Departmental Enforcement Standards

September 2022
TP 15292

The Department Enforcement Standards (Deskbook) is your primary source of enforcement standards, guidelines and best practices. Its purpose is to ensure consistency in the understanding and application of Transport Canada’s enforcement program. It is a step-by-step guide that steers you through all aspects of the enforcement process. Whether that process relates to compliance, verification or response, the Deskbook outlines the standard framework used across all programs in the department. It also outlines the path to accessing administrative tribunals and the court system, and how judgment works at each level.

The Deskbook’s framework is used as a model for all enforcement processes. If a specific process differs from the Deskbook, the Deskbook will prevail. The National Enforcement Program always welcomes feedback that will improve the Deskbook and make it more relevant to the day-to-day conduct of our front-line officers.

Chapter I – Enforcement Policy Direction

• 1.0 Foreword
• 1.1 Assistant Deputy Minister Message
• 1.2 Role of Departmental Enforcement Standards
• 1.3 Enforcement Oversight
• 1.4 Enforcement Policy
• 1.5 Enforcement Communication
• 1.6 Major Case Management Policy

Chapter II – Enforcement Guiding Principles

• 2.0 Enforcement Practices
• 2.1 Immediate Harm Reduction – Risk Assessment
• 2.2 Enforcement Instrument Selection – Graduated Approach
• 2.3 Transition – Inspections and Investigations

Chapter III – Investigative Tools & Techniques

• 3.0 Investigative Tools and Techniques
• 3.1 Officer Note Taking
• 3.2 Interviewing Witnesses and Interested Parties
• 3.3 Cautions and Witness Statements
• 3.4 Search Warrants
  • 3.4.1 Drafting an Information to Obtain a Search Warrant
  • 3.4.2 Executing a Search Warrant
• 3.5 Production Orders, Preservation Orders and Demands
  • 3.5.1 Information to Obtain Production Orders, Preservation Orders, and Demands
• 3.6 Techniques and Practices in the Collection of Evidence
  • 3.6.1 Collection, Preservation and Control of Evidence
  • 3.6.2 Collection and Use of Information from Open-Access Internet Sites, Social Media Platforms and Applications
• 3.7 Evidence Handling Protocols
• 3.8 Preparation of Case Reports
• 3.9 Disclosure
  • 3.9.1 Disclosure of Officer Misconduct

Chapter IV – Administration, Reference Documents, Forms

• 4.0 National Enforcement Program
• 4.1 Operational Advisory Services
• 4.2 Role of Legal Services Unit
• 4.3 Agreements and Memoranda of Understanding
  • 4.3.1 Occupational Safety and Health
  • 4.3.2 Management of Seized Property
  • 4.3.3 Transportation Safety Board of Canada
• 4.4 Lexicon

Forms

• 04-0115 – Activation of Surge Capacity Team
• 04-0116 – Investigation Plan
• 04-0117 – Evidence Continuity
• 04-0118 – Cautioned Statement
• 04-0119 – Evidence List
• 04-0120 – Exhibit Control List
• 04-0121 – Voluntary Statement

Justification for Enforcement Actions Forms

• Motor Vehicle Safety
• Rail Safety
• Civil Aviation
• Marine Safety
• Marine Security
• Aviation Security
• TDG

Document Control

To request a copy of the full DeskBook or for specific chapters, please contact the National Enforcement Program.

Email: natenfprog-prognatdapplicationdelaloi@tc.gc.ca