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Vol. 144, No. 10 — May 12, 2010
Registration
SOR/2010-92 April 29, 2010
CONTRAVENTIONS ACT
Regulations Amending the Contraventions Regulations
P.C. 2010-547 April 29, 2010
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 I.1 to the Contraventions Regulations (see footnote 1) is replaced by the following:
PART II
SMALL VESSEL REGULATIONS
|
Item |
Column I |
Column II |
Column III |
|---|---|---|---|
|
1. |
3 and 5(1)(a) |
(a) Operating vessel with safety equipment not in good working order |
200 |
|
(b) Permitting person to operate vessel with safety equipment not in good working order |
200 |
||
|
2. |
3 and 5(1)(b) |
(a) Operating vessel with safety equipment not readily accessible and available for immediate use |
200 |
|
(b) Permitting person to operate vessel with safety equipment not readily accessible and available for immediate use |
200 |
||
|
3. |
3 and 5(1)(c) |
(a) Operating vessel with safety equipment not maintained or replaced in accordance with manufacturer’s instructions or recommendations |
200 |
|
(b) Permitting person to operate vessel with safety equipment not maintained or replaced in accordance with manufacturer’s instructions or recommendations |
200 |
||
|
4. |
3 and 7(1) |
(a) Operating vessel with life-saving appliance not bearing a mark or label indicating approval by the Minister |
200 |
|
(b) Permitting person to operate vessel with life-saving appliance not bearing a mark or label indicating approval by the Minister |
200 |
||
|
5. |
9 |
Altering personal flotation device or lifejacket in a way that compromises its original structural integrity or diminishes the integrity or readability of its markings |
200 |
|
6. |
10(1) |
(a) Failing to wear personal flotation device or lifejacket in open vessel if device or lifejacket is of inflatable type |
200 |
|
(b) Failing to wear personal flotation device or lifejacket on deck or in cockpit of vessel that is not open if device or lifejacket is of inflatable type |
200 |
||
|
7. |
3 and 10(3) |
(a) Operating personal watercraft without all required personal flotation devices or lifejackets on board being inherently buoyant |
200 |
|
(b) Permitting person to operate personal watercraft without all required personal flotation devices or lifejackets on board being inherently buoyant |
200 |
||
|
8. |
101(a) |
(a) Operating pleasure craft that is not licensed |
250 |
|
(b) Permitting person to operate pleasure craft that is not licensed |
250 |
||
|
9. |
101(b) |
(a) Operating pleasure craft without copy of licence on board |
250 |
|
(b) Permitting person to operate pleasure craft without copy of licence on board |
250 |
||
|
10. |
101(c) |
(a) Operating pleasure craft if owner’s name and address on licence are not accurate |
250 |
|
(b) Permitting person to operate pleasure craft if owner’s name and address on licence are not accurate |
250 |
||
|
11. |
110 |
(a) Owner operating pleasure craft marked with a number that could be confused with a licence number or registration number |
250 |
|
(b) Owner permitting person to operate pleasure craft marked with a number that could be confused with a licence number or registration number |
250 |
||
|
12. |
201 |
Operator of a pleasure craft failing to take all reasonable steps to ensure safety of craft and of persons on board |
300 |
|
13. |
3 and 204(a) |
(a) Operating non-human-powered pleasure craft without personal flotation device or lifejacket of appropriate size for each person on board |
200 plus 100 for each additional device or lifejacket missing |
|
(b) Permitting person to operate non-human-powered pleasure craft without personal flotation device or lifejacket of appropriate size for each person on board |
200 plus 100 for each additional device or lifejacket missing |
||
|
14. |
3 and 204(b) |
(a) Operating non-human-powered pleasure craft without reboarding device on board |
200 |
|
(b) Permitting person to operate non-human-powered pleasure craft without reboarding device on board |
200 |
||
|
15. |
3 and 204(c) |
(a) Operating non-human-powered pleasure craft without prescribed additional personal life-saving appliances on board |
200 |
|
(b) Permitting person to operate non-human-powered pleasure craft without prescribed additional personal life-saving appliances on board |
200 |
||
|
16. |
3 and 205 |
(a) Operating non-human-powered pleasure craft without prescribed visual signals on board |
200 |
|
(b) Permitting person to operate non-human-powered pleasure craft without prescribed visual signals on board |
200 |
||
|
17. |
3 and 206 |
(a) Operating non-human-powered pleasure craft without prescribed vessel safety equipment on board |
200 |
|
(b) Permitting person to operate non-human-powered pleasure craft without prescribed vessel safety equipment on board |
200 |
||
|
18. |
3 and 207 |
(a) Operating non-human-powered pleasure craft without prescribed navigation equipment on board |
200 |
|
(b) Permitting person to operate non-human-powered pleasure craft without prescribed navigation equipment on board |
200 |
||
|
19. |
3 and 208 |
(a) Operating non-human-powered pleasure craft without prescribed firefighting equipment on board |
200 plus 100 for each additional piece of equipment missing |
|
(b) Permitting person to operate non-human-powered pleasure craft without prescribed firefighting equipment on board |
200 plus 100 for each additional piece of equipment missing |
||
|
20. |
3 and 209(1) |
(a) Operating human-powered pleasure craft without personal flotation device or lifejacket of appropriate size for each person on board |
200 plus 100 for each additional device or lifejacket missing |
|
(b) Permitting person to operate human-powered pleasure craft without personal flotation device or lifejacket of appropriate size for each person on board |
200 plus 100 for each additional device or lifejacket missing |
||
|
21. |
3 and 209(2) |
(a) Operating human-powered pleasure craft in whitewater with personal flotation device or lifejacket that is not inherently buoyant |
200 plus 100 for each additional device or lifejacket of inappropriate type |
|
(b) Permitting person to operate human-powered pleasure craft in whitewater with personal flotation device or lifejacket that is not inherently buoyant |
200 plus 100 for each additional device or lifejacket of inappropriate type |
||
|
22. |
3 and 210 |
(a) Operating human-powered pleasure craft without prescribed life-saving appliances on board |
200 |
|
(b) Permitting person to operate human-powered pleasure craft without prescribed life-saving appliances on board |
200 |
||
|
23. |
3 and 211 |
(a) Operating human-powered pleasure craft without prescribed vessel safety and navigation equipment on board |
200 |
|
(b) Permitting person to operate human powered pleasure craft without prescribed vessel safety and navigation equipment on board |
200 |
||
|
24. |
604(1) or 721(1) |
Installing fuel-burning appliance or system on vessel without conforming to recommended practices and standards |
250 |
|
25. |
604(3) or 721(3) |
Installing fuel-burning appliance or system that uses gaseous fuel, liquefied petroleum gas, compressed natural gas or naphtha on vessel in a manner that permits ingress or trapping of the fuel or vapours below deck |
250 |
|
26. |
605 or 723 |
(a) Installing fuel tank or fuel system on vessel in a manner that permits leakage or spillage of fuel |
250 |
|
(b) Maintaining fuel tank or fuel system on vessel in a manner that permits leakage or spillage of fuel |
250 |
||
|
27. |
607 or 722 |
(a) Installing below deck on vessel a gasoline-fuelled inboard engine without the carburetor or throttle body fuel injector being fitted with a flame arrestor |
250 |
|
(b) Enclosing by boxing on vessel a gasoline-fuelled inboard engine without the carburetor or throttle body fuel injector being fitted with a flame arrestor |
250 |
||
|
28. |
717(4) |
Builder, manufacturer, rebuilder or importer of a vessel failing to provide end user or reseller with document setting out design limitations |
250 |
|
29. |
801(4)(a) |
Builder, manufacturer, rebuilder or importer of a vessel not fitted with a compliance notice failing to provide owner with compliance notice |
250 |
|
30. |
801(4)(b) |
(a) Builder, manufacturer, rebuilder or importer of a vessel fitted with an inaccurate compliance notice failing to inform Minister |
250 |
|
(b) Builder, manufacturer, rebuilder or importer of a vessel fitted with an inaccurate compliance notice failing to provide owner with accurate compliance notice |
250 |
||
|
31. |
803(2) |
Builder, manufacturer, rebuilder or importer of a vessel failing to provide declaration of conformity to reseller or end user and to Minister |
250 |
|
32. |
803(4) |
Reseller of a vessel failing to provide a declaration of conformity to another reseller or end user |
250 |
|
33. |
810(a) |
(a) Removing a compliance notice or builder’s plate from personal watercraft |
350 |
|
(b) Altering a compliance notice or builder’s plate on personal watercraft |
350 |
||
|
34. |
810(b) |
Defacing a compliance notice |
350 |
|
35. |
810(c) |
Unlawfully attaching a notice, plate or label to vessel that indicates vessel meets the construction requirements |
350 |
|
36. |
810(d) |
Attaching to vessel a compliance notice that contains untrue information |
500 |
|
37. |
901 |
Person who operates or permits another person to operate a vessel failing to ensure that it is marked with hull serial number |
250 |
|
38. |
902(1) |
(a) Altering hull serial number |
350 |
|
(b) Defacing hull serial number |
350 |
||
|
(c) Removing hull serial number |
350 |
||
|
39. |
903(2) |
Builder, manufacturer or rebuilder of a vessel failing to permanently mark hull serial number on hull of vessel before first sale to reseller or end user |
250 |
|
40. |
903(3) |
Importer of a vessel failing to ensure a hull serial number is permanently marked on hull of vessel before first sale to reseller or end user |
250 |
|
41. |
903(11) |
(a) Builder, manufacturer, rebuilder or importer of a vessel failing to provide owner with hull serial number on a plate or label on request |
350 |
|
(b) Builder, manufacturer, rebuilder or importer of a vessel failing to permanently mark hull serial number on vessel on request |
350 |
||
|
42. |
903(13) |
Builder, manufacturer or rebuilder of a vessel using the same hull serial number on more than one vessel |
500 |
|
43. |
1000(1) |
(a) Operating power-driven vessel without a muffler that is in good working order |
250 |
|
(b) Permitting person to operate power-driven vessel without a muffler that is in good working order |
250 |
||
|
44. |
1000(2) |
(a) Operating vessel with a muffler cut-out or by-pass that is not visibly disconnected |
500 |
|
(b) Permitting person to operate vessel with a muffler cut-out or by-pass that is not visibly disconnected |
500 |
||
|
45. |
1001 |
Starting gasoline-powered vessel without operating engine space blower for at least four minutes immediately before starting engine |
250 |
|
46. |
1002(1) |
Permitting leakage of fuel within or from vessel |
500 |
|
47. |
1002(2) |
Permitting fuel or oil to be discharged from vessel |
500 |
|
48. |
1002(3)(a) |
Fuelling vessel equipped with a portable fuel tank while dockside or beached without first removing the tank from the vessel |
250 |
|
49. |
1002(3)(b) |
Fuelling vessel equipped with a fixed fuel tank while dockside or beached unless person fuelling is only person on board |
250 |
|
50. |
1002(4) |
Fuelling vessel equipped with a fixed fuel tank without switching off all electrical equipment, closing all doors, windows and ports, shutting off all engines and extinguishing all open flames |
250 |
|
51. |
1002(5) |
Carrying gaseous fuel, naphtha, liquefied petroleum gas or compressed natural gas on vessel that is carrying passengers |
250 |
|
52. |
1002(6) |
Carrying fuel on board vessel in a portable container not designed for fuel |
250 |
|
53. |
1003(a) |
Using portable fuel-burning equipment or appliance on vessel other than in a well-ventilated location in an open space or on an open deck |
250 |
|
54. |
1003(b) |
Failing to secure portable fuel-burning equipment or appliance while in use on vessel |
250 |
|
55. |
1003(c) |
Failing to store portable fuel-burning equipment or appliance in a well-ventilated location |
250 |
|
56. |
1005(1)(a) |
(a) Operating vessel to tow a person on water or in air without a person on board other than the operator keeping watch on every person being towed |
250 |
|
(b) Permitting person to operate vessel to tow a person on water or in air without a person on board other than the operator keeping watch on every person being towed |
250 |
||
|
57. |
1005(1)(b) |
(a) Operating vessel to tow a person on water or in air without seating space on board for every person being towed |
250 |
|
(b) Permitting person to operate vessel to tow a person on water or in air without seating space on board for every person being towed |
250 |
||
|
58. |
1005(1)(c) |
(a) Operating vessel to tow a person on water or in air without a personal flotation device or lifejacket on board for every person being towed |
250 |
|
(b) Permitting person to operate vessel to tow a person on water or in air without a personal flotation device or lifejacket on board for every person being towed |
250 |
||
|
59. |
1005(1)(d) |
(a) Operating vessel to tow a person on the water or in the air during periods of restricted visibility or during the period beginning one hour after sunset and ending at sunrise |
250 |
|
(b) Permitting person to operate vessel to tow a person on the water or in the air during periods of restricted visibility or during the period beginning one hour after sunset and ending at sunrise |
250 |
||
|
60. |
1006(a) |
Towing oneself by vessel operated with a remote control |
350 |
|
61. |
1006(b) |
Operating propeller-driven surfboard-type vessel |
350 |
|
62. |
1007 |
Operating vessel in a careless manner, without due care and attention or without reasonable consideration for other persons |
350 |
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
The Small Vessel Regulations have been replaced by a new version made pursuant to the Canada Shipping Act, 2001. While the subject matter and content of the new Small Vessel Regulations remain overall the same, it is essential for consistency and for effectual enforcement of these Regulations, that all short-form descriptions of contraventions relating to small vessels that appear in Part II of Schedule I.1 to the Contraventions Regulations be replaced. This amendment will ensure that enforcement authorities can effectively and validly enforce contraventions under the new Small Vessel Regulations at the outset of the 2010 boating season in mid to late May 2010.
Description and rationale
The Contraventions Act (the Act) was passed in October 1992, to establish a simplified procedure for prosecuting certain federal offences as an alternative to the summary conviction process under the Criminal Code. The Act provides that offences designated as “contraventions” may be prosecuted by means of a ticket. The Contraventions Regulations establish a short-form description and an applicable fine for each contravention. They do not create new offences nor do they impose new restrictions or burdens on individuals or businesses. They are an essential element for the pursuit of the following three objectives underlying the Act: to decriminalize certain federal offences, to ease the courts’ workload and to improve the enforcement of federal legislation. While there is no data from which one can draw a comparison, there is consensus among all key players that designating contraventions results in savings to the entire justice system and provides the public with a quicker and more convenient process for handling federal offences.
The internal structure of the new Small Vessel Regulations is significantly different from their previous version. The wording of some of its provisions in relation to specific safety equipment is also amended. Thus, the existing short-form descriptions in Part II of Schedule I.1 to the Contraventions Regulations needed to be replaced as they no longer reflected the actual offences and terminology in the new SmallVessel Regulations. For instance, the term “personal lifesaving appliance” is now used instead of “personal protection equipment” because the SmallVessel Regulations are being harmonized with the standards and terminology for safety equipment set out in the International Maritime Organization Lifesaving Appliances Code.
Furthermore, the following fine amounts, which were at least ten years out of date, are being increased in response to police and stakeholder groups:
(a) The fine relating to fire extinguishers, lifejackets and personal flotation devices (PFDs) is changed from a single fine of $100 for failing to carry a sufficient number of lifejackets or PFDs to $200 for the first missing fire extinguisher, lifejacket or PFD, and $100 for each additional.
(b) The general fines for improper maintenance of safety equipment, or for carrying the wrong type of lifejacket or PFD, are increased from $100 to $200.
(c) The fines related to personal lifesaving appliances, vessel safety equipment or navigation equipment are increased from $100 to $200 plus $100 for each additional appliance or equipment missing. As a result, the operator of a pleasure craft that was missing both a re-boarding device and a buoyant heaving line will now be subject to a single $300 fine.
(d) Fines for willfully removing compliance notices or Hull Serial Numbers are increased from $100 to $350.
(e) Fines for failing to observe safety precautions are increased from $100 to $250.
(f) The fine for allowing fuel to be discharged from a vessel is increased from $100 to $500.
(g) The fine for careless operation of a vessel is increased from $100 to $350.
Consultation
The designation of offences as contraventions is not controversial at all. In the last 24 months, Transport Canada has discussed the proposed amendments to the Contraventions Regulations at the twice yearly Canadian Marine Advisory Councils, both National and Regional. As well, the proposed amendments have been discussed with police and other enforcement partners.
In general, boating organizations support this proposal because it is seen as a mechanism for making enforcement more efficient. In all of the public interaction on this issue, most attention has focused on ensuring the Contraventions Regulations remain current and permit continued and uninterrupted enforcement of marine law.
To foster compliance, fines for various offences were established in consultation with police forces. This amendment provides for increases in fine amounts where police agencies have indicated that higher fines would be more effective in obtaining compliance with the subject matter regulations. The fines are not perceived as a trivial cost in the operation of a vessel nor are they excessive to the point of enticing most offenders to elect a trial in order to avoid paying the fine.
Implementation, enforcement and service standards
Transport Canada maintains the lead role with respect to the enforcement of non-pleasure vessels; there are approximately 3 million licensed pleasure craft in Canada, and another 3 million rowing vessels, canoes and kayaks that are not required to be licensed. Consequently, Transport Canada depends on enforcement partners, as set out in section 194 of the Canada Shipping Act 2001, to enforce the Regulations. These partners include RCMP, provincial, and municipal police as well as other enforcement agencies such as Conservation Officers that have been designated by the Minister.
Transport Canada’s enforcement partners will be informed of this amendment immediately after it comes into force. Transport Canada, through its National and Regional Marine Safety offices, maintains close relationships with its enforcement partners.
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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