Regulations Amending the Vessel Operation Restriction Regulations: SOR/2022-175

Canada Gazette, Part II, Volume 156, Number 16

Registration
SOR/2022-175 July 15, 2022

CANADA SHIPPING ACT, 2001

P.C. 2022-878 July 14, 2022

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 136(1)footnote a of the Canada Shipping Act, 2001 footnote b, makes the annexed Regulations Amending the Vessel Operation Restriction Regulations.

Regulations Amending the Vessel Operation Restriction Regulations

Amendments

1 (1) The portion of subsection 2(7) of the Vessel Operation Restriction Regulations footnote 1 before paragraph (a) is replaced by the following:

(7) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion at a speed in excess of 10 km/h within 30 m of the shore in the following waters:

(2) The portion of paragraph 2(8)(b) of the Regulations before subparagraph (i) is replaced by the following:

  • (b) in respect of a vessel, if the vessel is operated
2 (1) The portion of item 18 of the table to section 16 of the Regulations in column 1 is replaced by the following:
Item

Column 1

Persons or classes of persons

18 A special constable or municipal inspector for the following entities in Quebec: Municipality of Austin, Municipality of Ayer’s Cliff, Potton Township, Stanstead Township, Hatley Township, Municipality of Hatley, City of Magog, Regional County Municipality of Memphrémagog, Municipality of the Village of North Hatley, Municipality of Ogden, Municipality of Sainte-Catherine-de-Hatley, Municipality of Adstock, Municipality of Lambton, Municipality of Saint-Romain, Municipality of Saint-Joseph-de-Coleraine, Municipality of Sainte-Praxède, Municipality of Stornoway, City of Lac-Brome, Municipality of Saint-Ferdinand, Municipality of Saint-Adolphe-d’Howard, City of Estérel, City of Sainte-Agathe-des-Monts, Township Municipality of Orford, Municipality of Saint-Hippolyte, Municipality of Ivry-sur-le-Lac and Municipality of Lac-Simon
(2) The table to section 16 of the Regulations is amended by adding the following in numerical order:
Item

Column 1

Persons or classes of persons

Column 2

Geographic location

28 A peace officer appointed under section 7 of the Alberta Peace Officer Act, S.A. 2006, c. P-3.5, and employed by Vulcan County Alberta
3 Item 15 of Part 6 of Schedule 2 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)

15 Bob Lake Lac à Bob 45°56′50″ 73°48′50″

4 The heading of Schedule 3 to the Regulations is replaced by the following:

Waters on Which Power-driven Vessels and Vessels Driven by Electrical Propulsion That Have an Aggregate Maximum Power Greater than 7.5 kW Are Prohibited

5 The portion of item 83 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

83 Rougeaud Lake Lac de la Rouge
6 The portion of item 134 of Part 5 of Schedule 3 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)

134 Ricard Lake 45°45′06″ 76°11′12″
7 The portion of item 166 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)

166 48°46′40″ 78°22′26″
8 Item 167 of Part 5 of Schedule 3 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)

167 À Fillion Lake Lac Fillion 48°49′56″ 78°23′40″
9 The portion of item 168 of Part 5 of Schedule 3 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)

168 À Magny Lake 48°51′25″ 78°23′00″
10 The portion of item 209 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)

209 45°40′41″ 76°17′46″
11 The portion of items 210 and 211 of Part 5 of Schedule 3 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)

210 Anderson Lake 45°42′32″ 76°06′21″
211 Adam-Drouin Lake 45°42′55″ 76°06′28″
12 The portion of item 10 under the heading “Haliburton 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)

10 That part of the Gull River between the boundaries of Algonquin Highlands Township and the united townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde (45°06′20″ 78°37′47″) and Maple Lake (45°06′22″ 78°39′00″) in Algonquin Highlands Township, all within Haliburton County

45°06′20″

78°37′47″

to

45°06′22″

78°39′00″

45°06′28″ 78°38′34″
13 The portion of item 49 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)

49 46°23′20″ 75°17′35″
14 The portion of items 52 and 53 of Part 3 of Schedule 6 to the Regulations in column 1 is replaced by the following:
Item

Column 1

Name Given by the Répertoire toponymique du Québec or Description

52 Manitou Lake between Nord Bay (Lacasse) at coordinates 46°04′07.6″ 74°20′33.9″ and Cap de la Mousse, locally known as Adams Point, at coordinates 46°03′38.5″ 74°21′23.7″
53 Manitou Lake in the channel of the island locally known as McCall Island between the northern end of the channel at coordinates 46°03′06.0″ 74°22′02.9″ and the southern end of the channel at coordinates 46°02′51.5″ 74°22′04.3″
15 The portion of item 167 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)

167 49°52′00″ 77°26′47″
16 The portion of items 268 and 269 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)

268 46°29′00″ 75°19′24″
269 46°27′43″ 75°26′36″
17 The portion of items 271 to 277 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)

271 46°25′49″ 75°24′59″
272 46°27′13″ 75°24′26″
273 46°20′54″ 75°27′32″
274 46°21′46″ 75°26′02″
275 46°29′21″ 75°21′41″
276 46°29′41″ 75°21′07″
277 46°28′11″ 75°21′01″
18 The portion of items 279 to 283 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)

279 46°27′40″ 75°18′54″
280 46°28′53″ 75°18′12″
281 46°26′12″ 75°19′24″
282 46°28′05″ 75°17′19″
283 46°15′15″ 75°25′23″
19 The portion of items 285 and 286 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)

285 46°16′26″ 75°24′21″
286 46°15′51″ 75°24′11″
20 The portion of item 287 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)

287 D’Youville Lake 46°27′37″ 75°15′56″
21 The portion of items 288 to 292 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)

288 46°27′17″ 75°15′16″
289 46°25′32″ 75°15′08″
290 46°25′05″ 75°18′22″
291 46°25′19″ 75°17′52″
292 46°24′18″ 75°17′11″
22 The portion of items 295 to 298 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)

295 46°24′38″ 75°14′06″
296 46°23′00″ 75°14′56″
297 46°28′16″ 75°16′07″
298 46°25′31″ 75°21′16″
23 The portion of item 300 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)

300 46°22′20″ 75°14′19″
24 The portion of items 303 to 307 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)

303 46°16′36″ 75°25′56″
304 46°15′34″ 75°26′31″
305 46°20′56″ 75°14′03″
306 46°25′52″ 75°17′36″
307 46°18′07″ 75°27′38″
25 The portion of item 308 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)

308 Du Canard Lake 46°14′05″ 75°25′46″
26 The portion of items 309 to 315 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)

309 46°26′34″ 75°19′11″
310 46°26′54″ 75°19′44″
311 46°22′55″ 75°13′33″
312 46°21′02″ 75°14′22″
313 46°19′48″ 75°14′04″
314 46°19′36″ 75°14′40″
315 46°20′03″ 75°27′29″
27 The portion of items 317 and 318 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)

317 46°20′25″ 75°24′44″
318 46°14′18″ 75°26′30″
28 The portion of item 53 of Part 5 of Schedule 7 to the Regulations in column 3 is replaced by the following:
Item

Column 3

Location Reference (Répertoire toponymique du Québec Reference System)

53 48°46′40″ 78°22′26″
29 The portion of items 54 and 55 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)

54 À Fillion Lake 48°49′56″ 78°23′40″
55 À Magny Lake 48°51′25″ 78°23′00″
30 The portion of item 70 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)

70 48°46′40″ 78°22′26″
31 Item 71 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)

71 À Fillion Lake Lac Fillion 48°49′56″ 78°23′40″
32 The portion of item 72 of Part 3 of Schedule 8 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)

72 À Magny Lake 48°51′25″ 78°23′00″

Coming into Force

33 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

Due to the distinct nature of the issues being addressed by this regulatory initiative, the issues have been separated into three themes.

Correcting an oversight

Subsection 2(7) of the Vessel Operation Restriction Regulations (the Regulations) applies a speed limit to power-driven vessels of 10 km/h within 30 metres of the shore in specified waters. This restriction is also known as the universal shoreline speed limit as it applies to rivers, lakes and costal waters of the provinces impacted by the restriction (i.e. British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, and Nova Scotia).

In 2020, the Regulations were amended to ensure that vessels powered by electric motors were subject to the same operation restrictions as power-driven vessels. Due to an inadvertent omission, the changes did not explicitly identify vessels powered by electric motors in relation to the universal shoreline speed limit. Significant advances in technology have increased the power of electric motors on vessels, rendering them capable of performing a variety of different activities, including recreational towing, and of reaching high speeds quickly (e.g. electric personal watercraft). These advances in technology on electric motors have made them comparable to power-driven vessels, and, therefore, their use on the waters specified under subsection 2(7) needed to be regulated.

Designation authority

To address concerns about boating safety and promote safe boating practices, it is common for municipalities with limited enforcement capacity to request the designation of enforcement personnel not currently authorized by the Regulations to enforce compliance. Most police forces across the country are currently designated under the Regulations. However, authorities in the municipalities of Ivry-sur-le-Lac (Quebec), Lac-Simon (Quebec), and Vulcan County (Alberta) were not designated and, therefore, requested that local enforcement personnel (e.g. peace officers) be authorized to enforce the Regulations in their respective municipalities.

Administrative corrections

In consultation with local authorities, Transport Canada (TC) discovered several minor errors and inconsistencies in the text of the Regulations, such as geographical coordinates misrepresenting the body of water impacted by the restriction. The amendments ensure that the most reliable and up-to-date information is contained within the Regulations, thereby enabling water body users to understand and comply with the restrictions, and supporting more effective enforcement of the listed restrictions.

In addition, following amendments to subsection 2(3) that came into force in 2020, it was noted that the name of Schedule 3 to the Regulations requires updating to reflect the prohibition on vessels driven by electrical propulsion.

Background

Pursuant to the Regulations, TC is responsible for regulating boating activities and navigation on Canadian waters to enhance the safety of navigation, to protect the public interest and to protect the environment. Under its mandate, TC receives and responds to requests made by local authorities to implement restrictions through the Regulations. Such restrictions can 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 (e.g. water-skiing) activities. These restrictions, which are set out in the schedules to the Regulations, include

  • waters on which all vessels are prohibited;
  • waters on which power-driven vessels and vessels driven by electrical propulsion are prohibited;
  • waters on which power-driven vessels are prohibited and vessels driven by electrical propulsion are subject to an engine limit;
  • waters on which power-driven vessels and vessels driven by electrical propulsion are subject to a speed limit and/or subject to an engine power limit;
  • waters on which towing a person on any sporting or recreational equipment, or allowing a person to wake surf, is prohibited except during the permitted hours; and
  • waters on which a sporting, recreational or public event or activity is prohibited.

The schedules 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).

In April 2008, following the coming into force of the Canada Shipping Act, 2001 (CSA 2001), the Regulations replaced the former Boating Restriction Regulations. When the Boating Restriction Regulations were first enacted in June 1972, the vessel restrictions were based on traditional electric trolling motors, with a power limit of approximately 1.5 kilowatts (kW). When the Regulations entered into force in 2008, subsection 2(7) (the universal shoreline speed limit restriction) and subsection 2(3) (Waters on Which Power-driven Vessels Are Prohibited) included restrictions on the use of power-driven vessels on certain bodies of water, while still enabling the use of traditional electric trolling motors. Traditional electric trolling motors were not a concern at the time because they were not powerful enough to enable the user to undertake the same kinds of activities as power-driven vessels.

However, since that time, significant advances in technology have increased the power of electric motors on vessels and made it necessary to regulate their use on specified waters. Consequently, on December 9, 2020, the Regulations were amended to ensure that vessels powered by electric motors were subject to the same operation restrictions as power-driven vessels (SOR/2020-252). Due to an inadvertent omission, the amendments did not explicitly apply to subsection 2(7) of the Regulations, which sets the universal shoreline speed limit. To ensure that restrictions, including the universal speed limit, apply consistently to both power-driven and electric propulsion vessels, which was the policy intention in December 2020, an amendment to subsection 2(7) was needed.

To enforce the Regulations, a law enforcement entity must be designated under section 16. A request to be designated originates at the local or provincial level. Upon review and approval of the request, the Regulations are amended to include that person or class 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 any information or documents in the possession of any person on board the vessel.

Objective

Correcting an oversight

The objective of the amendment is to ensure the consistent application of the Regulations by including electric propulsion vessels in the restrictions under subsection 2(7), which already apply to power-driven vessels. This amendment corrects an oversight from when changes were made to the Regulations in December 2020. By correcting this oversight, the Regulations will ensure a consistent approach to restrictions for both power-driven and electric propulsion vessels, which provides clarity and certainty for boaters; ensures safety for all users of the bodies of water (e.g. boaters, swimmers); and protects against environmental damage (e.g. shoreline erosion).

Designation authority

The objective of designating peace officers in the municipalities of Ivry-sur-le-Lac (Quebec), Lac-Simon (Quebec), and Vulcan County (Alberta), is to provide for the enforcement of the Regulations in each of the respective jurisdictions.

Administrative corrections

The objective of the amendments for correcting geographic coordinates is to ensure clarity and certainty about restrictions for water body users and enforcement officers.

Description

Correcting an oversight

Electric propulsion vessels are added to subsection 2(7) of the Regulations to ensure that those vessels are subject to the same restrictions as power-driven vessels under similar circumstances. This aligns with the other existing restrictions (subsections 2(2) through 2(6)) in the Regulations where vessels driven by electrical propulsion are already subject to those restrictions.

This change only applies to those water bodies where regulatory restrictions already exist.

In addition, the name of Schedule 3 to the Regulations (Waters on Which Power-driven Vessels Are Prohibited) is updated to reflect changes made to subsection 2(3) which came into force in December 2020. As subsection 2(3) places restrictions on vessels driven by electrical propulsion, the name of Schedule 3 is amended to reflect the electrical propulsion restriction and titled, “Waters on Which Power-driven Vessels or Vessels Driven by Electrical Propulsion with an Aggregate Maximum Power Greater than 7.5 kW Are Prohibited.”

Designation authority

The amendments designate, as appropriate, peace officers and marine patrol officers, employed in the municipalities of Ivry-sur-le-Lac (Quebec), Lac-Simon (Quebec), and Vulcan County (Alberta) as enforcement officers under section 16 of the Regulations. The enforcement designation enables these officers to enforce local restrictions on their respective bodies of water.

Administrative corrections

The amendments correct the geographic coordinates, the name and/or the description for one body of water in Ontario and 53 bodies of water in Quebec. These are minor changes with no impact to users of these bodies of water other than providing clearer descriptions and accurate geographic coordinates of each respective restriction.

Regulatory development

Consultation

The proposed amendments were presented to stakeholders at the fall 2020 and spring 2021 Canadian Marine Advisory Council (CMAC) meetings, during the Standing Committee on Recreational Boating. CMAC attendees include boating safety organizations, law enforcement marine units, boating safety course providers, Canadian and U.S. Coast Guards, industry, academics, and others with an interest in recreational boating. During those presentations, no concerns about the proposed amendments were raised.

A virtual consultation took place from December 15, 2021, to February 14, 2022. This consultation opportunity was posted on TC’s website inviting stakeholders to provide their comments on the proposed amendments. Stakeholders who frequently attend the CMAC Standing Committee on Recreational Boating and the National Recreational Boating Advisory Council, in addition to TC’s regional Recreational Boating Advisory Council partners, were directly invited to participate in the virtual consultation. Furthermore, officials from the provinces of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, and Nova Scotia were consulted on amendments to subsection 2(7) as they are currently the only provinces with applicable universal shoreline speed limit restrictions.

During the online consultation, TC received two comments from stakeholders providing their support of the amendment to subsection 2(7) [universal shoreline speed limit]. In addition, one stakeholder corresponded with TC to receive further clarity on how the amendment to subsection 2(7) applied to bodies of water which are already covered by a distinct restriction. TC informed the stakeholder that bodies of water with existing restrictions with a maximum speed limit established are exempted from the restriction under subsection 2(7). In terms of consultations with provincial officials, TC received full support for the amendment to subsection 2(7) from the provinces of British Columbia, Manitoba, Ontario, and Nova Scotia. No comments were received from the provinces of Alberta and Saskatchewan.

Exemption from prepublication in the Canada Gazette, Part I

The amendments were not prepublished in the Canada Gazette, Part I, because they are technical and administrative changes that are not expected to impose appreciable costs on stakeholders. While the addition of electric propulsion vessels to the universal shoreline speed limit may have a small impact on operators of such vessels, this change is consistent with the policy intention of the December 2020 amendments to ensure that electric propulsion vessels are subject to all the same restrictions as power-driven vessels when operating in waters for which restrictions apply. In other words, it was simply an oversight that these vessels were not expressly subjected to the universal shoreline speed limit.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, analysis was undertaken to determine whether the amendments give rise to modern treaty implications. This assessment examined the geographic scope and subject matter of the amendments in relation to modern treaties in effect and no modern treaty obligations were identified.

Instrument choice

No non-regulatory options were considered.

Without a corrective amendment to subsection 2(7) to specify electric propulsion vessels, the Regulations would remain inconsistent in their treatment of electric propulsion vessels as compared to power-driven vessels. Boaters could mistakenly interpret that no speed limit applies to electric propulsion vessels operating within 30 metres of shore on specific bodies of water, which could have negative safety and environmental consequences. As restrictions must be set in the Regulations, there are no non-regulatory options available for addressing this issue.

For officers in the municipalities of Ivry-sur-le-Lac (Quebec), Lac-Simon (Quebec), and Vulcan County (Alberta) to enforce the Regulations, they must be designated as enforcement officers in the Regulations; there are no non-regulatory options that would allow these officers to enforce the Regulations.

To ensure that the Regulations remain accurate and up to date, technical corrections are needed; there are no non-regulatory options for making such corrections.

Regulatory analysis

Benefits and costs

Correcting an oversight

The speed limit restriction for vessels powered by electrical propulsion will ensure the continued safety of all boaters and other users of the bodies of water (e.g. human-powered vessels, swimmers) and prevent potential environmental damages (e.g. shoreline erosion). This amendment is consistent with the overall policy intention of the December 2020 amendments, which sought to ensure that electric propulsion vessels are subject to the same restrictions as power-driven vessels when operating in waters for which restrictions apply. While this restriction may result in the loss of leisure to some boaters who operate vessels powered by electrical propulsion at speeds greater than 10 km/h within 30 metres of the shoreline, TC expects such impacts to be minimal. The number of high-powered electrically propelled vessels operating in Canadian waters today is very low relative to power-driven vessels (although this number is expected to increase in the coming years). Furthermore, TC assumes that current boaters — no matter the type of vessel — abide by the universal shoreline speed limit. These restrictions have been in place for a long time and boaters are familiar with them.

Designation authority

Designating peace officers employed by the municipalities of Ivry-sur-le-Lac (Quebec), Lac-Simon (Quebec), and Vulcan County (Alberta) as enforcement officers under section 16 of the Regulations is expected to help ensure safe navigation during boating seasons. This amendment gives each respective municipality the ability to enforce the Regulations. Given that these amendments respond to requests from the local authorities, TC does not expect that additional personnel need to be hired. Therefore, it is not expected that there will be any incremental costs associated with these amendments.

Administrative corrections

Correcting the geographic coordinate inconsistencies listed for the one body of water in Ontario and 53 bodies of water in Quebec in the text of the Regulations will reduce the likelihood of misinterpretation and confusion for users of the waters and enforcement partners. This may result in marginal savings due to a reduction in compliance calls to enforcement agencies. These minor corrections will not result in any costs, as these changes are made to clarify and provide accuracy regarding locations enforced under the Regulations.

Small business lens

Analysis under the small business lens concluded that the amendments will not impact Canadian small businesses.

One-for-one rule

The amendments will not impose any administrative burden on business and will not create or repeal a new regulatory title. Therefore, the one-for-one rule does not apply.

Regulatory cooperation and alignment

The amendments are not related to a work plan or commitment under a formal regulatory cooperation forum.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, and the TC Policy Statement on Strategic Environmental Assessment (2013), a preliminary analysis was completed, which concluded that a strategic environmental assessment is not required. No important environmental effects are anticipated as a result of these amendments. The assessment took into account potential effects to the environmental goals and targets of the Federal Sustainable Development Strategy.

Gender-based analysis plus

The amendments are not expected to have negative or disproportionate impacts on any specific groups considered under the gender-based analysis plus (GBA+) lens. Similar to how rules of the road apply to all individuals driving a vehicle or using a roadway, these restrictions, and their enforcement, apply to any vessel users in a water body with navigational restrictions.

During consultations, no concerns were raised with regard to potential impacts of the amendments on the basis of identity factors such as sex, gender, age, language, education, culture, ethnicity, income, ability, sexual orientation or gender identity.

Implementation, compliance and enforcement, and service standards

The Regulations come into force on the day on which they are registered.

Provincial authorities in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, and Nova Scotia have been informed of the coming into force of the Regulations and of their responsibilities as provincial authorities administering restrictions on bodies of water under their jurisdiction.

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 governments. Through an existing program, regional TC officials provide regulatory briefings and other support to assist local enforcement agencies in their functions.

In anticipation of the amendments, TC, through the applicable regional Office of Boating Safety officials, has already provided training to the newly designated enforcement officers now authorized to enforce the Regulations. Regional Office of Boating Safety officials are available to provide additional training or support as required. Enforcement officers have a range of tools available to them and the latitude to apply an appropriate tool to a particular violation. These tools include, but are not limited to, providing educational information, fostering awareness of what constitutes safe boating, the ability to issue a warning or multiple warnings and, if required, issuing tickets with fines. The decision on how to proceed is left solely to the judgment of the enforcement officer. The table in section 16 of the Regulations sets out the persons or classes of persons that are appointed or specified as enforcement officers under these Regulations and section 17 further details the powers delegated to them.

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

Contact

Vessel Operation Restriction Regulations Manager
Legislative, Regulatory and International Affairs
Marine Safety and Security
Department of Transport
Place de Ville, Tower C
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Email: MSSRegulations-ReglementsSSM@tc.gc.ca