Vol. 144, No. 18 — May 1, 2010

Regulations Amending the Vessel Operation Restriction Regulations

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 navigation or to protect the environment or the public interest.

Description: The proposed Regulations Amending the Vessel Operation Restriction Regulations include

• the appointment of peace officers in Leduc County in Alberta to ensure compliance with the Regulations;
• changes to a restriction in Burton Lake in Saskatchewan, which would allow the use of electric motors, in order to improve access to the lake for recreational purposes; and
• improvements to the enforceability of the Regulations by making corrections to existing restrictions on 17 waterbodies in the province of Quebec.

Cost-benefit statement: The proposed amendments would result in virtually no costs to consumers or businesses. The benefits of the proposed amendments include improvements to the enforceability of the Regulations and increased recreational access to Burton Lake, Saskatchewan.

Business and consumer impacts: There are no significant impacts to businesses or consumers.

Domestic and international coordination and cooperation: The proposed amendments 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 changes set out in the proposed amendments are being made as a result of evaluations of the effectiveness of the Regulations, which showed where improvements in the regulatory regime were necessary. The effectiveness of the proposed amendments will continue to be monitored over the long term 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 or amend restrictions on navigation in order to enhance the safety of navigation or to protect the environment or the public interest.

Amendments to the Regulations are being proposed in response to requests from several municipalities and other local authorities. The proposed measures include the appointment of peace officers in Leduc County in Alberta to ensure compliance with the Regulations, changes to a restriction in Burton Lake in Saskatchewan, and improvements to the enforceability of the Regulations by making corrections to existing restrictions in the province of Quebec.

Objectives

The objectives of the proposed amendments are threefold:

• To correct errors and thus more clearly specify the bodies of water affected by the Regulations;
• To ensure that, where conditions warrant, the Regulations are amended so they are no more stringent than is necessary to enhance the safety of navigation or to protect the environment or the public interest; and
• To provide relevant and practical methods of ensuring compliance.

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.

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 waters; restrictions on the mode of propulsion used, maximum engine power or speed limits; and prohibitions on recreational towing (e.g. water-skiing) activities. The Schedules to the Regulations 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).

The proposed Regulations contain a number of miscellaneous amendments:

Amendment proposed for Alberta

Leduc County, Alberta, has requested that peace officers employed by the county be added to the list of persons authorized to ensure compliance with the Regulations. Due to the high volume of recreational boaters on Pigeon Lake, Wizard Lake and Coal Lake, and along the North Saskatchewan River, the appointment of these peace officers would assist in maintaining and promoting the safe operation of vessels in the area.

Amendment proposed for Saskatchewan

The City of Humboldt, Saskatchewan, has requested an amendment to the existing restriction on Burton Lake. Currently, the operation of power-driven vessels and vessels propelled by electric motors is prohibited on Burton Lake. The City of Humboldt has requested that the restriction be amended to allow the use of electric motors. Burton Lake was originally used as a reservoir by the City of Humboldt but is no longer used for that purpose. Stocked annually with fish by the local Wildlife Federation, Burton Lake is used primarily for sport fishing. This amendment is being sought to allow greater access to the waterway for sport fishing and other recreational purposes while still maintaining the necessary levels of public safety.

Amendments proposed for Quebec

It is proposed that three restrictions be repealed as they are duplicated elsewhere within the Regulations:

• In Schedule 6 to the Regulations, the speed limit in De l’Achigan Lake, in the municipality of Saint-Hippolyte, is 10 km/h within 75 m of shore, and 70 km/h in the remainder of the lake. However, an older speed limit of 67 km/h for the entire lake is found in Schedule 5. This speed limit should have been repealed when the two new speed limits were added to Schedule IV.1 in the previous Boating Restriction Regulations made under the former Canada Shipping Act. It is now proposed to repeal the speed limit set out in Schedule 5 to eliminate the conflict.
• In Schedule 8, identical prohibitions on water-skiing on De l’Achigan Lake appear as items 27 and 75. Also, identical prohibitions on water skiing on Masson Lake, in the municipality of Sainte-Marguerite-du-Lac-Masson, appear as items 1 and 22. It is therefore proposed to repeal items 22 and 75 in order to eliminate the duplication.

In the municipality of Fossambault-sur-le-Lac, two lakes identified in the Regulations as “unnamed lake” are actually named “Du Grand Héron Lake” and “Saint-Joseph Lake” in the Répertoire toponymique du Québec. Similarly, “North Lake” in the municipality of Estérel is properly named “Du Nord Lake”. It is therefore proposed to correct these entries in the Schedules to the Regulations. Also, the local name of “Du Grand Héron Lake” was improperly identified as “Lac à la Vase”, a name which has not been in use in the area for several decades. Therefore, it is proposed that “Lac du Grand Héron” be listed as the local name. Updates are also proposed to the levels of precision in which the geographic coordinates are given, in order to make them consistent with the Répertoire toponymique du Québec.

“Maple Lake”, in the municipality of Wentworth-Nord, is currently listed in Schedule 3 as “Vert Lake”. However, after it was first entered into the Schedule, the name was officially changed to “Maple Lake” and appears in the Répertoire toponymique du Québec as such. Consequently, it is proposed to amend Schedule 3 to reflect this change, and updates are proposed to the manner in which its geographical coordinates are given.

The “Plage Tiffany River” is identified as a restricted water body in Schedule 2. However, “Plage Tiffany River” is simply a local name for an unnamed watercourse that flows into Lac Brome, in the Municipality of Lac-Brome, a fact that was not included in the description of the regulated waters. This might cause confusion in the minds of boaters because the water body is not identified by name in any official maps. Therefore, it is proposed to add the words “between its mouth in Brome Lake” to the description of the regulated waters.

Changes are proposed to correct the spelling of the following lakes in the province of Quebec to be in accordance with the Répertoire toponymique du Québec or the Gazetteer of Canada, as applicable, and updates are proposed to the manner in which their geographical coordinates are given. Thus, it is proposed to change

• Des Sitelles Lake, in the municipality of Austin, to Des Sittelles Lake;
• Bouthiller Lake, in the municipality of Sainte-Adèle, to Bouthillier Lake;
• Beaudrias Lake, in the municipality of Sainte-Marguerite-du-lac-Masson, to Beaudria Lake;
• Pinsonneault Lake, in the municipality of Sainte-Adèle, to Pinsonnault Lake;
• Valiquette Lake, in the municipality of Kiamika, to Valiquet Lake; and
• Mallone Lake, in the municipality of Lac-du-Cerf, to Mallonne Lake.

It is proposed to amend the geographical coordinates of the following waters, so as to be in accordance with the Répertoire toponymique du Québec or the Gazetteer of Canada, as applicable:

• L’Assomption River, in the municipality of Wentworth-Nord, and the specific waters within the river that are subject to the Regulations;
• Melançon Lake, in the municipality of Sainte-Anne-des-Lacs;
• Masson Lake, in the municipality of Sainte-Marguerite-du-Lac-Masson;
• Gagnon Lake, in the municipality of Val-Des-Lacs; and
• a second Gagnon Lake, in the municipality of Duhamel.

Regulatory and non-regulatory options considered

These proposed amendments are intended to provide greater clarity through the correction of errors, to increase the capability to ensure compliance within the province of Alberta, and to enable greater recreational access to a lake in Saskatchewan. In all of those instances, there appear to be only two alternatives or options: amending the Regulations or maintaining status quo.

With respect to Burton Lake, Saskatchewan, the City of Humboldt took the position that since it was no longer necessary to prohibit electrically propelled vessels on Burton Lake, the status quo was not acceptable, and a regulatory amendment was necessary.

The same applies to the listing of Leduc County peace officers to ensure compliance with the Regulations, which by necessity requires a regulatory amendment.

Similarly, there was no reasonable alternative to the correction of information in the Schedules pertaining to the existing restrictions in Quebec. These amendments are being proposed to remove uncertainty and to ensure the enforceability of the Regulations.

Benefits and costs

The proposed amendments will result in no anticipated costs to industry, recreational users and government. 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 in the case of Leduc County peace officers.

Costs to users will be minimal. The change to the vessel prohibitions on Burton Lake will allow for the use of vessels driven by electrical propulsion and will have a positive effect in attracting more recreational users, and possibly creating new opportunities associated with the allowance of electrically powered vessels. Neither the appointment of Leduc County peace officers, nor the minor corrections being made in the province of Quebec have any apparent or substantive impacts to businesses.

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

The only new restriction being proposed through additions to the Schedules is the change to allow the use of electrically propelled vessels on Burton Lake. Consultations over this amendment have been conducted by the applicant and were without controversy or opposition. The City of Humboldt and the local Humboldt Wildlife Federation coordinated a public consultation meeting. Local, regional and national user groups as well as local aboriginal organizations and First Nations were provided an opportunity to attend and comment. The City of Humboldt received full support from the community in regards to this application. The City has not received any concerns over the past two years regarding this application.

The corrections to restrictions in the province of Quebec were, in most cases, requested by the responsible local authority and are simply being made in order that the information in the Schedules is accurate and reflects the information already set out in the Répertoire toponymique du Québec or Gazetteer of Canada, as applicable. Overall, the proposal appears to be non-controversial and is supported by stakeholder groups.

Implementation, enforcement and service standards

Section 138 of the Canada Shipping Act, 2001 provides for maximum fines upon summary conviction of $100,000 or one year imprisonment, or both, for contraventions of these Regulations. Enforcement is by way of summary conviction, or by way of ticketing under the Contraventions Act.

The Vessel Operation Restriction Regulations specify the classes of persons who are entitled to ensure compliance with the Regulations. These classes 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 ensuring compliance with those restrictions and have guaranteed that they will conduct compliance activities and maintain the required signage.

Since the philosophy behind the Regulations is one of partnership between federal, provincial and municipal governments through an existing program, TC staff provides an ongoing program of 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 the Canada Gazette, Part II, the local authority responsible for that restriction is authorized by the Minister of Transport to erect signs.

TC 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, which 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 largely a result of this continued process of evaluation of the effectiveness of the regulatory regime.

Contact

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 0N5
Telephone: 613-998-8207
Fax: 613-991-5670
Email: kevin.monahan@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 Vessel Operation Restriction Regulations.

Interested persons may make representations to the Minister of Transport concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must be in writing and must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Kevin Monahan, Project Manager, Regulatory Affairs 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; email: kevin.monahan@ tc.gc.ca).

Ottawa, April 22, 2010

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE VESSEL OPERATION RESTRICTION REGULATIONS

AMENDMENTS

1. The table to section 16 of the Vessel Operation Restriction Regulations (see footnote 1) is amended by adding the following after item 22:

Item	Column 1 Persons or classes of persons	Column 2 Geographic location, if applicable
23.	A peace officer appointed under section 7 of Alberta’s Peace Officer Act, S.A. 2006, c. P-3.5, and employed by Leduc County, Alberta

2. Item 5 of Part 5 of Schedule 2 to the Regulations is repealed.

3. The portion of item 6 of Part 6 of Schedule 2 to the Regulations in column 1 is replaced by the following:

Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description
6.	That part of the river known locally as the Rivière Plage Tiffany, between its mouth in Brome Lake and a point upstream at 45°15′ 72°28′

4. Items 10 to 14 of Part 6 of Schedule 2 to the Regulations are 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)
10.	Du Grand Héron Lake	Lac du Grand Héron	46°54′10 71°37′00″
11.	That part of Saint-Joseph Lake between the shore and a line drawn between points at 46°52′25″ 71°37′13″ and 46°52′27″ 71°37′04″	Lac Saint-Joseph	46°54′50″ 71°38′39″
12.	That part of Saint-Joseph Lake between the shore and a line drawn between points at 46°52′37″ 71°36′52″ and 46°52′59″ 71°36′52″	Lac Saint-Joseph	46°54′50″ 71°38′39″
13.	That part of Saint-Joseph Lake between the shore and a line drawn between points at 46°54′11″ 71°37′23″ and 46°54′17″ 71°37′26″	Lac Saint-Joseph	46°54′50″ 71°38′39″
14.	That part of Saint-Joseph Lake between the shore and a line drawn between points at 46°52′23″ 71°37′23″ and 46°52′24″ 71°37′10″	Lac Saint-Joseph	46°54′50″ 71°38′39″

5. Item 10 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)
10.	Des Sittelles Lake	Lac des Sittelles	45°14′46″ 72°16′07″

6. Item 29 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)
29.	Bouthillier Lake	Lac Bouthillier	45°57′19″ 74°12′46″

7. Item 37 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)
37.	Beaudria Lake	Lac Beaudria	45°59′49″ 74°04′22″

8. Item 154 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)
154.	Pinsonnault Lake	Lac Pinsonnault	45°57′52″ 74°04′57″

9. Item 217 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)
217.	Maple Lake	Lac Vert	45°51′03″ 74°30′20″

10. The portion of item 226 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)
226.	45°50′12″ 74°06′10″

11. The portion of item 231 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)
231.	46°10′33″ 74°20′37″

12. Part 6 of Schedule 3 to the Regulations is amended by adding the following after item 11:

Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Local Name	Column 3 Location Reference (Gazetteer of Canada Reference System)
12.	Burton Lake		52°16′ 105°07′

13. The portion of item 4 of Part 6 of Schedule 5 to the Regulations in column 3 is replaced by the following:

Item	Column 3 Location Reference (Gazetteer of Canada Reference System)
4.	46°01′53″ 74°03′29″

14. Item 5 of Part 6 of Schedule 5 to the Regulations is replaced by the following:

Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Local Name	Column 3 Location Reference (Gazetteer of Canada Reference System)	Column 4 Maximum Speed in km/h Over the Ground
5.	Within 60 m of the shore of Du Nord Lake	Baie North	46°03′21″ 74°01′46″	6

15. Item 8 of Part 6 of Schedule 5 to the Regulations is replaced by the following:

Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Local Name	Column 3 Location Reference (Gazetteer of Canada Reference System)	Column 4 Maximum Speed in km/h Over the Ground
8.	Under the bridge between Du Nord Lake and Masson Lake and 120 m on either side of the bridge		46°03′21″ 74°01′46″	6

16. Item 16 of Part 6 of Schedule 5 to the Regulations is replaced by the following:

Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Local Name	Column 3 Location Reference (Gazetteer of Canada Reference System)	Column 4 Maximum Speed in km/h Over the Ground
16.	Valiquet Lake	Lac Valiquet	46°22′00″ 75°26′00″	25

17. Item 64 of Part 6 of Schedule 5 to the Regulations is repealed.

18. Item 60 of Part 3 of Schedule 6 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)	Column 4 Maximum Speed in km/h Over the Ground
60.	L’Assomption River between points at coordinates 46°01′32″ 73°26′08″ and 46°03′00″ 73°28′00″	Rivière L’Assomption	45°42′52″ 73°28′51″	25

19. The portion of item 83 of Part 3 of Schedule 6 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.	Mallonne Lake outside the zone described in item 88	Lac Mallonne

20. The portion of item 88 of Part 3 of Schedule 6 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
88.	Within 60 m of the shore of Mallonne Lake	Lac Mallonne

21. The portion of item 192 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)
192.	46°10′33″ 74°20′37″

22. Items 4 and 5 of Part 5 of Schedule 7 to the Regulations are 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)
4.	Within 60 m of the shore of Masson Lake		46°02′33″ 74°02′06″
5.	Du Nord Lake		46°03′21″ 74°01′46″

23. Item 19 of Part 5 of Schedule 7 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)
19.	Bouthillier Lake		45°57′19″ 74°12′46″

24. The portion of item 1 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)
1.	46°02′33″ 74°02′06″

25. Item 2 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)
2.	Du Nord Lake	Baie North	46°03′21″ 74°01′46″

26. Item 18 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)
18.	Bouthillier Lake	Lac Bouthillier	45°57′19″ 74°12′46″

27. Item 22 of Part 3 of Schedule 8 to the Regulations is repealed.

28. The portion of item 62 of Part 3 of Schedule 8 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
62.	Mallonne Lake	Lac Mallonne

29. Item 75 of Part 3 of Schedule 8 to the Regulations is repealed.

30. The portion of item 79 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)
79.	46°06′33″ 75°07′37″

COMING INTO FORCE

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

[18-1-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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