Forward Regulatory Plan 2017-2019

Proposed Regulatory Initiatives

Regulations Amending the Contraventions Regulations (Initiative II – Schedule I.3 CEPA, 1999)

Description of the objective

Schedule I.3 to the Contraventions Regulations must be amended to streamline the short-form descriptions contained in order to ensure that they are the length that allows them to be reproduced on the contraventions ticket. Furthermore, in order to maintain legal consistency, technical amendments will be made such as the repeal of Part XI of schedule I.3 (Vinyl Chloride Release Regulations, 1992), given that those regulations were repealed by Environment Canada. Once the offences found therein no longer exist, their prosecution under the Contraventions Act is no longer required nor are their corresponding short-form descriptions and fine amounts contained in the Contraventions Regulations. Additional technical amendments include the repeal of Part III (Chlor-Alkali Mercury Release Regulations), the replacement of Part VII (Ozone-Depleting Substances Regulations, 1998), and also amendments which will address certain recommendations made by the Standing Joint Committee for the Scrutiny of Regulations.

Enabling authority: Section 8 of the Contraventions Act

Business impact

There are no expected business impacts.

Public consultation opportunities

Because these amendments to Schedule I.3 to the Contraventions Regulations are technical, there are no expected consultations.

Department contact

Ghady Thomas, Counsel
Contraventions Act Implementation Management
Department of Justice Canada
613-954-6716

Amendments to Schedule II, III and IV to the Privacy Regulations (Investigative Bodies) and to Schedule I to the Access to Information Regulations (Investigative Bodies)

Description of the objective

This proposal would update the list of investigative bodies in Schedules II, III and IV to the Privacy Regulations and Schedule I to the Access to Information Regulations to reflect the name of an investigative body (in cases where the current name is different because the name was changed or as a result of a reorganization). The proposal would also add new entities to which a government institution may disclose personal information pursuant to paragraph 8(2)(e) of the Privacy Act (Schedule II of the Privacy Regulations). These entities are investigative bodies that need to obtain personal information from federal institutions to perform their mandate.

Business impact

There are no expected business impacts.

Public consultation opportunities

Consultations with the Office of the Privacy Commissioner of Canada and the Office of the Information Commissioner of Canada were conducted and completed.

A 30-day public consultation period took place following the pre-publication of the proposed amendments in Part I of the Canada Gazette in May 2017. No comments were received during the public consultation.

Department contact

Nicole Roy, Legal Counsel
Centre for Information and Privacy Law
Department of Justice Canada
613-941-7340

Amendments to the Release of Information for Family Orders and Agreements Enforcement Regulations

Description of the objective

This proposal would designate one additional information bank controlled by the department of Employment and Social Development Canada (ESDC) that may be searched under Part I of the Family Orders and Agreements Enforcement Assistance Act. The proposal would also update the names of the ESDC information banks presently listed in the Regulations. The proposal would strengthen capacity to locate persons in default of family support obligations and improve a provincial or territorial enforcement service's ability to collect family support by implementing wage-withholding.

Business impact

There are no expected business impacts.

Public consultation opportunities

Key stakeholders, namely ESDC and provincial and territorial enforcement services, have been consulted on an ongoing basis for a number of years, and most recently in 2015. The public was consulted through a publication in the Canada Gazette Part I, in October 2016 (no comments were received following pre-publication). The Office of the Privacy Commissioner has been consulted. Final publication of the changes is expected in 2017.

Department contact

Andina van Isschot, Counsel
Support Enforcement Law and Policy Unit
Department of Justice Canada
613-954-4320 

Regulations Amending the Samples of Bodily Substances Regulations

Description of the objective

Regulations Amending the Samples of Bodily Substances Regulations. The Response to the Decision of the SCC in R. v. Shoker Act established authority for a court to impose conditions requiring individuals who are subject to a court order to abstain from consuming alcohol or non-prescription drugs to provide bodily samples on demand to ensure compliance with the drug and alcohol prohibitions.

This proposed amendment responds to a technical drafting error in the French version of the Regulations, and while not one that will impede the regime from operating as intended, to ensure conformity the amendment is necessary.

Business impact

There are no expected business impacts.

Public consultation opportunities

Given the amendment responds to a technical drafting error, there are no expected consultations.

Department contact

Doug Hoover, Counsel
Criminal Law Policy Section
Department of Justice
613-954-1658

Amendments to the Release of Information for Family Orders and Agreements Enforcement Regulations

Description of the objective

The objective of the amendments is to update the list of federal information banks under section 3 of the Regulations.

Business impact

There are no expected business impacts.

Public consultation opportunities

Key stakeholders, namely Canada Revenue Agency and provincial and territorial enforcement services, have been consulted on an ongoing basis for a number of years, and most recently in 2016. The public will be consulted through a publication in the Canada Gazette Part I, expected to be in 2017.

Department contact

Andina van Isschot, Counsel
Family, Children and Youth Section
Department of Justice
613-954-4320

Amendment to the Family Support Orders and Agreements Garnishment Regulations

Description of the objective

Support payors are currently charged a fee of $38 per year for every garnishee summons issued against them to offset the costs of processing the summonses. This $38 fee per garnishee summons is charged every year and can accumulate for a five-year period. As such, the amount owed by the debtor in fees can increase with every year the garnishee summons is in place. The proposed amendments would instead provide for an annual $38 fee that would not accumulate. Any unpaid fee at the end of each year would be forgiven. Proposed amendments would reduce the financial impact on debtors. These amendments would also provide a better balance between government cost recovery objectives and reducing the financial burden on support debtors. 

Business impact

There are no expected business impacts.

Public consultation opportunities

Consultations with stakeholders related to the proposed Amendments to the Family Support Orders and Agreements Garnishment Regulations have been completed. We are aiming to have this proposed amendment pre-published in Part I of the Canada Gazette in the fall of 2017. Members of the public will have an opportunity to provide comments during the 30-day period following pre-publication in the Canada Gazette Part I.

Department contact

Annick Boulay, Counsel
Family, Children and Youth Section
Department of Justice
613-957-4696

Regulations amending the Contraventions Regulations (Transportation of Dangerous Goods Act)

Description of the objective

Schedule XV (Transportation of Dangerous Goods Act, 1992) to the Contraventions Regulations will be amended in order to designate offences contained in the Act as contraventions as well as amend existing short-form descriptions in order to better reflect the wording of the substantive provisions. This proposal also seeks to shorten the length of short-form descriptions so that they can be reproduced in the allotted space of the contraventions ticket.

Enabling authority: Section 8 of the Contraventions Act

Business impact

There are no expected business impacts.

Public consultation opportunities

A consultation was conducted by Transport Canada, which is responsible for the enforcement of the offences under the Transportations of Dangerous Goods Act, 1992.

Department contact

Ghady Thomas, Counsel
Contraventions Act Implementation Management
Department of Justice Canada
613-954-6716

Regulations amending the Contraventions Regulations (Canada Marine Act)

Description of the objective

Schedule I (Canada Marine Act) to the Contraventions Regulations will be amended in order to include the designation of an offence under the Ports Authorities Operations Regulations as a contravention.

Enabling authority: Section 8 of the Contraventions Act

Business impact

There are no expected business impacts.

Public consultation opportunities

An online consultation conducted by Transport Canada was held on the designation as contravention of the offence contained in the Ports Authorities Operations Regulations between May 1, 2017 and May 31, 2017.

Department contact

Ghady Thomas, Counsel
Contraventions Act Implementation Management
Department of Justice Canada
613-954-6716

Amendments to the Federal Child Support Guidelines

Description of the Objective

The proposed amendments update Schedule I (Federal Child Support Tables) of the Federal Child Support Guidelines (Federal Guidelines) using the existing child support formula and the 2016 tax rules.

The proposed amendments would ensure that child support amounts reflect the most current tax rules and are based on parents’ current capacity to pay. They would uphold the Federal Guidelines’ objective to establish a fair standard of support for children so that they continue to benefit from the financial means of both their parents after separation.

Business impact

There are no expected business impacts.

Public consultation opportunities

As the proposed amendments are technical in nature (i.e., child support amounts will be updated using the existing child support formula and 2016 tax rules), there are no public consultations expected.

The amendments were developed in collaboration with provincial and territorial officials.

Department contact

Amanda Stuart, Counsel
Family, Children and Youth Section
Department of Justice
613-957-7450 

Regulations amending the Pension Diversion Regulations

Description of the objective

The proposed amendments would update the list of addresses for submission of pension diversion documents under the Garnishment, Attachment and Pension Diversion Act; would reflect the change that brought prothonotaries, to whom the Judges Act applies, under the annuity provisions applicable to federally appointed judges (Bill C-43); and would add a life insurance plan that is currently missing from section 2 of Schedule I to the Regulations.

Business impact

There are no expected business impacts.

Public consultation opportunities

As the amendments proposed are technical in nature, no public consultations are expected.

Department contact

Sylviane Deslauriers, Counsel
Family, Children and Youth Section
Department of Justice
613-954-4723

Order Amending the Schedule to the Family Orders and Agreements Enforcement Assistance Act

Description of the objective

The proposed amendments would update references to the licences listed in the schedule to the Family Orders and Agreements Enforcement Assistance Act.

Business impact

There are no expected business impacts.

Public consultation opportunities

No public consultations are anticipated as the amendments update an existing legislative program by reflecting changes made to the names of various licences.  Consultations will be held with Transport Canada to ensure accuracy in the licences listed in the schedule.

Department contact

Gregory Lacko, Counsel
Family, Children and Youth Section
Department of Justice
613- 957-3535

Amendments to Schedule I to the Access to Information Act and to the schedule to the Privacy Act

Description of the objective

This proposal would add the Office of the Administrator of the Fund for Railway Accidents Involving Designated Goods to Schedule I to the Access to Information Act and the schedule to the Privacy Act, making that Office subject to the Access to Information Act, the Privacy Act and the Library and Archives of Canada Act.

Business impact

There are no expected business impacts.

Public consultation opportunities

Public consultation on the amendments is not expected, consistent with past practices when entities have been added to Schedule I to the Access to Information Act and the schedule to the Privacy Act.

Department contact

Claudette Rondeau, Counsel
Centre for Information and Privacy Law
Department of Justice Canada
613-954-8460

Creation of the proposed Blood Drug Concentration Regulations

Description of the objective

As part of its initiative to strengthen the criminal law approach to drug driving in advance of the legalization and regulation of cannabis, the Government has proposed three new criminal offences in Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances). The new offences would prohibit being at or over a blood drug concentration (BDC) level within two hours of driving: (1) a summary conviction offence for low BDC) levels, on a precautionary basis; (2) a hybrid offence for higher/impairing BDC levels, on an impairment basis; and (3) a hybrid offence for a combination of a low blood alcohol concentration (BAC) level and a low BDC level, on an impairment basis. In addition to motor vehicles, the new offences would also apply to the operation of vessels (boats), aircraft and railway equipment. The proposed BDC offence levels are intended to make it easier to prosecute drug-impaired drivers and to send a clear message to the public about the dangers of using impairing drugs while driving.

Business impact

There are no expected business impacts.

Public consultation opportunities

Although not specifically consulted on the BDC offence levels, the Provinces and Territories have been consulted on drug-impaired driving through the Coordinating Committee of Senior Officials (CCSO) Working Group on Impaired Driving and the Federal-Provincial-Territorial (FPT) Senior Officials (Assistant Deputy Ministers) Working Group on Cannabis Legalization and Regulation.

The Government has considered the views of groups such as Mothers Against Drunk Driving (MADD) and the Canadian Association of Chiefs of Police, which have long called for BDC offence levels to simplify investigation and prosecution of drug impaired driving.

Interested parties will have the opportunity to provide their input on the draft regulatory text of the proposed Regulation during a 30-day prepublication period in Part I of the Canada Gazette.

Department contact

Monique Macaranas, Paralegal
Criminal Law Policy Section
Department of Justice
613-957-4752

Amendment to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted

Description of the objective

Section 5 of the Regulations requires a technical amendment to address an ambiguity in the English version and thus harmonize it with the French version. The English version of section 5 is ambiguous and thus subject to interpretation in two ways: either that the "components and parts" could be of weapons, accessories and cartridge magazines; or that it was only the "components and parts" of weapons only, and not of accessories and cartridge magazines. The French version of section 5 supports the latter interpretation as does the definition of "prohibited device" in section 84(1) of the Criminal Code.

Business impact

There are no expected business impacts.

Public consultation opportunities

As the proposed amendment is based on the recommendation of the Joint Committee for the Scrutiny of Regulations, it is recommended that there be no pre-publication of the proposed Regulations.

Department contact

Paula Clarke, Counsel
Criminal Law Policy Section
Department of Justice
613-957-4686

Order Designating Newfoundland and Labrador for the Purposes of the Criminal Interest Rate Provisions of the Criminal Code

Description of the objective

Newfoundland and Labrador is seeking designation under subsection 347.1(3) of the Criminal Code in order that the Province may establish a consumer protection framework and maximum cost of borrowing for payday lending.

Designation is provided to a province that requests it and that fulfills the criteria set out in section 347.1. The criteria are that a province must enact legislative measures that 1) license (or otherwise specifically authorize) payday lenders, and 2) protect consumers of payday loans, and 3) set limits on the total cost of borrowing under payday loan agreements. The effect of designating a province is that the payday lending agreements entered into between consumers and licensed payday lenders are exempted from the criminal interest provisions, section 347 of the Criminal Code, when the loan is less than $1500 and is for a term of less than 62 days.

In 2016, Newfoundland and Labrador enacted (but has not yet brought into force) their An Act to Amend the Consumer Protection and Business Practices Act. The Act provides for the regulation and licensing of payday lenders in the province. Under the Regulations, a limit on the cost of borrowing for a payday loan is set at $21 per $100 borrowed.

On August 9, 2017, the Minister of Service NL wrote to the Minister of Innovation, Science and Economic Development and the Minister of Justice, enclosing a request, made by the Lieutenant Governor in Council, for designation by the Governor in Council pursuant to section 347.1. Officials' preliminary assessment is that their legislative measures, once in force, would fulfill the criteria for designation.

As has been the practice with previous designations of provinces, a designation of Newfoundland and Labrador would come into force simultaneously with the coming into force of the provincial legislative regulatory measures.

Business impact

The Criminal Code makes clear that, upon request, a province must be designated if its proposed regulation meets the requirements listed under the Criminal Code section 347.1, regardless of any effects the provision may have on small business. From a federal perspective, the designation itself will have no effect on small businesses.

Service NL met with representatives of the Canadian Consumer Finance Association in March 2017 to discuss Bill 52 and the proposed regulations. The Association was generally positive in its response to the legislation and subsequently submitted a written response respecting the proposed regulations, which was discussed with the Association by teleconference in May 2017. Service NL contacted the three payday lenders that operation in NL (eCash, Quick Cash and Money Mart) and offered to meet in person to discuss Bill 52 and the proposed regulations. Service NL met with eCash in June 2017. The Department provided information requested from Quick Cash on the maximum total cost of borrowing via email. Money Mart acknowledged the Department's offer to meet but did not request a meeting. It should be noted that Money Mart is a member of the Canadian Finance Association. The payday lenders have noted to Service NL that they will still be able to operate under the proposed legislation. Service NL also met with Credit Counselling Services of NL in May 2017, which is supportive of the proposed legislation and regulations.

Public consultation opportunities

As public consultations were undertaken by Newfoundland and Labrador in the development of its Act and Regulations, exemption from pre-publication will be requested in the first half of 2018.

Department contact

Paula Clarke, Counsel
Criminal Law Policy Section
Department of Justice
613-957-4686

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