Vol. 132, No. 23 — November 11, 1998

Registration
SOR/98-547 29 October, 1998

NATIONAL CAPITAL ACT

Leamy Lake Navigation Channel Regulations

P.C. 1998-1930 29 October, 1998

His Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 20 of the National Capital Act, hereby makes the annexed Leamy Lake Navigation Channel Regulations.

LEAMY LAKE NAVIGATION CHANNEL REGULATIONS

INTERPRETATION

1. The definitions in this section apply in these Regulations.

"authorized vessel" means a motorboat or a shuttle boat. (embarcation autorisée)

"channel" means the Leamy Lake navigation channel described in Schedule 1. (chenal)

"Commission employee" includes a person acting on behalf of the Commission under a contract or other agreement. (employé de la Commission)

"control booth operator" means the Commission employee operating the control booth situated at the Gatineau River entrance to the channel. (préposé du poste de contrôle)

"motorboat" means a motorized vessel that

(a) is used exclusively for pleasure; or

(b) is designed to carry fewer than 10 passengers and is used for remuneration. (bateau à moteur)

"motor fuel" includes gasoline, fuel oil and diesel fuel. (carburant)

"peace officer" means

(a) a member of the Royal Canadian Mounted Police, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, designated as a peace officer under paragraph 7(1)(d) of that Act;

(b) a police officer in the police department of the City of Hull, in the Province of Quebec; and

(c) a supernumerary special constable appointed under paragraph 7(1)(c) of the Royal Canadian Mounted Police Act for the purposes of these Regulations and designated as a peace officer under paragraph 7(1)(d) of that Act. (agent de la paix)

"shuttle boat" means a motorized vessel that is designed to carry 10 or more passengers and is used for remuneration. (bateau-mouche)

"waiting area" means the area of the channel described in Schedule 2. (aire d'attente)

APPLICATION

2. These Regulations do not apply to peace officers or Commission employees acting in the course of their employment or duties, other than the control booth operator acting under sections 10 to 12.

PROHIBITIONS AND OBLIGATIONS

3. No person may use a vessel other than an authorized vessel in the channel, except in the case of an emergency.

4. No person may, in the channel,

(a) swim or bathe;

(b) do anything that unreasonably interferes with another person's use of the channel;

(c) behave in a manner that endangers public safety;

(d) stop an authorized vessel anywhere outside the waiting area, except in the case of an emergency;

(e) anchor an authorized vessel, except in the case of an emergency;

(f) dump sewage or other waste;

(g) dump motor fuel or motor oil;

(h) sell motor fuel or motor oil or supply an authorized vessel with motor fuel or motor oil; or

(i) fuel an authorized vessel with motor fuel or add motor oil to an authorized vessel's engine, except in the case of an emergency.

5. No person may operate an authorized vessel in the channel if the dimensions, configuration, draught or condition of the vessel or the goods or equipment on it could

(a) endanger public safety; or

(b) delay or obstruct navigation.

6. Every person operating an authorized vessel in the channel shall

(a) comply with the instructions of a peace officer, the control booth operator or any other Commission employee acting in the course of their employment or duties in respect of the safe and orderly use of the channel; and

(b) obey the signal lights in the channel, unless otherwise instructed by a peace officer, the control booth operator or any other Commission employee acting in the course of their employment or duties.

7. Every person operating an authorized vessel in the channel shall control the vessel in a manner that minimizes its wake in order to avoid endangering public safety or causing damage to the shoreline, to any other vessel or to any structure or object.

PERMISSION TO ENTER CHANNEL

8. Sections 9 to 12 apply during the hours of operation of the control booth set out by the Commission on a sign posted on the booth.

9. No person operating an authorized vessel may enter the channel from the Gatineau River unless the control booth operator has given the person permission to enter the channel.

10. Subject to section 12, the control booth operator shall give a person operating a motorboat permission to enter the channel if

(a) there are fewer than 20 motorboats in the channel; and

(b) there are fewer than 25 motorboats in total in the channel and Lac de la Carrière.

11. Subject to section 12, the control booth operator shall give a person operating a shuttle boat permission to enter the channel if

(a) there are no shuttle boats in the channel; and

(b) there is not more than one shuttle boat in Lac de la Carrière.

12. The control booth operator shall deny a person operating an authorized vessel permission to enter the channel if

(a) the control booth operator believes, on reasonable grounds, that the person is impaired by alcohol or drugs;

(b) the person is behaving in a manner that endangers public safety;

(c) the channel is blocked by a disabled vessel; or

(d) an emergency exists in the channel or in Lac de la Carrière.

PENALTIES

13. Every person who contravenes any of sections 3 to 7 and 9 is liable on summary conviction to a fine of not more than $500 or to imprisonment for a term of not more than six months, or to both.

COMING INTO FORCE

14. These Regulations come into force on October 29, 1998.

SCHEDULE 1
(Section 1)

LEAMY LAKE NAVIGATION CHANNEL

That portion of Leamy Lake, in the City of Hull, in the Province of Quebec, the north passage linking Leamy Lake to the Gatineau River and the part of the south passage linking Leamy Lake to Lac de la Carrière, delineated by a line drawn from a point at coordinates 45°27'21" 75°43'11" to a point at coordinates 45°27'13" 75°43'16", thence to a point at coordinates 45°27'8" 75°43'19", thence to a point at coordinates 45°27'9" 75°43'23", thence to a point at coordinates 45°27'7" 75°43'31", thence to a point at coordinates 45°27'2" 75°43'33", thence to a point at coordinates 45°26'59" 75°43'30", thence to a point at coordinates 45°26'59" 75°43'20", thence to a point at coordinates 45°26'51" 75°43'22" and thence in a southerly direction to the concrete abutment supporting the steel arches of the bridge crossing the south passage linking Leamy Lake to Lac de la Carrière, on the east side of the passage, and a line drawn from a point at coordinates 45°27'21" 75°43'12" to a point at coordinates 45°27'14" 75°43'16", thence to a point at coordinates 45°27'11" 75°43'18", thence to a point at coordinates 45°27'7" 75°43'32", thence to a point at coordinates 45°27'2" 75°43'35", thence to a point at coordinates 45°26'58" 75°43'30", thence to a point at coordinates 45°26'58" 75°43'23", thence to a point at coordinates 45°26'57" 75°43'21", thence to a point at coordinates 45°26'52" 75°43'22", thence in a southerly direction to the concrete abutment supporting the steel arches of the bridge crossing the south passage linking Leamy Lake to Lac de la Carrière, on the west side of the passage.

SCHEDULE 2
(Section 1)

WAITING AREA

That portion of Leamy Lake delineated by a line drawn from a point at coordinates 45°27'09" 75°43'20" to a point at coordinates 45°27'09" 75°43'23", thence to a point at coordinates 45°27'10" 75°43'19" and thence to the starting point.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Leamy Lake Navigation Channel Regulations (the Regulations) are made under the authority of the National Capital Act. The National Capital Commission (the Commission) is the owner of the bed of Leamy Lake, in the City of Hull, and all the lands surrounding the lake. The Regulations, in conjunction with the Boating Restriction Regulations made under the Canada Shipping Act, govern activities in a navigation channel for motorized vessels that is located on the west side of the lake.

Leamy Lake Park has been the site of recreational activities for many years. In the early 1960s, the Commission created a beach on the east side of the lake and opened the lake to the general public. The beach has been well used since that time, and more and more facilities have been provided to users over the years. The presence of the beach invites users to engage in a variety of aquatic activities including swimming, canoeing, kayaking and windsurfing. As well, a recreational pathway that runs alongside the lake is frequented by pedestrians, cyclists and in-line skaters.

Historically, Leamy Lake was fed by the Gatineau River and drained directly into the Ottawa River through the Leamy Lake Outlet. However, in the early 1970s, when it was determined that pollution from the two rivers was having a deleterious effect on the quality of the water in Leamy Lake, the water flow into and out of the lake was obstructed by the erection of dikes.

In the fall of 1995, the Commission decided to re-open Leamy Lake to the Gatineau River at the north end and to join the lake to Lac de la Carrière at the south end. Lac de la Carrière was created in 1975 when an abandoned quarry to the south of Leamy Lake was flooded, but before 1995 had never been connected to the waters in Leamy Lake. In 1995 the Commission also replaced the valve in the dike located at the mouth of the Leamy Lake Outlet in order to prevent water from flowing from the Outlet and the Ottawa River back into the lake.

The opening of the Leamy Lake Park waterway was undertaken to

The obstruction that was undertaken in the 1970s to the flow of water from the rivers decreased pollution levels in Leamy Lake, but also had the effect of making the lake stagnant. As a result, by 1995 the overall water quality in Leamy Lake was actually worse than that of the Gatineau River. By allowing water to flow into and out of the lake once again, the process of stagnation was reversed, resulting in cleaner and healthier water in the lake.

It was hoped that improving the quality of the water in the lake would in turn encourage greater use of Leamy Lake Park for recreational activities and possibly lead to the Park remaining open throughout the year.

The creation of a navigable waterway from the Gatineau River through Leamy Lake to Lac de la Carrière was seen, as well, as an opportunity to encourage tourism in the area by providing access to boaters from the Gatineau River to the Casino de Hull on Lac de la Carrière. A channel marked by lighted buoys was created along the west end of Leamy Lake and a Commission-operated control booth and signal lights were installed to allow persons operating motorized vessels to traverse the lake in an orderly fashion without interfering with the peaceful enjoyment and safe use of the lake by other persons.

The Commission, as owner of the lake bed and the lands surrounding the lake, is anxious to protect the environment of the area. An environmental impact assessment study undertaken prior to the opening of the lake indicated that some access by power boats would be acceptable if appropriate control measures, including a restriction on the number of boats and their speeds and a prohibition on the dumping of sewage in the channel, were put in place.

Other issues of concern to the Commission are the safety of users of the lake and the continuing peaceful enjoyment of the lake and the Park by all users. The Commission wishes to safely balance the use of Leamy Lake by power boaters and other persons who engage in recreational activities in the area.

As a result, the Regulations prohibit the following activities in the navigation channel:

In addition, the following rules apply:

Finally, the Regulations require the control booth operator to deny permission to enter the channel to a person operating a vessel where

The operation of the navigation channel and the actions of boaters in the channel are also governed by the Boating Restriction Regulations, made under the Canada Shipping Act. The Boating Restriction Regulations limit the speed of boats in the channel, set out periods when the channel is closed to boaters, and include restrictions on the types of activities that may occur in the channel.

Alternatives

1. No restrictions on power boating

The Leamy Lake Park waterway was opened in order to improve the quality of water in Leamy Lake, to encourage greater use of the Park for recreational activities and to increase access to the area by tourists. These benefits could be jeopardized if unrestricted power boating were permitted. In addition to having a deleterious effect on the water quality, unrestricted power boating could be a hazard to other users of the lake, could cause erosion of the shoreline, could lead to environmental damage to the lake as a result of the dumping of sewage, motor fuel or other waste, and undue noise levels resulting from the operation of many power boats could disturb persons enjoying the facilities in Leamy Lake Park, as well as threaten nesting colonies of birds in the Park.

2. Encouraging voluntary compliance with guidelines for conduct in the channel

Since the opening of Leamy Lake to the passage of vessels, power boaters have been encouraged to voluntarily abide by the rules contained in the Regulations. Although most boaters recognize that compliance with the rules benefits all users of the lake, the operators of some vessels have been found engaging in activities that are the subject of restrictions or prohibitions in the Regulations.

Such actions could ultimately damage the environment of the lake and lead to a decline in enjoyment of the area by other users, as well as jeopardizing public safety. It has also become apparent to the Commission in other circumstances where the Commission has attempted to regulate conduct through a program of voluntary compliance with guidelines that when it becomes clear to persons that there is no penalty for a breach of the rules, the level of compliance by all persons drops.

3. Complete prohibition on power boats on the lake with penalties for breaches of the prohibition

A complete prohibition on motorized vessels would remove any threat to the environment, public safety or the peaceful enjoyment of the Park by other users resulting from the presence of power boats on the lake. Such a prohibition could be enforced through the application of penalties for its breach.

However, as Leamy Lake is now part of a navigable waterway, the Commission cannot prohibit passage by members of the public on the lake. Moreover, such a measure would defeat the aim of encouraging tourism in the area.

Benefits and Costs

The Regulations will benefit all users of Leamy Lake by regulating access to the lake in order to attenuate any deleterious effects that might result from the presence on the lake of motorized vessels. By improving opportunities for recreational activities and tourism through regulated access, while safeguarding the environment, the enactment of the Regulations could also lead to economic benefits for the area.

The costs that flow from the enactment of the Regulations are the result of enforcement measures, including the commitment of enforcement personnel to the area, the publication of information for distribution to persons using the channel and the production of signs to inform the users of the rules contained in the Regulations. It should be noted, however, that peace officers already patrol the channel as a result of the application of provisions in the Boating Restriction Regulations to Leamy Lake.

Consultation

A meeting was held on November 6, 1996 in the City of Hull to explain both the Regulations and amendments to the Boating Restriction Regulations that apply to Leamy Lake, and to seek comments from members of the public on these Regulations. A notice of the meeting was published in three local newspapers 30 days before the day of the meeting. As well, a letter of invitation to the meeting was sent to 76 individuals and to the following groups who had demonstrated an interest in the opening of Leamy Lake to navigation:

Ville de Hull
Bureau du tourisme et des congrès de la Ville de Hull
Casino de Hull
L'Association touristique de l'Outaouais
Club des ornithologues de l'Outaouais
RCMP
Canadian Coast Guard
Fondex

A total of 15 people attended the public meeting. Although there was a fair amount of comment from the participants on the subject of the opening of the waterway, only two of the questions posed at the meeting concerned the Regulations.

One participant asked whether the limitation on the number of shuttle boats in the channel would have the effect of restricting the number of companies that could operate shuttle boats on the waterway. In response, staff from the Commission indicated that the number of companies permitted to operate shuttle boats through the channel would in no way be limited by the Regulations. Companies would merely be required to abide by a schedule that governs the times when a particular shuttle boat may enter the channel.

The second question raised the issue of the limitation on the number of motorboats permitted in the channel at any one time. Some participants suggested that the number was too high, while others indicated that they felt that the number was too low. Commission staff reiterated that the number of motorboats permitted in the channel is limited in order to balance the interests of persons operating motorized vessels and other users of the lake, while safeguarding and preserving the environment of the area.

Two letters commenting on the Regulations were received by the Commission following the public meeting. In the first letter, from Bombardier Inc., the company indicated that while it supported the Regulations in the main, it felt that a ban on personal watercraft (Sea-Doos) in the navigation channel that was originally in the Regulations when they were first proposed was unfair and discriminatory. Bombardier Inc. noted that these vessels are no more unsafe or noisy than other vessels when operated properly and with respect for other users of the waterway. The company pointed out that personal watercraft would be subject to the same rules regarding speed as any other vessel and for this reason should not be singled out for prohibition. As a result, the ban on personal watercraft was deleted from the Regulations.

In the second letter, the Club des ornithologues de l'Outaouais indicated its agreement in principle with the Regulations, but suggested some changes to the wording of the Regulations. The Club proposed that provisions be added that would permit a body other than the Commission to manage the navigation channel and charge a fee for entry to the channel. The Club also recommended that the channel be blocked between the end of the boating season and the freezing over of the lake.

In its response to the Club, the Commission noted that the definition of "Commission employee" in the Regulations is sufficient to allow another body to manage the activities in the navigation channel. The Commission rejected the Club's suggestion to draft the Regulations with an eye to the possibility of charging a fee for entry to the channel because of the fact that Leamy Lake is now part of a navigable waterway and thus open to passage by members of the public. With respect to blocking the channel between the end of the boating season and the freezing of the lake, the Commission noted that it would be quite difficult to do so, and the potential problem is too small to justify the expense.

Early notice of these Regulations was given in the 1997 Federal Regulatory Plan, proposal NCC/97-1-L.

These Regulations were prepublished in the Canada Gazette, Part I on August 1, 1998 and no comments were received.

Compliance and Enforcement

The Regulations will be enforced by members of the RCMP, the Hull Police Service and Conservation Officers of the National Capital Commission.

A person who contravenes the Regulations is liable, on summary conviction, to a fine of $500, imprisonment for six months, or both penalties.

Contact

Karen McNeil
Legal Counsel
National Capital Commission
202 - 40 Elgin Street
Ottawa, Ontario
K1P 1C7
Telephone: (613) 239-5477
FAX: (613) 239-5404

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).