Vol. 148, No. 21 — October 8, 2014
Registration
SOR/2014-210 September 19, 2014
CANADA SHIPPING ACT, 2001
Regulations Amending the Vessel Operation Restriction Regulations
P.C. 2014-938 September 18, 2014
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 136(1)(f) to (h) (see footnote a) of the Canada Shipping Act, 2001 (see footnote b), makes the annexed Regulations Amending the Vessel Operation Restriction Regulations.
REGULATIONS AMENDING THE VESSEL OPERATION RESTRICTION REGULATIONS
AMENDMENTS
1. Section 4 of the Vessel Operation Restriction Regulations (see footnote 1) is replaced by the following:
4. If a local authority seeks, in respect of certain waters, the imposition of a restriction that is of the same nature as a restriction imposed by any of subsections 2(1) to (6) and 11(2), the local authority shall submit to the provincial authority in the province for which the restriction is proposed, or to the Minister if no provincial authority exists, a request together with a report that specifies the location of the waters, the nature of the proposed restriction, information regarding the public consultations held, particulars regarding the implementation and enforcement of the proposed restriction and any other information that is necessary to justify regulatory intervention.
2. Subsection 6(1) of the Regulations is replaced by the following:
6. (1) The Minister may authorize in writing any person or class of persons to place a sign in an area for the purpose of indicating that a restriction on the operation of vessels has been imposed by any of subsections 2(1) to (6) and 11(2).
3. Subsection 10.1(1) of the Regulations is replaced by the following:
10.1 (1) The Minister shall issue a permit for a period specified therein that authorizes the person in whose name the permit is issued to operate a vessel in the waters referred to in any of subsections 2(1) to (5) or described in subsection 2(7) in a manner that is contrary to those subsections for the purpose of developing aquaculture, conducting scientific research, educating the public on the marine environment, protecting the environment, or ensuring safety during activities and events other than those referred to in subsections 11(2) and (3).
4. Subsection 11(3) of the Regulations is replaced by the following:
(3) No person shall hold, in the waters referred to in any of subsections 2(1) to (6) or described in subsection 2(7), a sporting, recreational or public event or activity during which vessels would be operated in a manner that is contrary to those subsections, unless the person is authorized to do so by a permit issued under subsection 12(1).
5. Subsection 12(1) of the Regulations is replaced by the following:
12. (1) The Minister shall issue a permit that authorizes a person to hold, in the waters referred to in any of subsections 2(1) to (6) and 11(2) or described in subsection 2(7), a sporting, recreational or public event or activity during which vessels will be operated in a manner that is contrary to those subsections, if the Minister is able to set out conditions in the permit to protect the public interest and the environment and to minimize risk to the safety of persons and interference with the safe and efficient navigation of vessels.
6. Item 23 of the table to section 16 of the Regulations is replaced by the following:
| Item | Column 1 Persons or classes of persons |
Column 2 Geographic location, if applicable |
|---|---|---|
| 23. | A peace officer appointed under section 7 of Alberta’s Peace Officer Act, S.A. 2006, c. P-3.5, and employed by Leduc County or Parkland County, Alberta | |
| 24. | A firefighter employed by the Calgary Fire Department, Calgary, Alberta |
7. Item 1 of Part 6 of Schedule 1 to the Regulations is repealed.
8. Part 2 of Schedule 2 to the Regulations is amended by adding the following after item 100:
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
Column 2 Local name |
Column 3 General Location |
Column 4 Location Reference (Gazetteer of Canada Reference System) |
|---|---|---|---|---|
| 101. | Cowichan Bay | Cowichan Bay (Cow Bay) | near Duncan, in the southeast end of Vancouver Island | 48°45′
123°36′ |
9. The portion of item 29 of Part 6 of Schedule 2 to the Regulations in column 3 is replaced by the following:
| Item | Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|
| 29. | 45°50′52″ 74°20′07″ |
10. The portion of item 31 of Part 6 of Schedule 2 to the Regulations in column 3 is replaced by the following:
| Item | Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|
| 31. | 45°47′00″ 74°28′51″ |
11. Part 1 of Schedule 3 of the Regulations is amended by adding the following after item 157:
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
Column 2 Local name |
Column 3 General Location |
Column 4 Location Reference (Gazetteer of Canada Reference System) |
|---|---|---|---|---|
| 158. | Gardom Lake | Enderby | 50°36′12′′ 119°12′02′′ |
12. The portion of item 49 of Part 5 of Schedule 3 to the Regulations in column 3 is replaced by the following:
| Item | Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|
| 49. | 46°03′09″ 74°00′32″ |
13. The portion of item 125 of Part 5 of Schedule 3 to the Regulations in column 3 is replaced by the following:
| Item | Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|
| 125. | 46°20′56″
71°09′18″ |
14. The portion of item 183 of Part 5 of Schedule 3 to the Regulations in column 3 is replaced by the following:
| Item | Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|
| 183. | 45°51′39″
74°22′26″ |
15. The portion of item 197 of Part 5 of Schedule 3 to the Regulations in column 3 is replaced by the following:
| Item | Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|
| 197. | 45°51′32″
74°26′49″ |
16. The portion of item 217 of Part 5 of Schedule 3 to the Regulations in column 3 is replaced by the following:
| Item | Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|
| 217. | 45°51′03″ 74°30′20″ |
17. The portion of item 243 of Part 5 of Schedule 3 to the Regulations in column 3 is replaced by the following:
| Item | Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|
| 243. | 45°52′25″ 74°18′07″ |
18. Item 40 of Part 1 of Schedule 4 to the Regulations is repealed.
19. The portion of items 1 to 3 of Part 6 of Schedule 5 to the Regulations in columns 1, 3 and 4 is replaced by the following:
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
Column 3 Location Reference (Gazetteer of Canada Reference System) |
Column 4 Maximum Speed in km/h Over the Ground |
|---|---|---|---|
| 1. | Châteauguay River from point A at coordinates 45°22′15.23′′ 73°45′13.20′′ to point B at coordinates 45°22′47.44′′ 73°45′07.28′′ | Point A: 45°22′15.23′′ 73°45′13.20′′ Point B: 45°22′47.44′′ 73°45′07.28′′ |
10 |
| 2. | Châteauguay River from point B at coordinates 45°22′47.44′′ 73°45′07.28′′ to point C at coordinates 45°22′58.93′′ 73°46′09.17′′ | Point B: 45°22′47.44′′ 73°45′07.28′′
Point C: 45°22′58.93′′ 73°46′09.17′′ |
10 |
| 3. | Châteauguay River from point B at coordinates 45°22′47.44′′ 73°45′07.28′′ to point D at coordinates 45°24′01.49′′ 73°45′06.44′′ | Point B: 45°22′47.44′′ 73°45′07.28′′
Point D: 45°24′01.49′′ 73°45′06.44′′ |
10 |
20. The portion of item 166 of Part 3 of Schedule 6 to the Regulations in columns 1 to 3 is replaced by the following:
| Item | Column 1 Name Given by the Répertoire toponymique du Québec or Description |
Column 2 Local Name |
Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|---|---|
| 166. | Big Saint-François Lake, in the Aux Rats Musqués Bay, east of a line joining point A at coordinates 45°57′55″ 71°11′05″ and point B at coordinates 45°57′50″ 71°10′50″ | Grand lac Saint-François | 45°53′55′′
71°09′30′′ |
21. The portion of items 180 to 188 of Part 3 of Schedule 6 to the Regulations in columns 1 to 3 is replaced by the following:
| Item | Column 1 Name Given by the Répertoire toponymique du Québec or Description |
Column 2 Local Name |
Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|---|---|
| 180. | Big Saint-François Lake, in waters other than the waters described in items 166 and 181 to 188 | Grand lac Saint-François | 45°53′55′′ 71°09′30′′ |
| 181. | Big Saint-François Lake, within 100 m of the shore on the major part of the circumference of the lake, in waters other than the waters described in items 182 and 183 | Grand lac Saint-François | 45°53′55′′
71°09′30′′ |
| 182. | Big Saint-François Lake, in Sauvage Bay, within 35 m of the shore between points at coordinates 45°50′19″ 71°08′57″ and 45°50′20″ 71°08′41″ | Grand lac Saint-François | 45°53′55′′
71°09′30′′ |
| 183. | Big Saint-François Lake, in Sauvage Bay, within 50 m of the shore between points at coordinates 45°50′06″ 71°09′34″ and 45°49′53″ 71°09′34″ | Grand lac Saint-François | 45°53′55′′
71°09′30′′ |
| 184. | Big Saint-François Lake, within 100 m of the shore of three islands between points at coordinates 45°52′35″ 71°09′27″, 45°48′12″ 71°08′57″ and 45°47′36″ 71°08′51″ | Grand lac Saint-François | 45°53′55′′
71°09′30′′ |
| 185. | Big Saint-François Lake, in Sauvage Bay, in an area delineated by a line drawn between points at the following coordinates 45°49′03″ 71°09′56″, 45°49′12″ 71°09′37″, 45°50′41″ 71°08′50″, 45°50′41″ 71°08′50″ and 45°50′20″ 71°08′40″ | Grand lac Saint-François | 45°53′55′′
71°09′30′′ |
| 186. | Big Saint-François Lake, in Sauvage Bay, in an area delineated by a line drawn between points at the following coordinates 45°49′03″ 71°09′56″, 45°49′12″ 71°09′37″, 45°47′26″ 71°08′20″ and 45°47′21″ 71°08′36″ | Grand lac Saint-François | 45°53′55′′
71°09′30′′ |
| 187. | Big Saint-François Lake, in the Ashberham River, between points at coordinates 45°58′34″ 71°15′35″ and 45°58′21″ 71°15′09″ | Grand lac Saint-François | 45°53′55′′ 71°09′30′′ |
| 188. | Big Saint-François Lake, in the Aux Bleuets River, between points at coordinates 45°55′45″ 71°07′26″ and 45°55′48″ 71°08′59″ | Grand lac Saint-François | 45°53′55′′
71°09′30′′ |
22. The portion of item 203 of Part 3 of Schedule 6 to the Regulations in columns 1 and 3 is replaced by the following:
| Item | Column 1 Name Given by the Répertoire toponymique du Québec or Description |
Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|---|
| 203. | Chambly Basin:
|
45°27′40″
73°17′00″ |
23. Item 204 of Part 3 of Schedule 6 to the Regulations is replaced by the following:
| Item | Column 1 Name Given by the Répertoire toponymique du Québec or Description |
Column 2 Local Name |
Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
Column 4 Maximum Speed in km/h Over the Ground |
|---|---|---|---|---|
| 204. | Blanche River between Blanc Lake at coordinates 46°19′42″ 74°12′38.1″ and 46°19′42.8″ 74°12′32.9″ and Ouareau Lake at coordinates 46°18′11.9″ 74°10′12.6″ and 46°18′06.6″ 74°10′05.6″ | Rivière Blanche (Ouareau) | 46°18’09″ 74°10’10″ |
10 |
24. The portion of item 239 of Part 3 of Schedule 6 to the Regulations in column 3 is replaced by the following:
| Item | Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|
| 239. | From point A at coordinates 46°06′11″ 72°54′23″ to point B at coordinates 46°04′43″ 72°50′44″ |
25. The portion of item 243 of Part 3 of Schedule 6 to the Regulations in column 3 is replaced by the following:
| Item | Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|
| 243. | 45°19′51″
73°50′37″ |
26. The portion of items 1 to 3 of Part 5 of Schedule 7 to the Regulations in columns 1 and 3 is replaced by the following:
| Item | Column 1 Name Given by the Répertoire toponymique du Québec or Description |
Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|---|
| 1. | Châteauguay River from point A at coordinates 45°22′15.23″ 73°45′13.20″ to point B at coordinates 45°22′47.44″ 73°45′07.28″ | Point A: 45°22′15.23″ 73°45′13.20″
Point B: 45°22′47.44″ 73°45′07.28″ |
| 2. | Châteauguay River from point B at coordinates 45°22′47.44″ 73°45′07.28″ to point C at coordinates 45°22′58.93″ 73°46′09.17″ | Point B: 45°22′47.44″ 73°45′07.28″
Point C: 45°22′58.93″ 73°46′09.17″ |
| 3. | Châteauguay River from point B at coordinates 45°22′47.44″ 73°45′07.28″ to point D at coordinates 45°24′01.49″ 73°45′06.44″ | Point B: 45°22′47.44″ 73°45′07.28″
Point D: 45°24′01.49″ 73°45′06.44″ |
27. Items 5 and 6 of Part 5 of Schedule 7 to the Regulations are repealed.
28. Item 48 of Part 5 of Schedule 7 to the Regulations is repealed.
29. The portion of item 62 of Part 5 of Schedule 7 to the Regulations in columns 1 and 3 is replaced by the following:
| Item | Column 1 Name Given by the Répertoire toponymique du Québec or Description |
Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|---|
| 62. | Blanche River between Blanc Lake at coordinates 46°19′42″ 74°12′38.1″ and 46°19′42.8″ 74°12′32.9″ and Ouareau Lake at coordinates 46°18′11.9″ 74°10′12.6″ and 46°18′06.6″ 74°10′05.6″ | 46°18′09″ 74°10′10″ |
30. The portion of item 4 of Part 3 of Schedule 8 to the Regulations in column 3 is replaced by the following:
| Item | Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|
| 4. | 46°03′09″
74°00′32″ |
31. Item 53 of Part 3 of Schedule 8 to the Regulations is replaced by the following:
| Item | Column 1 Name Given by the Répertoire toponymique du Québec or Description |
Column 2 Local Name |
Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|---|---|
| 53. | Blanche River between Blanc Lake at coordinates 46°19′42″ 74°12′38.1″ and 46°19′42.8″ 74°12′32.9″ and Ouareau Lake at coordinates 46°18′11.9″ 74°10′12.6″ and 46°18′06.6″ 74°10′05.6″ | Rivière Blanche (Ouareau) | 46°18′09″ 74°10′10″ |
COMING INTO FORCE
32. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
Increased water activities due to population growth and the technical evolution of vessels have resulted in an increase in conflicts between waterway users and, as a consequence, an increased safety risk to users and in some instances, an increased risk to sensitive ecosystems. Each year, Transport Canada (TC) receives a number of applications from local authorities to impose or amend restrictions on navigation in order to promote safe and efficient navigation of vessels, the safety of persons on Canadian waters and protecting the environment.
Local authorities requested that certain peace officers in Alberta and members of a fire department in Calgary, Alberta be given enforcement authority under the Vessel Operation Restriction Regulations (the Regulations) in order to enhance the safety of navigation and to protect the environment and public interest.
In British Columbia (B.C.), a local authority requested an amendment to an existing restriction in order to protect the marine environment, safeguard the lake as a source of drinking water for the community, and for reasons of public safety.
In Quebec, six municipalities submitted a joint request to amend all references to Lake Saint-François to Grand lac Saint-François in order to be more specific regarding the local naming of the body of water. It was concluded that the original restriction (submitted in 1996) did not reflect the intentions of the municipalities and the clarifications will aid in the enforcement of their restrictions. As well, a local authority in Quebec requested an amendment based on confusion involving two of the three schedule restrictions for Lac Grenier. Schedule 1 is a duplicate restriction, therefore the local authority requested repeal, and Schedules 3 and 8 were corrected so the geographic coordinates were no longer on land. Another municipality in Quebec requested the repeal of a restriction based on long-standing community support for waterskiing in the area and the belief that the original restriction (circa 1960) is now out of date with the existing climate and public interest.
Local authorities in B.C. and Quebec identified errors in geographic coordinates resulting in regulatory misinterpretation related to the safety of users for these bodies of water.
Finally, at the request of local authorities and enforcement agencies, clarification of wording was sought to improve the readability of the Regulations and to improve compliance and enforcement activities so that any contravention of the Regulations can be correctly referenced.
Background
The Regulations, made pursuant to the Canada Shipping Act, 2001 (CSA 2001), provide for the establishment of restrictions to boating activities and navigation on Canadian waters.
Objectives
The objectives of the amendments are
- to assist in the maintenance of an effective enforcement regime and promote the viable and effective use of Canadian waters; and
- to increase safety and environmental protection for both recreational boaters and commercial operators.
These objectives support the requests made by local authorities (communities, enforcement agencies and governments), which are requesting the amendments to the restrictions.
Description
The Regulations provide for the establishment of restrictions to boating activities and navigation in Canadian waters. The restrictions set out in the Schedules to the Regulations include prohibitions with respect to access by vessels to specified waters; restrictions on the mode of propulsion used, maximum engine power or speed limits; and prohibitions on recreational towing (e.g. water-skiing) activities. The Schedules to the Regulations also specify waters in which a permit is required in order to hold a sporting, recreational or public event or activity (e.g. regattas and dragon boat races).
The changes to the Regulations Amending the Vessel Operation Restriction Regulations include
- Repealing the Schedule 1 restriction (“Waters on which all vessels are prohibited”) on Lac Grenier, Quebec. However, the Schedule 3 restriction (“Waters on which power-driven vessels are prohibited”) remains unchanged. Lac Grenier is located in the Laurentian region of Quebec, north of Montréal, within the territory of both the Towns of Estérel and Sainte-Marguerite-du-Lac-Masson. This amendment will increase the safety of users on this water body by reducing confusion regarding which restriction applies. It also harmonizes compliance and enforcement activities between the two municipalities. This repeal allows vessels on the lake, but maintains the prohibition on power-driven vessels. It also corrects the geographical position identifiers found in the Regulations.
- Amending the Regulations to add a new Schedule 2 restriction (“Waters on which power-driven vessels and vessels driven by electrical propulsion are prohibited”) for Cowichan Bay, B.C.
- Cowichan Bay is located on the south-west coast of Vancouver Island, B.C. This amendment reduces identified threats to the productivity of the estuarine environment which is attributable to a combination of land-based development, non-point source pollution, and boating activities. Users of Cowichan Bay will have restricted access to certain parts of the estuary as this activity was deemed, through research by the applicant, to have been destroying the replanted eelgrass beds that were intended to support the Cowichan River salmon. Users are no longer permitted to use powered boats in certain parts of the estuary, but continue to be able to use non-powered boats.
- Correcting the geographic coordinates of two bodies of water in the province of Quebec (Lac Gustave and Lac Richer) that are subject to a Schedule 2 restriction (“Waters on which power-driven vessels and vessels driven by electrical propulsion are prohibited”). This change will improve the enforceability of the Regulations and increase safety for all users.
- Amending six restrictions of Schedule 3 restriction (“Waters on which power-driven vessels are prohibited”) for Lac Grenier, Lac Maple/Lac Vert, Lac Noiret, Petit-Lac Noir, Lac Notre-Dame and Lac Rose, in Quebec, by correcting the geographic coordinates of these bodies of water. This change will improve the enforceability of the Regulations and increase safety for all users.
- Changing the Schedule 4 restriction (“Waters in public parks and controlled access bodies of water on which power-driven vessels and vessels driven by electrical propulsion are subject to an engine power limit”) to a Schedule 3 restriction (“Waters on which power-driven vessels are prohibited”) on Gardom Lake, B.C.
- Gardom Lake, B.C. is a small lake in the interior of B.C. that is used primarily by recreational users. The amendment to the restriction increases public safety, specifically by prohibiting fast boats on a small lake. The applicant concluded that it also protects the marine environment, specifically by reducing negative impacts of gasoline-powered vessels on local habitat and to preserve the integrity of the lake as a potential drinking water source. The lake currently has an engine power restriction but the amended restriction will prohibit power-driven vessels, only allowing those driven by electrical propulsion and non-power vessels. It promotes the environmental sustainability of the body of water as a source of drinking water for the surrounding community. The community wants to restrict use to electric motors only. The restriction is expected to have positive environmental impacts by reducing emissions, wake, waves on shore, turbulence and noise. The elimination of gas-powered engines will help protect the riparian environment by reducing shoreline erosion and improving plant, animal and fish habitat.
- Amending 10 restrictions of Schedule 6 (“Waters on which power-driven vessels and vessels driven by electrical propulsion are subject to a speed limit”) for Grand lac Saint-François, Quebec (located in the municipalities of Adstock, Saint-Joseph-de-Coleraine, Lambton, Sainte-Praxède, Saint-Romain and Stornoway), by correcting the geographic place name and coordinates of this body of water.
- The request to amend the restriction for the lake is to increase clarity regarding the local naming of the body of water and to amend the geographical position currently identified for Grand lac Saint-François. The previous restriction did not reflect the intention of the original application as submitted in 1996 from the six municipalities. The location references identified in items 166 and 180–188 were incorrect and resulted in conflicts between users of Grand lac Saint-François and enforcement authorities.
- Changing the Schedule 6, 7 and 8 restrictions for Rivière Blanche in Quebec. The amendment to Schedule 6 (“Waters on which power-driven vessels and vessels driven by electrical propulsion are subject to a speed limit”) corrects the place name, modifies the geographic coordinates and lowers the speed limit from 25 km/h to 10 km/h between Lac Blanc and Lac Ouareau. The amendment to Schedule 7 (“Waters in which towing a person on any sporting or recreational equipment, or allowing a person to wake surf, is prohibited except during the permitted hours”) extends the prohibition on recreational towing, corrects the name and modifies the geographic coordinates of Rivière Blanche. The amendment to Schedule 8 (“Waters in which a sporting, recreational or public event or activity is prohibited”) corrects the name and changes the geographic coordinates of the body of water.
- Rivière Blanche, also known locally as the Rivière Ouareau, is located in Saint-Donat, part of the Municipality of Matawinie, within the larger administrative region of Lanaudière (Laurentian area north of Montréal), Quebec. This body of water has a public access ramp and is used primarily by recreational users. The Rivière Blanche (Ouareau) links Lac Blanc with Lac Ouareau and has heavy transit traffic with approximately 2 500–3 500 users during the summer period. From a safety and security perspective, this intensive use has become very problematic. The change to the restrictions is due to the increased popularity of towing sports in the narrow river leading to multiple concerns for the safety of swimmers, non-powered vessels and powered vessels not engaged in recreational towing activities. Intervention by municipalities and law enforcement resulted in no change. Implementation of a selective ban in portions of the Rivière Blanche (Ouareau) between Lac Blanc and Lac Ouareau for towing, sporting, recreational or public events or activities, including a decrease from the current maximum speed restriction of 25 km/h to 10 km/h, reduces conflict and improves safety for all users, especially swimmers and recreational boaters in the Rivière Blanche (Ouareau).
- Repealing two restrictions in Schedule 7 (“Waters on which a power-driven vessel towing a person on water skis, a surf board or any other similar equipment is prohibited except during the permitted hours as indicated”) on Lac du Nord and Lac Dupuis, Quebec.
- Lac du Nord and Lac Dupuis are two smaller lakes located on either side of Lac Masson in the Estérel region of Quebec, just north of Montréal. These lakes are used primarily by recreational users. The request to repeal the recreational towing restriction (on both bodies of water) was based on long-standing community support for waterskiing in the area and the belief that the original restriction applications (circa 1960) were out of date with the existing climate. Furthermore, the municipality came to the conclusion, through its own research, that the restriction was improperly applied for by the council of the day, resulting in loss of enjoyment for residents. The council wishes to remove the restrictions to prevent conflict between the municipality and the Sûreté du Québec, who continues to enforce the restriction. The repeal of this restriction will allow users of the two lakes to participate in recreational towing activities.
- Amending the Schedule 8 restriction (“Waters in which a sporting, recreational or public event or activity is prohibited”) for Lac Grenier, which is located in the municipalities of Sainte-Marguerite-du-Lac-Masson and Estérel, in the province of Quebec, by correcting the geographic coordinates of this body of water. This change will improve the enforceability of the Regulations and increase safety for all users.
- Amending the Regulations to add peace officers employed by Parkland County, Alberta, and firefighters employed with the Calgary Fire Department in Calgary, Alberta, to the list of persons authorized to ensure compliance with the Regulations. The appointment of these designated officials assists in maintaining and promoting the safe operation of vessels in the area. The appointment allows the enforcement officer to prohibit the movement of any vessel, direct it to move, stop and board it, direct any person to cease operation, ask questions, demand reasonable assistance, and require that any person on board the vessel provide requested documentation. Enforcement officers may issue fines ranging from $100 to $500 as per the Contraventions Act and Regulations.
- Improving the enforceability of the Regulations by making corrections to existing restrictions on seven bodies of water in the province of Quebec (Bassin de Chambly, Chenal Bergeron, Chateauguay River, Lac Grenier, Lac Rose, Grand lac Saint-François and Rivière Saint-François) to accurately reflect their geographic place names and coordinates and increase safety for all users.
- Clarifying section 4 and subsections 6(1), 10.1(1), 11(3) and 12(1) to improve the readability of the Regulations and improve compliance and enforcement activities so that any contravention of the Regulations can be correctly referenced. For sections 4, 6, 10, 11 and 12, the amendments correct or remove references that did not point to the appropriate subsections of the Regulations.
“One-for-One” Rule
The “One-for-One” Rule does not apply, as there is no change in the administrative costs to businesses.
Small business lens
The small business lens does not apply, as there are negligible costs to small businesses.
Consultation
Consultations regarding the new restrictions set out in the amendments to the Regulations were conducted by local authorities and enforcement partners.
Consultations on the amendments were generally met without controversy or opposition. The amendments were requested by local authorities to TC. Transport Canada only proceeds with a proposed restriction if a consensus exists within the community.
The local authorities consulted their stakeholders and in the case of Lac Dupuis and Lac du Nord, the municipality came to the conclusion through its own research that the restriction was improperly applied for by the council of the day, resulting in loss of enjoyment for residents. It therefore wishes the restrictions to be repealed in order to prevent conflict between the municipality, who wants the restriction to be removed, and the Sûreté du Québec, who continue to enforce the current restriction. Consultations were conducted with the community during the month of June 2011 through public notices that were distributed via email to all citizens with email addresses on file and by surface mail to the remainder of residents. The notices were also published in local newspapers with circulation throughout 11 municipalities in the region, as well as being posted online. A physical notice was also posted outside of Estérel City Hall for the open house, which was held June 17, 2011. Ninety percent of the residents voted in favour of the amendments.
In the case of Rivière Blanche (Ouareau) in Saint-Donat, Quebec, consultations were conducted during the period of May to September 2010. Consultations consisted of a survey in late May. In mid-July, letters were sent to stakeholders, public notices were posted, physically at the City Hall for the Municipality of Saint-Donat and on their Web site for public consultation. The Mohawk Council of Kanesatake was also separately consulted with regard to the amendments. In early August, the Municipality received individual responses from stakeholders and discussed the issue at the public meeting of the Municipal Council. On August 14, a public consultation meeting was held at City Hall for the Municipality of Saint-Donat where more than 200 individuals attended the meeting with the majority in favour. Following the consultation period, the Council adopted the motion to apply for an amendment to the Regulations.
In the case of Grand lac Saint-François, six municipalities passed new resolutions supporting the community consensus to replace resolutions that were misinterpreted in 1996 resulting in the restrictions which did not accurately address the safety needs for this body of water. Public consultations with the six municipalities around the lake, as well as with the Parc national de Frontenac which straddles the lake, were completed in 2011 following the identification of the errors in the location references.
In the interest of public safety and environmental protection, the Columbia Shuswap Regional District (CSRD) requested an amendment to the Schedule 4 restriction, to allow electric motors only on Gardom Lake, B.C. The wake and wash from gasoline-powered engines is deemed, according to the CSRD, to be damaging riparian zones and interfering with the habitats of the following listed species of concern: the Western painted Turtle, Great Blue Heron and the Flammulated Owl as well as freshwater mollusks. The lake is also used as a drinking water source. Consultations were conducted by the applicant, CSRD, with the community at the Ranchero-Deep Creek fire hall in August 2010 and again in August 2011 with strong support of greater than 80% for the restrictions. Those stakeholders that opposed the proposal indicated their preferences as follows: 6% — restrict 2-stroke engines; 4-stroke and electric motors would still be allowed; 6% — status quo — leave the current 10 horsepower maximum restriction on gas engines as is; and 3% — restrict all motorboats — only allow self-propelled watercraft, for example canoes and kayaks. The consultations were announced in various newspapers, by posting notices on 20 community notice boards and emailing stakeholders about the open houses. Both meetings in 2010 and 2011 received media attention. As well, meeting information was posted on the CSRD Web site and notice board.
For Cowichan Bay, B.C., Cowichan Tribes, the Cowichan Valley Regional District (CVRD), Cowichan Bay Fisherman’s Wharf Association, representatives of commercial and sport fishing, Living Rivers Trust, BC Wildlife Federation, Fisheries and Oceans Canada, Transport Canada, and the Royal Canadian Mounted Police have worked together and in partnership with the community for the past two years. Cowichan Bay is a focal point for First Nations food, social and ceremonial activities. A public consultation program commenced in the fall of 2010. The program involved a variety of consultation and communications methods to seek input on the proposal from community members and other stakeholders. Two meetings were held (November 30, 2010, and February 15, 2011), which were open to the general public. The purpose of the first meeting was to introduce the proposal and gather feedback. The purpose of the second meeting was to present a revised proposal based on the feedback received at the first meeting. A Frequently Asked Questions (FAQ) document was distributed online and at the second community meeting in order to address significant issues and questions. Following the second meeting, the proposal was again revised and, in July 2011, an online survey was made available through the CVRD email distribution list to confirm directions in the second revised proposal. Approximately three quarters of the respondents to the survey indicated that the Regulations would be beneficial to the protection of eelgrass habitat and that the regulatory proposal should move forward. The partners used a variety of methods to contact and provide information to community members, including print advertisements, posters, and email (the CVRD maintains an email distribution list for more than 300 households in the Cowichan Bay area). Information was also made available on the CVRD Web site and was included in newsletters distributed to all Cowichan Bay households as part of the Electoral Area D — Cowichan Bay Official Community Plan process.
In each case, the problem area was assessed, and the type of restriction was matched to the circumstances of the case. Local communities, enforcement agencies and local governments are proposing, justifying and supporting these restrictions.
Rationale
The intent of these amendments is to enhance the safety of navigation, both commercial and recreational, by restricting or prohibiting the type of vessel and the speed of vessels using the various bodies of water identified, thus reducing the conflicts between waterway users that cause unnecessary safety risks. This is expected to have a positive impact on public safety. The restriction may also minimize threats to the ecosystem of Gardom Lake and Cowichan Bay in B.C. as well as the Rivière Blanche (Ouareau) in Quebec caused by the operation of power-driven vessels.
According to the CVRD, failure to regulate boating within Cowichan Bay will likely result in degradation of habitat, impact on communities of nesting waterfowl and other impacts on erosions of shoreline and plant communities (eelgrass beds). Failure to regulate on Gardom Lake will degrade their existing source of drinking water if non-electric powered vessels are permitted to continue operating on the body of water. Failure to provide the Calgary Fire Department with enforcement powers may lead to additional safe navigation and safety of persons on Canadian waters issues, as one death occurred in 2012 along the Bow River upstream of the Harvie Passage.
The reduction in speed on the Rivière Blanche (Ouareau) in Quebec is aimed at protecting the shoreline by reducing erosion (a collateral benefit of reduced engine power limits) and may also contribute to the protection of the riparian environment as well as the protection of swimmers and non-powered vessels. The reduction will also reduce the severity of interactions between power-driven vessels and non-power driven vessels as well as other uses of the waterway, and will provide more time for vessel operators to avoid incidents. Failure to regulate could result in continued boating behaviour that, in the context of the identified section of the Rivière Blanche (Ouareau), has been identified as being both unsafe to users and harmful to the environment.
The amendments are aimed at increasing safety for Canadians.
Consultation with the industry has shown that the amendments have no negative impact on current commercial operations. There is no known commercial fishing interest in the area of the restrictions and therefore no impact.
Costs to consumers will be negligible. In the case of Gardom Lake, B.C., most users of the waterways currently use nonpowered vessels and wish to continue to do so. Operators of power-driven vessels will be impacted, but will continue to be able to experience the river system if they adhere to the restrictions and operate a vessel with an electric motor.
There will be an ongoing cost related to the erection of signage and for enforcement-related activities. The Calgary Fire Department in Alberta, and the municipalities identified in Alberta, B.C. and Quebec, have committed to being accountable for these costs.
The amendments will likely have significant positive environmental and safety impacts, according to the local authorities requesting them, which will far outweigh the minimal impacts to the local and business community.
Implementation, enforcement and service standards
The CSA 2001 provides for maximum fines upon summary conviction of $100,000 or one year in prison, or both for violations of regulations made under Part 5 of the Act, which includes these Regulations. Enforcement is by way of summary conviction or ticketing under the Contraventions Act. The Contraventions Regulations, made pursuant to the Contraventions Act, sets out fine amounts for contravention of regulations made under the CSA 2001. The Regulations specify the classes of persons who are entitled to enforce the Regulations and include the Royal Canadian Mounted Police (RCMP), provincial and municipal police forces, as well as other groups such as special constables, conservation officers, wildlife officers, and marine safety inspectors.
The municipalities involved and their related enforcement authorities have agreed to enforce the restrictions in the amendments to the Regulations as well as maintain the required signage. No increase in the cost of enforcement to the federal government is expected. Local enforcement agencies normally conduct enforcement measures incidental to their other duties, and therefore no significant increase of enforcement costs to local governments are anticipated.
As matters pertaining to navigation and shipping fall under jurisdiction of the federal government, the amendments to the Regulations are used as a mechanism whereby local authorities can respond to local safety situations and threats to the environment or the public interest, by partnering with the federal government to enact regulations under the CSA 2001. Since the philosophy behind the Regulations is one of partnership between federal, provincial and municipal governments through an existing program, TC staff provides regulatory briefings and other support to assist local enforcement agencies in their enforcement functions.
Contact
Michele Rae
Project Manager
Policy, Legislative, Regulatory and International Affairs
Marine Safety and Security
Transport Canada
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-991-3008
Fax: 613-991-5670
Email: michele.rae@tc.gc.ca
- Footnote a
S.C. 2005, c. 29, s. 18 - Footnote b
S.C. 2001, c. 26 - Footnote 1
SOR/2008-120