Proposed amendments to the Contraventions Regulations: consultation document

1. Introduction

• 1.1 Purpose and Scope
• 1.2 Objectives
• 1.3 Background
• 1.4 Proposed Amendments to the Regulations
• 1.5 Next Steps

1.1 Purpose and Scope

The purpose of this consultation paper is to:

• Inform interested stakeholders of the proposed amendments to the Contraventions Regulations;
• Allow affected parties an opportunity to provide comments on the proposed amendments; and
• Allow Environment Canada and Justice Canada to consider questions or concerns from interested stakeholders on the proposed amendments.

Stakeholders may include various industries, provincial, territorial and federal government departments, individuals and non-government organizations.

1.2 Objectives

The objective of this consultation document is to invite stakeholders to provide comments and feedback on the proposed amendments to Schedule I.3 of the Contraventions Regulations.  

The specific objectives are to:  

• Present a summary of which regulations are to be added to Schedule I.3 of the Contraventions Regulations;
• Solicit comments on the proposed amendments;
• Discuss feasibility and timelines for the implementation of the proposed amendments

1.3 Background

The Contraventions Act (hereinafter referred to as the Act) was adopted in 1992, to establish a ticketing system that could be used to enforce certain federal statutory offences designated as contraventions. This simplified procedure for dealing with certain federal offences that can be qualified as “administrative offences” as they often involve the preparation of reports or the routine submission of information. The Act provides that such offences designated as “contraventions” may be prosecuted through the issuance of a ticket.

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

The Contraventions Regulations are an essential element for the pursuit of the following three objectives underlying the Act:

1. to decriminalize certain federal offences,
2. to ease the courts’ workload and
3. to improve the enforcement of federal legislation

The Contraventions 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 will ensure 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.

Violations to legislation must be addressed, but not all violations are similar in nature. Accordingly, it is important to have a range of enforcement responses. As indicated in the CEPA 1999 Compliance and Enforcement Policy, tickets are available as an enforcement measure for minor regulatory offences which have minimal or no threat to the environment or human life or health. Using tickets provides an overall less costly and less time-consuming alternative to summary convictions, to deal with individuals or companies that violate CEPA 1999 regulations.  However, Environment Canada’s enforcement officers are limited in the choice of regulations for which they can use tickets as an enforcement measure.

The proposed amendments will add 10 regulations to Schedule I.3 of the Contraventions Regulations. In addition, given that a number of regulations that are already listed in the Contraventions Regulations have been amended by Environment Canada over the years, the proposed amendments will modify certain items to update them.

The amounts of the fines will not change from what is currently set in Schedule I.3 of the Contraventions Regulations and will remain at 500$ per violation.

1.4 Proposed Amendments to the Regulations

The following sections of these regulations are proposed to be added to Schedule I.3 of the Contraventions Regulations:

2-Butoxyethanol Regulations 

• 8(1)
• 8(2)
• 8(3)

Contaminated Fuel Regulations

• 5(1)
• 5(3)

Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations

• 3(2)(b)
• 3(3)
• 3(4)
• 5(5)
• 6(4)(b)
• 9(3)(b)
• 10(5)
• 11(1)
• 11(2)
• 12
• 13(1)
• 13(2)
• 14(1)
• 14(2)

Environmental Emergency Regulations

• 3(4)
• 3(5)
• 3(5.1)
• 3(6)
• 4(4)
• 4(5)
• 5(1)
• 5(2)
• 7(3)

PCB Regulations

• 17(4)
• 22(2)
• 22(3)
• 26
• 28(1)(a)
• 28(1)(b)
• 28(1)(c)
• 28(1)(d)
• 28(1)(e)
• 28(1)(f)
• 29(1)
• 29(2)
• 29(4)(a)
• 29(4)(b)
• 29(4)(c)
• 30(1)(a)
• 30(1)(b)
• 30(2)
• 31(1)(a)(b)
• 31(1)(b)
• 31(2)
• 31(3)
• 32
• 33(1)
• 33(2)
• 33(3)
• 34
• 35
• 36
• 37
• 38
• 39(1)
• 39(2)
• 40(2)
• 41
• 42
• 43(a)
• 43(b)
• 43(c)
• 44(1)
• 44(2)
• 45

Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations 

• 9(1)
• 10(1)
• 11(1)
• 11(2)

Solvent Degreasing Regulations 

• 7(a)
• 7(b)
• 8(a)
• 8(b)
• 9

Tetrachloroethylene (Use in Dry Cleaning and Reporting) Regulations 

• 4
• 11(a)
• 11(b)
• 12(1)(a)
• 12(1)(b)
• 13(a)
• 13(b)
• 14(a)
• 14(b)
• 15(a)
• 15(b)
• 16

Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations

• 13(1)
• 13(2)
• 13(3)

Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations

• 19(1)
• 19(2)
• 19(3)

It is proposed that the following sections of the Contraventions Regulations be amended:

Part II of the Contraventions Regulations, Benzene in Gasoline Regulations, by:

Modifying:

• item 1
• item 2
• item 3
• item 4
• item 5
• item 6
• item 7

And adding:

• s. 10
• ss. 13(1)
• s. 20
• s. 22(3)

Part VII of the Contraventions Regulations, Ozone-depleting substances Regulations, 1998, by:

Modifying:

• Item 1

Part VIII of the Contraventions Regulations, Pulp and Paper Mill Defoamer and Wood Chip Regulations by adding the following:

• s. 7
• s. 8
• s. 9

Part XII of the Contraventions Regulations, Vinyl Chloride Release Regulations by:

Modifying:

• Item 1

And adding:

• ss. 6(1)
• ss. 8(1)
• ss. 10(1)
• s. 12

Finally, the proposed amendments will also repeal from the Contraventions Regulations Part XI, Storage of PCB Material Regulations, as these regulations have been repealed and replaced by the PCB Regulations.

1.5 Next Steps

The consultation will be followed by a comment period. Comments received during this period will be taken into consideration while drafting the proposed regulations.

Environment Canada and Justice Canada welcomes the distribution of this consultation document to any interested and affected parties.  A copy of this consultation document will be available on the CEPA 1999 Environmental Registry.

Pursuant to section 313 of CEPA 1999, any person who provides information to the Minister of the Environment under CEPA 1999 may submit with the information a request that it be treated as confidential.  

The deadline for comments is Monday, February 4^th, 2013. Comments on this regulatory proposal should be submitted to any of the addresses provided below. Please ensure that comments are addressed to the appropriate person:

Contraventions Amendments Coordinator

By Mail:
Regulatory Analysis Division
Enforcement Branch
Environment Canada
200 Sacré-Cœur Boulevard, 14 ^th floor
Gatineau, QC
K1A 0H3
By Email: Contraventions@ec.gc.ca
By Fax: (819) 934-1544

Please type:  “Consultation on proposed amendments to the Contraventions Regulations” in the subject line of your message.