Forward Regulatory Plan 2023-2025

Proposed Regulatory Initiatives

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

Description

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

Potential impact on Canadians and Business

There are no impacts on Canadians and businesses as the proposed update to the schedule is to delete licences that no longer exist.

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

Cassandre Laveaux, Counsel
Family and Children’s Law Team
Family Law and Youth Justice Policy Section Department of Justice
343-550-4850

Regulations Amending the Family Support Orders and Agreements Garnishment Regulations

Description

The Family Support Orders and Agreements Garnishment Regulations (Garnishment Regulations) must be amended as a consequence of amendments made by former Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act. Amendments would remove the notice to the debtor and the application form from the Garnishment Regulations and would instead list the information to be provided in an application. Other amendments would provide greater flexibility in relation to service of documents, clarify the periods and circumstances where garnishment is to terminate and define the manner in which garnishee summonses are to be honoured where more than one garnishee summons against the same debtor is served.

Potential impact on Canadians and Business

The regulatory amendments would improve service to, and access to justice for, Canadians by making the garnishment process more efficient. Amendments would provide greater certainty to applicants as to when documents are deemed submitted, and as to when garnishment ends. Amendments would also provide clarity as to how multiple summonses against the same debtor are to be treated and would provide administrative flexibility and efficiency to the federal government regarding modifications to the application form.

There are no expected business impacts.

Public consultation opportunities

Key stakeholders, including federal partners and provincial and territorial services that receive and process the garnishment applications were consulted in relation to the legislative amendments brought about by former Bill C-78. Consultations will continue regarding amendments to the regulations. The public will be consulted through the pre-publication process in the Canada Gazette, Part I.

Departmental contact

Annick Boulay, Counsel
Family and Children’s Law Team
Family Law and Youth Justice Policy Section
Department of Justice
343-998-7862

Regulations Amending the Contraventions Regulations (Schedule II.1 Fisheries Act) – Quebec Fishery Regulations, 1990)

Description

Schedule II.1 (Fisheries Act) to the Contraventions Regulations will be amended in order to include new short-form descriptions and fine amounts therefore designating additional offences contained in the Quebec Fishery Regulations, 1990.

Potential impact on Canadians and Business

These amendments will provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate more effectively in promoting regulatory compliance. It will improve access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources.

Public consultation opportunities

A consultation pertaining to these amendments has already been conducted by the client-department, Fisheries and Oceans Canada.

Departmental contact

Amy-Lyne Gauthier, Counsel
Programs Branch Legal Services Division
Department of Justice
343-998-7392

Order Designating the Ministers Responsible for the Application of Part II of the Garnishment, Attachment and Pension Diversion Act

Description

The governor in council designates, by order, the ministers responsible for the application of Part II of the Garnishment, Attachment and Pension Diversion Act. The order SI/84-6 that designates those ministers will be updated. The name of ministers and ministerial responsibilities have changed since the order was made in 1984.

Departmental contact

Cassandre Laveaux, Counsel
Family and Children’s Law Team
Family Law and Youth Justice Policy Section
Department of Justice
343-550-4850

Regulations Amending the Contraventions Regulations (Schedule II.1 (Fisheries Act), Part I (Maritime Provinces Fishery Regulations) and Part II (Ontario Fishery Regulations, 2007))

Description

Part II (Ontario Fishery Regulations, 2007) of Schedule II.1 (Fisheries Act) to the Contraventions Regulations will be amended in order to include new short-form descriptions and fine amounts to designate additional offences contained in the Ontario Fishery Regulations, 2007 and to increase the existing fine amounts for existing contraventions to the Ontario Fishery Regulations, 2007. Furthermore, a number of current short-form descriptions listed under Part I (Maritime Provinces Fishery Regulations) and Part II (Ontario Fishery Regulations, 2007) will be streamlined to ensure that they are consistent with the drafting parameters of the newly drafted contraventions as well as a length that can be reproduced on a contraventions ticket.

Potential impact on Canadians and Business

These amendments will provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate more effectively in promoting regulatory compliance. It will improve access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources.

Public consultation opportunities

A consultation pertaining to these amendments was already conducted by the client-department, Fisheries and Oceans Canada.

Departmental contact

Ryan Jeffries, Counsel
Programs Branch Legal Services Division
Department of Justice
343-572-4793

Regulations Amending the Contraventions Regulations (Schedule II.1 (Fisheries Act) - Manitoba Fishery Regulations, 1987)

Description

Schedule II.1 (Fisheries Act) to the Contraventions Regulations will be amended in order to include new short-form descriptions and fine amounts to designate offences found in the Manitoba Fishery Regulations, 1987.

Potential impact on Canadians and Business

These amendments will provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate more effectively in promoting regulatory compliance. It will improve access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources.

Public consultation opportunities

A consultation pertaining to these amendments was conducted by the client-department, Fisheries and Oceans Canada.

Departmental contact

Ryan Jeffries, Counsel
Programs Branch Legal Services Division
Department of Justice
343-572-4793

Regulations Amending the Release of Information for Family Orders and Agreements Enforcement Assistance Regulations

Description

The Release of Information for Family Orders and Agreements Enforcement Assistance Regulations (Release of Information Regulations) must be amended as a consequence of amendments made by former Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act

The Release of Information Regulations would identify the information that can be searched for and released to federal, provincial and territorial Central Authorities under the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (1980 Convention), the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (1996 Convention) and the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (2007 Convention), which will vary depending on the purpose for which the information is being requested.

Potential impact on Canadians and Business

The Release of Information Regulations would give effect to amendments made by former Bill C-78. Specifically, the changes would help Canadian federal, provincial and territorial Central Authorities responsible for implementing obligations under three international family law Conventions (the 1980, 1996 and 2007 Conventions) by releasing information from federal information banks to assist Central Authorities in locating parties in Canada. There are no anticipated business impacts.

Public consultation opportunities

Key stakeholders, notably the provinces and territories, have been consulted on an ongoing basis for a number of years. These consultations will continue. Federal partners, including the Canada Revenue Agency, have been consulted in the context of the amendments made by former Bill C-78, and will continue to be consulted regarding the Release of Information Regulations. The public will be consulted through the pre-publication process in the Canada Gazette, Part I.

Departmental contact

Andina van Isschot, Counsel
Family and Children’s Law Team
Family Law and Youth Justice Policy Section
Department of Justice
613-614-7624

Administrative Changes to Impaired Driving Orders

Description

The current Ministerial Orders enacted pursuant to the Criminal Code impaired driving regime require updating. They all rely on outdated enabling provisions, and some of them are improperly characterized as Statutory Instruments (SI) when the current legislative approach would be to characterize them as a Statutory Order and Regulation (SOR). While this does not affect their legal validity, it may result in confusion and make the criminal law less accessible to Canadians.

This initiative would not make any substantive changes to the regulations, but would repeal and replace the following Orders to ensure they reflect the current Criminal Code impaired driving provisions, which were enacted in 2018:

  1. The Approved Breath Analysis Instrument Order (SI/85-201);
  2. The Approved Screening Devices Order (SI/85-200);
  3. The Approved Drug Screening Equipment Order (SOR/2018-179); and,
  4. The Evaluation of Impaired Operation (Drugs and Alcohol) Regulations (SOR/2008-196).

Potential impact on Canadians and Business

The proposed measure will have no impact on business and a small positive impact to Canadians by improving the accessibility of the Criminal Code. This administrative change is not expected to require public consultation.

Departmental contact

Joanna Wells, Counsel
Criminal Law Policy Section
Department of Justice
613-878-1137

Regulations Prescribing Certain Offences to be Serious Offences

Description

To propose amendments to the Regulations Prescribing Certain Offences to be Serious Offences, [the Regulation] SOR/2010-161, pursuant to the authority under subsection 467.1(4) of the Criminal Code. The proposal will include: 1) the repeal of provisions in the Regulation that have been repealed under the originating Federal legislation; 2) amendments to provisions in the Regulation in accordance with amendments made under the originating Federal legislation; and, 3) new offences that could be included in the Regulation.

Subsection 467.1(4) of the Criminal Code empowers the Government to respond to the changing activities of organized crime groups by allowing the Governor in Council to make regulations prescribing offences, which are punishable by less than five years imprisonment, to be “serious offences.” A “serious offence” is defined in the Criminal Code to mean an indictable offence under any Act of Parliament for which the maximum punishment is at least five years’ imprisonment or another offence that is prescribed by regulation. The Regulations will make a number of criminal offences “serious offences” for the purposes of the organized crime provisions.

Potential impact on Canadians and Business

By amending the Regulations to include other types of offences under the category of “serious offences”, it will more accurately reflect the full range of conduct engaged in by organized crime and recognize the increased threat to public safety that occurs when organized crime engages in certain criminal acts.

The proposed amendments to the Regulations do not create a new offence and are not expected to have cost implications.

Public consultation opportunities

Consultation at the provincial/territorial level would be recommended. In the past, there has been input that was useful in the development of the Regulations provided through the Uniform Law Conference of Canada and the Federal/Provincial/Territorial Coordinating Committee of Senior Officials – Criminal Justice.

Departmental contact

Kenyatta Hawthorne, Counsel
Matthew Taylor, Director and General Counsel
Criminal Law Policy Section
Department of Justice
343-571-7283 / 343-551-9620

Regulations Amending the Contraventions Regulations (Transportation of Dangerous Goods Act, 1992)

Description

The amendments will increase the fine amounts for the twelve (12) offences of the Transportation of Dangerous Goods Act, 1992, designated as contraventions in Schedule XV of the Contraventions Regulations.

Potential impact on Canadians and Business

These amendments will provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate more effectively in promoting regulatory compliance. It will improve access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources.

Public consultation opportunities

A consultation pertaining to these amendments was already conducted by the client-department, Transport Canada.

Departmental contact

Evelyne Borkowski-Parent, Counsel
Programs Branch Legal Services Division
Department of Justice
343-573-9410

Regulations Amending the Contraventions Regulations (Rouge National Urban Park Act)

Description

The amendments will add a new Schedule to the Contraventions Regulations. The Schedule will designate approximately eleven (11) offences under the Rouge National Urban Park Act as contraventions.

Potential impact on Canadians and Business

These amendments will provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate more effectively in promoting regulatory compliance. It will improve access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources.

Public consultation opportunities

Parks Canada will consult the public, key stakeholders, and municipal and provincial governments by holding a 4 to 6-week web-based public consultation.

Departmental contact

Olivia Gile, Counsel
Programs Branch Legal Services Division
Department of Justice
343-550-7509

Regulations Amending the Contraventions Regulations (Canada Environmental Protection Act, 1999)

Description

Schedule I.3 of the Contraventions Regulations (Canada Environmental Protection Act, 1999) will be amended to increase the fine amounts. Approximately twenty-one (21) items in the Contraventions Regulations will also be repealed to rectify certain inconsistencies such as a duplicative designation, which will consequently require the amendment of approximately two (2) short-form descriptions for accuracy.

Potential impact on Canadians and Business

These amendments will provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate more effectively in promoting regulatory compliance. It will improve access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources.

Public consultation opportunities

A public consultation pertaining to these amendments was already conducted by the client-department, Environment and Climate Change Canada.

Departmental contact

Olivia Gile, Counsel
Programs Branch Legal Services Division
Department of Justice
343-550-7509

Regulations Amending the Contraventions Regulations (Tobacco and Vaping Products Act)

Description

The amendments will designate offences found in the Tobacco and Vaping Products Act (TVPA) as contraventions to allow enforcement officers to use the Contraventions Regime as an enforcement tool. Amendments to Schedule XIV to the Contraventions Regulations are also required to account for amendments made to the TVPA, including to update short-form descriptions and repeal certain items. Certain fine amounts will also be increased.

Potential impact on Canadians and Business

These amendments will provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate more effectively in promoting regulatory compliance. It will improve access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources.

Public consultation opportunities

Health Canada is expected to hold a public consultation in the Fall of 2023.

Departmental contact

Olivia Gile, Counsel
Programs Branch Legal Services Division
Department of Justice
343-550-7509

Regulations Amending the Contraventions Regulations (Vessel Operation Restriction Regulations and Navigation Protection Act)

Description

The amendments will designate as contraventions offences found in the Vessel Operation Restriction Regulations and modify existing contraventions. Technical amendments relating to Schedule XIII of the Contraventions Regulations will also be done.

Potential impact on Canadians and Business

These amendments will provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate more effectively in promoting regulatory compliance. It will improve access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources.

Public consultation opportunities

A consultation pertaining to these amendments will be conducted by the client-department, Transport Canada.

Departmental contact

Ryan Jeffries, Counsel
Programs Branch Legal Services Division
Department of Justice
613-218-8817

Regulations Amending the Application of Provincial Laws Regulations

Description

Part III of the Application of Provincial Laws Regulations will be amended to specify that sections 530, 530.01 and paragraphs 530.1(a) to (h) of the Criminal Code are deemed to be contained, with such modifications as the circumstances require, in enactments made applicable by this Part.

Potential impact on Canadians and Business

There are no expected impacts.

Public consultation opportunities

As the amendments to Part III of the Application of Provincial Laws Regulations are technical and relate to an agreement with the province of New Brunswick, no public consultations will be conducted.

Departmental contact

Olivia Gile, Counsel
Programs Branch Legal Services Division
Department of Justice
343-550-7509

Regulations regarding the Implementation of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act

Description

Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, received Royal Assent on November 17, 2022. Bill C-5 enacted a new section 10.6 of the Controlled Drugs and Substances Act (CDSA), which requires that any record of conviction for simple possession of a controlled substance be kept separate and apart from other records of conviction after a certain period. These amendments must be operationalized by November 17, 2024.

The regulations would clarify the scope of records to be captured under section 10.6, enabling federal and provincial entities in possession of records of conviction to operationalize these reforms.

Potential impact on Canadians and Business

The regulations would provide guidance to federal and provincial entities responsible for implementing the record sequestration regime at section 10.6 of the CDSA. The objective of these reforms is to reduce the stigma and lasting impact that a conviction for the simple possession of controlled drugs can have on educational, housing, employment and similar opportunities. By clarifying the scope of records to be captured under section 10.6, the regulations would seek to prevent the disclosure of such records in circumstances that would negatively impact convicted individuals (for example, in a criminal record check for housing or employment applications).

Public consultation opportunities

Key stakeholders, notably provinces and territories, have been and will continue to be consulted on the implementation of the reforms enacted by Bill C-5. Federal partners, including Public Safety, Correctional Service of Canada, the Royal Canadian Mounted Police, Parole Board of Canada, and other departments, are being consulted on the development of these regulations. Public consultation with respect to these regulations is not anticipated.

Departmental contact

Leah Burt, Counsel
Criminal Law Policy Section
Department of Justice
613-981-3301