Evaluation of the Contraventions Act Program

Executive Summary

Introduction

The evaluation of the Contraventions Act Program was conducted by the Department of Justice Evaluation Branch and covers fiscal years 2016-17 to 2019-20. It was completed in accordance with the Treasury Board’s Policy on Results and the Financial Administration Act, and considered the broader accountability process related to the Action Plan for Official Languages 2018-2023.

The evaluation’s main objectives were to assess measures undertaken by Justice, particularly those of the Programs Branch, to support the implementation and management of the contraventions regime, as well as measures undertaken by provincial governments and municipalities where the contraventions regime is operational.

Program Description

The Contraventions Act (the Act) allows the federal government to designate federal statutory offences as contraventions, which may be enforced by means of tickets, instead of prosecuting these offences under the summary conviction processFootnote 1 established in the Criminal Code. By establishing a ticketing procedure, the impact on offenders that results from a conviction based on a federal contravention ticket is lessened, the significant burden of the summary conviction process is eliminated, and the use of court resources is reduced.

To implement the contraventions regime, the federal government relies on existing provincial ticketing schemes. To this end, it has signed agreements with participating provinces to make existing provincial ticketing schemes applicable to federal contraventions.

Enforcement officers can start using a provincial ticketing scheme to enforce federal contraventions when both following legal requirements are met: the incorporation by reference of the provincial legislation has been completed in accordance with the Application of Provincial Laws Regulations; and an agreement has been signed with the relevant provincial government, in conformity with the Contraventions Act. At the time of the evaluation, the Act was operational in all provinces except Saskatchewan and Alberta, and in two municipalities, Ottawa and Mississauga. It is not yet operational in the three territories.

As for the Contraventions Act Program, it consists of a range of coordinated responsibilities undertaken by Justice which are necessary for the implementation of the contraventions regime. These responsibilities include the provision of legal services in matters related to ticketing procedures, designation of federal offences as contraventions, required amendments to applicable regulations, negotiation of agreements, determination of appropriate measures related to language rights, management of the regime in provinces, management of a Federal-Provincial-Territorial working group and a Justice Department Study Group, and management of the transfer payment program referred to as the Contraventions Act Fund. This Fund supports the implementation of measures put in place by provincial or municipal governments and designed to ensure the provision of judicial and extra-judicial services to offenders in both official languages as stated in the Criminal Code (judicial services) and the Official Languages Act (extra-judicial services).

Findings

Relevance

The contraventions regime supports the federal government’s goal of ensuring a fair, relevant and accessible justice system. It establishes a clearer distinction between statutory and criminal offences, and it provides a prosecution scheme that adequately reflects the specific nature of statutory offences. Because of the contraventions regime, enforcement authorities are better equipped to carry out their mandate, and those served with a contravention ticket have reasonable and effective means at their disposal to pay the fine or challenge the ticket. Individuals being served a ticket issued through the contraventions regime face no possibility of imprisonment and will not have a criminal record in the event that they are found guilty of having committed the offence. While progress has been made to increase the number of offences designated as contraventions, continued progress in this regard is essential for the contraventions regime to remain relevant.

The contraventions regime also contributes to the important objective of increasing the efficiency of the court system, which continues to face pressures to proceed with cases within a reasonable timeframe. By design, the contraventions regime limits the number of scenarios under which the court system must be engaged, which serves all justice stakeholders and allows enforcement authorities to effectively carry out their mandate.

While the Contraventions Act Fund is an essential component of the regime as it ensures that all applicable language rights are upheld, it is not well aligned with the goal and purpose of the Action Plan for Official Languages. The current arrangement associates the Fund with the federal government’s duty towards enhancement of official language minority communities, whereas the Fund is solely meant to fulfil the government’s legal duties towards offenders’ language rights.

Effectiveness

The contraventions regime is adding a much-needed component in the toolbox of those enforcement officers charged with enforcing federal statutory offences designated as contraventions. During the period covered by the evaluation, an average of approximately 30,000 tickets were issued annually using the contraventions regime.

By spending more time on the ground monitoring and investigating, and less time preparing lengthy reports and attending court proceedings, and by having the capacity to react in a timely manner by issuing tickets on the spot when required, enforcement officers are operating within an overall framework that is well aligned with the nature of their responsibilities.

Participating provinces and municipalities also benefit from the contraventions regime, as it supports a greater level of enforcement of offences committed within their respective region and that may involve their own enforcement officers. In addition, provincial and municipal courts (as applicable) benefit greatly from having a ticketing system in place that prevents their limited resources from being unnecessarily drained to address offences that can be resolved through such a ticketing system. In order for the contraventions regime to achieve its full potential, it must be operational in all provinces, and the fine levels must be monitored and revised as required to achieve the desired impact on offenders.

Ultimately, Canadians benefit from a regime that adequately reflects the nature of statutory offences. Whether they decide to pay the fine or challenge the ticket, they will engage in a system that is fairer, more relevant and more accessible than what would be experienced in the absence of the regime.

The Programs Branch’s Legal Services Division and its Innovation, Analysis and Integration Directorate both provide critical support to participating provinces and municipalities to ensure a successful implementation and management of the regime, including the provision of services in both official languages in accordance with the applicable requirements contained in the Criminal Code and the Official Languages Act.

Efficiency

The current process used to allocate funding through the Contraventions Act Fund ensures that the funded measures adequately reflect the legal requirements related to official languages that are applicable to the implementation of the contraventions regime. The institutional bilingual capacity acquired through measures put in place not only serves the interest of the contraventions regime, but also enhances the capacity of these courts to operate in both official languages in other matters, such as criminal cases.

During the period covered by the evaluation, the Contraventions Act Program used approximately half of its allocated resources. New jurisdictions are expected to join the regime and require assistance to ensure that all applicable language rights are upheld. The extent to which all remaining resources would be required to meet the needs of these new participants will only be determined once agreements are in place.

As for the reporting provided by the participating provinces and municipalities, it would benefit from being more consistent and timely, particularly as it relates to data provided on the tickets issued and trials held.

Recommendations

Recommendation 1: The Programs Branch should continue to actively support the expansion of the scope of the contraventions regime by increasing the number of offences designated as contraventions. A particular focus should be placed on offences relevant to the Atlantic Provinces to reflect the fact that the regime is now operational in Newfoundland and Labrador.

Recommendation 2: The Programs Branch should pursue options to secure the participation of the provinces of Saskatchewan and Alberta in the contraventions regime, or establish alternative means by which the regime can be applicable, to the extent possible, in these two provinces.

Recommendation 3: The Programs Branch should engage the relevant federal departments and agencies 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.

Recommendation 4: The Programs Branch should review the current reporting process and work with participating provinces and municipalities to help ensure that more complete and consistent data regarding tickets issued and trials held is gathered and reported.

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