Regulations Amending the Contraventions Regulations: SOR/2022-221
Canada Gazette, Part II, Volume 156, Number 23
Registration
SOR/2022-221 October 24, 2022
CONTRAVENTIONS ACT
P.C. 2022-1147 October 20, 2022
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, makes the annexed Regulations Amending the Contraventions Regulations under section 8footnote a of the Contraventions Act footnote b.
Regulations Amending the Contraventions Regulations
Amendments
1 Section 2 of the English version of the Contraventions Regulations footnote 1 is replaced by the following:
2 The short-form description of an offence under a provision set out in column I of the Schedules is the description set out in column II.
2 Section 3 of the English version of the Regulations is replaced by the following:
3 For the purposes of proceedings commenced by means of a ticket in respect of a contravention for which the short-form description is set out in column II of the Schedules, the amount of the fine is the applicable amount set out in column III.
3 Section 4 of the English version of the Regulations is replaced by the following:
4 In the case of a contravention committed by a young person, the amount of a fine that may be imposed in respect of that contravention is deemed to be the lesser of $100 and the applicable amount set out in column III to the Schedules.
4 Schedule I.2 to the Regulations is replaced by the Schedule I.2 set out in the schedule to these Regulations.
| Item | Column I Provision of Asbestos Mines and Mills Release Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 2.1 | 7(1) | Failure to submit the samples and related information within the required time | 500 |
6 Part II of Schedule I.3 to the Regulations is replaced by the following:
PART II
| Item | Column I Provision of Benzene in Gasoline Regulations |
Column II Short-Form |
Column III Fine ($) |
|---|---|---|---|
| 1 | 7(1)(b) | Failure to submit specified information within the required time | 500 |
| 2 | 7(3) | Failure to submit updated information within the required time | 500 |
| 3 | 8(1) and (2)(b) | Failure to submit the duly signed report within the required time | 500 |
| 4 | 8.1 | Failure to send the specified information or documentation in the specified manner | 500 |
| 5 | 10(b) | Failure to retain in Canada the specified records and related evidence for the specified period | 500 |
| 6 | 11 | (a) Failure to make available to the Minister the specified sample, documents and information | 500 |
| (b) Failure to provide, upon request, the specified sample, documents and information in the specified manner | 500 | ||
| 7 | 12(1) and (2) | Failure to provide the specified notice within the required time | 500 |
| 8 | 13(1) | Failure to record the specified information | 500 |
| 9 | 13(2) | Failure to provide the specified information | 500 |
| 10 | 13(3)(b) | Failure to record the specified information | 500 |
| 11 | 20 | Failure to make a record of the specified information | 500 |
| 12 | 21(1) | Failure to put in place the specified compliance plan within the required time | 500 |
| 13 | 21(2) | Failure to send a duly signed compliance plan within the required time | 500 |
| 14 | 21(3) | Failure to submit an updated compliance plan within the required time | 500 |
| 15 | 22(3) | Failure to submit a report containing the specified information within the required time | 500 |
7 Part VII of Schedule I.3 to the Regulations is replaced by the following:
PART VII
| Item | Column I Provision of Ozone-depleting Substances and Halocarbon Alternatives Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 28 | Failure to submit the specified information within the required time | 500 |
| 2 | 67(1) | Failure to provide the specified notice within the required time | 500 |
| 3 | 72 | Failure to submit the specified annual report within the required time | 500 |
| 4 | 73 | Failure to provide the specified information | 500 |
| 5 | 74(1) | Failure to duly sign the notice, application or specified document and attach the specified certification | 500 |
| 6 | 75(1)(a) | Failure to maintain the specified records | 500 |
| 7 | 75(1)(b) | Failure to keep the specified records at the specified place for the specified period | 500 |
| 8 | 75(2)(a) | Failure to maintain the specified records | 500 |
| 9 | 75(2)(b) | Failure to keep the specified records at the specified place for the specified period | 500 |
| 10 | 75(3) | Failure to notify the Minister of the place where records are kept | 500 |
8 Part IX of Schedule I.3 to the Regulations is replaced by the following:
PART IX
| Item | Column I Provision of Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 6(2) | (a) Failure to report to the Minister the concentrations of specified substances | 500 |
| (b) Failure to report to the Minister the effluent flowrate of the final effluent | 500 | ||
| 2 | 7(4) | Failure to submit the specified information within the required time | 500 |
| 3 | 7(5) | Failure to submit the information required by the Reference Method | 500 |
| 4 | 7(6) | Failure to submit the specified information in the specified manner | 500 |
| 5 | 7(7) | Failure to duly sign any report or information submitted | 500 |
| Item | Column I Provision of Secondary Lead Smelter Release Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 2.1 | 12 | Failure to submit the specified calculations within the required time | 500 |
10 Part XIII of Schedule I.3 to the Regulations is replaced by the following:
PART XIII
| Item | Column I Provision of Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 4 | Using tetrachloroethylene without storing it, its waste water and its residue in closed containers | 500 |
| 2 | 11(a) | Failure to maintain books and records respecting importation | 500 |
| 3 | 11(b) and 15 | Failure to submit the specified report within the required time | 500 |
| 4 | 12(1)(a) | Failure to maintain books and records respecting recycling activities | 500 |
| 5 | 12(1)(b) and 15 | Failure to submit the specified report within the required time | 500 |
| 6 | 13(a) | Failure to maintain books and records respecting sales | 500 |
| 7 | 13(b) and 15 | Failure to submit the specified report within the required time | 500 |
| 8 | 14(a) | Failure to maintain the specified books and records respecting use | 500 |
| 9 | 14(b) and 15 | Failure to submit the specified report within the required time | 500 |
| 10 | 16 | Failure to keep the specified documentation in Canada for the specified period | 500 |
11 Part XV of Schedule I.3 to the Regulations is replaced by the following:
PART XV
| Item | Column I Provision of Environmental Emergency Regulations, 2019 |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 3(1) | Failure to submit the specified notice regarding substances located at a facility within the required time | 500 |
| 2 | 3(5) | Failure to submit the specified notice of change within the required time | 500 |
| 3 | 5 | Failure to submit the specified notice regarding the preparation of an environmental emergency plan within the required time | 500 |
| 4 | 6 | (a) Failure to bring the environmental emergency plan into effect within the required time | 500 |
| (b) Failure to submit the specified notice within the required time | 500 | ||
| 5 | 7 | Failure to conduct the specified simulation exercise within the required time | 500 |
| 6 | 8 | Failure to prepare a record of a simulation exercise | 500 |
| 7 | 9 | Failure to submit the specified notice regarding simulation exercises within the required time | 500 |
| 8 | 10 | Failure to keep a record of the review of an environmental emergency plan | 500 |
| 9 | 11 | Failure to make a copy of the environmental emergency plan readily available at a specified place | 500 |
| 10 | 13 | Failure to submit the specified notice regarding substances located at a facility within the required time | 500 |
| 11 | 14 | Failure to submit the specified notice regarding simulation exercises within the required time | 500 |
| 12 | 15 | Failure to submit the specified notice regarding a change in quantity or capacity within the required time | 500 |
| 13 | 16 | Failure to submit the specified notice regarding a cessation of operations within the required time | 500 |
| 14 | 17 | Failure to submit the specified notice regarding the transfer of ownership of a facility within the required time | 500 |
| 15 | 19 | Failure to provide a specified certification | 500 |
| 16 | 20(1) and (3) | Failure to submit the specified information in the specified manner | 500 |
| 17 | 20(2) and (3) | Failure to submit the specified report in the specified manner | 500 |
| 18 | 21(1) | Failure to keep the specified records at the specified facility | 500 |
| 19 | 21(2) | Failure to keep the specified records for the specified period | 500 |
| Item | Column I Provision of 2-Butoxyethanol Regulations |
Column II Short-Form |
Column III Fine ($) |
|---|---|---|---|
| 3 | 8(4) | Failure to keep the specified information and documentation in writing | 500 |
| Item | Column I Provision of PCB Regulations |
|---|---|
| 27 | 43 and 45 |
14 Parts XX and XXI of Schedule I.3 to the Regulations are replaced by the following:
PART XX
| Item | Column I Provision of Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 10(1) | (a) Failure to indicate on the container the date of manufacture or specified code | 500 |
| (b) Failure to provide an explanation of the specified code | 500 | ||
| 2 | 10(2) | (a) Failure to indicate on the container the date of manufacture or specified code | 500 |
| (b) Failure to provide an explanation of the specified code | 500 | ||
| 3 | 11(1)(a) | Failure to ensure that instructions for dilution are specified on the label or documentation | 500 |
| 4 | 11(1)(b) | Failure to ensure that the specified instructions result in a dilution that respects the specified concentration limit | 500 |
| 5 | 11(2) | Failure to specify instructions for combination on the label or documentation | 500 |
| 6 | 12(1)(a) | Failure to ensure that instructions for dilution are specified on the label or documentation | 500 |
| 7 | 12(1)(b) | Failure to ensure that the specified instructions result in a dilution that respects the specified concentration limit | 500 |
| 8 | 12(2) | Failure to specify instructions for combination on the label or documentation | 500 |
| 9 | 13(1)(a) | Failure to maintain records containing the specified information | 500 |
| 10 | 13(1)(b) | Failure to maintain records containing the specified information | 500 |
| 11 | 13(1)(c) | Failure to maintain records containing the specified information | 500 |
| 12 | 13(2) and (3) | Failure to keep the specified documentation at the specified place for the specified period | 500 |
PART XXI
| Item | Column I Provision of Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 17(1) and (3) | Failure to indicate the specified information in the specified manner | 500 |
| 2 | 17(1.1) and (3) | Failure to indicate the specified information in the specified manner | 500 |
| 3 | 17(4) | Failure to provide an explanation of the specified code | 500 |
| 4 | 18 | Failure to calculate the VOC concentration as specified | 500 |
| 5 | 19(1)(a) | Failure to maintain records containing the specified information | 500 |
| 6 | 19(1)(b) | Failure to maintain records containing the specified information | 500 |
| 7 | 19(1)(c) | Failure to maintain records containing the specified information | 500 |
| 8 | 19(2) and (3) | Failure to keep the specified documentation at the specified place for the specified period | 500 |
PART XXII
| Item | Column I Provision of Export of Substances on the Export Control List Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 5(5) | Failure to notify of a change to the specified information within the required time | 500 |
| 2 | 19 | Failure to keep the specified records at the specified place for the specified period | 500 |
| 3 | 21(1) | Failure to affix the specified label to a container | 500 |
| 4 | 21(2) | Failure to affix the specified label or include the specified label or document with a bulk shipment | 500 |
| 5 | 22 | Failure to include the specified safety data sheet | 500 |
PART XXIII
| Item | Column I Provision of Multi-Sector Air Pollutants Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 40 | Failure to provide the specified initial report within the required time | 500 |
| 2 | 41(1) | Failure to provide the specified classification report within the required time | 500 |
| 3 | 41(2) | Failure to provide the specified classification report within the required time | 500 |
| 4 | 42 | Failure to provide the specified compliance report within the required time | 500 |
| 5 | 43(1) | Failure to provide the specified change report within the required time | 500 |
| 6 | 43(4) | Failure to provide the specified information within the required time | 500 |
| 7 | 44 | Failure to make a specified record | 500 |
| 8 | 65(4) | Failure to provide the specified information within the required time | 500 |
| 9 | 94(1) | Failure to affix a nameplate in the specified manner | 500 |
| 10 | 95(1) | Failure to comply with the recommendations of the manufacturer | 500 |
| 11 | 97(3) | Failure to register the specified engine within the required time | 500 |
| 12 | 97(4) | Failure to register the specified engine within the required time | 500 |
| 13 | 97(5) | Failure to re-register the specified engine within the required time | 500 |
| 14 | 98 | Failure to provide the specified information within the required time | 500 |
| 15 | 99 | Failure to provide the specified compliance report within the required time | 500 |
| 16 | 100 | Failure to make a specified record | 500 |
| 17 | 107(3) | Failure to make a specified record | 500 |
| 18 | 108 | Failure to provide the specified compliance report within the required time | 500 |
| 19 | 110(4) | Failure to provide a copy of the specified auditor’s report within the required time | 500 |
| 20 | 113(3) | Failure to provide the alternative rule to the new responsible person | 500 |
| 21 | 118 | Failure to notify the Minister without delay of the revocation of an alternative rule | 500 |
| 22 | 120 | Failure to provide the specified information or documentation in the specified manner | 500 |
| 23 | 121(1) | Failure to make a specified record | 500 |
| 24 | 121(2) | Failure to make a record within the required time | 500 |
| 25 | 121(3) | Failure to keep the specified documentation for the specified period | 500 |
| 26 | 121(5) | Failure to keep the specified documentation at the specified place | 500 |
| 27 | 121(6) | Failure to keep the specified documentation at the specified place | 500 |
| 28 | 122 | Failure to inform the Minister without delay of any errors and provide the corrected information | 500 |
| 29 | 123 | Failure to provide the specified information regarding a test within the required time | 500 |
PART XXIV
| Item | Column I Provision of New Substances Notification Regulations (Chemicals and Polymers) |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 5(1) and (2) | Failure to provide the specified information within the required time | 500 |
| 2 | 5(1) and (3) | Failure to provide the specified information within the required time | 500 |
| 3 | 5(1) and (4) | Failure to provide the specified information within the required time | 500 |
| 4 | 5(5) | Failure to provide the specified notification and information within the required time | 500 |
| 5 | 6 | Failure to provide the specified information within the required time | 500 |
| 6 | 7 | Failure to provide the specified information within the required time | 500 |
| 7 | 8(1) | Failure to provide the specified information within the required time | 500 |
| 8 | 10 | Failure to provide the specified information within the required time | 500 |
| 9 | 11 | Failure to provide the specified information within the required time | 500 |
| 10 | 12(1) | Failure to provide the specified information within the required time | 500 |
| 11 | 13 | Failure to keep the specified information at the specified place for the specified period | 500 |
| 12 | 14(1) | Failure to include the required information and certification | 500 |
| 13 | 14(2) | Failure to send the specified information in the specified manner | 500 |
| 14 | 14(3) | Failure to identify a person resident in Canada that is authorized to act on one’s behalf | 500 |
PART XXV
| Item | Column I Provision of Products Containing |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 8(1) to (4) | Failure to indicate the specified information in the specified manner | 500 |
| 2 | 9 | Failure to indicate the symbol Hg in the specified manner | 500 |
| 3 | 12 | Failure to submit the specified report within the required time | 500 |
| 4 | 13 | Failure to submit the specified information in the specified manner | 500 |
| 5 | 14(1) | Failure to maintain the specified records | 500 |
| 6 | 14(2) | Failure to keep the specified records and documents for the specified period | 500 |
| 7 | 15 | Failure to keep the specified documentation for the specified period | 500 |
| 8 | 16(1) | (a) Failure to keep the specified documentation at one of the specified places | 500 |
| (b) Failure to provide the specified address to the Minister | 500 | ||
| 9 | 16(2) | Failure to notify the Minister of a change of address within the required time | 500 |
PART XXVI
| Item | Column I Provision of Prohibition of Asbestos and Products Containing Asbestos Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 9(2) | Failure to submit the specified report regarding the importation of military equipment within the required time | 500 |
| 2 | 10(3)(a) | Failure to prepare and implement the specified plan regarding the servicing of military equipment | 500 |
| 3 | 10(3)(b) | Failure to submit the specified report regarding the servicing of military equipment within the required time | 500 |
| 4 | 11(3)(a) | Failure to prepare and implement the specified plan regarding the servicing of equipment at a nuclear facility | 500 |
| 5 | 11(3)(b) | Failure to submit the specified report regarding the servicing of equipment at a nuclear facility within the required time | 500 |
| 6 | 12(2)(a) | Failure to prepare and implement the specified plan regarding a museum display | 500 |
| 7 | 12(2)(b) | Failure to submit the specified report regarding a museum display within the required time | 500 |
| 8 | 13(2) | Failure to prepare and implement the specified plan regarding laboratory use | 500 |
| 9 | 13(3) | Failure to submit the specified report regarding laboratory use within the required time | 500 |
| 10 | 14(3) | Failure to submit the specified report regarding use in a chlor-alkali facility within the required time | 500 |
| 11 | 14(4) | Failure to ensure that each container is labelled in the specified manner | 500 |
| 12 | 16(6) and 22 | Failure to submit the specified report within the required time | 500 |
| 13 | 17(6) and 22 | Failure to submit the specified report within the required time | 500 |
| 14 | 18(6) and 22 | Failure to submit the specified report within the required time | 500 |
| 15 | 19(6) and 22 | Failure to submit the specified report within the required time | 500 |
| 16 | 20(6) and 22 | Failure to submit the specified report within the required time | 500 |
| 17 | 21(6) and 22 | Failure to submit the specified report within the required time | 500 |
| 18 | 24 | Failure to submit the specified documentation in the specified manner | 500 |
| 19 | 25(1) | Failure to keep a record containing the specified documentation for the specified period | 500 |
| 20 | 25(2) | Failure to keep a record containing the specified documentation for the specified period | 500 |
| 21 | 25(3) | Failure to keep the specified records at a specified place | 500 |
| 22 | 25(4) | Failure to notify the Minister of the new location of records within the required time | 500 |
PART XXVII
| Item | Column I Provision of Prohibition of Certain Toxic Substances Regulations, 2012 |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 3(2) | Failure to submit the specified information within the required time | 500 |
| 2 | 3(3) | Failure to submit the specified information within the required time | 500 |
| 3 | 12 | Failure to submit the specified report within the required time | 500 |
| 4 | 14 | (a) Failure to submit information in the specified manner | 500 |
| (b) Failure to submit a permit application in the specified manner | 500 | ||
| 5 | 15(1) | Failure to keep a specified record for the specified period | 500 |
| 6 | 15(2) | Failure to keep a record at a specified place | 500 |
| 7 | 15(3) | Failure to notify the Minister of the new location of the records within the required time | 500 |
PART XXVIII
| Item | Column I Provision of Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 16(2) | Failure to send the specified auditor’s report in the specified manner | 500 |
| 2 | 21(1) | Failure to send the specified annual report within the required time | 500 |
| 3 | 21(3) | Failure to notify the Minister of a permanent cessation of electricity generation within the required time | 500 |
| 4 | 21(5) | Failure to notify the Minister of a change to the annual report within the required time | 500 |
| 5 | 22(1) | Failure to send the specified performance test report within the required time | 500 |
| 6 | 22(2) | Failure to send the specified performance test verifier’s report within the required time | 500 |
| 7 | 23 | Failure to send the specified documentation in the specified manner | 500 |
| 8 | 24 | Failure to make the specified record within the required time | 500 |
| 9 | 25 | Failure to keep the specified documentation at the specified place for the specified period | 500 |
PART XXIX
| Item | Column I Provision of Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 6 | Failure to make the specified record in respect of conservation equipment | 500 |
| 2 | 8 | Failure to make the specified record in respect of hydrocarbon gas | 500 |
| 3 | 10 | Failure to make the specified record in respect of destruction equipment | 500 |
| 4 | 12 | Failure to make the specified record in respect of hydraulic fracturing | 500 |
| 5 | 19(1) | Failure to make the specified record in respect of a compressor | 500 |
| 6 | 19(2) | Failure to make the specified record in respect of measurements made by a flow meter | 500 |
| 7 | 19(3) | Failure to make the specified record in respect of measurements made by a continuous monitoring device | 500 |
| 8 | 19(4) | Failure to make the specified record in respect of a corrective action | 500 |
| 9 | 21 | Failure to make a record of the specified information | 500 |
| 10 | 22 | Failure to make a record of the specified information | 500 |
| 11 | 25 | Failure to make a record of the specified information | 500 |
| 12 | 28(2) | Failure to make the specified record in respect of an equipment component | 500 |
| 13 | 29(2) | Failure to notify the Minister without delay of the establishment of an alternative leak detection and repair program | 500 |
| 14 | 36(1) | Failure to make the specified record in respect of a regulatory leak detection and repair program | 500 |
| 15 | 36(2) | Failure to make the specified record in respect of an alternative leak detection and repair program | 500 |
| 16 | 36(3) | Failure to keep a copy of the specified operation and maintenance documentation | 500 |
| 17 | 44 | Failure to make a record of the specified information | 500 |
| 18 | 48(1) | Failure to make the specified record in respect of the annual volume of vented hydrocarbon gas | 500 |
| 19 | 48(2) | Failure to make the specified record in respect of vented hydrocarbon gas arising from an emergency situation | 500 |
| 20 | 51(a) | Failure to make the specified record concerning a specified compressor | 500 |
| 21 | 51(b) | Failure to make the specified record concerning a specified compressor | 500 |
| 22 | 53 | Failure to make the specified record concerning the detection and repair of leaks | 500 |
| 23 | 54(1) and (2) | Failure to provide the specified registration report within the required time | 500 |
| 24 | 54(3) | Failure to send the specified notice within the required time | 500 |
| 25 | 56(1) | (a) Failure to make a specified record within the required time | 500 |
| (b) Failure to update a specified record within the required time | 500 | ||
| 26 | 56(2) | Failure to keep a specified record for the specified period | 500 |
| 27 | 56(3) | Failure to keep a specified record for the specified period | 500 |
| 28 | 56(4) | Failure to keep a specified record for the specified period | 500 |
| 29 | 56(5) | Failure to keep a specified document for the specified period | 500 |
| 30 | 56(6) | Failure to keep the specified records and documents at the specified place | 500 |
PART XXX
| Item | Column I Provision of Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 4(1) | Failure to register a new unit in the specified manner within the required time |
500 |
| 2 | 4(3) | Failure to send the specified notice regarding a change of information or decommissioning within the required time | 500 |
| 3 | 11 | Failure to provide the specified implementation report within the required time | 500 |
| 4 | 12 | Failure to send the specified notice without delay | 500 |
| 5 | 15 | Failure to send the specified annual report within the required time | 500 |
| 6 | 16 | Failure to send the specified documentation in the specified manner | 500 |
| 7 | 17 | Failure to make a specified record within the required time | 500 |
| 8 | 18(1) | (a) Failure to keep the specified documentation at a specified place for the specified period | 500 |
| (b) Failure to provide the Minister with the specified address | 500 | ||
| 9 | 18(2) | Failure to notify the Minister of a change in address within the required time | 500 |
| 10 | 26(4) | Failure to send the specified auditor’s report with the annual report | 500 |
PART XXXI
| Item | Column I Provision of Tributyltetradecylphosphonium Chloride Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 5 | Failure to maintain the specified books and records regarding quantities manufactured at the specified place for the specified period | 500 |
| 2 | 6 | Failure to maintain a copy of the specified export declaration at the specified place for the specified period | 500 |
| 3 | 7(b) | Failure to maintain a copy of the specified incineration documents at the specified place for the specified period | 500 |
| Item | Column I Provision of Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 11.1 | 27 | Failure to make the specified record regarding volumes of hydrocarbon gas | 500 |
| Item | Column I Provision of Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 16.1 | 38 | Failure to make the specified record in respect of a pneumatic controller | 500 |
| 16.2 | 39(2) | Failure to demonstrate the quantity of liquid pumped in the specified manner | 500 |
| 16.3 | 41 | Failure to tag or make an entry regarding a pneumatic controller or pneumatic pump in the specified manner | 500 |
17 Schedule I.3 to the Regulations is amended by adding the following after Part XXXI:
PART XXXII
| Item | Column I Provision of Formaldehyde Emissions from Composite Wood Products Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 8(2)(a) and (b) | Failure to perform the specified selection and testing at the specified frequency | 500 |
| 2 | 8(2)(c) | Failure to perform the specified selection and testing in the specified circumstances | 500 |
| 3 | 8(3) | Failure to perform the specified verification at the specified frequency | 500 |
| 4 | 10(2) | Failure to select the specified specimens and to perform and verify the specified tests over the specified period | 500 |
| 5 | 10(4) | Failure to select the specified specimen and to perform and verify the specified test at the specified frequency | 500 |
| 6 | 11(2) | Failure to select the specified specimens and to perform and verify the specified tests over the specified period | 500 |
| 7 | 11(4) | Failure to select the specified specimen and to perform and verify the specified test at the specified frequency | 500 |
| 8 | 11(6) | Failure to select the specified specimens and to perform and verify the specified tests at the specified frequency | 500 |
| 9 | 16(5) | Failure to provide written notice of non-compliance to a purchaser within the required time | 500 |
| 10 | 16(6) | Failure to provide written notice of non-compliance to the Minister within the required time | 500 |
| 11 | 19(2) | Failure to include the specified information in the declaration of certification | 500 |
| 12 | 20(1) | Failure to ensure that the specified label is affixed to a composite wood panel, the bundle that contains it or its packaging | 500 |
| 13 | 20(2) | Failure to maintain a copy of the specified label and make the specified information available | 500 |
| 14 | 21(1) | Failure to ensure that the specified label is affixed to a specified product, the bundle that contains it or its packaging | 500 |
| 15 | 21(2) | Failure to retain a copy of the specified label and make the specified information available | 500 |
| 16 | 24 | Failure to affix the specified label in the specified form and manner | 500 |
| 17 | 25 | Failure to include the information on the specified label in the specified manner | 500 |
| 18 | 26(1) | Failure to maintain the specified record | 500 |
| 19 | 26(2) | Failure to retain the specified information and documents at a specified place for the specified period | 500 |
| 20 | 26(3) | Failure to provide the specified information and documents | 500 |
| 21 | 26(4) | Failure to make available to a purchaser the specified information or documents | 500 |
| 22 | 26(5) | Failure to provide the specified information | 500 |
| 23 | 26(6) | Failure to provide the specified information in the specified manner within the required time | 500 |
| 24 | 27(1) | Failure to maintain the specified record | 500 |
| 25 | 27(2) | Failure to retain the specified information and documents at the specified place for the specified period | 500 |
| 26 | 27(3) | Failure to provide the specified information and documents | 500 |
| 27 | 28(1) | Failure to maintain the specified record | 500 |
| 28 | 28(2) | Failure to retain the specified information and documents at the specified place for the specified period | 500 |
| 29 | 28(3) | Failure to provide the specified information and documents | 500 |
| 30 | 28(4) | Failure to provide the specified information | 500 |
| 31 | 28(5) | Failure to provide the specified information in the specified manner within the required time | 500 |
| 32 | 29(1) | Failure to retain the specified declaration of certification | 500 |
| 33 | 29(3) | Failure to retain the specified documents and information | 500 |
| 34 | 29(4) | Failure to retain the specified documents and information at the specified place for the specified period | 500 |
| 35 | 29(5) | Failure to provide the specified documents and information | 500 |
| 36 | 29(6) | Failure to provide the specified information | 500 |
| 37 | 29(7) | Failure to provide the specified information in the specified manner within the required time | 500 |
| 38 | 30(1) | Failure to retain the specified declaration of certification | 500 |
| 39 | 30(3) | Failure to retain the specified declaration of certification at the specified place for the specified period | 500 |
| 40 | 31(1) | Failure to provide the specified information | 500 |
| 41 | 31(2) | Failure to provide the specified information within the required time | 500 |
| 42 | 31(3) | Failure to provide the updated information within the required time | 500 |
18 Schedule XVII to the Regulations is amended by replacing the reference after the heading “SCHEDULE XVII” with the following:
(Sections 1 to 4)
Coming into Force
19 (1) These Regulations, except sections 15 to 17, come into force on the day on which they are registered.
(2) Sections 15 and 16 come into force on January 1, 2023.
(3) Section 17 comes into force on January 7, 2023.
SCHEDULE
(Section 4)
SCHEDULE I.2
(Sections 1 to 4)
Canada Wildlife Act
PART I
| Item | Column I Provision of Wildlife Area Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 3(1)(a) | Introducing into a wildlife area a living organism likely to result in harm to wildlife or degradation of wildlife residence or habitat | 300 |
| 2 | 3(1)(b) | Hunting, fishing or trapping in a wildlife area | 200 |
| 3 | 3(1)(c) | Possessing, in a wildlife area, equipment that could be used for hunting, fishing, or trapping | 200 |
| 4 | 3(1)(d) | Possessing lead sinkers or lead jigs while fishing in a wildlife area | 200 |
| 5 | 3(1)(e) | (a) Possessing, in a wildlife area, wildlife or a carcass or any part of those things | 200 |
| (b) Possessing, in a wildlife area, a nest or egg or any part of those things | 150 plus 50 per additional nest or egg | ||
| 6 | 3(1)(f) | Carrying on agricultural activity, grazing livestock or harvesting a natural or cultivated crop in a wildlife area | 300 |
| 7 | 3(1)(g) | Bringing a domestic animal with hooves into a wildlife area | 200 |
| 8 | 3(1)(h) | Allowing a domestic animal to run at large or keeping it on a leash longer than 3 m in a wildlife area | 300 |
| 9 | 3(1)(i) | Carrying on a recreational activity in a wildlife area | 150 |
| 10 | 3(1)(j) | Participating in a group meal or event of 15 or more people in a wildlife area | 200 |
| 11 | 3(1)(k) | Lighting or maintaining a fire in a wildlife area |
300 |
| 12 | 3(1)(l) | Operating a conveyance in a wildlife area | 200 |
| 13 | 3(1)(m) | Conducting take-off or landing of an aircraft in a wildlife area | 200 |
| 14 | 3(1)(n) | Operating or setting in motion a self-propelled device in a wildlife area | 200 |
| 15 | 3(1)(o) | Removing, damaging or destroying a poster or sign, or a fence, building or other structure, in a wildlife area | 200 |
| 16 | 3(1)(p) | Selling or offering for sale goods or services in a wildlife area | 300 |
| 17 | 3(1)(q) | Carrying on industrial activity in a wildlife area | 300 |
| 18 | 3(1)(r) | Disturbing or removing soil, sand, gravel or other material in a wildlife area | 300 |
| 19 | 3(1)(s) | Dumping or depositing, in a wildlife area, a specified waste material or substance | 300 |
| 20 | 3(1)(t) | Removing, damaging or destroying an artifact or natural object in a wildlife area | 200 |
| 21 | 3(1)(u) | Carrying out, in a wildlife area, an activity likely to disturb, damage, destroy or remove any wildlife, wildlife residence or wildlife habitat | 300 |
| 22 | 3(2) | Hunting or fishing from outside a wildlife area, without a permit, for wildlife located in the wildlife area | 200 |
| 23 | 3.1(3) | Carrying out a specified activity outside of the specified period | 200 |
| 24 | 3.3(1) | Entering a specified wildlife area without a permit | 100 |
| 25 | 3.3(2) | Entering a specified wildlife area without a permit during the specified period | 100 |
| 26 | 3.8(4) | Entering a wildlife area that is temporarily closed | 100 |
| 27 | 5(a) | Failure to possess a copy of the specified permit in a wildlife area | 100 |
| 28 | 5(b) | Failure to show a copy of the specified permit on request | 100 |
| 29 | 8.1(3) | Failure to comply with permit conditions | 100 |
| 30 | 8.2 | Unauthorized hunting of migratory game birds in the Cap-Tourmente National Wildlife Area | 300 |
PART II
| Item | Column I Provision of Scott Islands Protected Marine Area Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 2(1)(a) | Carrying out activity likely to disturb, damage, destroy or remove wildlife or habitat in the Protected Marine Area | 300 |
| 2 | 2(1)(b) | Dumping or discharging waste material or substance likely to harm wildlife or degrade wildlife habitat in the Protected Marine Area | 300 |
| 3 | 2(1)(c) | Introducing a living organism likely to harm wildlife or degrade wildlife habitat in the Protected Marine Area | 300 |
| 4 | 2(1)(d) | Flying aircraft above the flight restriction zone at altitude below 3500 feet above mean sea level | 300 |
| 5 | 2(1)(e) | Being within 300 m of the low mater mark of the specified islands | 300 |
| 6 | 2(1)(f) | Anchoring a specified vessel within one nautical mile of the low water mark of the specified islands | 300 |
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
In order to allow the enforcement of offences contained in regulations made under the Canadian Environmental Protection Act, 1999 (CEPA, 1999) and offences contained in regulations made under the Canada Wildlife Act through the ticketing procedure established under the Contraventions Act, the offences must be included in the Contraventions Regulations. These acts, and the regulations made under them, set requirements around the protection of the environment, wildlife and human health.
The ticketing procedure established under the Contraventions Act, known as the Contraventions Regime, provides a way to enforce minor offences without having to appear in court. It is therefore more reasonable and efficient to use the Contraventions Regime.
Further, the need for a number of minor technical amendments to the Contraventions Regulations have been identified by internal reviews.
Background
Enacted in 1992, the Contraventions Act provides an alternative to the summary conviction procedure set out in the Criminal Code for the prosecution of certain federal offences. This procedure reflects the distinction between criminal offences and regulatory offences. It allows enforcement authorities to commence the prosecution of a contravention by means of a ticket with the option of voluntary payment of the prescribed fine, therefore avoiding the longer and more costly summary conviction procedure set out in the Criminal Code. This spares the offender from the legal ramifications of a Criminal Code conviction (such as a criminal record) while ensuring that court and criminal justice resources can be focussed on the prosecution of more serious offences. This ticketing procedure is a more reasonable and effective approach for relatively minor infractions, and provides for fines that are more proportionate to the seriousness of these offences.
Made under section 8 of the Contraventions Act, the Contraventions Regulations identify which federal offences are designated as contraventions, provide a short-form description and prescribe the amount of the fine for each of these contraventions. The short-form description is reproduced on the ticket given to the offender.
The enforcement of certain offences made under regulations of the CEPA, 1999 and the Canada Wildlife Act is already done through the ticketing regime under the Contraventions Act. Schedules I.2 and I.3 to the Contraventions Regulations identify these offences and provide a short-form description as well as the amount of the fine for each contravention.
Objective
These amendments to the Contraventions Regulations are made in order to expand the list of offences contained in regulations made under the CEPA, 1999 and the Canada Wildlife Act, which could be prosecuted by means of a contraventions ticket, therefore providing enforcement officers with an appropriate enforcement tool to ensure compliance.
Furthermore, technical amendments are made in order to ensure that wording, as well as certain references and headings, accurately reflect that of the substantive regulations, and to simplify the English version of certain provisions of the Contraventions Regulations for greater clarity.
Description
The amendments to the Contraventions Regulations are described as follows:
Schedule I.3
Part XV has been renamed Environmental Emergency Regulations, 2019 in order to reflect the repeal and replacement of the Environmental Emergency Regulations.
The amendments also designate as contraventions, approximately 266 offences contained in the following regulations:
- Asbestos Mines and Mills Release Regulations
- Benzene in Gasoline Regulations
- Ozone-depleting Substances and Halocarbon Alternatives Regulations
- Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations
- Secondary Lead Smelter Release Regulations
- Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
- 2-Butoxyethanol Regulations
- PCB Regulations
- Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
- Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations
- Export of Substances on the Export Control List Regulations
- Multi-Sector Air Pollutants Regulations
- New Substances Notification Regulations (Chemicals and Polymers)
- Products Containing Mercury Regulations
- Prohibition of Asbestos and Products Containing Asbestos Regulations
- Prohibition of Certain Toxic Substances Regulations, 2012
- Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity
- Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)
- Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations
- Tributyltetradecylphosphonium Chloride Regulations
- Formaldehyde Emissions from Composite Wood Products Regulations
- Environmental Emergency Regulations, 2019
The contraventions pertain to various administrative requirements on owners or operators of certain facilities or equipment, or for persons manufacturing, importing, exporting, recycling, selling or using certain products or substances, including the requirement to submit notices or reports to the Minister of Environment and Climate Change or preparing and testing environmental emergency plans if certain thresholds are met. The set fine amounts for all of these contraventions is $500.
The following are examples of offences that are now designated as contraventions, along with their short-form description:
Benzene in Gasoline Regulations
Paragraph 10(b): Failure to retain in Canada the specified records and related evidence for the required time.
Ozone-depleting Substances and Halocarbon Alternatives Regulations
Section 72: Failure to submit the specified annual report within the required time.
Environmental Emergency Regulations, 2019
Section 7: Failure to conduct the specified simulation exercise within the required time.
Section 9: Failure to submit the specified notice regarding simulation exercises within the required time.
Schedule I.2
Technical amendments are made in order to update the numbering and wording of existing contraventions to reflect the updated numbering and text of the Wildlife Area Regulations following amendments to those regulations in 2020. These amendments are technical in nature and do not amend the nature nor the fine amount of the existing contraventions.
The amendments also designate as new contraventions 10 offences contained in the Wildlife Area Regulations which were not previously designated as contraventions, as well as 6 offences contained in the Scott Islands Protected Marine Area Regulations. The offences designated as contraventions prohibit dangerous, damaging or harmful conduct in a wildlife area or in the Scott Islands Protected Marine Area. The amount of the fines for the contraventions ranges from $100 to $300.
The following are examples of provisions that are now designated as contraventions, along with their short-form description and set fine amount:
Wildlife Area Regulations
Paragraph 3(1)(a): Introducing into a wildlife area a living organism likely to result in harm to wildlife or degradation of wildlife residence or habitat; $300.
Subsection 3(2): Hunting or fishing from outside a wildlife area, without a permit, for wildlife located in the wildlife area; $200.
Scott Islands Protected Marine Area Regulations
Paragraph 2(1)(c): Introducing a living organism likely to harm wildlife or degrade wildlife habitat in the Protected Marine Area; $300.
Paragraph 2(1)(f): Anchoring a specified vessel within one nautical mile of the low water mark of the specified islands; $300.
Other amendments — Technical in nature
An amendment is made to correct the reference after the heading of Schedule XVII to read “(Sections 1 to 4)”, in order to accurately reflect that the schedule refers to sections 1 to 4 of the regulations.
In addition, amendments are made to simplify the English version of the text of sections 2, 3 and 4 of the regulations for greater clarity. The amendments do not change the substance of the provisions.
Regulatory development
Consultation
Environment and Climate Change Canada (ECCC) conducted a 30-day consultation from April 21, 2022, to May 31, 2022, on the Government’s online consultation portal “Consulting with Canadians.” Information provided described the objectives of the proposed amendments to the Contraventions Regulations, the designation of offences as contraventions and the enforcement through the Contraventions Regime ticketing procedure.
ECCC received one question from Canada’s Oil and Natural Gas Producers (CAPP) seeking additional information about the proposed contraventions pertaining to the Multi-Sector Air Pollutants Regulations and the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector), regulations made under CEPA, 1999. ECCC provided examples of the types of ticketable offences involved, such as the failure to prepare and submit the required reports or the regular submission of information, and the proposed fine of $500 for all of these violations, which is consistent with the fines for offences of regulations made under CEPA, 1999 already included in the Contraventions Regulations. No further comments or questions were received following this communication.
No questions or comments were received in regards to the designation of offences as contraventions under the Canada Wildlife Act regulations.
These amendments to the Contraventions Regulations do not create new offences nor do they impose any new restrictions or burdens. They designate existing offences as contraventions in order to allow enforcement officers to use the Contraventions Act ticketing regime as an enforcement tool. As such, these amendments were not prepublished in the Canada Gazette, Part I.
Modern treaty obligations and Indigenous engagement and consultation
An initial assessment of modern treaties was undertaken. The assessment did not identify any modern treaty implications or obligations.
Instrument choice
In order to have these offences enforced through the Contraventions Regime and to allow enforcement officers to issue contraventions tickets for these offences, they must be designated as contraventions and included in the Contraventions Regulations. Therefore, no non-regulatory options were considered.
The Contraventions Regulations have been amended multiple times in order to designate new contraventions and to reflect amendments made to Acts and regulations creating the offences.
Regulatory analysis
Benefits and costs
The designation of offences as contraventions provides enforcement officers with an appropriate and efficient enforcement tool to enforce the provisions of regulations made under the Canadian Environmental Protection Act, 1999 and the Canada Wildlife Act. Prior to this, enforcement officers could only enforce these new contraventions by issuing a warning or by proceeding under the summary conviction procedure of the Criminal Code.
Simple warnings may not always be considered as an effective tool that deters non-compliance and the Criminal Code summary conviction procedure to enforce minor offences may be seen as disproportionate to the nature of the offence. The Contraventions Regime will allow enforcement officers to use a more graduated approach to enforcement that reflects the severity of each infraction.
While there 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 divert designated offences from 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 dedicated for monitoring and control efforts. Furthermore, offenders will be subject to a process that is more appropriate and proportionate to the nature of the offence. The offender can pay the fine and avoid the burden of having to appear in court or, should they choose to plead not guilty, the ticket can be contested in court.
Costs incurred by the provinces in the administration of federal contraventions are deducted from the revenues generated by the payment of fines, making the Contraventions Regime cost neutral. The surplus fine revenues are shared equally between the federal and provincial governments. The agreements signed with the provinces include clauses to that effect.
Generally, issuing contraventions tickets is more costly than relying on warnings or simply not enforcing the offences. However, those are not meaningful alternatives to the Contraventions Regime. The Contraventions Act provides enforcement officers with a quick and convenient process to lay charges by means of tickets. As a court appearance is not required where the accused voluntarily pays the set fine, the result is savings in terms of prosecution costs and time spent by enforcement officers preparing for court. The actual payment of fines is not considered a cost since individuals whose activities are contrary to prevailing laws and regulations do not have standing (i.e. whether the costs should count) in this context.
Training on the Contraventions Regime is provided by the Department of Justice in collaboration with client departments, provincial court service counterparts and the Public Prosecution Service of Canada at the request of client departments on a need basis. The costs associated with this training are integral to ongoing activities and are generally not dependent on any one specific amendment to the Contraventions Regulations.
Small business lens
Analysis under the small business lens concluded that the proposal will not impact Canadian small businesses.
One-for-one rule
The one-for-one rule does not apply to this initiative, as there is no incremental change in administrative burden on business.
Regulatory cooperation and alignment
These amendments are not related to a work plan or commitment under a formal regulatory cooperation forum.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus (GBA+)
No differential impacts are expected on the basis of gender or other identity factors as these amendments do not create new requirements or burdens on individuals; they merely designate existing offences as contraventions.
It is important to note that the purpose of the Contraventions Act is to ensure that the enforcement of offences designated as contraventions will be less onerous on the offender and more proportionate and appropriate to the seriousness of the offence when compared to the procedure set out in the Criminal Code.
Rationale
The amendments to the Contraventions Regulations enable the reasonable enforcement of offences contained in regulations made under the Canadian Environmental Protection Act, 1999 and offences contained in regulations made under the Canada Wildlife Act, while ensuring consistency of enforcement with similar types of offences.
Implementation, compliance and enforcement, and service standards
Implementation
These regulations come into force on the day on which they are registered, with the exception of sections 15 to 17.
Sections 15 and 16 of these regulations come into force on January 1, 2023. Section 15 amends Part XXIX of Schedule I.3 in order to designate as a contravention an offence contained in the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) by adding it after item 11. Section 16 amends Part XXIX of Schedule I.3 in order to designate as contraventions three offences contained in the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) by adding them after item 16. The delayed coming into force of sections 15 and 16 is to align with the coming into force of the sections of the substantive regulations being designated as contraventions, which come into force on the same day.
Section 17 comes into force on January 7, 2023. Section 17 amends Schedule I.3 by adding Part XXXII after Part XXXI, which designates as contraventions offences of the Formaldehyde Emissions from Composite Wood Products Regulations. The delayed coming into force is to align with the coming into force of the Formaldehyde Emissions from Composite Wood Products Regulations, which come into force on the same day.
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
Justice Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8