Contraventions Act Fund

The purpose of the Contraventions Act is to create a contraventions scheme as an alternative to the summary conviction procedure in the Criminal Code. The Act decriminalizes certain federal offences, ensures more effective application of federal statutes and reduces the workload of the courts by allowing the use of a ticketing scheme and voluntary payment of fines. Before federal offences designated as contraventions can be prosecuted using a ticketing system, the Act requires that two conditions be met:

1. regulatory framework that is incorporated in the provincial offence scheme includes a direct reference to language rights guaranteed by the Criminal Code; and,
2. an implementation agreement must be signed between the province and the federal government.

To date, federal contraventions are prosecuted using provincial schemes. The implementation agreement states the conditions related to the administration and enforcement of the Act and covers issues related to the prosecution process, enforcement of fines, sharing of fines between the province and the federal government and fees.

In 2001, a decision made by the Federal Court concluded that the federal government must ensure that the quasi-constitutional language rights set out in sections 530 and 530.1 of the Criminal Code are applicable when a federal contravention is prosecuted in accordance with the offence scheme of that province. The court also concluded that the provinces act on behalf of the federal government when they enter into an implementation agreement to process federal contraventions in accordance with their respective offence schemes and therefore that Part IV of the Official Languages Act concerning communication and services to the public applies in such a situation.

The government responded to the decision on two levels. It amended the Application of Provincial Laws Regulations to provide provisions that would guarantee the language rights of defendants. As well, it created the "Contraventions Act Fund" which provides provinces, territories and municipalities which have signed implementation agreements with funding to cover the costs of additional services linked to the new language rights provisions. This fund is part of the Department of Justice's initiative under the "Roadmap for Canada's Linguistic Duality 2008-2013: Acting for the Future" which was launched in 2008.

Objective

Implement, in cooperation with the provinces, territories and municipalities, measures to permit the use of both official languages in proceedings instituted under the Contraventions Act.

Nature and Type of Activities

Eligible activities include:

• Provision of justice services;
• Provision of language training;
• Acquisition and use of electronic equipment to facilitate access to justice in English and French;
• Development, production, translation and distribution of documentation in English and French;
• Development, production and installation of bilingual signage;
• Provision of interpretation services;
• Development of short term projects (pilot projects, needs analysis, research projects etc.) the results of which will contribute to helping recipients to provide services in English and French in an efficient and economical manner;
• Administration, travel and accommodation in support of other activities associated with the Contraventions Act Fund.

Who is Eligible?

• Departments and agencies of the provinces and territories.
• Municipalities designated by the provincial and territorial governments as being responsible for providing judicial activities and extra-judicial services in both official languages.

Contact Information

Marc Dubois
Senior Policy Analyst
Programs Branch
Department of Justice Canada
284 Wellington Street, 6th floor
Ottawa, Ontario K1A 0H8

Telephone: 613 957-4452
Fax: 613 941-2269
E-mail: pb-dgp@justice.gc.ca