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Vol. 143, No. 13 — June 24, 2009
Registration
SOR/2009-166 June 4, 2009
CONTRAVENTIONS ACT
Regulations Amending the Contraventions Regulations
P.C. 2009-867 June 4, 2009
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
AMENDMENT
1. Part II of Schedule II.1 of the Contraventions Regul a tions (see footnote 1) is replaced by the following:
PART II
Ontario Fishery Regulations, 2007
|
Item |
Column I |
Column II |
Column III |
|---|---|---|---|
|
1. |
3(1)(a) |
Fishing without a licence |
125 |
|
2. |
3(1)(b) |
(a) Shipping live fish, other than baitfish, without a licence |
200 |
|
(b) Transporting live fish, other than baitfish, without a licence |
200 |
||
|
(c) Attempting to ship live fish, other than baitfish, without a licence |
200 |
||
|
(d) Attempting to transport live fish, other than baitfish, without a licence |
200 |
||
|
3. |
3(1)(c) |
(a) Depositing into a body of water, without a licence, live fish that were caught elsewhere |
300 |
|
(b) Attempting to deposit into a body of water, without a licence, live fish that were caught elsewhere |
250 |
||
|
4. |
4(2) |
Failing to comply with terms and conditions in a licence |
200 |
|
5. |
5(a) |
Bringing crayfish or salamanders into Ontario for use as bait |
250 |
|
6. |
5(b) |
Bringing live fish or leeches into Ontario for use as bait |
250 |
|
7. |
6(1) |
Possessing live invasive fish without a licence |
250 |
|
8. |
8(1) |
Fishing in a fish sanctuary during close time |
250 |
|
9. |
9(1)(a) |
Fishing with a hook so as to pierce or hook a fish other than in the mouth |
200 |
|
10. |
9(1)(b) |
Fishing with a gaff |
200 |
|
11. |
9(1)(c) |
Fishing with a snare |
200 |
|
12. |
9(1)(d) |
Fishing with a snagger |
200 |
|
13. |
9(1)(e) |
Fishing with a spear gun |
200 |
|
14. |
10(1) |
Possessing specified equipment in any waters or within 30 m of any water’s edge |
200 |
|
15. |
10(2) |
Possessing a spear for fishing in any waters or within 30 m of any water’s edge |
200 |
|
16. |
11 |
Using an artificial light to attract fish |
200 |
|
17. |
15 |
(a) Angling for fish during close time |
200 |
|
(b) Catching by angling and retaining fish during close time |
200 plus 50 per fish |
||
|
18. |
16(a) |
(a) Catching and retaining more than sport fishing licence specified quota of fish |
100 plus 50 per fish exceeding quota |
|
(b) Possessing more than sport fishing licence specified quota of fish |
100 plus 50 per fish exceeding quota |
||
|
(c) Catching and retaining fish of a prohibited size under a sport fishing licence |
100 plus 50 per fish |
||
|
(d) Possessing fish of a prohibited size under a sport fishing licence |
100 plus 50 per fish |
||
|
19. |
16(b) |
(a) Catching and retaining more than conservation fishing licence specified quota of fish |
100 plus 50 per fish exceeding quota |
|
(b) Possessing more than conservation fishing licence specified quota of fish |
100 plus 50 per fish exceeding quota |
||
|
(c) Catching and retaining fish of a prohibited size under a conservation fishing licence |
100 plus 50 per fish |
||
|
(d) Possessing fish of a prohibited size under a conservation fishing licence |
100 plus 50 per fish |
||
|
20. |
17 |
Possessing more than specified limit of fish from all zones |
100 plus 50 per fish exceeding limit |
|
21. |
18(a) |
(a) Catching and retaining more than 5 trout or salmon in the aggregate under a sport fishing licence |
100 plus 50 per fish exceeding quota |
|
(b) Possessing more than 5 trout or salmon in the aggregate under a sport fishing licence |
100 plus 50 per fish exceeding quota |
||
|
22. |
18(b) |
(a) Catching and retaining more than 2 trout or salmon in the aggregate under a conservation fishing licence |
100 plus 50 per fish exceeding quota |
|
(b) Possessing more than 2 trout or salmon in the aggregate under a conservation fishing licence |
100 plus 50 per fish exceeding quota |
||
|
23. |
19 |
(a) Catching and retaining more than specified daily quota of fish under a specified licence |
100 plus 50 per fish exceeding quota |
|
(b) Catching and retaining fish of a prohibited size under a specified licence |
100 plus 50 per fish |
||
|
24. |
20(a) |
(a) Non-resident catching and retaining more than specified daily quota of fish under a specified licence |
100 plus 50 per fish exceeding quota |
|
(b) Non-resident catching and retaining fish of a prohibited size under a specified licence |
100 plus 50 per fish |
||
|
25. |
20(b)(i) |
Non-resident catching and retaining more than 2 walleye or sauger in the aggregate |
100 plus 50 per fish exceeding quota |
|
26. |
20(b)(ii) |
Non-resident catching and retaining more than 2 walleye or sauger in the aggregate that are from different waters |
100 plus 50 per fish exceeding quota |
|
27. |
21 |
(a) Non-resident catching and retaining more than specified quota of fish under a specified licence |
100 plus 50 per fish exceeding quota |
|
(b) Non-resident possessing more than specified quota of fish under a specified licence |
100 plus 50 per fish exceeding quota |
||
|
(c) Non-resident catching and retaining fish of a prohibited size under a specified licence |
100 plus 50 per fish |
||
|
(d) Non-resident possessing fish of a prohibited size under a specified licence |
100 plus 50 per fish |
||
|
28. |
25(1) |
Possessing live brook trout or live lake trout caught by angling |
50 plus 50 per fish |
|
29. |
26 |
Possessing live fish, other than baitfish, caught by angling |
50 plus 50 per fish |
|
30. |
27(1) |
Non-resident possessing more fish on board a vessel than specified quota |
100 plus 50 per fish exceeding quota |
|
31. |
29(1) |
(a) Using as bait invasive fish or live fish that is not baitfish |
200 |
|
(b) Possessing for use as bait invasive fish or live fish that is not baitfish |
200 |
||
|
32. |
29(2)(a) |
(a) Using live baitfish as bait |
200 |
|
(b) Possessing live baitfish for use as bait |
200 |
||
|
33. |
29(2)(c)(i) |
(a) Using a fish as bait |
200 |
|
(b) Possessing a fish for use as bait |
200 |
||
|
34. |
29(2)(c)(ii) |
(a) Using a fish as bait during specified period |
200 |
|
(b) Possessing a fish for use as bait during specified period |
200 |
||
|
35. |
29(2)(d) |
(a) Using rainbow smelt as bait |
200 |
|
(b) Possessing rainbow smelt for use as bait |
200 |
||
|
35. |
30 |
Angling within 25 m of a pound net or cage in which fish are held for culture |
200 |
|
37. |
31(1) |
Angling with a line having more than four hooks |
50 plus 50 per hook exceeding limit |
|
38. |
31(2)(a) |
Angling using a hook other than a barbless hook |
50 |
|
39. |
31(2)(b) |
Angling using a line having more than one barbless hook |
50 plus 50 per hook exceeding limit |
|
40. |
31(3)(a)(i) |
Angling using a hook other than a barbless hook |
50 plus 50 per hook exceeding limit |
|
41. |
31(3)(a)(ii) |
Angling using a hook other than a barbless hook during specified period |
50 plus 50 per hook exceeding limit |
|
42. |
31(3)(b) |
Angling using anything other than an artificial lure |
200 |
|
43. |
31(3)(c) |
Angling using anything other than an artificial lure while ice fishing |
200 |
|
44. |
31(3)(d) |
Angling using anything other than an artificial fly |
200 |
|
45. |
31(4)(a) |
Angling for lake trout using a hook other than a single barbless hook |
50 |
|
46. |
31(4)(b) |
Angling for lake trout using a line having more than one barbless hook |
50 plus 50 per hook exceeding limit |
|
47. |
31(4)(c) |
Angling for lake trout using anything other than an artificial lure |
200 |
|
48. |
31(5)(a) |
Angling using a hook other than a barbless hook |
50 |
|
49. |
31(5)(b) |
Angling for lake trout in specified waters using a line having more than one barbless hook |
50 plus 50 per hook exceeding limit |
|
50. |
32 |
Angling with more than permitted number of lines |
50 plus 50 per line exceeding limit |
|
51. |
33(a) |
Angler being more than 60 m from any hole in ice through which they are angling |
50 |
|
52. |
33(b) |
Failing to maintain a clear and unobstructed view of a line used for angling through ice |
50 |
|
53. |
34(1) |
Sport fishing between sunset and sunrise |
100 |
|
54. |
35(1)(a)(i) |
Sport fishing using an oversized angular dip net |
100 |
|
55. |
35(1)(a)(ii) |
Sport fishing using an oversized circular dip net |
100 |
|
56. |
35(1)(b) |
Sport fishing using an oversized seine net |
100 |
|
57. |
35(1)(c) |
Sport fishing using an oversized baitfish trap |
100 |
|
58. |
35(1)(d) |
Sport fishing using more than one dip net, baitfish trap or seine net |
50 plus 50 per net or trap exceeding limit |
|
59. |
35(1)(e) |
Sport fishing using a baitfish trap that is not properly marked |
50 |
|
60. |
35(2)(a) |
(a) Catching and retaining more than specified quota of fish while sport fishing other than by angling |
100 plus 50 per fish exceeding quota |
|
(b) Possessing more than specified quota of fish while sport fishing other than by angling |
100 plus 50 per fish exceeding quota |
||
|
61. |
35(2)(b) |
Sport fishing other than by angling using gear other than specified gear |
200 |
|
62. |
35(2)(c) |
Sport fishing other than by angling during close time |
200 |
|
63. |
36(1)(a) |
(a) Catching and retaining more than specified quota of baitfish while sport fishing other than by angling |
200 |
|
(b) Possessing more than specified quota of baitfish while sport fishing other than by angling |
200 |
||
|
64. |
36(1)(b) |
Sport fishing for baitfish not using specified gear |
200 |
|
65. |
36(1)(c) |
Sport fishing other than by angling for baitfish during close time |
200 |
|
66. |
36(2) |
(a) Non-resident sport fishing for baitfish other than by angling |
100 |
|
(b) Non-resident catching and retaining baitfish other than by angling |
100 |
||
|
67. |
37(1) |
(a) Placing in waters while sport fishing a live holding box or impounding device that is not properly marked |
100 |
|
(b) Using in waters while sport fishing a live holding box or impounding device that is not properly marked |
100 |
||
|
68. |
38(1) |
Using a stringer, impounding device or live holding box while sport fishing |
100 |
|
69. |
39(1) |
(a) Skinning fish so that species cannot easily be identified |
100 |
|
(b) Skinning fish so that number cannot easily be counted |
100 |
||
|
(c) Cutting fish so that species cannot easily be identified |
100 |
||
|
(d) Cutting fish so that number cannot easily be counted |
100 |
||
|
(e) Packing fish so that species cannot easily be identified |
100 |
||
|
(f) Packing fish so that number cannot easily be counted |
100 |
||
|
70. |
39(2) |
(a) Possessing fish that have been skinned so that species cannot easily be identified |
100 |
|
(b) Possessing fish that have been skinned so that number cannot easily be counted |
100 |
||
|
(c) Possessing fish that have been cut so that species cannot easily be identified |
100 |
||
|
(d) Possessing fish that have been cut so that number cannot easily be counted |
100 |
||
|
(e) Possessing fish that have been packed so that species cannot easily be identified |
100 |
||
|
(f) Possessing fish that have been packed so that number cannot easily be counted |
100 |
||
|
71. |
39(3) |
Failing to keep fish in a manner that allows size to be easily measured |
100 |
|
72. |
40(a) |
Commercial fishing for baitfish using an oversized angular dip net |
150 |
|
73. |
40(b) |
Commercial fishing for baitfish using an oversized circular dip net |
150 |
|
74. |
41(1) |
Commercial fishing for baitfish using a baitfish trap that is not properly marked |
100 |
|
75. |
41(2) |
(a) Holder of a commercial fishing licence placing a live holding box or impounding device that is not properly marked |
100 |
|
(b) Holder of a commercial baitfishing licence placing a live holding box or impounding device that is not properly marked |
100 |
||
|
(c) Holder of a commercial fishing licence using a live holding box or impounding device that is not properly marked |
100 |
||
|
(d) Holder of a commercial baitfishing licence using a live holding box or impounding device that is not properly marked |
100 |
||
|
76. |
42 |
(a) Holder of a commercial fishing licence setting a hookline or net that does not meet the specified requirements |
200 |
|
(b) Holder of a commercial fishing licence using a hookline or net that does not meet the specified requirements |
200 |
COMING INTO FORCE
2. 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 technical amendment to Schedule II.1 of the Contraventions Regulations is needed as a result of the recent replacement of the Ontario Fishery Regulations by the Ontario Fishery Regulations, 2007. The Ontario Fishery Regulations, 2007 mainly corrected inconsistencies in wording, ordering and numbering of provisions of the previous fishery regulations and consolidated and simplified their schedules. This amendment to the Contraventions Regulations will ensure that the existing short-form descriptions of the contraventions already found in Schedule II.1 are in step with the wording and numbering of the offences under the new Ontario Fishery Regulations, 2007.
Description and rationale
The Contraventions Act (the Act) was passed in October 1992 to establish a simplified procedure for prosecuting certain federal offences. 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.
Because the offences under the Ontario Fishery Regulations, 2007 are essentially the same offences that existed under the Ontario Fishery Regulations, this technical amendment to Schedule II.1 of the Contraventions Regulations (changes to the wording of the short-form descriptions and to their sequencing in order to be consistent with how the corresponding offences appear in the Ontario Fishery Regulations, 2007) does not alter the substance of the contraventions that appear in that Schedule nor the applicable fines.
Consultation
This amendment to the Contraventions Regulations was requested by the Department of Fisheries and Oceans to prevent a gap in enforcement of fishing activities as a result of the replacement of the Ontario Fishery Regulations by the Ontario Fishery Regulations, 2007.
Implementation, enforcement and service standards
The Department of Fisheries and Oceans as well as provincial enforcement officers will be responsible for the enforcement of the contraventions designated in this amendment to the Contraventions 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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