Regulations Amending the Contraventions Regulations (Canadian Environmental Protection Act, 1999): SOR/2023-266
Canada Gazette, Part II, Volume 157, Number 26
Registration
SOR/2023-266 December 8, 2023
CONTRAVENTIONS ACT
P.C. 2023-1213 December 8, 2023
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, makes the annexed Regulations Amending the Contraventions Regulations (Canadian Environmental Protection Act, 1999) under section 8footnote a of the Contraventions Act footnote b.
Regulations Amending the Contraventions Regulations (Canadian Environmental Protection Act, 1999)
Amendments
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
2 Part I of Schedule I.3 to the Regulations is replaced by the following:
PART I
| Item | Column I Provision of Asbestos Mines and Mills Release Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 6(1) | Failure to submit the information required by the report | 1000 |
| 2 | 6(3) | Failure to submit the report within the required time | 1000 |
| 3 | 7(1) | Failure to submit the samples and related information within the required time | 1000 |
| 4 | 8 | Failure to submit the duly completed report within the required time | 1000 |
| 5 | 9 | Failure to submit the report, duly completed, and within the required time | 1000 |
3 Part II of Schedule I.3 to the Regulations is replaced by the following:
PART II
| Item | Column I Provision of Benzene in Gasoline Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 7(1)(b) | Failure to submit specified information within the required time | 1000 |
| 2 | 7(3) | Failure to submit updated information within the required time | 1000 |
| 3 | 8(1) and (2)(b) | Failure to submit the duly signed report within the required time | 1000 |
| 4 | 10(b) | Failure to retain in Canada the specified records and related evidence for the specified period | 1000 |
| 5 | 11 | (a) Failure to make available to the Minister the specified sample, documents and information | 1000 |
| (b) Failure to provide, upon request, the specified sample, documents and information in the specified manner | 1000 | ||
| 6 | 12(1) and (2) | Failure to provide the specified notice within the required time | 1000 |
| 7 | 13(1) | Failure to record the specified information | 1000 |
| 8 | 13(2) | Failure to provide the specified information | 1000 |
| 9 | 13(3)(b) | Failure to record the specified information | 1000 |
| 10 | 20 | Failure to make a record of the specified information | 1000 |
| 11 | 21(1) and (2) | Failure to put in place the specified compliance plan and to send it to the Minister | 1000 |
| 12 | 21(3) | Failure to submit an updated compliance plan within the required time | 1000 |
| 13 | 22(3) | Failure to submit a report containing the specified information within the required time | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| 4 | 1000 |
| 5 | 1000 |
| 6 | 1000 |
| 7 | 1000 |
| 8 | 1000 |
| 9 | 1000 |
| 10 | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| 4 | 1000 |
| 5 | 1000 |
6 Part IX of Schedule I.3 to the Regulations is replaced by the following:
PART IX
| Item | Column I Provision of Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 6(2) | (a) Failure to report to the Minister the concentrations of specified substances | 1000 |
| (b) Failure to report to the Minister the effluent flowrate of the final effluent | 1000 | ||
| 2 | 7(5) | Failure to submit the information required by the Reference Method | 1000 |
7 Part X of Schedule I.3 to the Regulations is replaced by the following:
PART X
| Item | Column I Provision of Secondary Lead Smelter Release Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 9(1) | Failure to submit the duly completed report | 1000 |
| 2 | 9(3) | Failure to submit the report within the required time | 1000 |
| 3 | 12 | Failure to submit the specified calculations within the required time | 1000 |
| 4 | 13 | Failure to submit the duly completed report within the required time | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| 4 | 1000 |
| 5 | 1000 |
| 6 | 1000 |
| 7 | 1000 |
| 8 | 1000 |
| 9 | 1000 |
| 10 | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| 4 | 1000 |
11 Part XV of Schedule I.3 to the Regulations is replaced by the following:
PART XV
| Item | Column I Provision of Environmental Emergency Regulations, 2019 |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 3(1) | Failure to submit the specified notice regarding substances located at a facility within the required time | 1000 |
| 2 | 3(5) | Failure to submit the specified notice of change within the required time | 1000 |
| 3 | 5 | Failure to submit the specified notice regarding the preparation of an environmental emergency plan within the required time | 1000 |
| 4 | 6 | (a) Failure to bring the environmental emergency plan into effect within the required time | 1000 |
| (b) Failure to submit the specified notice within the required time | 1000 | ||
| 5 | 7 | Failure to conduct the specified simulation exercise within the required time | 1000 |
| 6 | 8 | Failure to prepare a record of a simulation exercise | 1000 |
| 7 | 9 | Failure to submit the specified notice regarding simulation exercises within the required time | 1000 |
| 8 | 10 | Failure to keep a record of the review of an environmental emergency plan | 1000 |
| 9 | 11 | Failure to make a copy of the environmental emergency plan readily available at a specified place | 1000 |
| 10 | 13 | Failure to submit the specified notice regarding substances located at a facility within the required time | 1000 |
| 11 | 14 | Failure to submit the specified notice regarding simulation exercises within the required time | 1000 |
| 12 | 15 | Failure to submit the specified notice regarding a change in quantity or capacity within the required time | 1000 |
| 13 | 16 | Failure to submit the specified notice regarding a cessation of operations within the required time | 1000 |
| 14 | 17 | Failure to submit the specified notice regarding the transfer of ownership of a facility within the required time | 1000 |
| 15 | 19 | Failure to provide a specified certification | 1000 |
| 16 | 20(2) and (3) | Failure to submit the specified report in the specified manner | 1000 |
| 17 | 21(1) | Failure to keep the specified records at the specified facility | 1000 |
| 18 | 21(2) | Failure to keep the specified records for the specified period | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
13 Part XVIII of Schedule I.3 to the Regulations is replaced by the following:
PART XVIII
| Item | Column I Provision of PCB Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 22(2) | Failure to submit the specified information within the required time | 1000 |
| 2 | 22(3) | Failure to notify the Minister within the required time of any changes to the information provided | 1000 |
| 3 | 26 | Failure to keep all points of access locked or guarded | 1000 |
| 4 | 28(1)(a) | Failure to develop and implement the required plan | 1000 |
| 5 | 28(1)(a)(i) | (a) Failure to update the required plan once per year | 1000 |
| (b) Failure to test the required plan once per year | 1000 | ||
| 6 | 28(1)(a)(ii) | Failure to keep a written copy of the latest plan at the designated location | 1000 |
| 7 | 28(1)(a)(iii) | Failure to make a copy of the latest plan readily available to prescribed persons | 1000 |
| 8 | 28(1)(b) | Failure to ensure that all authorized employees are familiar with the contents of the required plan | 1000 |
| 9 | 28(1)(c) | (a) Failure to equip the site with a fire alarm system as described | 1000 |
| (b) Failure to equip the site with the portable fire extinguishers or automatic fire suppression system as described | 1000 | ||
| 10 | 28(1)(d) | (a) Failure to keep a copy of the specified records at the storage site | 1000 |
| (b) Failure to make a copy of the specified records readily available to the prescribed persons | 1000 | ||
| 11 | 28(1)(e) | Failure to ensure that specified employees are made aware of the hazards and have the required knowledge | 1000 |
| 12 | 28(1)(f) | Failure to store absorbent materials required near the site | 1000 |
| 13 | 29(1) and (4) | Failure to affix the required label in a readily visible location within the required time | 1000 |
| 14 | 29(2) and (4) | Failure to affix the required label in a readily visible location | 1000 |
| 15 | 29(3.1) and (4) | Failure to affix the required label in a readily visible location | 1000 |
| 16 | 30(1) | Failure to affix the required label or place the required notice in the specified location | 1000 |
| 17 | 30(2) | Failure to affix the required label on each dismantled part within the required time | 1000 |
| 18 | 31(1) | Failure to affix the required label in a readily visible location on any specified product | 1000 |
| 19 | 31(2) | Failure to affix the required label in a readily visible location on a fixed tank or specified products | 1000 |
| 20 | 31(3) | Failure to place the required notice in a readily visible location at the entrance of the site | 1000 |
| 21 | 32 | Failure to ensure that a product or container bears the required label at all times | 1000 |
| 22 | 39(1) and 42 | Failure to submit the required report in the specified format and within the required time | 1000 |
| 23 | 39(2) and 42 | Failure to submit the required report in the specified format and within the required time | 1000 |
| 24 | 41 | Failure to keep a copy of the report at the principal place of business in Canada for five years | 1000 |
| 25 | 43 and 45 | Failure to maintain, as specified, the required information and documentation | 1000 |
| 26 | 44(1) and 45 | Failure to maintain, as specified, the required record of inspections | 1000 |
| 27 | 44(2) and 45 | Failure to maintain, as specified, the required record of inspections conducted on equipment | 1000 |
14 Part XIX of Schedule I.3 to the Regulations is replaced by the following:
PART XIX
| Item | Column I Provision of Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 3(2)(b) and (3) and 13 | Failure to submit the required notice, dated and duly signed, within the required time | 1000 |
| 2 | 3(4) | Failure to notify the Minister within the required time | 1000 |
| 3 | 5(5) | Failure to give the required notice of intent within the required time | 1000 |
| 4 | 6(4)(b) | Failure to keep a record containing the specified information | 1000 |
| 5 | 7(3) | Failure to measure and record the surface tension as required | 1000 |
| 6 | 9(3)(b) | Failure to keep a record containing the specified information | 1000 |
| 7 | 10(5) | Failure to record the specified information | 1000 |
| 8 | 11(1) and (4) and 13 | Failure to submit a report within the required time, in the required form, dated, duly signed and containing the specified information | 1000 |
| 9 | 11(2) and (4) and 13 | Failure to submit the report, in the required form, within the required time, dated, duly signed and containing the specified information | 1000 |
| 10 | 14 | Failure to keep specified documents for five years at a place in Canada where they can be inspected | 1000 |
| Item | Column III Fine ($) |
|
|---|---|---|
| 1 | (a) | 1000 |
| (b) | 1000 | |
| 2 | (a) | 1000 |
| (b) | 1000 | |
| 3 | 1000 | |
| 4 | 1000 | |
| 5 | 1000 | |
| 6 | 1000 | |
| 7 | 1000 | |
| 8 | 1000 | |
| 9 | 1000 | |
| 10 | 1000 | |
| 11 | 1000 | |
| 12 | 1000 | |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| 4 | 1000 |
| 5 | 1000 |
| 6 | 1000 |
| 7 | 1000 |
| 8 | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| 4 | 1000 |
| 5 | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 3 | 1000 |
| 4 | 1000 |
| 5 | 1000 |
| 6 | 1000 |
| 7 | 1000 |
| 8 | 1000 |
| 9 | 1000 |
| 10 | 1000 |
| 11 | 1000 |
| 12 | 1000 |
| 13 | 1000 |
| 14 | 1000 |
| 15 | 1000 |
| 16 | 1000 |
| 17 | 1000 |
| 18 | 1000 |
| 19 | 1000 |
| 20 | 1000 |
| 21 | 1000 |
| 22 | 1000 |
| 23 | 1000 |
| 24 | 1000 |
| 25 | 1000 |
| 26 | 1000 |
| 27 | 1000 |
| 28 | 1000 |
| 29 | 1000 |
19 Part XXIV of Schedule I.3 to the Regulations is replaced by the following:
PART XXIV
| Item | Column I Provision of New Substances Notification Regulations (Chemicals and Polymers) |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 5(1) and (2) | Failure to provide the specified information within the required time | 1000 |
| 2 | 5(1) and (3) | Failure to provide the specified information within the required time | 1000 |
| 3 | 5(1) and (4) | Failure to provide the specified information within the required time | 1000 |
| 4 | 5(5) | Failure to provide the specified notification and information within the required time | 1000 |
| 5 | 6 | Failure to provide the specified information within the required time | 1000 |
| 6 | 7 | Failure to provide the specified information within the required time | 1000 |
| 7 | 8(1) | Failure to provide the specified information within the required time | 1000 |
| 8 | 10 | Failure to provide the specified information within the required time | 1000 |
| 9 | 11 | Failure to provide the specified information within the required time | 1000 |
| 10 | 12(1) | Failure to provide the specified information within the required time | 1000 |
| 11 | 13 | Failure to keep the specified information at the specified place for the specified period | 1000 |
| 12 | 14(1) | Failure to include the required information and certification | 1000 |
| 13 | 14(3) | Failure to identify a person resident in Canada that is authorized to act on one’s behalf | 1000 |
20 Part XXV of Schedule I.3 to the Regulations is replaced by the following:
PART XXV
| Item | Column I Provision of Products Containing Mercury Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 8(1) to (4) | Failure to indicate the specified information in the specified manner | 1000 |
| 2 | 9 | Failure to indicate the symbol Hg in the specified manner | 1000 |
| 3 | 12 | Failure to submit the specified report within the required time | 1000 |
| 4 | 13 | Failure to submit the specified information in the specified manner | 1000 |
| 5 | 14 | Failure to maintain or keep books and records in the specified manner | 1000 |
| 6 | 15 | Failure to keep the specified documentation for the specified period | 1000 |
| 7 | 16(1) | (a) Failure to keep the specified documentation at one of the specified places | 1000 |
| (b) Failure to provide the specified address to the Minister | 1000 | ||
| 8 | 16(2) | Failure to notify the Minister of a change of address within the required time | 1000 |
21 Part XXVI of Schedule I.3 to the Regulations is replaced by the following:
PART XXVI
| Item | Column I Provision of Prohibition of Asbestos and Products Containing Asbestos Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 9(2) | Failure to submit the specified report regarding the importation of military equipment within the required time | 1000 |
| 2 | 10(3)(a) | Failure to prepare and implement the specified plan regarding the servicing of military equipment | 1000 |
| 3 | 10(3)(b) | Failure to submit the specified report regarding the servicing of military equipment within the required time | 1000 |
| 4 | 11(3)(a) | Failure to prepare and implement the specified plan regarding the servicing of equipment at a nuclear facility | 1000 |
| 5 | 11(3)(b) | Failure to submit the specified report regarding the servicing of equipment at a nuclear facility within the required time | 1000 |
| 6 | 12(2)(a) | Failure to prepare and implement the specified plan regarding a museum display | 1000 |
| 7 | 12(2)(b) | Failure to submit the specified report regarding a museum display within the required time | 1000 |
| 8 | 13(2) | Failure to prepare and implement the specified plan regarding laboratory use | 1000 |
| 9 | 13(3) | Failure to submit the specified report regarding laboratory use within the required time | 1000 |
| 10 | 14(3) | Failure to submit the specified report regarding use in a chlor-alkali facility within the required time | 1000 |
| 11 | 14(4) | Failure to ensure that each container is labelled in the specified manner | 1000 |
| 12 | 16(6) and 22 | Failure to submit the specified report within the required time | 1000 |
| 13 | 17(6) and 22 | Failure to submit the specified report within the required time | 1000 |
| 14 | 18(6) and 22 | Failure to submit the specified report within the required time | 1000 |
| 15 | 19(6) and 22 | Failure to submit the specified report within the required time | 1000 |
| 16 | 20(6) and 22 | Failure to submit the specified report within the required time | 1000 |
| 17 | 21(6) and 22 | Failure to submit the specified report within the required time | 1000 |
| 18 | 24 | Failure to submit the specified documentation in the specified manner | 1000 |
| 19 | 25(1) | Failure to keep a record containing the specified documentation for the specified period | 1000 |
| 20 | 25(2) | Failure to keep a record containing the specified documentation for the specified period | 1000 |
| 21 | 25(4) | Failure to notify the Minister of the new location of records within the required time | 1000 |
| Item | Column III Fine ($) |
|
|---|---|---|
| 1 | 1000 | |
| 2 | 1000 | |
| 3 | 1000 | |
| 4 | (a) | 1000 |
| (b) | 1000 | |
| 5 | 1000 | |
| 6 | 1000 | |
| 7 | 1000 | |
23 Part XXVIII of Schedule I.3 to the Regulations is replaced by the following:
PART XXVIII
| Item | Column I Provision of Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 16(2) | Failure to send the specified auditor’s report in the specified manner | 1000 |
| 2 | 21(1) | Failure to send the specified annual report within the required time | 1000 |
| 3 | 21(3) | Failure to notify the Minister of a permanent cessation of electricity generation within the required time | 1000 |
| 4 | 21(5) | Failure to notify the Minister of a change to the annual report within the required time | 1000 |
| 5 | 22(1) | Failure to send the specified performance test report within the required time | 1000 |
| 6 | 22(2) | Failure to send the specified performance test verifier’s report within the required time | 1000 |
| 7 | 24 | Failure to make the specified record within the required time | 1000 |
| 8 | 25 | Failure to keep the specified documentation at the specified place for the specified period | 1000 |
24 Part XXIX of Schedule I.3 to the Regulations is replaced by the following:
PART XXIX
| Item | Column I Provision of Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 6 | Failure to make the specified record in respect of conservation equipment | 1000 |
| 2 | 8 | Failure to make the specified record in respect of hydrocarbon gas | 1000 |
| 3 | 10 | Failure to make the specified record in respect of destruction equipment | 1000 |
| 4 | 12 | Failure to make the specified record in respect of hydraulic fracturing | 1000 |
| 5 | 19(1) | Failure to make the specified record in respect of a compressor | 1000 |
| 6 | 19(2) | Failure to make the specified record in respect of measurements made by a flow meter | 1000 |
| 7 | 19(3) | Failure to make the specified record in respect of measurements made by a continuous monitoring device | 1000 |
| 8 | 19(4) | Failure to make the specified record in respect of a corrective action | 1000 |
| 9 | 21 | Failure to make a record of the specified information | 1000 |
| 10 | 22 | Failure to make a record of the specified information | 1000 |
| 11 | 25 | Failure to make a record of the specified information | 1000 |
| 12 | 27 | Failure to make the specified record regarding volumes of hydrocarbon gas | 1000 |
| 13 | 28(2) | Failure to make the specified record in respect of an equipment component | 1000 |
| 14 | 29(2) | Failure to notify the Minister without delay of the establishment of an alternative leak detection and repair program | 1000 |
| 15 | 36(1) | Failure to make the specified record in respect of a regulatory leak detection and repair program | 1000 |
| 16 | 36(2) | Failure to make the specified record in respect of an alternative leak detection and repair program | 1000 |
| 17 | 36(3) | Failure to keep a copy of the specified operation and maintenance documentation | 1000 |
| 18 | 38 | Failure to make the specified record in respect of a pneumatic controller | 1000 |
| 19 | 39(2) | Failure to demonstrate the quantity of liquid pumped in the specified manner | 1000 |
| 20 | 41 | Failure to tag or make an entry regarding a pneumatic controller or pneumatic pump in the specified manner | 1000 |
| 21 | 44 | Failure to make a record of the specified information | 1000 |
| 22 | 48(1) | Failure to make the specified record in respect of the annual volume of vented hydrocarbon gas | 1000 |
| 23 | 48(2) | Failure to make the specified record in respect of vented hydrocarbon gas arising from an emergency situation | 1000 |
| 24 | 51(a) | Failure to make the specified record concerning a specified compressor | 1000 |
| 25 | 51(b) | Failure to make the specified record concerning a specified compressor | 1000 |
| 26 | 53 | Failure to make the specified record concerning the detection and repair of leaks | 1000 |
| 27 | 54(1) and (2) | Failure to provide the specified registration report within the required time | 1000 |
| 28 | 54(3) | Failure to send the specified notice within the required time | 1000 |
| 29 | 56(1) | (a) Failure to make a specified record within the required time | 1000 |
| (b) Failure to update a specified record within the required time | 1000 | ||
| 30 | 56(2) | Failure to keep a specified record for the specified period | 1000 |
| 31 | 56(3) | Failure to keep a specified record for the specified period | 1000 |
| 32 | 56(4) | Failure to keep a specified record for the specified period | 1000 |
| 33 | 56(5) | Failure to keep a specified document for the specified period | 1000 |
25 Part XXX of Schedule I.3 to the Regulations is replaced by the following:
PART XXX
| Item | Column I Provision of Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations |
Column II Short-Form Description |
Column III Fine ($) |
|---|---|---|---|
| 1 | 4(1) | Failure to register a new unit in the specified manner within the required time | 1000 |
| 2 | 4(3) | Failure to send the specified notice regarding a change of information or decommissioning within the required time | 1000 |
| 3 | 11 | Failure to provide the specified implementation report within the required time | 1000 |
| 4 | 12 | Failure to send the specified notice without delay | 1000 |
| 5 | 15 | Failure to send the specified annual report within the required time | 1000 |
| 6 | 17 | Failure to make a specified record within the required time | 1000 |
| 7 | 18(1) | (a) Failure to keep the specified documentation at a specified place for the specified period | 1000 |
| (b) Failure to provide the Minister with the specified address | 1000 | ||
| 8 | 18(2) | Failure to notify the Minister of a change in address within the required time | 1000 |
| 9 | 26(4) | Failure to send the specified auditor’s report with the annual report | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| 4 | 1000 |
| 5 | 1000 |
| 6 | 1000 |
| 7 | 1000 |
| 8 | 1000 |
| 9 | 1000 |
| 10 | 1000 |
| 11 | 1000 |
| 12 | 1000 |
| 13 | 1000 |
| 14 | 1000 |
| 15 | 1000 |
| 16 | 1000 |
| 17 | 1000 |
| 18 | 1000 |
| 19 | 1000 |
| 20 | 1000 |
| 21 | 1000 |
| 22 | 1000 |
| 23 | 1000 |
| 24 | 1000 |
| 25 | 1000 |
| 26 | 1000 |
| 27 | 1000 |
| 28 | 1000 |
| 29 | 1000 |
| 30 | 1000 |
| 31 | 1000 |
| 32 | 1000 |
| 33 | 1000 |
| 34 | 1000 |
| 35 | 1000 |
| 36 | 1000 |
| 37 | 1000 |
| 38 | 1000 |
| 39 | 1000 |
| 40 | 1000 |
| 41 | 1000 |
| 42 | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| 4 | 1000 |
| 5 | 1000 |
| 6 | 1000 |
| 7 | 1000 |
| 8 | 1000 |
| 9 | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| 4 | 1000 |
| 5 | 1000 |
| 6 | 1000 |
| 7 | 1000 |
| 8 | 1000 |
| 9 | 1000 |
| 10 | 1000 |
| 11 | 1000 |
| 12 | 1000 |
| 13 | 1000 |
| 14 | 1000 |
| 15 | 1000 |
| 16 | 1000 |
| 17 | 1000 |
| 18 | 1000 |
| 19 | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| Item | Column III Fine ($) |
|---|---|
| 1 | 1000 |
| 2 | 1000 |
| 3 | 1000 |
| 4 | 1000 |
| 5 | 1000 |
| 6 | 1000 |
| 7 | 1000 |
| 8 | 1000 |
| 9 | 1000 |
| 10 | 1000 |
| 11 | 1000 |
| 12 | 1000 |
| 13 | 1000 |
| 14 | 1000 |
| 15 | 1000 |
Coming into Force
32 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.)
Issues
The purpose of the amendments to Schedule I.3 to the Contraventions Regulations (CR) is to ensure the effectiveness and consistency of the ticketing procedure established under the Contraventions Act, known as the Contraventions Regime. Amendments are required to increase fine amounts identified for each contravention designated under Schedule I.3 to the CR to ensure the Regime’s effectiveness as a deterrent. Technical amendments are also required to ensure the accuracy and consistency related to the designation of offences as contraventions under the Contraventions Regime.
Background
The Contraventions Act provides an alternative to the summary conviction procedure set out in the Criminal Code for the prosecution of certain federal offences. This procedure reflects the distinction between criminal offences and regulatory offences. It allows enforcement authorities to commence the prosecution of a contravention by means of a ticket with the option of voluntary payment of the prescribed fine, therefore avoiding the longer and more costly summary conviction procedure set out in the Criminal Code. This spares the offender from the legal ramifications of a Criminal Code conviction (such as a criminal record) while ensuring that court and criminal justice resources can be focussed on the prosecution of more serious offences. This ticketing procedure is a more reasonable and effective approach for regulatory offences and provides for fines that are proportionate to the seriousness of these offences.
Made under section 8 of the Contraventions Act, the CR identify the federal offences designated as contraventions, provide a short-form description, and prescribe the amount of the fine for each of these offences. The CR is amended when a federal department proposes to designate a given regulatory offence under its jurisdiction as a “contravention” or when amendments to existing short-form descriptions or fine amounts are required.
The 2021 Evaluation of the Contraventions Act Program (2021 Evaluation) confirmed that leaving enforcement officers with no other option than to enforce certain federal offences by way of summary conviction creates strong disincentives to enforce these offences. The summary conviction procedure is inadequate in many scenarios involving relatively minor federal offences, as it involves steps, costs and consequences that may be disproportionate to the nature of these offences. Enforcement officers interviewed as part of the evaluation have stated that, in the absence of a ticketing regime, they would routinely elect not to enforce many offences or turn to warnings, which have no legal strength. Additionally, the 2021 Evaluation recommended that relevant federal departments and agencies be engaged in a systemic review of fine levels to ensure that the Contraventions Act is achieving its intended impact on those who commit offences designated as contraventions.
Justice Canada agreed with the recommendation and has been engaging with departments that use the Contraventions Regime, such as Environment and Climate Change Canada (ECCC). In the case of offences under the Canadian Environmental Protection Act, 1999 (CEPA 1999) and the regulations made under it, the existing fine amounts under Schedule I.3 to the CR have not been increased since they were first set over 20 years ago. Increasing the fine amount ensures that the Contraventions Regime is achieving its intended impact on compliance to protect human and environmental health by reducing exposure to carcinogens and restricting the importation or manufacture of certain substances and organisms.
Objective
The objective of the amendments is to increase the fine amounts associated with designated offences under CEPA 1999 and its regulations to ensure the continued effectiveness of the Contraventions Regime as an appropriate enforcement tool. The objective of the related technical amendments is to ensure that the CR accurately reflects the offences contained under the substantive regulations by repealing offences designated as contraventions and adjusting relevant short form descriptions.
As a result, the amendments aim to ensure the continued accuracy, consistency, and effectiveness of the Contraventions Regime as an appropriate enforcement tool in deterring the commission of offences under CEPA 1999 and its regulations, therefore contributing to the protection of the environment and to the rule of law in Canada.
Description
The amendments increase fine amounts identified for each contravention designated under Schedule I.3 of the CR from $500 to $1,000. The offences are provided under CEPA 1999 as well as the following 30 regulations:
- Asbestos Mines and Mills Release Regulations
- Benzene in Gasoline Regulations
- Ozone-depleting Substances and Halocarbon Alternatives Regulations
- Pulp and Paper Mill Defoamer and Wood Chip Regulations
- Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations
- Secondary Lead Smelter Release Regulations
- Contaminated Fuel Regulations
- Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
- Solvent Degreasing Regulations
- Environmental Emergency Regulations, 2019
- 2-Butoxyethanol Regulations
- PCB Regulations
- Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations
- Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
- Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations
- Export of Substances on the Export Control List Regulations
- Multi-Sector Air Pollutants Regulations
- New Substances Notification Regulations (Chemicals and Polymers)
- Products Containing Mercury Regulations
- Prohibition of Asbestos and Products Containing Asbestos Regulations
- Prohibition of Certain Toxic Substances Regulations, 2012
- Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity
- Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)
- Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations
- Tributyltetradecylphosphonium Chloride Regulations
- Formaldehyde Emissions from Composite Wood Products Regulations
- New Substances Notification Regulations (Organisms)
- Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector)
- Single-use Plastics Prohibition Regulations
- Volatile Organic Compound Concentration Limits for Certain Products Regulations
The amendments also repeal as contraventions from Schedule I.3 to the CR 15 offences contained in the following 13 regulations:
- Asbestos Mines and Mills Release Regulations
- Benzene in Gasoline Regulations
- Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations
- Secondary Lead Smelter Release Regulations
- Environmental Emergency Regulations, 2019
- PCB Regulations
- Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations
- New Substances Notification Regulations (Chemicals and Polymers)
- Products Containing Mercury Regulations
- Prohibition of Asbestos and Products Containing Asbestos Regulations
- Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity
- Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)
- Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations
The repealed contraventions relate primarily to administrative requirements involving the preparation of reports or the regular presentation of information. In some cases, the substantive provision designated is an unenforceable offence, either because there is no offender identified in the provision or the provision in question is no longer relevant. In other cases, it was determined that the offence may be otherwise enforced under another offence designated as a contravention. As such, repealing an item from Schedule I.3 to the CR does not mean that the conduct that was previously ticketable is permitted or no longer enforceable. Examples of contraventions to be repealed include:
- Asbestos Mines and Mills Release Regulations
- Section 10: Failure to have the report duly signed
- Benzene in Gasoline Regulations
- Section 8.1: Failure to send the specified information or documentation in the specified manner
- PCB Regulations
- Subsection 17(4): Failure to notify the Minister within the required time of any change to the information provided
- Subsection 40(2): Failure to include the specified information in the report
Finally, due to the repeal of certain provisions, two short-form descriptions in Schedule I.3 to the CR are amended for accuracy and consistency.
Regulatory development
Consultation
ECCC consulted on the increase of fine amounts as part of a 60-day public consultation that took place between December 9, 2022, and February 6, 2023, via the Consulting with Canadians website. In its invitation to share views and ideas, ECCC indicated that the fine amounts in Schedule I.3 were being reviewed and were expected to be increased to $1,000 to reflect inflation.
Of the four comments received, one participant specifically addressed the fine increase component, and recommended that ECCC double the fine amounts because the current fine amount is too low to appropriately provide the required protection of Canadian resources. This is in line with the regulatory amendment. ECCC considered all the comments and maintains that the current fine increase to $1,000 is appropriate to reflect inflation and ensure deterrence.
Modern treaty obligations and Indigenous engagement and consultation
An initial assessment examined the geographical scope and subject matter of the initiative in relation to modern treaties in effect and did not identify any potential modern treaty impacts. The Contraventions Regime allows enforcement authorities to use ticketing as an alternate tool to promote compliance with existing statutory and regulatory offences. While national in scope and related to the subject matter of law enforcement generally, the initiative is unlikely to engage treaty impacts given that it does not create new offences, nor is it intended to take effect within any modern treaty area pursuant to the administration of the Contraventions Act.
Instrument choice
No non-regulatory options have been considered. In order to improve the impact of existing contraventions through increases to fine amounts, amendments to the CR are required. No other instrument is appropriate to allow enforcement officers to issue contraventions tickets with increased fine amounts.
Regulatory analysis
Benefits and costs
The costs and benefits for this regulatory proposal have been assessed in accordance with the Treasury Board Secretariat’s Policy on Cost-Benefit Analysis by comparing the baseline against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the Regulations. The regulatory scenario provides information on the intended outcomes of the Regulations.
To note, the costs related to the administration of the Contraventions Regime, as well as the revenues generated through the payment of fines, are not considered costs nor benefits within the scope of the regulatory analysis since they occur only in instances of non-compliance with the law.
Baseline and regulatory scenarios
For the purposes of this analysis, the baseline scenario is one where fine amounts for offences under CEPA 1999, currently set around 20 years ago, remain at the current level. As such, tickets under the Contraventions Regime could lose their effectiveness over time as they may not be perceived as a proper deterrent. In the regulatory scenario, Schedule I.3 to the CR would be amended, establishing higher fine amounts.
Benefits
The CR allows enforcement officers to continue to bring regulated parties into compliance with a flexible and agile tool that addresses non-compliance in a proportionate way whilst diverting the treatment of these offences outside of the courts and the justice system. The CR will provide ECCC with an additional enforcement option to respond to and deter non-compliance. Tickets under the Contraventions Regime, in contrast to the existing prosecution option, are recognized to be a less resource-intensive and a more agile option to address instances of non-compliance. As such, the Contraventions Regime could reduce costs to government and lead to greater efficiency in enforcing CEPA 1999 and the regulations made under it. At the macro-level, the systematic review of fine amounts enhances the credibility of the regime as an enforcement tool of choice.
Costs
While greater fine amounts will result in higher costs for entities and individuals, these costs are directly related to non-compliance with the federal offences under CEPA 1999 and the regulations made under it and are therefore not considered costs for the purposes of the cost-benefit analysis.
Nominal implementation costs result from the labour necessary to update electronic court systems with new information in the provinces where the regime is implemented. Other costs may include processing costs for federal contraventions tickets, collecting revenues generated by voluntary payments of fines, managing unpaid fines, and scheduling disputed ticket trials. Costs incurred by the provinces in the administration of federal contraventions are deducted from the revenues generated by the payment of fines, making management of the Contraventions Regime on behalf of the federal government cost neutral.
Small business lens
Analysis under the small business lens concluded that the regulatory amendments will not impose administrative or compliance burden on Canadian small businesses. Contraventions are not considered to be an administrative or a compliance burden for the purpose of the small business lens.
One-for-one rule
The one-for-one rule does not apply as there is no incremental change in administrative burden on businesses and no regulatory titles are repealed or introduced. Contraventions are not considered to be administrative burden for the purpose of the one-for-one rule.
Regulatory cooperation and alignment
These amendments are not related to a work plan or commitment under a formal regulatory cooperation forum.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus (GBA+)
No differential impacts are expected on the basis of gender or other identity factors. These amendments do not create new requirements or burdens on individuals.
In fact, the purpose of the Contraventions Act is to ensure that the enforcement of offences designated as contraventions will be less onerous on the offender and more proportionate and appropriate to the seriousness of the offence when compared to the procedure set out in the Criminal Code.
Implementation, compliance and enforcement, and service standards
Implementation
These amendments will come into force on the day on which they are registered.
Compliance and enforcement
The amendments to the CR provide enforcement officers an appropriate enforcement tool, allowing them to fulfil their mandate effectively and promote legislative and regulatory compliance.
Contact
Olivia Gile
Legal Counsel
Programs Branch Legal Services Division
Policy Sector
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8