Comment on the proposed amendments to Schedule X of the Contraventions Regulations

We want to hear from stakeholders and the Canadian public. Your opinions and feedback are important.

Transport Canada is asking interested stakeholders to comment on the proposed amendments to Schedule X of the Contraventions Regulations that relate to violations of the Railway Safety Act.

Background

In 1992, Parliament passed the Contraventions Act, which made it possible for enforcement authorities to issue a ticket for a federal offence designated as a contravention by regulations.

Made pursuant to section 8 of the Act, the Contraventions Regulations identify and describe the federal offences that are designated as contraventions, and set an applicable fine for each offence. The Contraventions Regulations have been updated several times since their coming into force to reflect changes to the different pieces of legislation that created the offences or to add new contraventions.

The Regulations are a key part of meeting the objectives of the Contraventions Act:

• to decriminalize certain federal offences
• to ease congestion in the court systems
• to improve the enforcement of federal legislation

What we want to change

The Government of Canada wants to increase the fine amounts under Schedule X of the Contraventions Regulations that are related to trespassing and to actions that obstruct the safe flow of trains. The objective is to have the fines serve as a more effective deterrent and consequently, to enhance the safety and security of the rail system, the employees and passengers of the trains and the surrounding communities.

Schedule X of the Contraventions Regulations outlines fines for offences under the Railway Safety Act:

• Section 26.1: Enter on land on which a line work is situated (current fine $100, set in 1998), and
• Section 26.2: Failure to give way to railway equipment at a road crossing (current fine $150, set in 2006)

As shown by the recent increase in trespassing and other interference on Canada’s rail infrastructure, the existing fine amounts are not high enough to deter those who commit these acts.

Transport Canada wants to increase these fines to:

• $500 for violating Section 26.1, and
• $750 for violating Section 26.2

These increases would help to deter dangerous acts and would bring these fines to a level more consistent with other transport-related fines under the Contraventions Regulations.

More information on the proposed changes to Schedule X of the Contraventions Regulations.

We want to hear from you

• Submit your comments and questions in a Word or PDF document through the “Submissions” tab. You can upload more than one document.
• Email your comments and questions to Transport Canada: TC.SIMSRegulations-ReglementsSTTI.TC@tc.gc.ca.