5 Conclusions and Recommendations

5.1 Conclusions

This evaluation confirms the ongoing relevance of the contraventions regime. As federal departments and agencies continue to tackle new and complex issues requiring regulatory frameworks, it is essential that those responsible for the enforcement of these provisions be adequately equipped. Having an appropriate procedural framework that reflects the nature of these regulatory offences serves all key stakeholders. It provides assurance to the departments and agencies enacting these regulatory provisions that they are, in fact, achieving their intended results by being adequately enforced. It allows enforcement officers to focus their time and energy on monitoring and enforcing these provisions instead of being entangled in judicial proceedings. It allows the court system to avoid diverting its resources to prosecuting offences that could be dealt with through a ticketing system. Finally, it provides a fair process to those served with a contravention ticket to either pay the fine or challenge it and in a manner that adequately reflects the distinction between a criminal offence and a regulatory offence.

The evaluation points to an increasing use of AMP regimes. Both the AMP and the contraventions regimes serve complementary purposes, and they enhance the toolbox of enforcement officers. However, their fundamental differences in nature and structure raise challenges for the federal government. Having a more integrated approach to manage the contraventions regime and to monitor and support the use of AMP regimes would contribute to a clearer vision of how the federal government intends to enforce regulatory offences for which its various departments and agencies are responsible. As part of this process, Justice Canada could clarify the role that it can undertake to support that vision.

Evaluation findings also stress the importance of addressing the situation in Saskatchewan and Alberta where the contraventions regime is not yet operational, to ensure that federal regulatory offences can be enforced in a fair and consistent manner across Canada. This may involve the implementation of the federal autonomous regime described in the Contraventions Act, a greater reliance on AMP regimes, or a combination of both.

To further support the effective management of the Program, it is important to address the fact that the Contraventions Act Fund is not aligned with federal action plans on official languages and, as a result, its management should be fully integrated into the Contraventions Act Program. Having this artificial distinction between the Fund and the Contraventions Act creates unnecessary challenges in managing the Program, including the renewal of financial resources, and the accountability process. As these action plans on official languages are becoming a permanent requirement under the Official Languages Act, it creates an opportunity to address this longstanding issue.

The evaluation confirms that the Contraventions Act Program is contributing to a more effective enforcement of regulatory offences designed as contraventions. However, the significant gaps identified in the performance information limit the ability to fully document these results. Considering that this is a mature program, it is important to identify and address the current limitations that have led to these issues.

5.2 Recommendations

Based on the findings described in this report, the evaluation offers the following four recommendations:

Recommendation 1:

The Programs Branch should develop options to support a federal coordinated approach to the enforcement of federal regulatory offences that considers both the contraventions and the AMP regimes, and the need to achieve a consistent enforcement approach throughout Canada, including Alberta, Saskatchewan, and the territories.

Recommendation 2:

The Programs Branch should make efforts to obtain the removal of the Contraventions Act Fund from the federal action plans on official languages.

Recommendation 3:

The Programs Branch should work with participating provinces and municipalities to identify and address issues related to the reporting of the required performance data identified in the Contraventions Act administration and enforcement agreements.