Vol. 143, No. 41 — October 10, 2009
Statutory authority
Canada Shipping Act, 2001
Sponsoring department
Department of Transport
REGULATORY IMPACT
ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Executive summary
Issue: Each year, conflicts between waterway users create risks to the safety of Canadians. Since the regulation of navigation and shipping is a federal responsibility, local authorities must apply to Transport Canada (TC) for restrictions on navigation to be made under the Vessel Operation Restriction Regulations (the Regulations) in order to enhance the safety of local waterways or to protect the environment or the public interest.
Description: The proposed Regulations Amending the Vessel Operation Restriction Regulations include
Cost-benefit statement: The proposed amendments would have virtually no costs to consumers or businesses. The benefits would include the streamlining of the process for approving public events and activities to take place in waters subject to restrictions set out in the Schedules to the Regulations. In some cases, the current cost of applying for an exemption would be eliminated.
Business and consumer impacts: There are no significant impacts to businesses or consumers.
Domestic and international coordination and cooperation: The proposed Regulations are the result of cooperation between TC and local governments in order to address local safety and environmental issues in the context of federal regulations.
Performance measurement and evaluation plan: Most of the amendments set out in the proposed Regulations are responses to evaluations of the effectiveness of the Regulations, which showed where improvements in the regulatory regime were necessary. The effectiveness of the proposed Regulations will be monitored to evaluate the achievement of this goal.
Issue
Increased water activities due to population growth and the technical evolution of vessels have resulted in increased conflicts between waterway users and, as a consequence, an increased safety risk to users. Each year, TC receives a number of applications from local authorities to impose restrictions on navigation in order to protect public safety, the public interest and the near shore environment, and to ensure the safe and efficient navigation of vessels.
In 2008, a number of local authorities in Quebec requested that errors in existing restrictions be corrected in order to clarify the application of the Regulations and to facilitate enforcement.
In addition, proposals are incorporated in the amendments, clarifying
The proposed amendments also include provisions making possible the issuance of permits for public events and activities that would otherwise contravene restrictions made under the Regulations.
Objectives
The objectives of the proposed Regulations are twofold:
These objectives will assist in the maintenance of an effective enforcement regime, promote the viable and effective use of Canadian waters, and will promote safety for both recreational boaters and commercial operators by providing a simple and consistent mechanism for safely managing sporting, recreational or public events or activities.
Description
Currently, 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 or classes of vessels to specified areas, restrictions on the mode of propulsion used, maximum engine power or speed limits, prohibitions on recreational towing activities (e.g. water-skiing) and specify areas in which a permit is required in order to hold a sporting, recreational or public events or activities (e.g. regattas and dragon boat races).
The proposed Regulations contain a number of miscellaneous proposals:
Regulatory and non-regulatory options considered
Matters of navigation and shipping lie exclusively within federal jurisdiction. The Regulations are the only mechanism available to local authorities to resolve conflicts between user groups that are not resolvable through voluntary strategies, such as the voluntary separation of user groups engaged in incompatible activities.
In recent years, wakeboarding and wake surfing have become more popular activities. When towing a wakeboard, a vessel normally is operated so as to create a large wake for the benefit of the person on the wakeboard. It is a question of interpretation as to whether the prohibitions against “towing a person on water skis, a surf board, or any other similar equipment” also prohibits the creation of a large wake in order to propel a person surfing on the wake (wake surfing). When wake surfing, a person depends on the movement of a vessel for the generation of a wake, and thus their own motion through the water. A vessel must proceed in exactly the same manner, and produce the same type of wake whether it is towing a person on a wakeboard or creating a wake for that person to surf on.
There appeared to be only two alternatives: to clarify that the application of the prohibitions against water-skiing also apply to wake surfing or to allow the status quo to continue, without providing clarity to enforcement officers and wake surfers alike.
The same issue applies to the clarification of paragraph 2(8)(a) of the Regulations, which provides an exception to the shoreline speed limits set out in subsection 2(7). The existing exception only applies when “the operation takes place within an area designated by buoys as an area in which that operation is permitted.” However, there are no regulations under the Canada Shipping Act, 2001 (CSA 2001) that require or even authorize the permitting or placement of buoys for these purposes. Therefore, in order to clarify that the exception applies whenever a vessel pulls a water-skier perpendicularly away from shore, it is proposed to delete the reference to the buoyed area. Since this will have no impact on safety and simply reflects the current practice, there was no reasonable alternative.
Similarly, there was no reasonable alternative to the correction of information in the Schedules to the Regulations pertaining to the existing restrictions. The proposed amendments are being made to correct errors and remove uncertainty.
Currently, the Regulations do not include a provision that would permit the Minister to authorize a person to operate vessels contrary to any of the prohibitions set out in the Regulations. Therefore, there were a number of events that could not be managed in the same manner as under the former Boating Restriction Regulations made under the previous Canada Shipping Act. In particular, in order to authorize one event in 2008, the pleasure craft in the event were required to apply to the Marine Technical Review Board (MTRB) to obtain a temporary exception to the Regulations. In order to do so, the owners of these pleasure craft were required to register their vessels in the Canadian Register of Vessels for the duration of the event, because the MTRB is only authorized to consider exceptions to the Regulations in respect to vessels registered in Canada. A provision in the former Boating Restriction Regulations permitted the Minister to authorize exemptions, but this option was not carried over when they were repealed and replaced in April 2008 by the Vessel Operation Restriction Regulations under the CSA 2001.
The proposed amendments would provide for the management of public events in restricted waters through the use of a permit system, such as is already in existence, with respect to certain Schedules to the Regulations. Permits would be issued by TC, subject to conditions that minimize risk to the safety of persons and interference with the safe and efficient navigation of vessels or the protection of the environment. The alternative would be to maintain the status quo, either through the use of statutory Ministerial exemption authority, which was intended for emergency or extreme circumstances and not to address day-to-day operational issues, or through the MTRB. Both were determined to be unacceptable.
Benefits and costs
There will be no costs associated with these proposed Regulations. The proposed clarification of the application of the Regulations to the operation of a vessel for the purposes of propelling a person over the water will have little impact on boaters, but will have a direct impact only on those wake-surfers who operate in waters that are already under a restriction on recreational towing activities. There will be no costs imposed on the public, either directly or indirectly, and no commercial interests will be affected.
Also, the correction of errors in the Schedules to the Regulations and the clarification of the authority of persons authorized to ensure compliance with the Regulations will not result in any costs.
The benefit, accruing as a result of the clarifications and corrections, will be an improvement in the efficiency of the regulatory regime and consequently a minor improvement in safety.
The expansion of the permit system will reduce costs, if any, by providing a simplified system for issuing permits to event organizers. Another benefit of the rationalization of the permit system would be that senior TC staff in regional offices will be designated to exercise the authority to issue permits on behalf of the Minister. Consequently, the time taken to manage applications for permits will be greatly reduced.
Applicants for events that would otherwise contravene restrictions or prohibitions in the Schedules to the Regulations will experience fewer delays and a reduced administrative burden as a result. No new fees will be imposed as a result of this proposal. Regional organizations will develop service standards to ensure delivery of permits within a specified timeframe.
Strategic environmental analysis
A preliminary scan for environmental impacts has been undertaken in accordance
with the criteria of Transport Canada’s strategic environmental assessment policy
statement — March 2001. The preliminary scan has led to the conclusion that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination.
Consultation
Consultations regarding the proposed amendments were conducted at regional and national meetings of the Canadian Marine Advisory Council and Recreational Boating Advisory Councils. At both forums, stakeholders raised no objections. In addition, event organizers who were unintentionally impacted by the coming into force of the Vessel Operation Restriction Regulations in July 2007 have been consulted and are supportive of this proposal.
There are no new restrictions proposed through additions to the Schedules to the Regulations, and therefore municipalities have not conducted consultations with respect to the correction of errors in the Schedules. The corrections were made at the request of certain municipalities and the enforcement agencies that enforce those restrictions and consequently, both municipal councils and enforcement agencies have been consulted on the proposed amendments.
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 certain offences under Part 5 of the Act, which include the contravention of a provision of these Regulations. Enforcement is by way of summary conviction or ticketing under the Contraventions Act. The Contraventions Regulations, made pursuant to the Contraventions Act, set out prescribed fine amounts for contraventions to regulations made under the CSA 2001. The Vessel Operation Restriction Regulations specify the classes of persons who are entitled to ensure compliance with sections 2 to 15 and include the Royal Canadian Mounted Police, provincial and municipal police forces, as well as other groups such as special constables, conservation officers, wildlife officers and marine safety inspectors.
The local authorities that have applied to TC for restrictions to navigation are responsible for the enforcement of those restrictions and have guaranteed that they will conduct the enforcement and maintain the required signage. Therefore, the proposed Regulations appoint new classes of persons for the purposes of ensuring compliance. No increase in the cost of enforcement to the federal government is expected. Local enforcement agencies normally conduct enforcement incidental to their other duties and therefore there is no significant increase of enforcement costs to local governments either, except at their request.
As matters pertaining to navigation and shipping are under the jurisdiction of the federal government, the Vessel Operation Restriction Regulations provide a mechanism whereby local authorities can respond to local safety situations and threats to the environment or the public interest, by applying to 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 officials provide regulatory briefings and other support to assist local enforcement agencies in their enforcement functions.
Performance measurement and evaluation
The Regulations provide a specific mechanism for advising stakeholders when a new restriction is brought into force. Once a new restriction is approved and published in
Part II of the Canada Gazette, the local authority responsible for that restriction is
authorized by the Minister of Transport to erect signs.
Transport Canada Regional Offices of Boating Safety maintain records with respect to the applications for vessel operation restrictions and are in continued direct contact with local authorities, whom are responsible for monitoring the effects of the restrictions. When a local authority identifies that a restriction is no longer needed or requires modification, the Regional Office of Boating Safety will advise the authority to apply for a further amendment to the Regulations to repeal or modify the specific restriction.
These proposed amendments are very much a result of this continued process of evaluation of the effectiveness of the regulatory regime.
In addition, TC staff that are responsible for managing applications for permits and exemptions under the Regulations are directly responsible for providing service within a reasonable period of time. If they do not, certain high-profile public events may not be able to take place. Consequently, regional organizations are acutely sensitive to the provision of this service. The Office of Boating Safety will be developing common procedures for the management of permits and the conditions to be attached to those permits, including the development of service standards.
Kevin Monahan
Project Manager
Regulatory Services and Quality Assurance (AMSX)
Transport Canada, Marine Safety
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N8
Telephone: 613-998-8207
Fax: 613-991-5670
Email: kevin.monahan@tc.gc.ca
Notice is hereby given that the Governor in Council, pursuant to subsection 136(1) (see footnote a) of the Canada Shipping Act, 2001 (see footnote b), proposes to make the annexed Regulations Amending the Vessel Operation Restriction Regulations.
Interested persons may make written representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Kevin Monahan, Project Manager, Regulatory Services and Quality Assurance, Marine Safety, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-998-8207; fax: 613-991-5670; e-mail: kevin.monahan@tc.gc.ca).
Ottawa, October 1, 2009
JURICA ČAPKUN
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE VESSEL OPERATION RESTRICTION REGULATIONS
AMENDMENTS
1. (1) Subsection 2(6) of the Vessel Operation Restriction Regulations (see footnote 1) is replaced by the following:
(6) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in the waters described in Schedule 7 for the purpose of towing a person on water skis or on any other sporting or recreational equipment, or for the purpose of allowing a person to wake surf, except during the permitted hours set out in that Schedule.
(2) Paragraph 2(8)(a) of the Regulations is replaced by the following:
(a) in respect of a vessel that is operated for the purpose of towing a person on water skis or on any other sporting or recreational equipment, if the vessel follows a course away from and perpendicular to the shore; and
2. Section 4 of the Regulations 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 section 2 or subsections 11(2) or (3), 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.
3. 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 established by any of subsections 2(1) to (6) or 11(2) or (3).
4. Paragraph 9(1)(f) of the Regulations is replaced by the following:
(f) the symbol consisting of the word “SKI” shown under letter H of Table 1 to Schedule 9 in conjunction with the diagonal bar shown under letter B of that Table indicates that no power-driven vessel shall be operated for the purpose of towing a person on water skis or on any other sporting or recreational equipment, or for the purpose of allowing a person to wake surf, on the waters in respect of which the sign has been placed.
5. The Regulations are amended by adding the following after section 10:
OPERATION OF A VESSEL FOR CERTAIN PURPOSES
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 described in any of subsections 2(1) to (5) or (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) or (3).
(2) The Minister shall set out in the permit any conditions that are necessary to protect the environment and to minimize risk to the safety of persons and interference with the safe and efficient navigation of vessels.
(3) The person in whose name the permit is issued shall comply with the conditions set out in the permit.
(4) The Minister may cancel the permit if the person in whose name the permit is issued does not comply with the conditions set out in the permit, and shall notify the person of the cancellation.
6. Subsection 11(3) of the Regulations is replaced by the following:
(3) No person shall hold, in the waters described in any of subsections 2(1) to (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).
7. (1) 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 described in any of subsections 2(1) to (7) or 11(2), 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.
(2) Subsection 12(2) of the Regulations is repealed.
8. The portion of subsection 14(1) of the French version of the Regulations before paragraph (a) is replaced by the following:
14. (1) Il est interdit à toute personne qui n’est pas titulaire d’un permis délivré par le ministre de mouiller un bâtiment dans les eaux de la baie de False Creek, dans la ville de Vancouver, qui sont situées à l’est d’une ligne tirée dans une direction de 45° (vrais) à partir de la pointe Kitsilano jusqu’à la rive nord de la baie de False Creek, dans les cas suivants :
9. (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 |
|---|---|
|
18. |
A special constable or municipal inspector for the following entities in Quebec: |
|
|
Municipality of Austin, Municipality of Ayer’s Cliff, Township Municipality of Potton, Township Municipality of Stanstead, Township of Hatley, Municipality of Hatley, City of Magog, Regional Municipality of Memphrémagog, Town 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 and Township Municipality of Orford |
(2) The table to section 16 of the Regulations is amended by adding the following after item 21:
|
Item |
Column 1 |
Column 2 |
|---|---|---|
|
22. |
A First Nations Constable appointed under the Ontario Police Services Act, R.S.O. 1990, c. P.15 |
In Ontario |
10. Paragraph 17(a) of the Regulations is replaced by the following:
(a) prohibit the movement of any vessel or direct it to move as specified by the enforcement officer;
11. Item 28 of Part 6 of Schedule 2 to the Regulations is replaced by the following:
|
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
|
28. |
De la Héronnière Lake |
Lac Solbec |
45°49′12″ 71°16′20″ |
12. Item 5 of Part 5 of Schedule 3 to the Regulations is replaced by the following:
|
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
|
5. |
Des Sources Lake |
Lac des Sources |
46°33′23″ 75°34′44″ |
13. Item 19 of Part 5 of Schedule 3 to the Regulations is replaced by the following:
|
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
|
19. |
Morelle Lake |
Lac Morelle |
45°59′48″ 74°06′29″ |
14. Item 169 of Part 5 of Schedule 3 to the Regulations is replaced by the following:
|
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
|
169. |
Jally Lake |
Lac Jally |
46°46′03″ 70°16′23″ |
15. Item 191 of Part 5 of Schedule 3 to the Regulations is replaced by the following:
|
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
|
191. |
À Breen Lake |
Lac Brême |
45°40′24″ 76°17′02″ |
16. Schedule 5 to the Regulations is amended by replacing “ (Subsection 2(5), subparagraph 2(8)(b)(ii) and subsections 11(3) and 12(2)) ” after the heading “SCHEDULE 5” with “ (Subsection 2(5) and subparagraph 2(8)(b)(ii)) ”.
17. The portion of item 27 of Part 6 of Schedule 5 to the Regulations in columns 1 and 2 is replaced by the following:
|
Item |
Column 1 |
Column 2 |
|---|---|---|
|
27. |
Dumbell Lake |
Lac Dumbell |
18. The portion of item 31 of Part 6 of Schedule 5 to the Regulations in column 1 is replaced by the following:
|
Item |
Column 1 |
|---|---|
|
31. |
À la Ligne Lake |
19. The portion of item 49 of Part 6 of Schedule 5 to the French version of the Regulations in column 1 is replaced by the following:
|
Article |
Colonne 1 |
|---|---|
|
49. |
Petit lac Flood |
20. Schedule 6 to the Regulations is amended by replacing “ (Subsection 2(5), subparagraph 2(8)(b)(ii) and subsections 11(3) and 12(2)) ” after the heading “SCHEDULE 6” with “ (Subsection 2(5) and subparagraph 2(8)(b)(ii)) ”.
21. The portion of items 50 to 53 of Part 3 of Schedule 6 to the Regulations in column 3 is replaced by the following:
|
Item |
Column 3 |
|---|---|
|
50. |
46°03′36″ 74°22′30″ |
|
51. |
46°03′36″ 74°22′30″ |
|
52. |
46°03′36″ 74°22′30″ |
|
53. |
46°03′36″ 74°22′30″ |
22. The portion of item 75 of Part 3 of Schedule 6 to the Regulations in column 3 is replaced by the following:
|
Item |
Column 3 |
|---|---|
|
75. |
45°57′50″ 74°17′40″ |
23. The portion of item 78 of Part 3 of Schedule 6 to the Regulations in column 3 is replaced by the following:
|
Item |
Column 3 |
|---|---|
|
78. |
45°57′50″ 74°17′40″ |
24. Item 92 of Part 3 of Schedule 6 to the Regulations is repealed.
25. Item 200 of Part 3 of Schedule 6 to the Regulations is replaced by the following:
|
Item |
Column 1 |
Column 2 |
Column 3 |
Column 4 |
|---|---|---|---|---|
|
200. |
Saint-Georges Lake |
45°38′42″ 71°52′58″ |
10 |
26. Note 4 of Part 3 of Schedule 6 to the Regulations is replaced by the following:
Note 4: This restriction does not apply to a vessel following a course away from and perpendicular to the shore while it is being used to tow a person on water skis or on any other sporting or recreational equipment.
27. The heading of Schedule 7 to the Regulations is replaced by the following:
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
28. Item 8 of Part 5 of Schedule 7 to the Regulations is replaced by the following:
|
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
|
8. |
Morelle Lake |
45°59′48″ 74°06′29″ |
29. The portion of item 51 of Part 5 of Schedule 7 to the Regulations in column 3 is replaced by the following:
|
Item |
Column 3 |
|---|---|
|
51. |
46°03′36″ 74°22′30″ |
30. Schedule 8 to the Regulations is amended by replacing “ (Subsections 11(1) and (2) and 12(1)) ” after the heading “SCHEDULE 8” with “ (Subsections 11(1) and (2)) ”.
31. The heading of Schedule 8 to the Regulations is replaced by the following:
WATERS IN WHICH A SPORTING, RECREATIONAL OR PUBLIC EVENT OR ACTIVITY IS PROHIBITED
32. Item 7 of Part 3 of Schedule 8 to the Regulations is replaced by the following:
|
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
|
7. |
Morelle Lake |
Lac Morelle |
45°59′48″ 74°06′29″ |
33. The portion of item 55 of Part 3 of Schedule 8 to the Regulations in column 3 is replaced by the following:
|
Item |
Column 3 |
|---|---|
|
55. |
46°03′36″ 74°22′30″ |
COMING INTO FORCE
34. These Regulations come into force on the day on which they are registered.
[41-1-o]
Footnote a
S.C. 2005, c. 29, s. 18
Footnote b
S.C. 2001, c. 26
Footnote 1
SOR/2008-120
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