Vol. 143, No. 44 — October 31, 2009

Regulations Amending the Private Buoy Regulations

Statutory authority

Canada Shipping Act, 2001

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Private Buoy Regulations (the Regulations) are being amended to reflect the transfer of authority for the Regulations from the Minister of Fisheries and Oceans to the Minister of Transport in 2004.

Description and rationale

The Regulations provide the authority that governs the placement requirements of private buoys in Canadian waters. The Regulations do not apply to a buoy that is owned by the federal government, a provincial government, or a government agency.

The Regulations provide the Minister of Fisheries and Oceans with the authority to remove any buoy that does not comply with the Regulations (i.e. that interferes with or is likely to interfere with the navigation of any vessel or that misleads, or is likely to mislead the operator of any vessel).

However, the Regulations do not reflect the transfer of authority to the Minister of Transport made through Order in Council P.C. 2004-322, dated March 29, 2004 (SI/2004-35).

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

No formal consultations have been undertaken as the proposed amendments to the Regulations are administrative in nature.

Contact

Viki-Marie Di Censo
Navigable Waters Protection Program
Transport Canada, Marine Safety
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N8
Telephone: 613-990-5891
Fax: 613-990-8745
Email: viki-marie.dicenso@tc.gc.ca

PROPOSED REGULATORY TEXT

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 Private Buoy Regulations.

Interested persons may make representations to the Minister of Transport, Infrastructure and Communities with respect to the proposed Regulations within 30 days after the date of publication of this notice. All representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Tia M. McEwan, Manager, Regulatory Affairs, Marine Safety, Transport Canada, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8 (tel.: 613-998-5352; fax: 613-991-5670; e-mail: tia.mcewan@tc.gc.ca).

Ottawa, October 22, 2009

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE PRIVATE BUOY REGULATIONS

AMENDMENTS

1. Section 5 of the Private Buoy Regulations (see footnote 1) is replaced by the following:

5. If there is a need for increased visibility or better identification of a buoy for safety and the prevention of accidents, the Minister of Transport may order the owner of the buoy to modify it according to the requirements set out in the Procedures Manual for Design and Review of Short-range Aids to Navigation Systems (TP 9677), published in March 1989 by the Canadian Coast Guard, as amended from time to time.

2. Section 7 of the Regulations is replaced by the following:

7. The Minister of Transport may remove from any Canadian waters a private buoy that does not comply with these Regulations.

COMING INTO FORCE

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

[44-1-o]

Footnote a
S.C. 2005, c. 29, s. 18

Footnote b
S.C. 2001, c. 26

Footnote 1
SOR/99-335

NOTICE:
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