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The CONTRAVENTION Act of Canada, Are your teams in compliance if not it could be a FEDERAL ticket!

So when you were stopped and charged for what ever violation you were not in compliance with was it a PROVINCIAL offense or a FEDERAL offense and you better be paying attention!

The act, the “Contraventions Act“, does pursue three objectives:

  • to decriminalize minor statutory offences; ( yes and no just dont pay one and see what happens)
  • to remove uncontested cases from the courts; and
  • to improve the enforcement of penalties.

As a result, the new ticketing scheme was adopted with the passing of the Contraventions Act in 1992.

The Act does not modify who enforces federal statutory offences, but rather how enforcement authorities go about executing their respective mandate. Police officers or any other person or body designated by law to administer any of the federal statutes. http://laws-lois.justice.gc.ca/eng/regulations/SOR-96-313/index.html

First, the Act contains a series of provisions detailing how federal contraventions could be enforced through a new federal structure. These sections of the Act cover issues such as the completion and service of tickets, the content of the ticket, the commencement of proceedings, options available to defendants, trial procedures, the evidence, and the sentencing.

Dangerous Goods is a prime example of this:

Offences in contravention to section 5(a) of the Act

Handle, offer for transport, transport or import dangerous goods without complying with all applicable prescribed safety requirements. Fine $700.00

Offences in contravention to section 5(b) of the Act

Handle, offer for transport, transport or import dangerous goods not accompanied by all applicable prescribed documents. Fine $500.00

Offences in contravention to section 5(c) of the Act

Handle, offer for transport, transport or import dangerous goods in means of containment or transport that do not comply with all applicable prescribed safety standards and display all applicable prescribed safety marks. Fine $500.00

Offences in contravention to section 6 of the Act

Display a prescribed safety mark on a means of containment or transport, or at a facility, that is misleading as to the presence of danger, the nature of any danger or compliance with any prescribed safety standard. $500.00

Offences in contravention to section 8 of the Act

Sale, offer for sale, deliver, distribute, import or use of a standardized means of containment that does not display all applicable prescribed safety marks. Fine $500.00

Offences in contravention of Section 18 of the Act

Failure to report to each prescribed authority the occurrence or imminence of a release of dangerous goods from a means of containment in excess of the prescribed quantity or concentration. Fine $1,000.00

Failure to take all reasonable emergency measures to reduce or eliminate any danger to public safety from the release of dangerous goods. Fine $1,000.00

Offences in contravention of Section 28, 27(1)(h) of the Act

Handle, offer for transport or transport dangerous goods in prescribed circumstances where such goods must not be handled. Fine $500.00

Offences in contravention of Section 28, 27(1)(i) of the Act

Handle, offer for transport or transport prescribed dangerous goods that must not be handled, offered for transport or transported in any circumstances. Fine $500.00

Offences in contravention of Section 28, 27(1)(l) of the Act

Failure to keep in the prescribed manner and with the prescribed information records of each person supplied with a means of containment or failure to issue notices of defective construction or of recall as directed. Fine $500.00

Offences in contravention of Section 28, 27(1)(n) of the Act

Failure to use in the prescribed manner the prescribed shipping records and other documents that must be used in handling, offering for transport or transporting dangerous goods or failure to keep in the prescribed manner the prescribed shipping records and other documents that must be used in handling, offering for transport or transporting dangerous goods. Fine $300.00

Offences in contravention of Section 28, 27(1)(r) of the Act

Failure to complete in the prescribed manner and with the prescribed information a report of the release of dangerous goods. Fine $700.00

If you have been issued a federal contraventions violation ticket, you have 30 days from the date the federal contraventions violation ticket was served on you (that is the date shown on the front of the ticket) to exercise one of the following options:

·        Pay the ticketed amount shown on the front of the ticket.

·        Plead guilty to the contravention but dispute the ticketed amount or request more time to pay.

·        Dispute the contravention.

Note: If you do not pay the ticketed amount or dispute the ticket within 30 days, you will be deemed to have pleaded guilty to the contravention. The full ticketed amount becomes due and payable immediately.

Paying the Amount Shown on a Federal Contraventions Violation Ticket

Paying the ticketed amount, in full or in part, is considered to be a guilty plea to the contravention described on the front of the ticket. Payment may be made by mail or in person.

Note: The ticketed amount is comprised of a fine, plus a 15 per cent victim surcharge.

To ensure the payment you are submitting is credited to the correct ticket, you must include with your payment either a copy of the front of the ticket or a note providing the following information:

·        the federal contraventions violation ticket number (located on the top right corner on the front of the ticket starting with the prefix “FC”);

·        your full name, address, driver’s licence number and date of birth; and

·        the violation date, plus the title of the act and the section number corresponding to the contravention as shown on the front of the ticket.

Who is applying what and it is STILL A CRIMINAL CODE/STATUE law therefore a criminal record!

Including TRUCK DRIVERS crossing the border! The impact of having a criminal record is significant. First, it limits employment opportunities, since a number of positions will require a criminal record check. The list of these positions includes, but is not limited to:

  • lawyers;
  • banking, accounting, payroll, and investment positions;
  • child care workers and volunteers;
  • clerks and other personnel of the courts;
  • correctional centre or security positions;
  • dentists, doctors, nurses, and optometrists;
  • peace officers;
  • public service positions;
  • school staff; and
  • social service workers and volunteer

·        A federal contraventions violation ticket is only issued for offences listed in the Contraventions Regulation.

The Federal Contraventions Act, permits by regulation, the use of the Province’s Offence Act to administer a ticketing system within  a province in Canada for offences contained in applicable federal law. There are a number of different enforcement agencies involved in issuing federal contraventions violation tickets, such as the Royal Canadian Mounted Police, municipal police departments and Environment Canada issuing contraventions for more than 2,500 federal offences.

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