EXTRA Vol. 144, No. 2

Canada Gazette

Part II

OTTAWA, FRIDAY, FEBRUARY 5, 2010

Registration
SOR/2010-15 January 26, 2010

CONTRAVENTIONS ACT

Regulations Amending the Contraventions Regulations

P.C. 2010-92 January 26, 2010

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

REGULATIONS AMENDING THE CONTRAVENTIONS REGULATIONS

AMENDMENTS

1. Part I of Schedule I.1 to the Contraventions Regulations (see footnote 1) is replaced by the following:

PART I

CANADA SHIPPING ACT, 2001

Item	Column I Provision of Canada Shipping Act, 2001	Column II Short-Form Description	Column III Fine ($)
1.	129(1)	Failing to report running down, movement, damaging or destruction of aid to navigation	500
2.	129(2)	Failing to report uncharted hazard to navigation or missing, out of position or malfunctioning aid to navigation	500
3.	148(b)	Failing, after a collision, to give name of vessel or name and address of authorized representative to master or person in charge of other vessel	250
4.	155(1)(a)	(a) Failing to report possession of wreck to receiver of wreck when owner of wreck unknown	400
		(b) Failing to provide information or documents requested by receiver of wreck	400
5.	155(1)(b)	Failing to take measures directed by receiver of wreck	400
6.	157	(a) Possessing unreported wreck	400
		(b) Concealing unreported wreck	400
		(c) Destroying unreported wreck	400
		(d) Selling unreported wreck	400
7.	187	Discharging a prescribed pollutant	250
8.	196(5)(a)	Failing to give officer or inspector reasonable assistance — owner, person in charge or person on board pleasure craft	250
9.	196(5)(b)	Failing to produce document or information to officer or inspector — Owner, person in charge or person on board pleasure craft	250
10.	197(2)	Selling pleasure craft in the course of a commercial enterprise without required plate or label	500
11.	198(2)	Failing to give officer or inspector reasonable assistance — importer, manufacturer or vendor of pleasure craft or owner or person in charge of place where pleasure craft is located	500
12.	198(2)	Failing to produce document or information to officer or inspector — importer, manufacturer or vendor of pleasure craft or owner or person in charge of place where pleasure craft is located	500
13.	202(1)	(a) Operating unlicensed pleasure craft — owner	250
		(b) Permitting operation of unlicensed pleasure craft — owner	250
14.	202(2)	(a) Operating pleasure craft without transferring licence — new owner	250
		(b) Permitting operation of pleasure craft without transferring licence — new owner	250
15.	204	(a) Operating licensed pleasure craft on which licence number not marked and maintained in the specified form and manner	100
		(b) Permitting operation of licensed pleasure craft on which licence number not marked and maintained in the specified form and manner	100
16.	205	(a) Defacing licence number on pleasure craft	250
		(b) Altering licence number on pleasure craft	250
		(c) Concealing licence number on pleasure craft	250
		(d) Removing licence number on pleasure craft	250

2. Part I.1 of Schedule I.1 to the Regulations is repealed.

3. The portion of items 1 to 11 in Part I.2 of Schedule I.1 to the Regulations in Column III is replaced by the following:

Item	Column III Fine ($)
1.	200
2.	200
3.	200
4.	200
5.	200
6.	200
7.	200
8.	250
9.	250
10(a)	250
10(b)	250
10(c)	250
10(d)	250
11.	250

4. Part I.2 of Schedule I.1 to the Regulations is amended by adding the following after item 9:

Item	Column I Provision of Vessel Operation Restriction Regulations	Column II Short-Form Description	Column III Fine ($)
9.1	7	Failing to remove unauthorized sign	250
9.2	8(1)	Failing to ensure sign is in proper form	250
9.3	10(a)	Removing authorized sign	250

5. Part I.2 of Schedule I.1 to the Regulations is amended by adding the following after item 11:

Item	Column I Provision of Vessel Operation Restriction Regulations	Column II Short-Form Description	Column III Fine ($)
11.1	11(1)	Holding event or activity in prescribed waters that interferes with safe and efficient navigation	250
11.2	11(2)	Holding event or activity in prescribed waters without permit	500
11.3	11(3)	Holding event or activity during which speed limit exceeded in prescribed waters without permit	500
11.4	14(1)	Anchoring in False Creek without permit longer than 8 hours during day or outside permitted hours	250
11.5	15(1)	Operating vessel in an unsafe manner	500
11.6	15(2)	Operating vessel in a manner that interferes with an event or activity	250

6. Items 66 to 67 in Part II of Schedule I.1 to the Regulations are repealed.

7. (1) Item 71(a) in Part II of Schedule I.1 to the Regulations is repealed.

(2) Item 71(c) in Part II of Schedule I.1 to the Regulations is repealed.

8. Items 72(a) to (c) in Part II of Schedule I.1 to the Regulations are repealed.

9. Part III of Schedule I.1 to the Regulations is replaced with the following:

PART III

COLLISION REGULATIONS

Item	Column I Rule of Schedule 1 to Collision Regulations	Column II Short-Form Description	Column III Fine ($)
1.	20(b)	(a) Exhibiting, from sunset to sunrise, light that can be mistaken for prescribed lights	150
		(b) Exhibiting, from sunset to sunrise, light that impairs visibility or distinctive character of prescribed lights	150
		(c) Exhibiting, from sunset to sunrise, light that interferes with keeping of proper look-out	150
2.	23(a)(i)	Failing to exhibit masthead light forward on power-driven vessel underway	150
3.	23(a)(iii)	Failing to exhibit sidelights on power-driven vessel underway	150
4.	23(a)(iv)	Failing to exhibit sternlight on power-driven vessel underway	150
5.	25(a)(i)	Failing to exhibit sidelights on sailing vessel underway	150
6.	25(a)(ii)	Failing to exhibit sternlight on sailing vessel underway	150
7.	25(c)	Exhibiting red and green all-round lights in a vertical line in conjunction with a combined lantern on sailing vessel	150
8.	25(e)	Failing to exhibit forward conical shape, apex downward on vessel under sail also propelled by machinery	150
9.	27(e)(i)	Failing to exhibit, during diving operations, three all-round lights in vertical line in prescribed manner	150
10.	27(e)(ii)	Failing to exhibit, during diving operations, rigid replica of International Code flag “A”, visible all-round, in prescribed manner	150
11.	30(a)(i)	Failing to exhibit, at anchor, all-round white light or one ball where it can best be seen in fore part	150
12.	30(a)(ii)	Failing to exhibit, at anchor, all-round white light at or near stern in prescribed manner	150
13.	33(a)	(a) Failing to have prescribed whistle — vessel 12 m or more	150
		(b) Failing to have prescribed bell or other equipment having the same sound characteristics — vessel 20 m or more	150
14.	33(b)	Failing to have whistle or efficient sound signal — vessel less than 12 m	150
15.	Annex IV, s. 2	(a) Using prescribed distress signal for purpose other than to indicate distress or need of assistance	150
		(b) Using signal that may be confused with prescribed distress signal	150

COMING INTO FORCE

10. 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.)

Issue and objectives

This amendment addresses the following issues:

1. Increases the fine amounts for certain existing contraventions and designates as contraventions additional offences under the Vessel Operation Restriction Regulations.

2. Designates as contraventions offences under the new Canada Shipping Act, 2001 and repeals existing contraventions which are no longer consistent with that Act.

3. Amends existing contraventions under the Collision Regulations.

The general objective of this amendment is to ensure that all enforcement partners in marine safety across Canada, namely police forces and other designated enforcement agencies, can effectively carry out their mandate at the beginning of the 2010 boating season. Indeed, the Contraventions Regulations needed to be amended to prevent the issuance of tickets that would be defective on account that the legal foundation of some contraventions such as contraventions relating to pleasure craft licensing, compliance notices, providing assistance to an enforcement officer, interfering with wrecked vessels is no longer found in regulations but in the CanadaShipping Act, 2001, itself.

Furthermore, the Contraventions Regulations needs also to be amended prior to February 2010, to designate as a contravention the offence of anchoring in False Creek without a permit. False Creek is the only reasonable anchorage within the vicinity of the City of Vancouver and is immediately adjacent to much of the Vancouver-based activities of the 2010 Winter Olympic Games. Such a designation is made at the request of the City of Vancouver as it is imperative that the Vancouver City Police be able to efficiently enforce the regulations pertaining to anchorage within False Creek.

Description and rationale

The Contraventions Act (the Act) was passed in October 1992 to establish a simplified procedure for prosecuting certain federal offences as an alternative to the summary conviction process under the Criminal Code. The Act provides that offences designated as “contraventions” may be prosecuted by means of a ticket.

The Contraventions Regulations are made pursuant to section 8 of the Act. These Regulations identify the federal offences that are designated as contraventions, establish for each of them a short-form description and an applicable fine. They have been amended numerous times since their coming into force to add new contraventions or to reflect changes to the enabling legislation.

The Contraventions Regulations are an essential element for the pursuit of the following three objectives underlying the Act: to decriminalize certain federal offences, to ease the courts’ workload and to improve the enforcement of federal legislation. These Regulations do not create new offences nor do they impose new restrictions or burdens on individuals or businesses. They are part of a system that ensures that the enforcement of the designated offences will be less onerous on the offender and more proportionate and appropriate to the seriousness of the violation. While there is no data from which one can draw a comparison, there is consensus among all key players that designating contraventions results in savings to the entire justice system and provides the public with a quicker and more convenient process for handling federal offences.

When the Contraventions Regulations were amended as a result of the replacement in 2008 of the Boating Restriction Regulations (BRR) by the Vessel Operating Restriction Regulations (VORR), fines for similar contraventions were kept the same. These fines are now at least 10 years out of date, and their impact has been offset by inflation. Police and stakeholder groups have indicated that increased fine amounts are necessary in order to ensure deterrence.

New offences are also designated as contraventions since the VORR contain offences that did not exist in the regulations they replaced. Therefore, this amendment to the Contraventions Regulations provides that

(a) The fine for speeding and for operating a vessel in waters where such operation is prohibited is increased from $100 to $200;

(b) The fines related to interfering with authorized signs is increased from $150 to $250;

(c) The fine for the new offence of “unsafe operation” under section 15 of the VORR is set at $500;

(d) The offence of holding a public or sporting event without a permit in waters where such a permit is required was previously set out in the BRR and the maximum fine was set at $500. This offence was brought forward into the new VORR, but the maximum penalty for offences under the VORR was established by the enabling statute at $100,000 or 1 year in prison. This offence is now designated as a contravention with a fine amount of $500.

(e) The fine for the new contravention of anchoring in False Creek without a permit is set at $250.

Since the Canada Shipping Act, 2001 now contains several offences that used to be found in regulations made under the former Canada Shipping Act, it is necessary to replace some existing contraventions found in the Contraventions Regulations to reflect their new legislative foundation. For instance, under section 3 of the Aids to Navigation Protection Regulations (ATNR), which first came into force in 1990, the penalty for failing to report running down or damaging a marine aid to navigation was set at $200. However, section 129 of the Canada Shipping Act, 2001 has superseded the ATNR and provides for a maximum penalty of $100,000 or imprisonment for one year or both. This amendment to the Contraventions Regulations set the fine at $500 for that contravention and strikes a balance between the penalties previously set by regulation, which was considered too low for the offence, and the penalties set out in the Canada Shipping Act, 2001.

Similarly, the failure to comply with the requirements or directions of an enforcement officer was a contravention under both the Vessel Operating Restriction Regulations and the Small Vessel Regulations. The fine for this contravention was set at $100. This offence is now found under subsection 196(5) of the Canada Shipping Act, 2001, which calls for a maximum penalty of $10,000 for violating this provision. This offence has been designated as a contravention and for which a fine amount of $500 is set.

Fines for contraventions relating to damaging, concealing or unlawful possession of a wreck are set at $400, which are identical to the former contraventions under the previous Canada Shipping Act. In addition, the Canada Shipping Act, 2001 also introduces a number of new offences related to pollution and failing to provide the name and address of the authorized representative of a vessel before leaving the scene of a collision. This amendment to the Contraventions Regulations designates these new offences as contraventions. The Canada Shipping Act, 2001 also sets the penalty for discharging a prescribed pollutant at $1,000,000 or 18 months in prison or both. It also sets the fine at $10,000 for failing to provide information to the other vessel involved in a collision. This amendment provides in both instances an alternative fine of $250, which will be more appropriate in responding to minor pollution occurrences or for failing to provide the necessary information.

The current short-form descriptions in relation to the Collision Regulations only apply to vessels less than 20 metres long. There is no longer a need to establish such a distinction. Consequently, the short-form descriptions for contraventions under the Collision Regulations are being amended to remove the 20-metre limitation. In addition, the fine amounts are increased from $100 to $150.

Since the coming into force in 2007 of the permit requirements for anchoring in False Creek, an interim solution was to depend on an enforcement officer’s authority to direct or prohibit the movement of an offending vessel under section 15 of the Vessel Operation Restriction Regulations. However, the Vancouver Police Department has found the enforcement of that provision cumbersome as it involved the summary conviction process of the Criminal Code with its mandatory court appearance. Therefore, it was decided to designate the offence of anchoring in False Creek as a contravention at the same time as the other new contraventions under the Vessel Operation Restriction Regulations.

To sum up, this amendment imposes no new costs on Canadians who bring their vessels and activities into compliance with the Canada Shipping Act, 2001 and its regulations. The fines set for these contraventions are consistent with the increase in the cost of living and are substantially lower than the fines a court could impose on a defendant who is found guilty under the summary conviction process of the Criminal Code. As a result of the possibility for an offender prosecuted by means of a ticket to choose to plead guilty and pay the fine without having to appear in court, valuable court and police resources can thus be freed and made available for the prosecution of more serious offences. This amendment does not increase either the operating cost of provincial and municipal police forces and other enforcement agencies engaged already in enforcement activities in respect of the Canada Shipping Act, 2001 and its regulations.

Consultation

These amendments have been presented at the Regional and National Canadian Marine Advisory Council meetings and to enforcement partners.

The only stakeholder interest was from Transport Canada’s enforcement partners, namely the local police and enforcement agencies. Without the possibility of ticketing, the offences that are being designated could only be enforced by formally charging the offender under the Criminal Code. Most enforcement personnel believe that, in relation to the relatively lesser seriousness of these offences, the basic requirement of having to attend in court is in itself a considerable punishment. They prefer generally not to prosecute these minor offences in this way except in the most serious of circumstances. Thus, police support these amendments which will facilitate their carrying out of their mandate more effectively in the communities they serve.

The fines for various offences were also established in consultation with police forces. The fines are deemed appropriate to the offences in that they cannot be perceived as a trivial cost in the operation of the vessel nor are they excessive to the point of enticing most offenders to elect a trial in order to avoid paying the fine.

The designation as a contravention of the offence of anchoring in False Creek without a permit was the subject of much discussion between the City of Vancouver and Transport Canada. The interim solution to manage the situation proved unsatisfactory. The City of Vancouver and the Vancouver Police Department have been eagerly awaiting this regulatory amendment which will allow them to enforce this prohibition most efficiently during the Olympic Games, when their resources are stretched to the limit.

Implementation, enforcement and service standards

Compliance with these Regulations is not an issue as they only purport to identify the offences that are being designated as contraventions, give a short-from description of these offences and provide the applicable fines.

Transport Canada’s enforcement partners will be informed of this amendment immediately after it comes into force. Transport Canada, through its National and Regional Marine Safety offices, maintains close relationships with its enforcement partners. This amendment provides for increases in fine amounts where police agencies have indicated that higher fines would be more effective in obtaining compliance with the subject matter regulations.

Contact

Jean-Pierre Baribeau
Legal Counsel
Contraventions Act Implementation Management
Department of Justice
275 Sparks Street
Ottawa, Ontario
K1A 0H8
Telephone: 613-941-4880
Fax: 613-998-1175
Email: Jean-Pierre.Baribeau@justice.gc.ca

Footnote a
 S.C. 1996, c. 7, s. 4

Footnote b
 S.C. 1992, c. 47

Footnote 1
 SOR/96-313

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