Vol. 144, No. 6 — March 17, 2010

Registration

SOR/2010-35 February 23, 2010

CONTRAVENTIONS ACT

Regulations Amending the Application of Provincial Laws Regulations

P.C. 2010-204 February 23, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 65.1 (see footnote a) of the Contraventions Act (see footnote b), hereby makes the annexed Regulations Amending the Application of Provincial Laws Regulations.

REGULATIONS AMENDING THE APPLICATION OF PROVINCIAL LAWS REGULATIONS

AMENDMENTS

1. (1) Paragraph 1(1)(b) of Part IV of the schedule to the Application of Provincial Laws Regulations (see footnote 1) is replaced by the following:

(b) The Victims’ Bill of Rights of Manitoba, C.C.S.M. c. V55, any regulations made under that Act and any Act of that province referred to in that Act or its regulations relating to proceedings in respect of offences created by a law of that province.

(2) Subsection 1(2) of Part IV of the schedule to the Regulations is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) a reference to “peace officer” shall be read as a reference to “enforcement authority”.

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 amendment to Part IV of the Schedule to the Application of Provincial Laws Regulations replaces the title of a Manitoba statute by its new official title and creates an equivalency between the expression “peace officer” used in The Summary Convictions Act of that province and the expression “enforcement authority” in the Contraventions Act.

Description and rationale

The Contraventions Act provides for an alternative to the summary conviction process of the Criminal Code for the prosecution of federal offences that are designated as contraventions. The Act was amended in 1996 to allow the use of provincial and territorial offence procedures and processes for the prosecution of federal contraventions. Made pursuant to section 65.1, the Application of Provincial Laws Regulations identify for a province or territory which laws pertaining to the prosecution of that province’s or territory’s offences will apply, with some adaptations, to the prosecution of federal contraventions committed within its jurisdiction.

The first amendment concerns paragraph 1(1)(b) of Part IV of the Schedule to the Application of Provincial Laws Regulations. It provides the new title of a law of Manitoba that had been incorporated and that continues to apply to the prosecution of contraventions in that province.

The second amendment creates, in subsection 1(2) of that same Part, an equivalency between the expression “peace officer” used in The Summary Convictions Act to refer to people appointed under any Act for the enforcement of that Act and the expression “enforcement authority” which is defined in the Contraventions Act as any person in charge of enforcing contraventions. Such an equivalency between terms does not however confer upon an enforcement authority the status of peace officer nor does it grant any additional power to an enforcement authority.

These two amendments do not generate any additional costs to the government of Canada or to the government of Manitoba. They will avoid any potential interpretation problems or ambiguities.

Consultation

This amendment was prepared in close cooperation with Officials from the Department of Justice of Manitoba. They agree with its content. No public consultation was held given the administrative nature of these amendments.

Implementation, enforcement and service standards

No new means of implementation and enforcement will be required since these amendments do not confer any additional power. The current mechanisms for enforcing federal statutes and regulations will continue to be used in the province.

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. 37

Footnote b
S.C. 1992, c. 47

Footnote 1
SOR/96-312

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