Management Response and Action Plan

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Evaluation Report Title: Evaluation of the Contraventions Act Program

Approval Date of Evaluation by Deputy Minister (mm/yyyy): 2026-01

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 Administrative Monetary Penalty (AMP) regimes, and the need to achieve a consistent enforcement approach throughout Canada, including Alberta, Saskatchewan, and the territories.

Rationale for Recommendation: Developing a federal coordinated approach to the enforcement of federal regulatory offences could help address two key issues identified during the evaluation. First, it could take into account the increased use of the AMPs and support the achievement of an effective and efficient use of both the AMP and contraventions regimes. Each regime offers advantages and comes with requirements that can respond to various scenarios and as such, they play a complementary role. The Programs Branch is well positioned to offer a centralized expertise on both types of regimes, and to support such a coordinated approach. Second, the contraventions regime is not operational in Alberta, Saskatchewan, and in the territories. Their participation in the contraventions regime being optional, the federal government must now turn to other options. The goal remains an enforcement of federal regulatory offences in those two provinces, as well as in the territories, that achieves outcomes that are consistent with the rest of Canada, including similar impact on those individuals who have contravened these regulatory provisions. This can be done through the implementation of the autonomous regime included in the Contraventions Act, the increased use of AMPs, or a combination of both. Many considerations are attached to these various scenarios, which should be explored by the Programs Branch.

Management Response: Programs Branch agrees with the recommendation to develop options for a federal coordinated approach to the enforcement of federal regulatory offences that considers both contraventions (ticketing) and Administrative Monetary Penalty (AMP) regimes. Programs Branch will develop options to address the growing operational pressures because of the increasing use of AMPs and the unwillingness of some provinces and territories to implement the federal regime. The ultimate objective of this modernization exercise will be to provide a comprehensive framework of compliance and enforcement tools better aligned with client-departments evolving needs and the necessity to ensure consistency of enforcement across Canada.

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.

Rationale for Recommendation: The Contraventions Act Fund is not aligned with the goals and objectives of the action plans on official languages, which are focused on programs and initiatives that directly support the vitality of official language minority communities. Instead, the Fund is a component of an enforcement framework that is based on the Contraventions Act, and that is required to uphold the applicable language provisions found in the Criminal Code and the Official Languages Act. The management of the Contraventions Act and of the Contraventions Act Fund is unified, and it should not be including considerations related to these action plans on official languages. The Programs Branch should engage the other relevant federal institution to request that future action plans on official languages do not include the Contraventions Act Fund.

Management Response: Programs Branch supports the recommendation and recognizes that the Contraventions Act Fund is not aligned with the goals and objectives of the action plans on official languages, which are focused on programs and initiatives that directly support the vitality of official language minority communities. Programs Branch Legal Services Division will develop a sharper statement highlighting the difference between the objectives of action plans on official languages and the official languages duties stemming from enforcement practices under the Contraventions Act. Building on previous exchanges with Canadian Heritage, Justice Canada will seek the removal of the Contraventions Act Fund.

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.

Rationale for Recommendation: The ability to track and monitor how the Contraventions Act is used is critical for its ongoing management. While the agreements between Justice Canada and participating provinces and municipalities specify the data required for reporting, the challenge is that this data is not provided in a consistent and timely manner. Some of the provincial and municipal partners are facing difficulties in producing the required data. In light of this, the Programs Branch should work with its provincial and municipal partners to identify and address the issues that are preventing the reporting of this performance information.

Management Response: Programs Branch supports the recommendation and recognizes the need for timely and reliable data to effectively track and monitor the use of the Contraventions Act. Recognizing that provinces and municipalities are responsible for their own data gathering systems, Programs Branch officials will work with funded jurisdictions to identify and address issues within Justice Canada’s control that are impeding reporting of the required performance information. Officials will also encourage jurisdictions to address issues within their control.