Share and view ideas: Proposed amendments to the Contraventions Regulations

From: Environment and Climate Change Canada

Current status: Open

Opened on April 21, 2022 and will close to new input on May 31, 2022.

Environment and Climate Change Canada (ECCC) is seeking comments on the proposed amendments to the Contraventions Regulations.

Background

Environment and Climate Change Canada would like to amend offences for several regulations under the Canadian Environmental Protection Act, 1999 (CEPA) and the Canada Wildlife Act (CWA) to be enforced through the Contraventions Regime.

The objective of the amendments is to designate offences as contraventions to allow for their enforcement through the Contraventions Regime, which is to say by means of a contraventions ticket that can be issued to the offender by an enforcement officer. The Contraventions Regulations will specify the short-form description for these offences, which will be reproduced on the ticket issued to the offender along with the fine amount. The proposed fine amounts for these regulations range between $100 and $500 and are consistent with similar fine amounts prescribed for comparable offences.

Who is the focus of this consultation

We would like to engage with:

Join in: how to participate

Send us an email

We are inviting stakeholders and members of the public to submit comments by email to DGAL-EB-Consultations@ec.gc.ca.

To learn how we will protect your privacy during this consultation, please carefully review our privacy statement.

Key questions for discussion

Question 1: What is the Contraventions Regime?

In October 1992, Parliament passed the Contraventions Act to establish an alternative to the summary conviction process set out in Part XXVII of the Criminal Code for prosecuting certain federal offences. The Act's regulations identify federal offences that are designated as contraventions, establish a short-form description and set an applicable fine for each of them. The Contraventions regulations are an essential element for the pursuit of the following three objectives underlying the Act:

Question 2: What are the proposed amendments?

The proposed amendments will list new offences and repeal offences that are no longer in force in Schedules I.2 and I.3 to the Contraventions Regulations:

Schedule I.2 – Canada Wildlife Act

  1. Scott Islands Protected Marine Area Regulations
  2. Wildlife Area Regulations

Schedule I.3 – Canadian Environmental Protection Act, (1999)

  1. 2-Butoxyethanol Regulations
  2. Asbestos Mines and Mills Release Regulations
  3. Benzene in Gasoline Regulations
  4. Environmental Emergency Regulations, 2019
  5. Export of Substances on the Export Control List Regulations
  6. Formaldehyde Emissions from Composite Wood Products Regulations
  7. Multi-Sector Air Pollutants Regulations
  8. New Substances Notification Regulations (Chemicals and Polymers)
  9. Ozone-depleting Substances and Halocarbon Alternatives Regulations
  10. PCB Regulations
  11. Products Containing Mercury Regulations
  12. Prohibition of Asbestos and Products Containing Asbestos Regulations
  13. Prohibition of Certain Toxic Substances Regulations, 2012
  14. Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations
  15. Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations
  16. Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity
  17. Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)
  18. Secondary Lead Smelter Release Regulations
  19. Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
  20. Tributyltetradecylphosphonium Chloride Regulations
  21. Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations
  22. Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations

Question 3: How does ticketing work?

As indicated in ECCC’s Canadian Environmental Protection Act (CEPA) 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. Similarly, the Compliance and Enforcement Policy for wildlife legislation indicates that tickets may be issued for offences that pose no serious or continuing threat to Canadian ecosystems or to the survival of the species involved. Using tickets provides an overall less costly and less time-consuming alternative to summary convictions, to deal with individuals or companies that violate legislation enforced by ECCC. Enforcement officers can only issue tickets for offences that are designated under the Contravention Regulations. This contributes to the Department’s objectives of protecting the environment.

The Contraventions Act allows an alleged offender to enter a plea and make representations or contest the fines associated with the offence before the court. Please refer to the Department of Justice Canada Website to consult the Contraventions Act.

Question 4: What are the types of fines?

All fines for violations to regulations made under the Canadian Environmental Protection Act (CEPA) that are considered for addition are primarily for offences involving the preparation of reports or the regular submission of information. The proposed fine for all of these violations is $500. This is the same fine amount as the fines for violations that are already included in the Contraventions Regulations for regulations made under CEPA.

The fines for violations under wildlife regulations, namely the Wildlife Area Regulations, and the Scott Islands Protected Area Regulations that would be added to the Contraventions Regulations cover a wider range of offences. The proposed fines range from $100 to $500.

Below are common violations under these regulations:

Wildlife Area Regulations

Scott Islands Protected Area Regulations

Canadian Environmental Protection Act related regulations

Contact us

Karina Kessaris
A/Executive Director, Wildlife Enforcement Directorate, Enforcement Branch
Environment and Climate Change Canada

OR

Raie Leith
A/Executive Director, Environmental Enforcement Directorate, Enforcement Branch
Environment and Climate Change Canada

Submit comments by email to DGAL-EB-Consultations@ec.gc.ca

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