Vol. 141, No. 12 — June 13, 2007

Registration
SOR/2007-117 May 31, 2007

CANADA SHIPPING ACT

Regulations Amending the Boating Restriction Regulations (Miscellaneous Amendment)

P.C. 2007-854 May 31, 2007

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to section 562 (see footnote a) of the Canada Shipping Act, hereby makes the annexed Regulations Amending the Boating Restriction Regulations (Miscellaneous Amendment).

REGULATIONS AMENDING THE BOATING RESTRICTION REGULATIONS (MISCELLANEOUS AMENDMENT)

AMENDMENTS

1. The portion of subsection 7.3(2) of the Boating Restriction Regulations (see footnote 1) before paragraph (a) is replaced by the following:

(2) The Minister shall issue a permit for a maximum period set out in subsection (3) or (4) if

2. Subsection 7.3(5) of the Regulations is repealed.

COMING INTO FORCE

3. 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.)

Description

The Regulations Amending the Boating Restriction Regulations (Miscellaneous Amendment) address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations (SJC).

The Boating Restriction Regulations (the Regulations), made pursuant to the Canada Shipping Act, provide for the establishment of restrictions to boating activities and navigation in Canadian waters. Increased water activities due to population growth and the technical evolution of watercraft have resulted in requests for restrictions that promote public safety, protect property near shore and ensure safe navigation. The restrictions can prohibit boats from specified areas, restrict the mode of propulsion used, specify engine power or speed limits, or prohibit water-skiing activities and regattas with respect to location and time.

In 2005, an amendment was made to the Regulations to address the uncontrolled long term anchoring of vessels in False Creek. This small inlet, located in the heart of the city of Vancouver, is used by small passenger vessels, tugboats, tour boats, boat rental agencies and pleasure craft, both powered and non-powered, of all descriptions. The Regulations now require that a person wishing to anchor a vessel within False Creek outside of specified times must obtain a permit from the Minister, which could be issued for a period of up to 14 days in the summer or 21 days in the winter.

Subsection 7.3(2) of the Regulations, introduced by the 2005 amendments, states that the Minister "may" issue a permit to anchor a vessel in False Creek if the conditions of paragraphs (a), (b) and (c) have been met, for example, that the applicant provided the required information; that the vessel is seaworthy, and that there is space available to anchor the vessel. The SJC noted that, as worded, the Minister has the discretion to refuse to issue a permit even though the applicant meets the prescribed conditions, and, as a result, the Committee suggested reviewing the provision.

In view of these comments, subsection 7.3(2) is amended to limit the broad authority to refuse a permit that was inadvertently included in the Regulations. The City of Vancouver has been delegated with the authority to issue or refuse these permits on behalf of the Minister. In the past, the Minister has never used his discretion to refuse to issue a permit.

The SJC also pointed out that since subsection 7.3(1) already provides that no person may anchor a vessel in False Creek during the prescribed times unless that person holds a permit, it is unnecessary to provide in subsection 7.3(5) that no person shall anchor a vessel beyond the period set out in the permit. Therefore, subsection 7.3(5) is repealed.

These amendments clarify the provisions of the Regulations; however, they do not result in any impact for the population, government or industry since they do not affect the requirements or the number of permits that could be issued each year.

Contact

Tia M. McEwan
Manager
Regulatory Affairs (AMSXR)
Regulatory Services and Quality Assurance
Marine Safety
Transport Canada
Place de Ville, Tower C
330 Sparks Street, 11th floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-5352
Fax: 613-991-5670
Email: mcewant@tc.gc.ca

Footnote a

R.S., c. 6 (3rd Supp.), s. 77

Footnote 1

C.R.C., c. 1407

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