Evaluation of the Contraventions Act Program
Appendix A: Logic Model
Logic Model of the Contraventions Act Program
The following section describes the logic of the Contraventions Act Program and presents its graphical depiction.
Activities
Legal activities
Provision of legal advice and training
The Contraventions Act Team is the centre of expertise on the Act and its application and as such is called upon to provide legal opinions and advice to federal departments and agencies as well as to provincial counterparts on the Contraventions Act and the Official Languages Act as well as the Contraventions Regulations and the Application of Provincial Laws Regulations. Topics can include the administration of contraventions, fines and penalties, designation of enforcement authorities, the form of a ticket, incorporation by reference, use of constitutional powers in criminal cases, official languages, procedures, the role of the prosecutor, and designation of contraventions.
The Program also provides legal training through a practice group. Although the practice group is open to all departmental counsel, it focuses on counsel from Departmental Legal Services Units who work on the designation of offences, manage the substantive and regulatory process with drafters and Treasury Board analysts and advise on any legal issue related to the implementation of the scheme.
Regulatory activities
New contraventions: designating federal offences as contraventions
One of the fundamental provisions of the contraventions regime is found in subsection 8.(1) of the Contraventions Act. This subsection provides the Governor in Council the authority to make regulations designating as contraventions offences created by any enactment, other than offences for which an offender may be prosecuted only on indictment, establishing short-form descriptions of contraventions and establishing an amount as the amount of the fine for the purposes of proceedings commenced by means of a ticket.
The Contraventions Act Team has developed and systematized an approach to designate new contraventions in compliance with s.2 of the Act while partnering with federal departments engaged in this decriminalization process. The Contraventions Act Team also provides advice and assistance to client departments. This approach applies specific objective and subjective criteria that help to identify the applicable criminal procedure to a given offence, its offending nature as prescribed by a federal statute or regulation and assess the seriousness of the offence. For example, the offence should be a minor breach of a regulatory provision, imprisonment is not considered to be an appropriate sentence for the offence and the designation of the offence as a contravention does not trivialize the objective or value that the offence aims to protect. To date, approximately 3,000 offences under federal laws and regulations have been designated as contraventions. The vast majority of key informants consulted as part of the 2010 evaluation of the Act called for an increase of the number of offences designated as contraventions in order to enlarge the scope of the contraventions regime.
Violations that may be designated as contraventions have to be offences of any Act of Parliament or regulations published in Part II of the Canada Gazette and are offences that may be prosecuted by summary conviction.
Amended Contraventions Regulations
The Contraventions Regulations, made under subsection 8.(1) of the Contraventions Act, lists all federal statutory offences that are to be treated as contraventions and includes a short-form description of the offence as well as the amount of the fine for each one.
The Contraventions Act Team amends the Contraventions Regulations when new offences are designated as contraventions. Furthermore, in order to avoid interpretation and enforcement issues and to maintain coherence, the Contraventions Act Team must amend the Contraventions Regulations when amendments to the provision in the primary act or regulations containing the offences have been performed.
Amending the Contraventions Regulations involves providing advice to the client departments, preparing regulatory process documents in conformity with Treasury Board requirements, partnering with Justice Headquarters Regulations Section and Cabinet Affairs, and Treasury Board, Cabinet Committee Operations Division.
While there are about 3,000 contraventions listed in the Contraventions Regulations, there are over 18,000 existing offences that could be designated as contraventions but currently are not.
Amended Application of Provincial Laws Regulations
In order to permit the prosecution of federal contraventions in accordance with the ticketing procedural scheme of each province and territory, Parliament uses the technique of incorporation by reference.
In light of the diversity and complexity of the existing provincial and territorial schemes, incorporating provincial laws with respect to prosecution within the Contraventions Act itself would have been a monumental task with the potential for numerous omissions. The incorporation of provincial systems by way of regulation accommodates practical requirements of flexibility and effectiveness and ensures there is a better link between the federal and provincial legislation in this regard.
Sections 65.1 to 65.3 of the Contraventions Act provide the legal and administrative framework for the use of a provincial or territorial offence scheme. As such, incorporation by reference of the provincial offence scheme makes it possible to use the procedures of that province for elements such as the lay-out of the ticket, the locations where voluntary payments may be made, the time within which the offender may elect to acknowledge or deny his or her guilt, etc.
Under section 65.1, the Governor in Council has made the Application of Provincial Laws Regulations which identifies, in its schedule, the laws of each province and territory which apply to contraventions and also notes the necessary changes that are to apply to these laws. Changes noted include equivalency of terminology between the terms used in the Contraventions Act and those used in the provincial statutes as well as exclusion of any provision that comes in conflict with the principles set out in the Act.
Amending the Application of Provincial Laws Regulations is necessary before an administration and enforcement agreement can be signed with a given province or where amendments to provincial statutes or regulations which are applicable to federal contraventions have been performed. Although this activity is the responsibility of the Contraventions Act Team, provincial counterparts are advised of the progress and invited to comment on the amendments before they are approved.
Implementation activities
Signed agreements with language rights and funding provisions
Section 65.2 of the Act allows the Minister of Justice to sign agreements with provinces. The agreements are termed “Administration and Enforcement Agreements” and include provisions dealing with the undertakings of Canada (typically regarding informing of changes to the Contraventions Regulations, training and prosecutions), and the undertakings of the province or territory (typically regarding sharing of fine revenues, language requirements, administration of tickets, communication and training required of court personnel and enforcement officers ) and provisions related to funding the measures that provinces undertake on the federal government’s behalf to ensure that language rights are respected and that are funded under the Contraventions Act Fund.
The Contraventions Act Fund is a transfer payment program whose objective is to implement, in cooperation with the provinces, territories and municipalities, measures to ensure the use of both official languages in proceedings instituted under the Contraventions Act. It is an essential element of the Contraventions Act Program, as without this Fund, it would be difficult to implement the Contraventions Act in the provinces in a manner that respects language rights in an efficient manner. Provisions dealing with the conditions of funding are contained in the Administration and Enforcement Agreement and respect the Treasury Board’s Policy on Transfer Payments.
The Contraventions Act Team works diligently to move negotiations forward toward getting the provinces or territories to sign Administration and Enforcement Agreements. However, provinces and territories must dedicate time and resources to work with the federal government to discuss the various undertakings required to fully implement the Act. Progress depends largely on the priorities and capacity of the provinces.
The key outputs relating to Implementation Activities are Amended Application of Provincial Laws Regulations, and Signed Administration and Enforcement Agreements.
Direct outcomes
Federal and provincial counterparts are better informed
Legal advice and opinions that the Contraventions Act Team provides to federal departments and agencies as well as to provincial counterparts result in a better understanding of the Act and an enlightened decision making process with regard to the use of the contraventions regime as an instrument of choice for federal statutory offences Successful implementation of the Act across Canada is dependent upon our federal and provincial partners having a clear understanding of the Contraventions Act and the Official Languages Act.
Enforcement authorities are better equipped to fulfill their duties
By having the option of using a ticket, enforcement officers are better equipped to enforce federal contraventions. A more straightforward ticketing system, compared to the summary conviction process, acts as an incentive for officers to support a stronger enforcement of federal statutory offences.
Jurisdictions are equipped to administer and enforce federal contraventions
Jurisdictions will be able to administer and enforce federal contraventions. This entails a range of activities that are ensconced in the Administration and Enforcement Agreements and typically include modifications to information management systems so that they can accept federal contraventions and provide statistical information, training of various staff, court staff and enforcement officers, amendments, printing and distribution of bilingual tickets, and measures guaranteeing language rights.
Measures guaranteeing language rights are in place
The Administration and Enforcement Agreements also contain provisions regarding the funding of measures guaranteeing language rights, which are funded through the Contraventions Act Fund. These measures are in place and available once the Administration and Enforcement Agreement is signed and the regime is established. Measures typically include judges and justices of the peace who are bilingual, counter staff and reception staff who are able to provide services in official languages, toll-free information lines, bilingual web sites, court interpretation services, etc.
Intermediate outcomes
Federal offences are enforced in an efficient and reliable manner for governments and courts
By having federal statutory offences designated as contraventions and administered and enforced through a provincial ticketing regime, federal offences that may have previously only been dealt with by issuing a warning, or conversely, by way of summary conviction proceedings, are enforceable in a manner that ensures that the law will be respected. The use of provincial ticketing regimes is an efficient and reliable manner to administer contraventions, using much less of the courts’ resources when compared to the summary conviction process. As well, some provincial regimes may allow for the use of sanctions as a consequence of nonpayment of fines.
Federal statutory offences that are more readily enforced support the fundamental role of Parliament to secure the integrity of the rule of law.
Reduced burdens for offenders, courts and federal government
The Contraventions Act offers benefits for the offender. The Act establishes a much clearer distinction between criminal and regulatory offences. Under the summary conviction process, alleged offenders must appear in court, even if it is to enter a guilty plea. Practically speaking, it means that someone who is accused by way of summary conviction would systematically end up in a criminal court that is also hearing criminal cases. By having the opportunity to pay the fine directly, the vast majority of individuals who are issued a contraventions ticket never interact with the court. In light of the distinction between criminal and regulatory offices, the Act abolishes the consequences in law of being convicted of a contravention: an offender does not have a criminal record. This is a significant change, given the impact that a criminal record can have on an individual’s ability to practice certain professions, find a job or even travel.
As well, the ability to pay a fine that is associated with a contraventions ticket also means that the person does not need to seek legal representation. The ticketing system offers the ability for the offender to deal quickly with a fine. Instead of having to wait for the summary conviction process to be initiated, the person who was issued a contraventions ticket and who does not wish to challenge that offence can pay immediately and close the file.
The implementation of the Act brings greater certainty and consistency in the way that federal statutory offences designated as contraventions are enforced. By having a set fine, Canadians can expect the same treatment wherever the Act is currently operational.
The Contraventions Act offers benefits for the courts. The summary conviction process uses the court’s limited time and resources. Even if an accused person wishes to enter a guilty plea to a summary conviction offence, he or she must proceed with a first appearance in court to enter that plea, which takes up the time of the judge (or justice of the peace), prosecutor and court personnel. The Contraventions Act provides an alternative to this process.
The Contraventions Act offers benefits for governments. At the federal level, the Act supports the fundamental role of Parliament to secure the integrity of the rule of law. By allowing the government to use existing provincial prosecution regimes to prosecute federal contraventions, the Act allows for an efficient and reliable method to administer and enforce contraventions. At the provincial level, the collection and sharing of fines and fees related to federal contraventions allows for a compensation that would not otherwise be possible and allows the administration of federal contraventions to be undertaken in a cost neutral manner.
Language rights are respected
Provinces that enforce federal contraventions are acting on behalf of the federal government and, as such, must uphold all language rights applicable to the prosecution of a federal offence. The Contraventions Act Fund plays a pivotal role in this regard by providing provinces and territories with funding to support measures.
Upon signing of an agreement, provinces are fully prepared to offer trials dealing with federal contraventions in a manner consistent with language rights protected in sections 530 and 530.1 of the Criminal Code. Each province has built the capacity to uphold these rights, which can be addressed in advance once a person alleged to have committed a federal contravention opts for a trial in French. As well, provinces must have in place measures to actively offer extra-judicial services in both official languages in all court locations covered by Part IV of the Official Languages Act.
Long term outcomes
The ultimate outcome of the Contraventions Act Program is: Increased access to justice in both official languages for offenders.
The combined efforts of both federal and provincial key players will result in a more equitable and efficient manner to enforce federal contraventions in a manner that respects language rights and actively offers services in both official languages.
Links to the strategic outcome of Justice Canada
Overall, the Contraventions Act Program is linked to the departmental strategic outcome of a fair, relevant and accessible Canadian justice system.
Contraventions Act Program Logic Model
Text version – Contraventions Act Program Logic Model
The Contraventions Act Program includes three activities:
- Legal Activities
- Regulatory Activities
- Implementation Activities
These activities produce several outputs:
- Legal Advice and Training
- New Contraventions
- Amended Contraventions Regulations
- Amended Application of Provincial Laws and Regulations
- Signed Agreements with Language Rights Funding Provisions
The direct outcomes of the Program are:
- Federal and Provincial Counterparts are Better Informed
- Enforcement Authorities are Better Equipped to Fulfill their Duties
- Jurisdictions are Equipped to Administer and Enforce Federal Contraventions
- Measures Guaranteeing Language Rights are in Place
The intermediate outcomes are:
- Federal Offences are Enforced in an Efficient and Reliable Manner
- Reduced Burdens for Offenders, Courts and Governments
- Language Rights are Respected
The long term outcome of the Contraventions Act Program is increased access to justice in both official languages for offenders, which contributes to a fair, relevant and accessible justice system.
- Date modified: