Regulations Amending the Vessel Operation Restriction Regulations: SOR/2020-252

Canada Gazette, Part II, Volume 154, Number 25

Registration
SOR/2020-252 November 23, 2020

CANADA SHIPPING ACT, 2001

P.C. 2020-910 November 20, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 136(1)^{footnote a} and section 207^{footnote b} of the Canada Shipping Act, 2001^{footnote c}, makes the annexed Regulations Amending the Vessel Operation Restriction Regulations.

Regulations Amending the Vessel Operation Restriction Regulations

Amendments

1 Subsection 2(3) of the Vessel Operation Restriction Regulations^{footnote 1} is replaced by the following:

(3) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion that has an aggregate maximum power greater than 7.5 kW in any of the waters described in Schedule 3, except as indicated in that Schedule.

2 Subsection 9(1) of the Regulations is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

(g) the symbol shown under letter E.1 of Table 1 to Schedule 9, consisting of a propeller superimposed by an electrical plug, placed above the symbol consisting of a number shown under letter A of Table 1 to Schedule 9 that is placed above the expression “MAX kW” shown under letter F of that Table, indicates that no vessel driven by electrical propulsion that has an aggregate maximum engine power that exceeds the power in kilowatts represented by that number shall be operated on the waters in respect of which the sign has been placed.

3 The portion of item 10 of Part 3 of Schedule 2 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Specific Location
10	48°23′56″ 89°15′49″ to 48°23′59″ 89°13′06″

4 The portion of item 13 of Part 3 of Schedule 2 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 3 Location Reference (Gazetteer of Canada Reference System)
13	Burnt Lake (locally known as Joselin Lake), Seguin Twp, Parry Sound District (see Note 1)	45°13′46″ 79°50′21″

5 The portion of item 4 of Part 5 of Schedule 2 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 3 Location Reference (Gazetteer of Canada Reference System)
4	That reach of the South Saskatchewan River between 52°07′14″ 106°40′17″ and 52°05′54″ 106°41′36″	52°07′14″ 106°40′17″ to 52°05′54″ 106°41′36″

6 The portion of item 1 of Part 6 of Schedule 2 to the Regulations in column 3 is replaced by the following:
Item	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
1	45°55′32″ 74°14′49″

7 The portion of item 16 of Part 6 of Schedule 2 to the Regulations in column 3 is replaced by the following:
Item	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
16	46°07′26″ 74°11′00″

8 The portion of item 19 of Part 6 of Schedule 2 to the Regulations in column 3 is replaced by the following:
Item	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
19	45°53′24″ 74°14′32″

9 The portion of item 20 of Part 6 of Schedule 2 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
20	Franc Lake	45°55′12″ 74°16′39″

10 The portion of item 26 of Part 6 of Schedule 2 to the Regulations in column 3 is replaced by the following:
Item	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
26	49°52′00″ 77°26′47″

11 (1) The portion of items 124 and 125 of Part 1 of Schedule 3 to the French version of the Regulations in column 1 is replaced by the following:
Article	Colonne 1 Nom indiqué dans le Répertoire géographique du Canada ou description
124	Lac One
125	Lac Two

(2) The portion of item 125 of Part 1 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item	Column 4 Location Reference (Gazetteer of Canada Reference System)
125	52°16′55.4″ 123°32′45.0″

12 The portion of item 6 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)
6	46°33′14″ 75°36′31″

13 The portion of item 7 of Part 5 of Schedule 3 to the Regulations in columns 2 and 3 is replaced by the following:
Item	Column 2 Local Name	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
7	Lac René	46°37′41″ 75°41′19″

14 The portion of item 8 of Part 5 of Schedule 3 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
8	Clair Lake	46°37′34″ 75°42′48″

15 Item 9 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)
9	Du Portage Lake	Lac du Portage	46°38′07″ 75°42′05″

16 The portion of item 15 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)
15	45°14′55″ 72°20′33″

17 The portion of item 16 of Part 5 of Schedule 3 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
16	Libby Lake	45°16′35″ 72°22′05″

18 The portion of item 60 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)
60	46°03′01″ 74°09′38″

19 Item 108 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)
108	Moffatt Lake	Lac Moffatt	45°34′03″ 71°18′48″

20 The portion of item 171 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)
171	46°10′35″ 74°19′13″

21 The portion of item 203 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)
203	45°46′25″ 74°20′08″

22 The portion of item 205 of Part 5 of Schedule 3 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
205	Petite Décharge River, on a section 5 km in length from the mouth of the Bédard River at a point at coordinates 48°33′37″ 71°43′02″ downstream to the dam at Sainte-Anne Island at a point at coordinates 48°33′19″ 71°39′35″	48°33′37″ 71°43′02″ to 48°33′19″ 71°39′35″

23 The portion of item 232 of Part 5 of Schedule 3 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
232	Du Rocher Lake	46°14′24″ 74°19′59″

24 The portion of items 17 and 18 of Part 1 of Schedule 4 to the Regulations in column 3 is replaced by the following:
Item	Column 3 Location Reference (Gazetteer of Canada Reference System)
17	50°12′29″ 125°12′00″
18	50°11′44.6″ 125°11′04.2″

25 The portion of item 28 under the heading “Georgian Bay Area” of Part 2 of Schedule 6 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 3 Location Reference (Gazetteer of Canada Reference System)
28	That part of Georgian Bay on the western shore of Tiny Township from Concession 1 (Eastdale Road) to Concession 16 (Lafontaine Road), extending 300 m from the shore, enclosed within the coordinates described in column 2	44°38′00″ 80°00′00″

26 The portion of item 2 under the heading “Chatham Area” of Part 2 of Schedule 6 to the Regulations in columns 1 to 3 is replaced by the following:
Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
2	That part of the Ausable River from the mouth of the harbour to the walking path that intersects with Pinedale Road	43°19′00″ 81°46′38″ to 43°17′49″ 81°46′22″	43°18′48″ 81°46′15

27 The portion of item 14 under the heading “Chatham Area” of Part 2 of Schedule 6 to the Regulations in columns 2 and 3 is replaced by the following:
Item	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
14	42°00′43″ 82°47′26″ to 42°00′41″ 82°47′00″	42°00′41″ 82°47′17″

28 The portion of item 15 under the heading “Chatham Area” of Part 2 of Schedule 6 to the Regulations in columns 1 to 3 is replaced by the following:
Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
15	That part of Cedar Creek from its intersection with Heritage Road, eastward to its intersection with 3rd Boulevard on Cedar Island Drive and the channel between Heritage Road and Cedar Island Road that leads to the public boat ramp from that creek in the Town of Kingsville	42°00′42″ 82°46′52″ to 42°00′49″ 82°46′35″ and 42°00′45″ 82°46′47″ to 42°00′53″ 82°46′42″	42°00′44″ 82°46′46″

29 The portion of item 8 under the heading “Muskoka-Parry Sound Area” of Part 2 of Schedule 6 to the Regulations in columns 1 to 3 is replaced by the following:
Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
8	That part of the South Branch Muskoka River from its junction with the North Branch Muskoka River to the northern boundary of Concession 3 of the Township of McLean except for that part of the river known locally as Orillia Lake (Orillia Lake location is from Matthiasville Dam upstream to the easterly boundary of Lot 25, Concession 8, Draper Township)	45°01′53.7″ 79°18′46.9″ to 45°07′06.09″ 79°07′17.70″	45°02′01″ 79°18′49″

30 The portion of item 3 under the heading “London Area” of Part 2 of Schedule 6 to the Regulations in columns 1 to 3 is replaced by the following:
Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
3	That part of Kettle Creek from the King George Bridge north to the Warren Street Bridge in Port Stanley, Southwold Township, Elgin County	42°39′55″ 81°12′50″ to 42°40′30″ 81°13′15″	42°40′13″ 81°12′51″

31 The portion of item 1 under the heading “Niagara-Simcoe Area” of Part 2 of Schedule 6 to the Regulations in columns 1 to 3 is replaced by the following:
Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
1	That part of Big Creek in Norfolk County from the mouth of the creek at Long Point Bay in Norfolk County upstream to the creek’s intersection with Highway 59, just south of 8th Concession Road	42°35′45″ 80°27′13″ to 42°41′46″ 80°32′27″	42°36′08″ 80°26′58″

32 The portion of item 6 under the heading “Lake Simcoe and Surrounding Area” of Part 2 of Schedule 6 to the Regulations in columns 1 to 3 is replaced by the following:
Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 2 Specific Location	Column 3 Location Reference (Gazetteer of Canada Reference System)
6	Pefferlaw Brook in the Town of Georgina, from its mouth to the bridge at Highway 48	44°20′24″ 79°13′05″ to 44°19’50.29″ 79°13’04.20″	44°20’02″ 79°13’11″

33 The portion of item 61 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)
61	45°38′53″ 75°38′36″

34 The portion of items 68 to 73 of Part 3 of Schedule 6 to the Regulations in columns 1 to 3 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)
68	The St. Lawrence River between the points at coordinates 45°34′59″ 73°28′29″ and 45°39′06″ 73°27′08″ lying south of the Boucherville Islands, outside the zones described in items 69 and 70	Chenal du Sud	45°34′59″ 73°28′29″ to 45°39′06″ 73°27′08″
69	The St. Lawrence River within 50 m of the shoreline to the south of the Boucherville Islands between the points at coordinates 45°34′59″ 73°28′29″ and 45°39′06″ 73°27′08″	Chenal du Sud	45°34′59″ 73°28′29″ to 45°39′06″ 73°27′08″
70	The St. Lawrence River within 100 m of the shoreline to the north of the City of Boucherville between the points at coordinates 45°34′59″ 73°28′29″ and 45°39′06″ 73°27′08″	Chenal du Sud	45°34′59″ 73°28′29″ to 45°39′06″ 73°27′08″
71	That part of the St. Lawrence River known as La Grande Rivière between Saint-Jean Island and Sainte-Marguerite Island between the points at coordinates 45°35′13″ 73°29′24″ and 45°36′20″ 73°27′44″	Grande Rivière	45°35′13″ 73°29′24″ to 45°36′20″ 73°27′44″
72	That part of the St. Lawrence River known as Bras Nord de la Grande Rivière between Saint-Jean Island and À Pinard Island between the points at coordinates 45°36′01″ 73°28′59″ and 45°36′04″ 73°28′14″	Bras Nord de la Grande Rivière	45°36′01″ 73°28′59″ to 45°36′04″ 73°28′14″
73	That part of the St. Lawrence River known as La Passe between De la Commune Island and Grosbois Island between the points at coordinates 45°37′08″ 73°28′24″ and 45°37′07″ 73°27′45″	La Passe	45°37′08″ 73°28′24″ to 45°37′07″ 73°27′45″

35 The portion of item 90 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)
90	46°44’52″ 71°23’40″

36 The portion of items 135 and 136 of Part 3 of Schedule 6 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
135	Viceroy Lake, outside the zone described in item 136	45°50′52″ 75°06′19″
136	Viceroy Lake, within 70 m of its shoreline, excluding the Saint-Pierre Bay Narrows (see Note 2)	45°50′52″ 75°06′19″

37 The portion of item 167 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)
167	46°52′00″ 77°26′47″

38 The portion of item 294 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)
294	46°25′00″ 75°13′52″

39 The portion of item 299 of Part 3 of Schedule 6 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
299	Des Ratons Lake	46°17’50″ 75°26’00″

40 The portion of item 336 of Part 3 of Schedule 6 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Répertoire toponymique du Québec or Description	Column 3 Location Reference (Répertoire toponymique du Québec Reference System)
336	Massawippi River, between a point located at the mouth of that river at coordinates 45°16′33.25″ 71°58′23.09″ and a point upstream at coordinates 45°16′58.18″ 71°57′47.86″	45°16’33.25″ 71°58’23.09″ to 45°16’58.18″ 71°57’47.86″

41 The portion of item 9 of Part 4 of Schedule 6 to the Regulations in columns 1 and 3 is replaced by the following:
Item	Column 1 Name Given by the Gazetteer of Canada or Description	Column 3 Location Reference (Gazetteer of Canada Reference System)
9	That portion of the South Saskatchewan River between 52°07′14″ 106°40′17″ and 52°05′54″ 106°41′36″ and within 30 m of the eastern bank	52°07′14″ 106°40′17″ to 52°05′54″ 106°41′36″

42 The portion of item 58 of Part 3 of Schedule 8 to the Regulations in column 3 is replaced by the following:
Item	Column 3 Location Reference (Gazetteer of Canada Reference System)
58	45°38′53″ 75°38′36″

43 Table 1 of Schedule 9 to the Regulations is amended by adding the following after symbol E:

E.1 contains a propeller symbol superimposed by an electric plug with a lightning bolt on it.

Coming into Force

44 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.)

Issues

Schedule 3 to the Vessel Operation Restriction Regulations (the Regulations) lists waters where power-driven vessels are prohibited. This schedule, however, does not include restrictions on the use of electric motors. Significant advances in technology have increased the power of electric motors on vessels, rendering them capable of performing a variety of different activities, including recreational towing. These advances in technology on electric motors have made it necessary to regulate their use on specified waters.

In addition, while administering the Regulations, and in consultation with local authorities and the Standing Joint Committee for the Scrutiny of Regulations (SJCSR), errors in geographical coordinates were identified in the text of the Regulations that are corrected through the amendments.

Background

Pursuant to the Regulations, Transport Canada (TC) is responsible for regulating boating activities and navigation on Canadian waters to enhance the safety of navigation, to protect the public interest and to protect the environment. Under its mandate, TC receives and responds to requests made by local authorities to enforce restrictions through the Regulations. Such restrictions can include prohibitions with respect to access to specified waters by vessels or classes of vessels; restrictions on the mode of propulsion used; maximum engine power or speed limits; and prohibitions on recreational towing (e.g. water-skiing) activities. These restrictions are set out in the schedules to the Regulations. The schedules 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).

In April 2008, following the coming into force of the Canada Shipping Act, 2001^{footnote 2} (CSA 2001), the Regulations replaced the old Boating Restriction Regulations (BRRs). When the BRRs were first enacted in June 1972, the restrictions were based on traditional electric trolling motors, with a power limit of approximately 1.5 kilowatt (kW). When the Regulations entered into force in 2008, Schedule 3 to the Regulations (Waters on Which Power-driven Vessels Are Prohibited) included restrictions to prohibit power-driven vessels on certain bodies of water, while still enabling the use of traditional electric trolling motors. Traditional electric trolling motors were not a concern because they were not powerful enough to enable the user to undertake recreational towing activities.

Objective

The objectives of the amendments are to ensure safety and to keep up with advances in technology by including a maximum 7.5 kW aggregate power for electric motors on vessels in waters where power-driven vessels are prohibited (Schedule 3). The amendments also assist in the maintenance of an effective enforcement regime, promote the viable and effective use of Canadian waters, and increase safety for all boaters. The amendments will also ensure the most reliable and up-to-date information is contained within the Regulations.

Description

The amendments will make a change to subsection 2(3) of the Regulations to include a maximum kilowatt aggregate power of 7.5 kW for electric motors when used in the waters identified in Schedule 3. This change will only apply to those areas where regulatory restrictions already exist.

The 7.5 kW aggregate maximum power level is greater than the traditional electric power level of a trolling motor (usually 1.5 kW), on which the restrictions in the Regulations were originally based. Having a 7.5 kW maximum power level is appropriate as it is generally aligned with the same power level limits for gas-powered engines in the Regulations where restrictions occur (e.g. 7.5 kW is equivalent to 10 horsepower [hp]). The amendment will still allow for vessels with electric motors to operate on the waters identified in Schedule 3, but it will also ensure that those vessels do not have electric motors on board that would give them the ability to undertake recreational towing activities where such activities are otherwise prohibited for power-driven vessels.

In addition, an amendment to subsection 9(1) will be made to add the kilowatt power limit to the signage requirements. These changes will bring the Regulations in line with the original intent of the restrictions, which is to prohibit powered vessel activities (such as recreational towing) for those bodies of water included in Schedule 3 to the Regulations.

The amendments will also update the geographical coordinates for 2 bodies of water in Saskatchewan; 10 bodies of water in Ontario; 31 bodies of water in Quebec; and 3 bodies of water in British Columbia. Updates and corrections to location references and geographical coordinates in the schedules to the Regulations will improve the accuracy and enforceability of the Regulations.

For example:

Geographical coordinates for Bouchette Lake, Quebec
Existing geographical coordinates: 45°56′ 74°15′
Revised geographical coordinates: 45°55′32″ 74°14′49″

Regulatory development

Consultation

A presentation on the amendments to the Regulations was made during the Recreational Boating Standing Committee session at the November 2018 Canadian Marine Advisory Council^{footnote 3} (CMAC) meeting. The amendments were also discussed at the meeting of the National Recreational Boating Advisory Council^{footnote 4} (NRBAC) on November 14, 2018. The amendments were again discussed at the April 2019 CMAC meeting and the April 17, 2019, meeting of the NRBAC. During the consultations with stakeholders, TC explained that the 7.5 kW power limit for electric motors was introduced in order to align the power limit of electric motors with the same power level (horsepower) limits for gas-powered engines throughout the Regulations (i.e. 10 hp is equivalent to 7.5 kW), where restrictions already exist under Schedule 3.

The proposed amendments were published in the Canada Gazette, Part I, on March 7, 2020, and no comments were received during the original 30-day comment period or during the extended comment period (due to COVID-19) that ended on July 3, 2020.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, analysis was undertaken to determine whether the amendments are likely to give rise to modern treaty obligations. This assessment examined the geographical scope and subject matter of the amendments in relation to modern treaties in effect, and after examination, no implications or impacts on modern treaties were identified. Where bodies of water are located within modern treaty areas, the modern treaty governments were notified of the amendments to the Regulations.

Instrument choice

The amendments reflect updates to the existing Regulations, which have been in place since 2008. These Regulations establish prohibitions and restrictions on vessel operation in specified waters, generally based on a vessel’s output of power. Without the amendments, a loophole would exist whereby certain electric vessels (which output power at an equivalent scale to currently prohibited gas-powered vessels) would be able to operate on these waters unrestricted. Therefore, the amendments to the Regulations are needed to ensure safety, fairness, and consistency. As restrictions and prohibitions for these waters are set by regulations, there are no non-regulatory options available for addressing this issue. The existing Regulations allow any level of government to ask the federal government to restrict the use of either pleasure craft or commercial vessels on all bodies of water in Canada. The overall approach encourages local authorities to find non-regulatory solutions prior to seeking federal restrictions through the Regulations.

Regulatory analysis

Benefits and costs

Since the implementation of the Regulations, significant advances in technology have increased the power of electric motors on pleasure craft. Without a power restriction, vessels with electric powered motors can operate at a fast speed, which will potentially pose a risk to the safety of recreational boaters and the environment and affect the public interest.

The amendments will impose a maximum limit of 7.5 kW on electric motors to waters listed in Schedule 3, and therefore will limit the speed of pleasure craft in these waters where power-driven vessels are already prohibited. As a result, the amendments will benefit Canadians by enhancing the protection of boaters’ safety, the environment, and the public interest.

This restriction will result in loss of leisure to boaters who operate vessels with greater than 7.5 kW electric motors, in the waters described in Schedule 3, except as indicated in that Schedule. It is possible that the enforcement community could encounter higher enforcement activities in the first few years of the coming into force of the amendments to promote compliance. However, related costs are expected to be minimal. Costs associated with adding the kilowatt power limit to the signage are also expected to be minimal.

Correcting geographical locations listed in the schedules to the Regulations will enhance the safety of navigation on certain Canadian waters by reducing the likelihood of misinterpretation and confusion for users of the waters and enforcement partners, and will result in marginal savings due to a reduction in compliance calls to enforcement agencies.

Small business lens

The small business lens does not apply to these amendments, as there are no costs to small business.

One-for-one rule

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to business.

Regulatory cooperation and alignment

The amendments are not in relation to work or commitments under a formal regulatory cooperation forum.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for these amendments.

Implementation, compliance and enforcement, and service standards

Pursuant to the Regulations, enforcement officers have a range of tools available to them and the latitude to apply an appropriate tool to a particular violation. These tools include, but are not limited to, providing educational information, fostering awareness of what constitutes safe boating, the ability to issue a warning or multiple warnings and, if required, issuing tickets with fines. The decision on how to proceed is left solely to the judgment of the enforcement officer. The table in section 16 of the Regulations sets out the persons or classes of persons that are appointed or specified as enforcement officers under these Regulations and section 17 further details the powers delegated to them.

The Contraventions Regulations, made pursuant to the Contraventions Act, set out prescribed fine amounts for contraventions of regulations, including regulations made under the CSA 2001. A schedule to the Contraventions Regulations sets out specific contravention amounts to a maximum of $500 for violations of the Regulations. Enforcement is by way of summary conviction or ticketing under the Contraventions Act.

As matters pertaining to navigation and shipping fall under the jurisdiction of the federal government, the Regulations are a tool that local authorities can apply and use in response to local safety situations and threats to the environment or the public interest in their jurisdictions. Since the philosophy behind the Regulations is one of partnership between federal, provincial and municipal governments through an existing program, TC staff provides regulatory briefings and other support to assist local enforcement agencies in their enforcement functions.

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

Contact

Heidi Craswell
Manager/Senior Policy Advisor
Legislative, Regulatory and International Affairs
Marine Safety and Security
Transport Canada
Place de Ville, Tower C
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 343‑549‑5614
Email: heidi.craswell@tc.gc.ca

Footnotes

Footnote a

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

Return to footnote a referrer

Footnote b

S.C. 2015, c. 3, s. 24

Return to footnote b referrer

Footnote c

S.C. 2001, c. 26

Return to footnote c referrer

Footnote 1

SOR/2008-120

Return to footnote 1 referrer

Footnote 2

Sections 319, 322 to 324, 331 and 332 of the CSA 2001 came into force on assent, November 1, 2001. Sections 325 to 330 of the CSA 2001 came into force on January 30, 2002. Sections 1 to 270, subsections 271(1) and (3) and sections 272 to 318, 321 and 333 of the CSA 2001 came into force on July 1, 2007. Subsection 271(2) and section 320 of the CSA 2001 were repealed before coming into force.

Return to footnote 2 referrer

Footnote 3

The Canadian Marine Advisory Council is TC’s primary consultative body for marine matters. Participants include individuals and entities that have a recognized interest in boating and shipping safety, recreational matters, navigation, marine pollution, and marine security. Meetings generally take place twice a year, in the spring and fall, in Ottawa, Ontario.

Return to footnote 3 referrer

Footnote 4

The National Recreational Boating Advisory Council provides TC with advice on all matters related to the safety of recreational boaters, the safe operation of recreational boats, the safe and environmentally friendly use of recreational waterways, and any other relevant issue of interest.

Return to footnote 4 referrer

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