Contraventions Act Evaluation, Final Report

7. Recommendations And Management Response

Recommendation 1

The Department of Justice Canada, in collaboration with other federal departments, should assess opportunities for expanding the current scope of the Contraventions Act.

Management Response

Management agrees with this recommendation. The Department will work towards the creation of a network of federal institutions currently involved with contraventions to explore the possibility of expanding the use of contraventions and to put in place, in cooperation with Legislative Services, operating procedures in order to be kept abreast of legislative changes. The issue of cost recovery in relation to training will be explored.

Recommendation 2

The Department of Justice Canada should explore avenues for collecting unpaid fines relating to federal contraventions.

Management Response

Management agrees with this recommendation. In the late 1990's, the Department had discussed the matter of collecting unpaid fines with representatives of the Canada Revenue Agency. As several issues had been raised, the Department did not pursue the matter any further. The Department will again explore the feasibility of collecting unpaid fines relating to federal contraventions by examining all possibilities in order to determine whether these fines can be collected.

Recommendation 3

The implementation of the Contraventions Act in Newfoundland and Labrador, Saskatchewan and Alberta should be considered a priority of the Department of Justice Canada.

Management Response

Management agrees with this recommendation. The Department is already in negotiations with Newfoundland and Labrador and anticipates being able to enter into an agreement with the province by the end of the fiscal year. The delay in reaching agreement has been outside of the control of the Department. The Department will also pursue the interest of Alberta and Saskatchewan in entering into an agreement to implement contraventions in their respective jurisdictions. In addition, the Department will review all its agreements to ensure some uniformity across Canada.

Recommendation 4

The Department of Justice Canada should implement a consistent data collection strategy in all provinces where the Contraventions Act is currently operational. This data should include, at a minimum, yearly statistics on the number and types of federal contraventions tickets being issued, challenged in court, and paid.

Management Response

Management agrees with this recommendation. The Department will explore provincial and territorial interest in establishing a federal-provincial-territorial working group to ensure full implementation of contraventions, to discuss the collection of useful data to support the use of contraventions and to establish a close network to engage provincial and territorial stakeholders.

Recommendation 5

The Department of Justice Canada should consider allocating additional resources to execute its mandate, enabling it to fulfill more adequately its duties which would include the implementation of the above recommendations, training and other activities to ensure that the Contraventions Act is implemented across Canada.

Management Response

Management agrees with this recommendation. The Department will bring to the attention of senior management the need to establish a team whose qualifications fully reflect the nature of the duties related to the implementation of a legislative scheme across Canada, as well as the challenges and issues common to the evolution of this file.

Management wishes to establish a stable and durable team that will be in a position to ensure the implementation of not only the Contraventions Act, but also the continued management of the various operations and structures required to ensure the full achievement of the objectives of the regime established by the Act. Therefore, management believes it is appropriate to reorganize the team in order to respond adequately and in a timely manner to the increasing demands of client departments, in particular within the framework of the increased complexity of the regulatory process, as well as to the necessity to implement the regime throughout Canada and to the service and legal guidance delivery. These elements constitute the basis for the implementation of the Contraventions Act.

In addition, a relevant team will enable the creation and maintenance of a network of federal institutions and a federal-provincial-territorial working group to ensure not only that our practices are uniform, but that they are constantly improving.