April 2018
TP 15292
The Desk Book is your main source for enforcement standards, guidelines and best practices. Its goal is to ensure consistency in how Transport Canada’s enforcement program is understood and applied. 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 Desk Book 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 Desk Book’s framework is used as a model for all enforcement processes. If a specific process differs from the Desk Book, the Desk Book prevails. The Centre always welcomes feedback that will improve the Desk Book and make it more relevant to the day-to-day conduct of our front-line officers.
Chapter I – Transport Canada enforcement
- 1.0 Foreword
- 1.1 ADM Message
- 1.2 Role of Desk Book
- 1.3 Transport Canada - Enforcement Oversight
- 1.4 Transport Canada - Enforcement Policy
- 1.5 Transport Canada - Enforcement Response – Communications Policy
- 1.6 Standard on Access to CEE Operational Advisory Services
- 1.7 Centre of Enforcement Expertise - Contacts
Chapter II – Legal processes, practices and standards
- 2.0 Transport Canada Enforcement Practices
- 2.1 Standard on Immediate Harm Reduction – Risk Assessment Tool
- 2.2 Standard on Immediate Harm Reduction Notices and Orders Preparation
- 2.3 Standard on Instrument and Penalty Amount Selection – Graduated Approach
- 2.4 Notices of Violation Preparation
- 2.5 Standard on Transitions – Safety, Security & Environmental Concerns, Inspections and Investigations
- 2.6 Standard on Prosecution of Summary Conviction and Indictable Offences
- 2.7 Investigative Tools and Techniques – Introduction
- 2.7.1 Standard on Information to Obtain a Search Warrant
- 2.7.2 Standard on Preparing an Information to Obtain Production Orders, Preservation Orders, and Demands
- 2.7.3 Standard on Interviews and Interrogations
- 2.7.4 Standard on Officer Note Taking
- 2.7.5 Standard on Executing a Search Warrant
- 2.7.6 Standard on Collection, Preservation and Control of Evidence and Property
- 2.7.7 Standard on Evidence Room and Associated Handling Protocols Pending
- 2.8 Standard on Preparation of Case Reports
- 2.8.1 Standard on Disclosure of Officer Misconduct
- 2.9 Major Case Management Principles
- 2.9.1 Major Case Management Manual Pending
- 2.10 Standard on Cautions and Witness Statements
- 2.11 Standard on Accountable Enforcement Reporting Pending
- 2.12 Standard on Enforcement Management Pending
- 2.13 Evidence in Inspection and Investigation Pending
- 2.14 Standard on Entry Warrant Preparation and Execution Pending
Chapter III – Organization and administration
- 3.0 Foreword
- 3.1 Investigation Services
- 3.2 Enforcement Standards and Programs
- 3.3 Advisory and Appeals
- 3.4 Role of Legal Services Unit
Chapter IV – Internal administration
- 4.0 Foreword
- 4.1 Agreements and Memoranda of Understanding
- 4.1.1 Occupational Safety and Health Memorandum of Understanding
- 4.1.2 Management of Seized Property
- 4.2 Lexicon
Chapter V – Forms and templates
- 5.0 Foreword
Investigation
- 5.1 Alleged Offender Statement
- 5.2 Evidence Continuity
- 5.3 Evidence List
- 5.4 Exhibit Control List
- 5.5 Investigation Plan
- 5.6 Activation of Surge Capacity Team
- 5.7 Written Statement
Transportation Appeals Tribunal of Canada (TATC)
- 5.8 Triage Checklist for TATC Cases
- 5.9 TATC Certificate Request
Chapter VI – Background
- 6.0 Foreword
- 6.1 Legislation and Authorities
- 6.2 Enforcement Continuum
- 6.3 Newsletters
To request a chapter of the Desk Book, please contact the Centre of Enforcement Expertise.
Email: tc.cee-ceal.tc@tc.gc.ca