Regulations Amending the Vessel Operation Restriction Regulations: SOR/2018-204

Canada Gazette, Part II, Volume 152, Number 22

Registration

October 10, 2018

CANADA SHIPPING ACT, 2001

P.C. 2018-1251 October 4, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 136(1) ^{footnote a} and section 207 ^{footnote b} of the Canada Shipping Act, 2001 ^{footnote c}, 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 ^{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 undertake public consultations with parties that would be affected by the proposed restriction and 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 includes

• (a) the location of the waters and the nature of the proposed restriction;
• (b) information regarding the public consultations held, including a description of the groups and parties consulted;
• (c) particulars on the implementation and enforcement of the proposed restriction; and
• (d) any other information that is necessary to justify regulatory intervention.

2 Subsection 10.1(4) of the Regulations is replaced by the following:

(4) The Minister shall cancel the permit in either of the following circumstances and notify the permit holder of the cancellation:

• (a) the permit holder has knowingly provided false or misleading information to obtain the permit; or
• (b) the permit holder does not comply with the conditions set out in the permit and the non-compliance interferes with the navigation of vessels or endangers the safety of persons or the environment.

3 Subsection 12(4) of the Regulations is replaced by the following:

(4) The Minister shall cancel the permit in either of the following circumstances:

• (a) the permit holder has knowingly provided false or misleading information to obtain the permit; or
• (b) the permit holder does not comply with the conditions set out in the permit and the non-compliance interferes with the navigation of vessels or endangers the safety of persons or the environment.

4 Paragraph 14(2)(b) of the Regulations is replaced by the following:

• (b) the vessel owner or operator ensures that the vessel is seaworthy; and

5 (1) Item 16 to 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
16	A special constable employed by the Wascana Centre Authority and appointed under Saskatchewan’s The Provincial Capital Commission Act, S.S. 2017, c. P-30.011	Saskatchewan

(2) The table to section 16 of the Regulations is amended by adding the following after item 24:

Item	Column 1 Persons or classes of persons	Column 2 Geographic location
25	A community peace officer appointed under section 7 of the Alberta Peace Officer Act, S.A. 2006, c. P-3.5 and employed by the County of Newell	Alberta
26	A community peace officer appointed under section 7 of the Alberta Peace Officer Act, S.A. 2006, c. P-3.5 and employed by the Summer Village of Silver Beach, Pigeon Lake Protective Services	Alberta

6 The portion of item 50 of Part 2 of Schedule 2 to the Regulations in column 4 is replaced by the following:

Item	Column 4 Location Reference (Gazetteer of Canada Reference System)
50	49°14′22″ 115°14′10″

7 The portion of item 101 of Part 2 of Schedule 2 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Local Name
101	Cowichan Bay

8 The portion of item 10 of Part 3 of Schedule 2 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Specific Location
10	48°23′58″ 89°15′50″ to 48°23′59″ 89°13′06″

9 Item 2 of Part 5 of Schedule 2 to the Regulations is repealed.

10 The portion of item 67 of Part 1 of Schedule 3 to the Regulations in column 4 is replaced by the following:

Item	Column 4 Location Reference (Gazetteer of Canada Reference System)
67	50°39′50.9″ 116°15′40.6″

11 The portion of item 5 under the heading “Northeast Region” of Part 3 of Schedule 3 to the Regulations in column 3 is replaced by the following:

Item	Column 3 Location Reference (Alberta Land Titles Act Reference System)
5	17,18-69-23-W4

12 The portion of item 75 of Part 5 of Schedule 3 to the Regulations in column 1 is replaced by the following:

Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description
75	À Brisebois Lake

13 The portion of item 78 of Part 5 of Schedule 3 to the Regulations in columns 1 and 2 is replaced by the following:

Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description	Column 2 Local Name
78	Leclair Lake	Lac Leclair

14 The portion of item 99 of Part 5 of Schedule 3 to the Regulations in columns 1 and 2 is replaced by the following:

Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description	Column 2 Local Name
99	Lac Jolicœur	Lac Jolicœur

15 Part 5 of Schedule 3 to the Regulations is amended by adding the following after item 253:

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)
254	Lac Sainte-Marie	Lac Sainte-Marie	47°40′54″ 70°17′32″

16 The portion of item 18 under the heading “Kingston-Cornwall Area” of Part 2 of Schedule 6 to the Regulations in column 3 is replaced by the following:

Item	Column 3 Location Reference (Gazetteer of Canada Reference System)
18	44°34′00″ 77°53′00″

17 The portion of item 17 under the heading “Georgian Bay Area” of Part 2 of Schedule 6 to the Regulations in columns 1 and 3 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)
17	Four Seasons Bay in Go Home Lake, Muskoka District, commencing at coordinates 44°59′37.2″ 79°50′47.3″ to 325 m north at coordinates 44°59′44.0″ 79°50′48.5″	44°59′52.8″ 79°51′14.4″

18 The portion of item 27 under the heading “Georgian Bay Area” of Part 2 of Schedule 6 to the Regulations in columns 2 and 3 is replaced by the following:

Item	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
27	45°32′27.7″ 80°23′18.1″ to 45°32′48.9″ 80°23′13″	45°32′28.4″ 80°23′11.4″

19 The portion of item 3 under the heading “Kenora Area” of Part 2 of Schedule 6 to the Regulations in column 3 is replaced by the following:

Item	Column 3 Location Reference (Gazetteer of Canada Reference System)
3	49°45′55.9″ 94°28′23.5″

20 The portion of item 7 under the heading “Haliburton Area” of Part 2 of Schedule 6 to the French version of the Regulations in column 1 is replaced by the following:

Article	Colonne 1 Nom indiqué dans le Répertoire géographique du Canada ou description
7	Le passage étroit entre le lac Kashagawigamog et le lac Soyers, dans le canton de Minden Hills, comté de Haliburton

21 The portion of item 8 under the heading “Haliburton Area” of Part 2 of Schedule 6 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Specific Location
8	44°57′37″ 78°02′17″ to 44°57′36″ 78°02′28″

22 The portion of item 9 under the heading “Haliburton Area” of Part 2 of Schedule 6 to the Regulations in columns 2 and 3 is replaced by the following:

Item	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
9	45°02′45.6″ 78°43′04.8″	45°02′45.6″ 78°43′04.8″

23 The portion of item 10 under the heading “Haliburton Area” of Part 2 of Schedule 6 to the Regulations in column 3 is replaced by the following:

Item	Column 3 Location Reference (Gazetteer of Canada Reference System)
10	44°54′58.6″ 78°43′53.2″

24 The portion of item 16 under the heading “Lindsay-Peterborough Area” of Part 2 of Schedule 6 to the Regulations in columns 2 and 3 is replaced by the following:

Item	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
16	44°39′54.4″ 78°47′34.4″ to 44°40′49.6″ 78°47′45.5″	44°40′26.4″ 78°47′26.5″

25 The portion of item 18 under the heading “Lindsay-Peterborough Area” of Part 2 of Schedule 6 to the Regulations in columns 2 and 3 is replaced by the following:

Item	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
18	44°33′57″ 78°26′27″	44°34′ 78°27′

26 The portion of items 5 to 7 under the heading “Muskoka-Parry Sound Area” of Part 2 of Schedule 6 to the Regulations in columns 2 and 3 is replaced by the following:

Item	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
5	45°16′04″ 79°13′44″ to 45°18′57″ 79°11′23″	45°19′ 79°12′
6	45°20′07″ 79°08′43″ to 45°20′28″ 79°07′43″	45°03′ 79°19′
7	45°02′25″ 79°18′22″ to 45°13′14″ 79°16′33″	45°03′ 79°19′

27 The portion of item 14 under the heading “Muskoka-Parry Sound Area” of Part 2 of Schedule 6 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Specific Location
14	45°15′20″ 79°38′43″

28 The portion of item 18 under the heading “Muskoka-Parry Sound Area” of Part 2 of Schedule 6 to the Regulations in columns 1 and 3 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)
18	That part of the Magnetawan River from the dam at coordinates 45°37′16″ 79°24′34″ downstream to the Highway 11 bypass bridge at coordinates 45°36′54″ 79°24′52″	45°37′06.2″ 79°24′45.4″

29 The portion of item 19 under the heading “Muskoka-Parry Sound Area” of Part 2 of Schedule 6 to the Regulations in columns 2 and 3 is replaced by the following:

Item	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
19	45°34′05.6″ 79°20′52.6″ to 45°37′45.5″ 79°24′23.1″	45°35′54.8″ 79°22′05.8″

30 The portion of item 30 under the heading “Muskoka-Parry Sound Area” of Part 2 of Schedule 6 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Specific Location
30	45°33′07″ 79°13′05″ to 45°33′04″ 79°13′06″

31 The portion of item 33 under the heading “Muskoka-Parry Sound Area” of Part 2 of Schedule 6 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Specific Location
33	45°13′59″ 79°52′46″

32 The portion of item 8 under the heading “Lake Simcoe and Surrounding Area” of Part 2 of Schedule 6 to the Regulations in columns 1 to 3 is replaced by the following:

Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
8	That part of the Jersey River (locally known as the Maskinonge River), from the mouth at Cook’s Bay at coordinates 44°13′32″ 79°28′22″ upstream to the Queensway Bridge at coordinates 44°13′40″ 79°27′54″ in the Town of Keswick, Georgina Township	44°13′32″ 79°28′22″ to 44°13′40″ 79°27′54″	44°13′32.5″ 79°28′04.3″

33 The portion of item 3 under the heading “North Bay Area” of Part 2 of Schedule 6 to the Regulations in columns 1 and 2 is replaced by the following:

Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Specific Location
3	That part of the Sturgeon River that is in the Municipality of West Nipissing between Front Street Bridge at coordinates 46°21’57.8″ 79°56’02.3″ and Starlite Marina at coordinates 46°20’04.6″ 79°58’25.8″	46°21′57.8″ 79°56′02.3″ to 46°20′04.6″ 79°58′25.8″

34 The portion of item 299 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)
299	46°18′40″ 75°31′10″

35 The portion of items 322 and 323 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)
322	45°53′23″ 74°27′56″
323	45°53′23″ 74°27′56″

36 The portion of item 324 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)
324	Des Seize Îles Lake, between a point at coordinates 45°55′21″ 74°28′14.5″ and Hawthorne Island at coordinates 45°55′16″ 74°28′11″	45°53′23″ 74°27′56″

37 The portion of item 325 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)
325	45°53′23″ 74°27′56″

38 The portion of item 327 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)
327	Des Seize Îles Lake, in the channel between Armitage Island at coordinates 45°52′58.4″ 74°28′07.8″ and Amsden Island at coordinates 45°53′02.5″ 74°28′20.6″	45°53′23″ 74°27′56″

39 The portion of item 330 of Part 3 of Schedule 6 to the English version of the Regulations in column 1 is replaced by the following:

Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description
330	Within 150 m of the shore of Brome Lake and Eagle Island

40 The portion of item 336 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)
336	Massawippi River, between a point located at the mouth of that river at coordinates 45°16′33.25″ 71°58′23.09″ and a point upstream at coordinates 45°16′58″ 71°57′47.86″	45°16′47″ 71°58′16″

41 The note 5 enacted by section 70 of the Regulations Amending the Vessel Operation Restriction Regulations ^{footnote 2} at the end of Part 3 of Schedule 6 to the English version of the Regulations is repealed.

42 The portion of item 5 of Part 6 of Schedule 6 to the Regulations in column 4 is replaced by the following:

Item	Column 4 Maximum Speed in km/h Over the Ground
5	sunrise to sunset, 37 (see Note) sunrise to sunset, 10 (see Note)

43 The portion of item 1 of Part 4 of Schedule 8 to the Regulations in column 3 is replaced by the following:

Item	Column 3 Location Reference (Gazetteer of Canada Reference System)
1	49°44′27″ 97°07′35″ to 49°57′41″ 97°04′15″

Coming into Force

44 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

The Vessel Operation Restriction Regulations (the Regulations or VORR) establish restrictions on boating activities and navigation on bodies of water across Canada. To address concerns about boating safety and promote safe boating practices in the County of Newell and the Summer Village of Silver Beach in Alberta, authorities in these jurisdictions have requested that local enforcement personnel (peace officers) be authorized to enforce the Regulations in Alberta.

In addition, while administering the Regulations, and in consultation with local authorities and the Standing Joint Committee for the Scrutiny of Regulations (SJCSR), errors and inconsistencies have been identified in the text of the Regulations.

Background

Transport Canada (TC) regulates boating activities and navigation on Canadian waters to enhance the safety of navigation and to protect the public interest and the environment. When requested by a local (municipal) authority, restrictions are set out in the schedules to the Regulations and include prohibitions with respect to access to specified waters by vessels or classes of vessels; restrictions on the mode of propulsion used, maximum engine power or speed limits; and prohibitions on recreational towing activities (e.g. waterskiing). The schedules also specify waters in which it is prohibited to hold a sporting, recreational or public event or activity (e.g. regattas, dragon-boat races). The Regulations allow for enforcement by local enforcement officers, ^{footnote 3} provided that these officers are designated as enforcement officers under the Regulations.

A request to be designated as an enforcement officer originates at the local or provincial level. Upon review and approval of the request, the Regulations are amended to include that person or classes of persons for enforcement purposes. To ensure compliance with the Regulations, a designated enforcement officer may stop any vessel or direct it to move as specified, stop and board any vessel at a reasonable time, direct a person regarding the operation of equipment on board the vessel and request personal identification or other documents.

Objectives

The objectives of the Regulations Amending the Vessel Operation Restriction Regulations (the Amendments) are to improve enforcement of the Regulations in two municipalities in Alberta, and to clarify the regulatory text.

Description

The Amendments

• designate community peace officers employed by the County of Newell and the Summer Village of Silver Beach, Alberta, as enforcement officers for the purpose of enforcing the Regulations;
• make corrections to location references (including names and geographical coordinates) for 39 bodies of water identified in the schedules to the Regulations; and
• make corrections and other modifications to the text of the Regulations, in response to issues identified by TC, local authorities and the SJCSR.
  • Amendments to section 4 are being made to better set out the requirements that the local authorities must undertake when consulting on a proposed restriction and the type of information that must be submitted to TC when applying for a new VORR.
  • Amendments to subsections 10.1(4) and 12(4) are being made to better clarify the circumstances under which the Minister would cancel a permit that was given for the operation of a vessel for certain purposes or to hold special events or activities in waters where these activities would otherwise be prohibited.

Amendments are being made to paragraph 14(2)(b) for clarity and to section 16 to correct an error.

“One-for-One” Rule

The Amendments do not result in incremental administrative burden costs for businesses, the “One-for-One” Rule therefore does not apply.

Small business lens

The Amendments have no impact on small business, the small business lens therefore does not apply.

Consultation

Following requests for enforcement designation of enforcement officials in the County of Newell and the Summer Village of Silver Beach, Alberta, TC reached out to both municipalities in January 2018 to confirm their support. No concerns with the changes were identified. The other amendments to the Regulations are administrative in nature (e.g. corrections to geographic coordinates) and detailed public consultations were therefore not undertaken.

Rationale

The designation of peace officers, in the County of Newell and the Summer Village of Silver Beach, as enforcement officers for the purposes of the Regulations will assist in maintaining and promoting the safe operation of vessels in areas where vessel operation restrictions are in place. Enhanced enforcement is expected to result in positive safety benefits for these regions.

The peace officers designated under this proposal will undertake the duties related to enforcement of the Regulations within the scope of their daily duties. This will include educating boaters, and checking for and promoting compliance with the rules for safe boating. There are negligible costs associated with the designations. Providing training and support to local authorities related to the Regulations, and safe boating practices in general, are already part of the duties undertaken by TC’s Office of Boating Safety (OBS) on a regular basis. As such, there is a negligible incremental cost to TC related to the designation of peace officers.

Updates and corrections to location references and geographical coordinates in the schedules to the Regulations are intended to improve the accuracy and enforceability of the Regulations. These updates may enhance the safety of navigation on certain Canadian waters by reducing the likelihood of misinterpretation and confusion for users of the waters and enforcement partners, and may result in savings due to a reduction in compliance calls by enforcement agencies. Correcting the issues identified by the SJCSR will help to improve the clarity of the regulatory text.

Implementation, enforcement and service standards

Matters pertaining to navigation and shipping fall under the jurisdiction of the federal government, and the philosophy behind the Regulations is one of partnership between federal, provincial and local (municipal) governments. Through an existing program, regional TC staff provides regulatory briefings and other support to assist local enforcement agencies in their functions.

In anticipation of the amendments, TC, via the applicable regional OBS, has already provided training to newly designated enforcement officers. Regional OBS officials are available to provide additional support or training as required. Enforcement officers have a range of tools available to them. These include, but are not limited to, providing educational information and raising awareness of safe boating, issuing a warning or multiple warnings and, if required, issuing tickets with fines or a summons. The decision on how to proceed is left solely to the judgment of the enforcement officer.

The Contraventions Regulations, made pursuant to the Contraventions Act, set out prescribed fine amounts for contraventions of regulations, including regulations made under the Canada Shipping Act, 2001. A schedule to the Contraventions Regulations sets out specific contravention amounts to a maximum of $500 for violations to the Regulations. Enforcement is by way of summary conviction or ticketing under the Contraventions Act.

Contact

Katie Frenette
Senior Marine Analyst
Legislative, Regulatory Policy and International Affairs
Marine Safety and Security
Transport Canada
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-949-4627
Fax: 613-991-4818
Email: katie.frenette@tc.gc.ca