Evaluation of the Contraventions Act Program

Appendix C: Data collection Instruments

Interview Guide for Court Managers

The Department of Justice Canada is conducting an evaluation of the Contraventions Act Program, including the Contraventions Act itself and the Contraventions Act Fund which supports the implementation of the Act. The evaluation will deal with the implementation and administration of the Act and Fund, as well as issues including their relevance and performance (effectiveness, efficiency and economy). It covers a three-year period, beginning with fiscal year 2013-14 and ending with fiscal year 2015-16. Justice Canada hired PRA Inc. to support this evaluation process.

As part of the evaluation, we will be conducting interviews with a range of key informants involved in the implementation of the Act. The information we gather will be summarized in aggregate form, which means you will not be identified in any way. Additionally, your participation in this interview is voluntary and you may withdraw from the study at any time. If there are specific questions that you would prefer not to answer or that you feel you do not have the information to address, please let us know and we will continue on to the next question.

Introduction

Could you describe your current role and responsibilities and how they relate to the implementation of the Contraventions Act?

Implementation of the Contraventions Act Program

Contraventions Act

Could you describe the process you have used to implement the Contraventions Act in your court? Who was involved in this process? What activities (such as recruiting and training) have you used during this process?
What challenges have you faced during the implementation of the Contraventions Act? How have you addressed these challenges?
What are the differences between enforcing a federal contravention and a provincial offence? Please elaborate.

Contraventions Act Fund

Can you describe the extent to which your court is able to offer services in both official languages in the following circumstances:
1. When a person comes to the registry to pay a fine associated with a federal contravention?
2. When a person contacts the court by telephone to receive additional information about the contravention ticket that they received?
3. When a person appears before the court (usually a justice of the peace), to plead guilty of the contravention entered on the ticket, but with the intention of providing extenuating circumstances in order to reduce the fine imposed?
4. When a person wishes to challenge the charge written up in the ticket for committing a contravention?

Reporting and statistics

What data do you have on the number and types of federal contraventions that have been enforced in your court? Is it possible to access this data? If so, how?
What data do you have on the number of provincial offences enforced in your court (e.g., number of tickets issued, number of cases where individuals have entered a guilty plea with explanations, number of trials)? Is it possible to access this data?
Could you describe the reporting system between your court and the provincial ministry, as it relates to the implementation of the Contraventions Act? Have you faced any challenges in meeting these reporting requirements? If so, how did you address these challenges?

Results

One of the main goals of the Contraventions Act is to facilitate the enforcement of federal laws and regulations by enforcement authorities. In your opinion, please describe the extent to which the Contraventions Act has reached this goal.
Are there any aspects of the Contraventions Act that could be improved? If so, which ones?
In your opinion and based on your experience, does the Contraventions Act make the legal system fairer? Does it make the process more efficient? Please elaborate.

Conclusion

Do you have any questions or comments about elements that we have not discussed?

Thank you for your participation.

Interview Guide for Enforcement Authorities

Introduction

Could you describe your current role and responsibilities? With whom do you work?
The federal government adopted the Contraventions Act to allow enforcement officers to issue tickets instead of having to launch criminal procedures leading to a summary conviction of offenders. Could you describe the impact of this process on the work of your organization?
In your opinion, is there a need for such a ticketing system to enforce federal statutory offences? Please elaborate.

Offences sanctioned by a contravention

Did your organization offer training specific to the application of the Contraventions Act? If so, who provided and who attended the training? How satisfied were you with this training? If training was not provided, is such training required? Please elaborate.
Could you describe the process that you currently use to enforce federal statutory offences that have been designated as federal contraventions? How do enforcement officers make the decision to issue a ticket to a contravener? Do they have any discretion? To what extent?
What instruments or tools (e.g., guide, manual) do enforcement officers have at their disposal to support their work relating to federal contraventions?
How satisfied are you with the existing system relating to federal contraventions? What are the benefits of this system? What challenges do you face with issuing tickets?
In your opinion, should the ticketing system contained in the Contraventions Act be expanded to other federal statutory offences? If so, which ones?

Offences sanctioned by a summary conviction

Could you describe the various steps that enforcement officers go through when enforcing a federal statutory offence by way of the summary conviction process? What interaction will they have with prosecutors and court personnel?
What are the benefits of proceeding by way of summary conviction? What are the challenges associated with this procedure?
When it comes to federal statutory offences, under what circumstances would it be preferable to proceed by way of summary conviction rather than a ticketing system?

Implementation of the Contraventions Act Fund

Can you describe the extent to which enforcement officers are aware of the language requirements related to the Contraventions Act?
Did your organization offer training specific to the language requirements related to the Contraventions Act? If so, who provided and who attended the training? How satisfied were you with this training? If training was not provided, is such training required? Please elaborate.
What instruments or tools do enforcement officers have at their disposal to ensure they comply with the language requirements related to the Contraventions Act?

Conclusion

In your opinion, and based on your experience, does the Contraventions Act make the enforcement of federal statutory offences fairer? Does it make the process more efficient? Please elaborate.
Do you have any questions or comments on elements that we have not discussed?

Thank you for your participation.

Interview Guide for Enforcement Officers

The Department of Justice Canada is conducting an evaluation of the Contraventions Act Program, including the Contraventions Act itself and the Contraventions Act Fund, which supports the implementation of the Act. The evaluation will deal with the implementation and administration of the Act and Fund, as well as issues including their relevance and performance (effectiveness, efficiency and economy). It covers a three-year period, beginning with fiscal year 2013-14 and ending with fiscal year 2015-16. Justice Canada hired PRA Inc. to support this evaluation process.

Introduction

Could you describe your current role and responsibilities as an enforcement officer? With whom do you work?
Your province has implemented the federal contraventions regime that allows enforcement officers to issue tickets for federal contraventions instead of having to launch criminal procedures leading to a summary conviction of offenders. Could you describe the impact of this process on your work?
In your opinion, is there a need for such a ticketing system to enforce federal statutory offences? Please elaborate.

Offences sanctioned by a contravention

Did you receive any training specific to the application of the Contraventions Act? If so, who provided the training? How satisfied were you with this training? If you did not receive training, is such training required? Please elaborate.
Could you describe the process that you currently use to enforce federal statutory offences that have been designated as contraventions? How do you make the decision to issue a ticket to a contravener? Do you have any discretion? To what extent?
What instruments or tools (e.g., guide, manual) do you have at your disposal to support your work relating to federal contraventions?
How satisfied are you with the existing system relating to federal contraventions? What are the benefits of this system? What challenges do you face with issuing tickets?
In your opinion, should the ticketing system contained in the Contraventions Act be expanded to other federal statutory offences? If so, which ones?

Offences sanctioned by a summary conviction

Could you describe the various steps that you go through when enforcing a federal statutory offence by way of the summary conviction process? What interaction will you have with prosecutors and court personnel?
What are the benefits of proceeding by way of summary conviction? What are the challenges associated with this procedure?
When it comes to federal statutory offences, under what circumstances would it be preferable to proceed by way of summary conviction rather than a ticketing system?

Implementation of the Contraventions Act Fund

Can you describe the extent to which you are aware of the language requirements related to the Contraventions Act?
Did your organization offer training specific to the language requirements related to the Contraventions Act? If so, who provided the training? Did you attend the training? How satisfied were you with this training? If training was not provided, is such training required? Please elaborate.
What instruments or tools do you have at your disposal to ensure that you are complying with the language requirements related to the Contraventions Act when issuing a ticket to a contravener?

Conclusion

In your opinion, and based on your experience, does the Contraventions Act make the enforcement of federal statutory offences fairer? Does it make the process more efficient? Please elaborate.
Do you have any questions or comments on elements that we have not discussed?

Thank you for your participation.

Interview Guide for representatives from other federal departments

The Department of Justice Canada is conducting an evaluation of the Contraventions Act Program, including the Contraventions Act itself and the Contraventions Act Fund, which supports the implementation of the Act. The evaluation will deal with the implementation and administration of the Act and Fund, as well as issues including their relevance and performance (effectiveness, efficiency and economy). It covers a three-year period, beginning with fiscal year 2013-14 and ending with fiscal year 2015-16. Justice Canada hired PRA Inc. to support this evaluation process.

Introduction

Could you describe your current role and responsibilities? To date, what has been your role in relation to the Contraventions Act?

Relevance

Your department has decided to use contraventions as a means of enforcing some of its statutory offences. Based on your experience, could you describe how this decision was made? Could you describe what the key considerations behind this decision were?
As far as you know, is your department planning to expand the current scope of the Contraventions Act’s application to other offences that are under its authority? If so, could you briefly summarize the strategy or process that your department intends to follow?
Could you indicate who is enforcing laws and regulations on behalf of your department? Is there a specific enforcement unit that has been designated (federal, provincial, municipal, or other)?
Could you describe the implications, if any, for your department to have access to the procedures related to the Contraventions Act (i.e., a ticketing system)?
Has your department faced difficulties or challenges in enforcing some of its laws and regulations? If so, what have they been? Do you have some understanding of the factors that may contribute to these challenges?
Generally speaking, how useful is the Contraventions Act as a tool to reach some of your department’s goals?

Enforcement of contraventions

Could you describe the current process used to administer contraventions for which your department is responsible in the provinces where the Contraventions Act is operational?
How satisfied are you with this process? Could you elaborate on any challenges or lessons learned with this process?
What is the process used for administrating federal offences for which your department is responsible in the provinces where the Contraventions Act is not operational?
What are the impacts, if any, of the Act being non-operational in some provinces? Does this create legal risks?

Statistics and data

Does your department have any data about the enforcement of its laws and regulations? If yes, do you keep track of the number and type of offences that have been designated as contraventions? If so, how can we access this data? If not, do you know of any organization that would have these statistics available? Do you know how many contraveners are fined or prosecuted each year?

Results

One of the main goals of the Contraventions Act is to facilitate the enforcement of federal laws and regulations by enforcement authorities. Please describe the extent to which the Contraventions Act has reached this goal.
In your opinion, to what extent has the Contraventions Act Fund allowed the federal government to comply with official language requirements?
Are there any aspects of the Contraventions Act and Contraventions Act Fund that could be improved?
In your opinion, and based on your experience, does the Contraventions Act make the legal system fairer? Please elaborate.
If applicable, please describe strategies, other than those of the Fund’s implementation, that would make it possible to achieve the same results, but in a more effective manner.

Conclusion

Do you have any questions or comments on elements that we have not discussed?

Thank you for your participation.

Interview Guide for representatives of the Department of Justice

The Department of Justice Canada is conducting an evaluation of the Contraventions Act Program, including the Contraventions Act itself and the Contraventions Act Fund, which supports the implementation of the Act. The evaluation will deal with the implementation and administration of the Act and Fund, as well as issues including their relevance and performance (effectiveness, efficiency and economy). It covers a three-year period, beginning with fiscal year 2013-14 and ending with fiscal year 2015-16. Justice Canada hired PRA Inc. to support this evaluation process.

Introduction

Could you describe your current role and responsibilities and how they relate to the implementation of the Contraventions Act?

Relevance

Please describe how the implementation of the Contraventions Act aligns with the activities and priorities of the Department.
To date, the federal government has used existing provincial prosecution schemes to prosecute federal contraventions, as opposed to creating a new federal structure as authorized by the Act (through sections that have yet to come into force). In your opinion, is this still the most appropriate approach for the implementation of the Contraventions Act?
To what extent is the Contraventions Act Fund aligned with the purpose and objectives of the Roadmap for Canada’s Official Languages 2013-2018? Please elaborate.

Implementation of the Contraventions Act Program

Contraventions Act

What challenges, if any, has the Department faced during the implementation of the Contraventions Act? How have you addressed these challenges?
Please describe the process leading to the negotiation and signing of agreements with provincial governments for the implementation of the Contraventions Act. Are there any changes that should be implemented to improve this process? If so, which ones?
What are the impacts, if any, of the Contraventions Act being non-operational in some provinces? Does this create legal risks? What is your strategy relating to these jurisdictions where the Act is not operational?
As far as you know, have enforcement authorities faced difficulties or challenges in enforcing laws and regulations designated as contraventions? Do you have some understanding of the factors that may contribute to these challenges?

Contraventions Act Fund

Please describe the process leading to the identification of activities required by a province and funded by the Contraventions Act Fund. To what extent is the current list of funded activities adequate?
Can you describe what you consider to be the main challenges, if any, faced by the Department in relation to the implementation of the Contraventions Act Fund? What is your strategy to address these challenges?

Results

Contraventions Act

One of the main goals of the Contraventions Act is to facilitate the enforcement of federal laws and regulations by enforcement authorities. Please describe the extent to which the Contraventions Act has reached this goal.
What aspects of the Contraventions Act, if any, could be improved?
In your opinion and based on your experience, does the Contraventions Act make the legal system fairer? Does it make the process more efficient? Please elaborate.

Contraventions Act Fund

In your opinion, to what extent has the implementation of the Fund allowed the federal government to comply with official language requirements?
What have been the most significant challenges arising from the implementation of the Fund?
If applicable, please describe strategies, other than those of the Fund’s implementation, that would make it possible to achieve the same results, but in a more effective manner?

Reporting and statistics

To date, have provincial governments submitted all financial and activity reports as described in the Contraventions Act agreements? Have you faced any particular challenges in obtaining these reports?
What data do you have on the number and the types of federal contraventions that have been enforced in each province? Is this information sufficient to meet your needs?

Conclusion

Do you have any other comments?

Thank you for your participation.

Interview Guide for Legal Counsel

The Department of Justice Canada is conducting an evaluation of the Contraventions Act Program, including the Contraventions Act itself and the Contraventions Act Fund, which supports the implementation of the Act. The evaluation will deal with the implementation and administration of the Act and Fund, as well as issues including their relevance and performance (effectiveness, efficiency and economy). It covers a three-year period, beginning with fiscal year 2013-14 and ending with fiscal year 2015-16. Justice Canada hired PRA Inc. to support this evaluation process.

Introduction

Could you describe your current role and responsibilities within the Legal Services Unit? To date, what has been your role in relation to the Contraventions Act?

Relevance

Your client department has decided to use contraventions as a means of enforcing some of its statutory offences. Based on your experience, could you describe how this decision was made? Could you describe what the key considerations behind this decision were?
As far as you know, is your client department planning to expand the current scope of the Contraventions Act’s application to other offences that are under its authority? If so, could you briefly summarize the strategy or process that your client department intends to follow?
Could you indicate who is enforcing laws and regulations on behalf of your client department? Is there a specific enforcement unit that has been designated (federal, provincial, municipal, or other)?
Could you describe the implications, if any, for your client department to have access to the procedures related to the Contraventions Act (i.e., a ticketing system)?
Has your client department faced difficulties or challenges in enforcing some of its laws and regulations? If so, what have been these challenges? Do you have some understanding of the factors that may contribute to these challenges?
Generally speaking, how useful is the Contraventions Act as a tool to reach some of your client department’s goals?

Enforcement of contraventions

Could you describe the current process used to administer contraventions for which your client department is responsible in the provinces where the Contraventions Act is operational?
How satisfied are you with this process? Could you elaborate on any challenges or lessons learned with this process?
What is the process used for administrating federal offences for which your client department is responsible in the provinces where the Contraventions Act is not operational?
What are the impacts, if any, of the Act being non-operational in some provinces? Does this create legal risks?

Statistics and data

Does your client department have any data about the enforcement of its laws and regulations? If yes, do you keep track of the number and type of offences that have been designated as contraventions? If so, how can we access this data? If not, do you know of any organization that would have these statistics available? Do you know how many contraveners are fined or prosecuted each year?

Results

One of the main goals of the Contraventions Act is to facilitate the enforcement of federal laws and regulations by enforcement authorities. Please describe the extent to which the Contraventions Act has reached this goal.
In your opinion, to what extent has the Contraventions Act Fund allowed the federal government to comply with official language requirements?
Are there any aspects of the Contraventions Act and Contraventions Act Fund that could be improved?
In your opinion, and based on your experience, does the Contraventions Act make the legal system fairer? Please elaborate.
If applicable, please describe strategies, other than those of the Fund’s implementation, that would make it possible to achieve the same results, but in a more effective manner.

Conclusion

Do you have any questions or comments on elements that we have not discussed?

Thank you for your participation.

Interview Guide for Public Prosecution Services Management

The Department of Justice Canada is conducting an evaluation of the Contraventions Act Program, including the Contraventions Act itself and the Contraventions Act Fund, which supports the implementation of the Act. The evaluation will deal with the implementation and administration of the Act and Fund, as well as issues including their relevance and performance (effectiveness, efficiency and economy). It evaluation covers a three-year period, beginning with fiscal year 2013-14 and ending with fiscal year 2015-16. Justice Canada hired PRA Inc. to support this evaluation process.

Introduction

Could you briefly describe your role and responsibilities and how they relate to the enforcement of federal statutory offences?

Court procedures

Could you describe the process used for federal offences that have been designated as contraventions? What procedures does your service follow when someone decides to challenge the ticket he received?
What are the benefits of proceeding by way of summary conviction (as opposed to the procedure established through the Contraventions Act)? What are the challenges, if any, associated with this measure?
What would be the key differences in the duties of your prosecutors when they prosecute an individual under a federal statutory offence as opposed to a provincial one? Please elaborate.

Implementation of the Contraventions Act Program

With the implementation of the Contraventions Act, enforcement officers have the option of issuing a ticket in relation to a federal statutory offence that has been designated as a contravention. Based on your experience, has the implementation of this process had an impact on the function of your prosecutors? Please elaborate.
How are prosecutors informed about the Contraventions Act? Do they receive materials or training? How satisfied are you with this process?
Have you encountered any challenges or difficulties in the application of the Contraventions Act? If so, what were they? How did you address them?
In your opinion, should the scope of the Contraventions Act be expanded to include other federal statutory offences? If so, in which areas?
Based on your experience, can you describe the extent to which the courts are able to offer services in both official languages when a person wishes to challenge the charge for committing a contravention written up in the ticket?

Results

One of the main goals of the Contraventions Act is to facilitate the enforcement of federal laws and regulations by enforcement authorities. Please describe the extent to which the Contraventions Act has reached this goal.
Are there aspects of the Contraventions Act that could be improved?
In your opinion, and based on your experience, does the Contraventions Act make the legal system fairer? Does it make the process more efficient? Please elaborate.

Conclusion

Do you have any questions or comments on elements that we have not discussed?

Thank you for your participation.

Interview Guide for Public Prosecution Services

The Department of Justice Canada is conducting an evaluation of the Contraventions Act Program, including the Contraventions Act itself and the Contraventions Act Fund, which supports the implementation of the Act. The evaluation will deal with the implementation and administration of the Act and Fund, as well as issues including their relevance and performance (effectiveness, efficiency and economy). It evaluation covers a three-year period, beginning with fiscal year 2013-14 and ending with fiscal year 2015-16. Justice Canada hired PRA Inc. to support this evaluation process.

Introduction

Could you briefly describe your role and responsibilities and how they relate to the enforcement of federal statutory offences?

Court procedures

Could you describe the process used for federal offences that have been designated as contraventions? What procedures do you follow when someone decides to challenge the ticket he received?
What are the benefits of proceeding by way of summary conviction (as opposed to the procedure established through the Contraventions Act)? What are the challenges, if any, associated with this measure?
What would be the key differences in your duties when you prosecute an individual under a federal statutory offence as opposed to a provincial one? Please elaborate.

Implementation of the Contraventions Act Program

With the implementation of the Contraventions Act, enforcement officers have the option of issuing a ticket in relation to a federal statutory offence that has been designated as a contravention. Based on your experience, has the implementation of this process had an impact on your function as a prosecutor? Please elaborate.
How were you informed about the Contraventions Act? Did you receive materials or training? How satisfied are you with this process?
Have you encountered any challenges or difficulties in the application of the Contraventions Act? If so, what were they? How did you address them?
In your opinion, should the scope of the Contraventions Act be expanded to include other federal statutory offences? If so, in which areas?
Based on your experience, can you describe the extent to which the courts are able to offer services in both official languages when a person wishes to challenge the charge for committing a contravention written up in the ticket?

Results

One of the main goals of the Contraventions Act is to facilitate the enforcement of federal laws and regulations by enforcement authorities. Please describe the extent to which the Contraventions Act has reached this goal.
Are there aspects of the Contraventions Act that could be improved?
In your opinion, and based on your experience, does the Contraventions Act make the legal system fairer? Does it make the process more efficient? Please elaborate.

Conclusion

Do you have any questions or comments on elements that we have not discussed?

Thank you for your participation.

Interview Guide for Representatives of Provincial Governments

The Department of Justice Canada is conducting an evaluation of the Contraventions Act Program, including the Contraventions Act itself and the Contraventions Act Fund, which supports the implementation of the Act. The evaluation will deal with the implementation and administration of the Act and Fund, as well as issues including their relevance and performance (effectiveness, efficiency and economy). The evaluation covers a three-year period, beginning with fiscal year 2013-14 and ending with fiscal year 2015-16. Justice Canada hired PRA Inc. to support this evaluation process.

Introduction

Could you describe your current role and responsibilities and how they relate to the implementation of the Contraventions Act?

Implementation of the Contraventions Act Program

Contraventions Act

Could you describe the process you have used to implement the Contraventions Act? What has been your ministry’s role? How have you involved other stakeholders, such as court managers and personnel, enforcement authorities, etc.?
What challenges, if any, have you faced during the implementation of the Contraventions Act? How have you addressed these challenges?
How satisfied are you with the current agreement signed between your government and the Department of Justice Canada? Are there any changes that should be implemented to strengthen the agreement? If so, which ones?
Please describe your level of satisfaction with the process leading to the signing of your agreement with the federal government to implement the Contraventions Act.

Contraventions Act Fund

Please describe how your government identifies its official language needs associated with the implementation of the Contraventions Act. What activities are you undertaking to identify those needs, and who are the stakeholders consulted?
Please describe the implementation of your activities supported by the Fund over the past three years. What are your key accomplishments? What are the main challenges you have faced?

Results

Contraventions Act

One of the main goals of the Contraventions Act is to facilitate the enforcement of federal laws and regulations by enforcement authorities. Please describe the extent to which the Contraventions Act has reached this goal.
What aspects of the Contraventions Act could be improved?
In your opinion, and based on your experience, does the Contraventions Act make the legal system fairer? Does it make the process more efficient? Please elaborate.

Contraventions Act Fund

Can you describe the extent to which the courts in your province are able to offer services in both official languages in the following circumstances:
1. When a person comes to the registry to pay a fine associated with a federal contravention?
2. When a person contacts a court in the province by telephone to receive additional information about the contravention ticket that they received?
3. When a person appears before the court (usually a justice of the peace) to plead guilty of the contravention entered on the ticket, but with the intention of providing extenuating circumstances in order to reduce the fine imposed?
4. When a person wishes to challenge the charge for committing a contravention written up in the ticket?
In your opinion, what has been achieved to date as a result of the Fund’s implementation? What have been the most significant challenges?
If applicable, please describe strategies, other than those of the Fund’s implementation, that would make it possible to achieve the same results, but in a more effective manner.

Reporting and statistics

To date, have you been able to submit all financial and activity reports as described in your Contraventions Act agreement? Have you faced any particular challenges in producing these reports?
What data do you have on the number and the types of federal contraventions that have been enforced in your province? Have there been any challenges in obtaining this data? Have any strategies been developed to improve your ministry’s ability to gather this data?
What data do you have on the number of provincial offences enforced in your province (e.g., number of tickets issued, number of cases in which individuals have entered a guilty plea with explanations, number of trials)? Is it possible to access this data?

Conclusion

Do you have any other comments?

Thank you for your participation

Date modified:: 2022-05-13