish exceeding quota |
| 28 | 28 | Catching and retaining more than one white sturgeon | 200 plus 800 per fish exceeding quota |
| 29 | 29(a) | Catching and retaining a white sturgeon less than 100 or more than 150 cm | 200 plus 800 per fish |
| 30 | 29(b) | Catching and retaining a wild trout less than 30 cm | 200 plus 100 per fish |
| 31 | 29(c) | Catching and retaining a hatchery trout less than 30 cm | 200 plus 100 per fish |
| 32 | 29(d) | Catching and retaining specified lingcod | 200 plus 100 per fish |
| 33 | 30 | Fishing for a specified species of fish other than with specified gear or by a specified method | 500 |
| 34 | 31 | Fishing for eulachon or smelt with a specified gill net | 500 |
| 35 | 32 | Fishing for eulachon or smelt with more than one net | 200 per additional net |
| 36 | 34(1) | Fishing for a specified species of fish with specified gear or by a specified method during the specified time | 500 |
| 37 | 35(1) | Catching and retaining more fish of a specified species than the specified quota | 200 plus 10 per fish exceeding quota |
| 38 | 36(a) | Catching and retaining more than 75 clams | 200 plus 10 per clam exceeding quota |
| 39 | 36(b) | Catching and retaining more than four Dungeness crab and red rock crab in the aggregate in specified areas | 200 plus 10 per crab exceeding quota |
| 40 | 36(c) | Catching and retaining more than six Dungeness crab, red rock crab and king crab in the aggregate in specified areas | 200 plus 10 per crab exceeding quota |
| 41 | 36(d) | Catching and retaining more than 75 mussels | 200 plus 10 per mussel exceeding quota |
| 42 | 36(e) | Catching and retaining more than six purple-hinged rock scallops and weather-vane scallops in the aggregate | 200 plus 10 per scallop exceeding quota |
| 43 | 37(1)(a) | Catching and retaining a specified abalone | 200 plus 50 per abalone |
| 44 | 37(1)(b) | Catching and retaining a specified Dungeness crab | 200 plus 50 per crab |
| 45 | 37(1)(c) | Catching and retaining a specified red rock crab | 200 plus 50 per crab |
| 46 | 38 | Fishing for a specified species of fish other than with specified gear or by a specified method | 500 |
| 47 | 39(1) | Fishing for crab with more than two ring nets, dip nets and crab traps in the aggregate | 500 |
| 48 | 39(2) | Fishing for crab with a ring net or crab trap that does not have a specified tag, float or buoy attached | 250 |
| 49 | 40(1) | Fishing for shrimp with more than four shrimp traps | 500 |
| 50 | 40(2) | Fishing for shrimp with a shrimp trap that does not have the specified tag, float or buoy attached | 250 |
| 51 | 40.1 | Fishing for octopus with an octopus trap that does not have the specified tag, float or buoy attached | 250 |
| 52 | 41 | Fishing with a crab trap that does not have the specified section | 500 |
| 53 | 41.1 | Setting, operating or leaving unattended in the water specified gear that does not have a specified tag, float or buoy attached | 250 |
| 54 | 43 | Fishing for salmon of a specified species in specified waters during the specified time | 500 |
| 55 | 44 | Catching and retaining more salmon of a specified species than the specified quota | 200 plus 50 per fish exceeding quota |
| 56 | 45(1)(a) | Catching and retaining more than four hatchery chinook salmon and wild chinook salmon that measure 50 cm or less | 200 plus 50 per fish exceeding quota |
| 57 | 45(1)(b) | Catching and retaining more than two hatchery chinook salmon and wild chinook salmon that measure more than 50 cm | 200 plus 50 per fish exceeding quota |
| 58 | 45(1)c) | Catching and retaining more than four hatchery chinook salmon and wild chinook salmon | 200 plus 50 per fish exceeding quota |
| 59 | 45(1)(d) | Catching and retaining more than four hatchery coho salmon and wild coho salmon that measure 35 cm or less | 200 plus 50 per fish exceeding quota |
| 60 | 45(1)(e) | Catching and retaining more than two hatchery coho salmon and wild coho salmon that measure more than 35 cm | 200 plus 50 per fish exceeding quota |
| 61 | 45(1)(f) | Catching and retaining more than four hatchery coho salmon and wild coho salmon | 200 plus 50 per fish exceeding quota |
| 62 | 45(2) | Catching and retaining more than four salmon from all waters | 200 plus 50 per fish exceeding quota |
| 63 | 46 | Catching and retaining in a month in a lake or stream more than 10 chinook salmon that measure more than 50 cm | 200 plus 50 per fish exceeding quota |
| 64 | 47(a) | Catching and retaining in a year more than 20 chinook salmon from specified waters | 200 plus 50 per fish exceeding quota |
| 65 | 47(b) | Catching and retaining in a year more than 15 chinook salmon from specified waters | 200 plus 50 per fish exceeding quota |
| 66 | 47(c) | Catching and retaining in a year more than 10 chinook salmon that measure more than 50 cm from specified waters | 200 plus 50 per fish exceeding quota |
| 67 | 47(d) | Catching and retaining in a year more than 30 chinook salmon, other than specified salmon | 200 plus 50 per fish exceeding quota |
| 68 | 47(e) | Catching and retaining in a year more than 10 chinook salmon that measure more than 50 cm from non-tidal waters | 200 plus 50 per fish exceeding quota |
| 69 | 48 | Catching and retaining specified salmon of a specified species in specified waters | 200 plus 50 per fish |
| 70 | 49 | Fishing for salmon by a specified method or with a specified type of gear or bait in specified waters during the specified time | 500 |
| 71 | 50 | Fishing for salmon other than by angling | 500 |
| 72 | 52 | Fishing other than by angling or with a set line | 500 |
| 73 | 54(a) | Using more than one set line | 250 |
| 74 | 54(b) | Using a hook less than 3 cm measured from the point to the shank | 250 |
| 75 | 54(c) | Retaining fish of a specified species other than burbot | 250 |
| 76 | 55(1) | Fishing for, or catching and retaining, fish from 23:00 hrs to 24:00 hrs on December 31 | 500 |
| 77 | 56(1) | Catching and retaining more specified fish than the specified quota | 200 plus 50 per fish exceeding quota |
| 78 | 56(2) | Failing to cease fishing after reaching the daily quota for steelhead | 250 |
| 79 | 57(a) | Catching and retaining more than six wild rainbow trout and hatchery rainbow trout from a lake or stream | 200 plus 50 per fish exceeding quota |
| 80 | 57(b) | Catching and retaining more than one wild steelhead and hatchery steelhead from a lake or stream | 200 plus 50 per fish exceeding quota |
| 81 | 57(c) | Catching and retaining more than six wild cutthroat trout and hatchery cutthroat trout from a lake or stream | 200 plus 50 per fish exceeding quota |
| 82 | 57(d) | Catching and retaining more than six wild brown trout and hatchery brown trout from a lake or stream | 200 plus 50 per fish exceeding quota |
| 83 | 57(e) | Catching and retaining more than six wild brook trout and hatchery brook trout from a lake or stream | 200 plus 50 per fish exceeding quota |
| 84 | 57(f) | Catching and retaining more than six wild Dolly Varden and hatchery Dolly Varden from a lake or stream | 200 plus 50 per fish exceeding quota |
| 85 | 57(g) | Catching and retaining more than six wild lake trout and hatchery lake trout from a lake or stream | 200 plus 50 per fish exceeding quota |
| 86 | 57(h) | Catching and retaining more than four smallmouth and largemouth bass from a lake or stream | 200 plus 50 per fish exceeding quota |
| 87 | 57(i) | Catching and retaining more than 25 wild kokanee and hatchery kokanee from a lake or stream | 200 plus 50 per fish exceeding quota |
| 88 | 58 | Catching and retaining more fish of a specified species than the specified quota from non-tidal waters | 200 plus 50 per fish exceeding quota |
| 89 | 59 | Catching and retaining in a month more than two steelhead in a lake or stream | 200 plus 50 per steelhead exceeding quota |
| 90 | 60(a) | Catching and retaining in a year more than 10 steelhead | 200 plus 50 per steelhead exceeding quota |
| 91 | 60(b) | Catching and retaining in a year more than one white sturgeon | 200 plus 50 per white sturgeon exceeding quota |
| 92 | 60(c) | Catching and retaining in a year more than five rainbow trout greater than 50 cm from specified waters | 200 plus 50 per trout exceeding quota |
| 93 | 60(d) | Catching and retaining in a year more than five rainbow trout greater than 50 cm from specified waters | 200 plus 50 per trout exceeding quota |
| 94 | 60(e) | Catching and retaining in a year more than five Dolly Varden and lake trout greater than 60 cm from specified waters | 200 plus 50 per fish exceeding quota |
| 95 | 61 | Using as bait or possessing a freshwater invertebrate at a lake | 250 |
| 96 | 62 | Depositing any substance into the water to attract fish | 500 |
| 97 | 63 | Fishing in a lake or stream by a specified method or with a specified type of gear or bait during the specified time | 500 |
Coming into Force
3 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 Fisheries Act, 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, 1996 through the ticketing procedure established under the Contraventions Act, the offences must be included in the Contraventions Regulations. This Act, and these five regulations made under it, generally aim to conserve and protect fish and fish habitat while providing for rules concerning the management and control of fisheries.
The ticketing procedure established by the Contraventions Act, referred to 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 focused 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 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.
Enforcement of certain provisions of regulations made under the Fisheries Act is already done through the ticketing regime under the Contraventions Regulations. Schedule II.1 of the Contraventions Regulations describes offences contained in the Maritime Provinces Fishery Regulations and the Ontario Fishery Regulations, 2007.
Objective
These amendments to the Contraventions Regulations are made in order to expand the list of offences which could be prosecuted by means of a contraventions ticket for both the commercial and recreational sectors by designating as contraventions one offence contained in the Fisheries Act and offences contained in 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, 1996. Enforcement of these offences via the ticketing procedure established by the Contraventions Act will ensure compliance with the regulated fishery matters, such as protection of fish and fish habitat.
Description
New parts under Schedule II.1 of the Contraventions Regulations are added in order to designate, as contraventions, offences contained in the
- Fisheries Act;
- Fishery (General) Regulations;
- Atlantic Fishery Regulations, 1985;
- Newfoundland and Labrador Fishery Regulations;
- Pacific Fishery Regulations, 1993; and
- British Columbia Sport Fishing Regulations, 1996.
Approximately 400 offences are designated as contraventions. The fine amounts for these new contraventions range between $100 and $750.
The following are examples of provisions that are designated as contraventions, along with their short-form description and fine amount.
Fisheries Act
Subsection 43.4(1): Failing to comply with any terms and conditions of a specified permission or a specified lease or licence; $750
Fishery (General) Regulations
Section 9: Failing to sign the specified document; $100
Section 11: Failing to carry and to produce on demand a licence, fisher's registration card or specified fisher's certificate; $100
Section 29: Displaying a misleading number or name; $200
Subsection 37(1): Fishing in or removing fish from a hatchery or a specified establishment or facility; $500
Atlantic Fishery Regulations, 1985
Subsection 37(1): Maintaining a distance of less than one half-nautical mile between a specified vessel and any previously set fishing gear; $300
Subsection 91(1): Recreational fishing for groundfish during the specified period; $500
Subsection 91(2): Recreational fishing for groundfish by means other than by handline or angling; $250
Section 99: Fishing for bluefin using specified means during the specified time; $500
Section 115.2: Leaving fishing gear unattended in the water for more than 72 consecutive hours; $500
Newfoundland and Labrador Fishery Regulations
Subsection 10(1): Fishing for, catching or killing fish in inland waters, or attempting to do so, other than by angling; $200
Section 13: Angling in specified waters or having specified angling gear within 15 m of specified waters during the specified time; $500
Subsection 13.1(1): Catching and retaining in one day from specified waters more specified fish than the specified quota; $200, plus $100 per fish exceeding quota
Section 24: Retaining alive a sport fish taken by angling in inland waters; $250
Section 72: Fishing for, taking, catching or killing trout or char in specified waters, or attempting to do so, other than with gill nets or by angling; $500
Pacific Fishery Regulations, 1993
Section 5: Bringing into the Province any live fish of a specified species; $500
Section 40: Failing to remove a vessel from a specified area; $250
Subsection 56(5): Having on board a vessel a species of salmon for which trolling is prohibited; $500
Section 63: Fishing for a specified species of shellfish using a specified method in specified waters during the specified time; $200 plus $50 per shellfish
Section 77: Failing to report the landing of a halibut that bears a tag affixed by the Commission, or to make it available to a specified person; $500
British Columbia Sport Fishing Regulations, 1996
Section 7: Angling with a fishing line to which is attached a weight greater than one kilogram; $250
Section 28: Catching and retaining more than one white sturgeon; $200, plus $800 per fish exceeding quota
Section 38: Fishing for a specified species of fish other than with specified gear or by a specified method; $500
Paragraph 40(1): Fishing for shrimp with more than four shrimp traps; $500
Section 62: Depositing any substance into the water to attract fish; $500
Regulatory development
Consultation
A consultation period was held from November 28, 2018, to January 11, 2019, to seek input on a sample of minor offences and the associated proposed fine amounts. Fisheries and Oceans Canada (DFO) posted a dedicated consultation web page, including a generic email address, to support public and industry input. The web page included background information on the use of the Contraventions Regime, and a sample list of 50 minor offences, made up of 10 of the most common minor offences from each of the five regulations.
The consultation was promoted to the public via cross-reference on the Consulting with Canadians website, and more specifically through DFO's social media channels (Twitter and Facebook).
Commercial and recreational fishers who used the National Online Licensing System (NOLS) during the consultation timeframe were also notified of the consultation via a pop-up screen. DFO regional staff emailed industry associations, inviting them to visit the online consultation and to provide feedback, as well as offering the opportunity to meet in person in order to discuss. Union leaders representing the fishing industry were likewise contacted directly by the regional representatives.
DFO regional staff contacted 51 target Indigenous groups and governments in the regions of the Pacific, Quebec, the Maritimes, the Gulf and Newfoundland and Labrador with an invitation to provide comments online, in writing or in person.
In total 39 formal submissions were received; two responses were from Indigenous groups and two were received from governments. Of these 39 formal submissions received, 11 were in full support of the proposal, 10 were in support but with minor changes suggested, and 9 were in support of the proposal but were concerned that the fines were not high enough. Three stakeholders were opposed on the basis that it was a cash grab and/or that fishing rules are not applied equally to various groups of fishers. The remaining six respondents either commented on matters outside the scope of the project (e.g. regulatory reform), or were neutral or unclear in their position. For example, some responses among those six, focused only on the need for more fishery officers / enforcement efforts, and not on the ticketing proposal.
As a result of the input received from stakeholders who responded to the consultation process, the proposed fine amount for an offence committed under subsection 27(1) of the Fishery (General) Regulations was increased from $150 to $200. This provision relates to unidentified fishing gear, and feedback received from stakeholders was that the fine amount should be increased. A fine amount of $200 is consistent with existing fines for contraventions under the Maritime Provinces Fishery Regulations regarding proper identification (see Schedule II.1, Part 1, items 46 to 48 to the Contraventions Regulations). It is also consistent with the fine amount provided for the contravention of subsection 23(3) of the Fishery (General) Regulations regarding identification of an authorized “replacement” fisher or vessel which is also $200. In addition, a cumulative fine amount was added for the contravention of provisions dealing with lobsters in the Atlantic Fishery Regulations, 1985 based on the number of lobsters at issue (sections 57 and 59 of the Atlantic Fishery Regulations, 1985). There were a number of proposals to change fine amounts as a result of public consultation, however, some were deemed too high or too low for the offence.
During the consultation process, some stakeholders indicated that certain offences should not be designated as contraventions in view of their severity. As with other offences designated as contraventions under the Contraventions Regulations, the summary conviction procedure remains an enforcement tool that is available based on the facts and situation at hand.
Modern treaty obligations and Indigenous engagement and consultation
Indigenous peoples are not being impacted by these amendments. DFO regional staff contacted 51 targeted Indigenous groups and governments in the regions of the Pacific, Quebec, the Maritimes, the Gulf and Newfoundland and Labrador with an invitation to provide comments online, in writing or in person. The amendments to the Contraventions Regulations do not create new offences nor do they impose any new restrictions or burdens. These amendments designate existing offences as contraventions in order to allow enforcement officers to use the Contraventions Regime as an enforcement tool.
Instrument choice
In order to have these offences enforced through the Contraventions Regime and to allow enforcement officers to issue tickets for these offences, they must first be designated as contraventions and included in the Contraventions Regulations.
The Contraventions Regulations have been amended multiple times in order to designate new contraventions and to reflect amendments made to substantive regulations.
Regulatory analysis
Benefits and costs
The designation of offences as contraventions provides enforcement officers with an appropriate and efficient enforcement tool to better enforce provisions under the Fisheries Act and these regulations. Fishery officers could not issue contraventions tickets to enforce minor fisheries violations under the Fisheries Act, 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, 1996. Currently, enforcement officers attempting to enforce the Fisheries Act and these regulations may only issue a warning or proceed under the Criminal Code procedure by laying charges and, in the case of the British Columbia Sport Fishing Regulations, 1996, they can issue tickets under the Fisheries Act.
Simple warnings may not always be considered an effective tool that deters non-compliance and summary convictions procedures 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 is 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 reduce pressure on the courts, resulting in savings for the government in terms of prosecution 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 that is dedicated to undertake monitoring, control and surveillance 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 covered by 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.
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 to these amendments, as there is no incremental change in administrative burden on businesses.
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.
The amendments do not have important positive or negative environmental effects as the offences in question already exist under the Fisheries Act, the Fishery (General) Regulations, the Atlantic Fishery Regulations, 1985, the Newfoundland and Labrador Fishery Regulations, the Pacific Fishery Regulations, 1993, and the British Columbia Sport Fishing Regulations, 1996. The amendments allow the use of an enforcement measure for those offences.
Gender-based analysis plus
No gender-based analysis plus (GBA+) impacts have been identified for these amendments.
Rationale
The amendments to the Contraventions Regulations enable the reasonable enforcement of the regulations while ensuring consistency of enforcement with similar types of offences.
General environmental and ecological benefits, such as the conservation of resources, the protection of the aquatic environment and the sustainability of Canada's fisheries notably stem from the enforcement of the Fisheries Act, the Fishery (General) Regulations, the Atlantic Fishery Regulations, 1985, the Pacific Fishery Regulations, 1993, the Newfoundland and Labrador Fishery Regulations, the British Columbia Sport Fishing Regulations, 1996, the Maritime Provinces Fishery Regulations and the Ontario Fishery Regulations, 2007.
Implementation, compliance and enforcement, and service standards
Implementation
The amendments to the Contraventions Regulations 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 fulfil 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
Telephone: 613‑415‑5902