Vessel Operation Restriction Modernization

Summary#

This is a proposed set of changes published by Transport Canada on September 14, 2024 to update the Vessel Operation Restriction Regulations. The proposals would let the department add or change local boating restrictions faster, speed up designation of enforcement officers, and clear up confusing wording about electric motor limits.

What it does#

• Moves the eight detailed local restriction lists out of the regulations and into a Transport Canada document called TP 15587E that can be updated more quickly. That means new or changed local restrictions could be put in place without going through the full federal regulatory amendment process.
• Uses the authority in section 135 of the Canada Shipping Act, 2001 (rather than listing designations in the VORR) so enforcement designations can be issued much faster — Transport Canada expects this can be done in weeks instead of about two years.
• Clarifies engine-power wording so the 7.5 kW limit clearly applies to electric propulsion only, while power-driven (internal combustion or steam) vessels remain fully prohibited where that rule applies.
• Updates the application process wording so local governments must “submit an application in the form and manner specified by the Minister.” The existing Guide used by local authorities would be revised and given a standard application template to make submissions more consistent.
• Enables the Minister of Transport to use temporary ministerial orders (a tool added in 2023) to impose or change restrictions for urgent or new issues for up to two years while a permanent regulatory change is prepared.
• Leaves local consultation requirements in place, but changes the national prepublication step (that appears in the Canada Gazette) for schedule changes since those schedules would now be updated in TP 15587E instead.
• Sets an annual update rhythm: restrictions requested and complete by September 15 would be included in the TP update before the next boating season (by March), with other updates possible during the season.

Note: these are proposed amendments (Canada Gazette, Part I). They are not law yet and are open for comment (75-day comment period).

Who's affected#

• Local authorities (municipalities, regional governments) that apply for waterway restrictions. They would be able to get approved restrictions into effect faster if their applications meet Transport Canada’s requirements.
• Boat owners and operators, including recreational boaters, rental businesses, and water sports users, who may have to adapt more quickly to new local restrictions.
• Enforcement officers and agencies (police marine units, local enforcement) who will be designated under the Canada Shipping Act mechanism and can be put into service sooner.
• Transport Canada and its Office of Boating Safety, which will manage the revised application process and maintain TP 15587E.
• Indigenous communities and local stakeholders, who are named as parties that must be consulted during local application processes. The proposal notes ongoing outreach but local consultation remains key.
• Small businesses that rely on waterway access could be affected if a new restriction limits their activities; the department says it does not expect a change in the number of applications, but businesses might need to adapt faster when restrictions are added.

Why it matters#

• Faster response to safety or environmental problems: moving the schedules into an updatable publication and using ministerial orders can get temporary or new restrictions in place quicker, which can matter after accidents, environmental incidents, or the arrival of a new technology.
• Quicker enforcement: changing how officers are designated should let communities deploy local enforcement sooner, which can reduce non‑compliance and improve on-water safety.
• Less national-level public notice for each schedule change: because schedule edits would not follow the full regulatory amendment and prepublication steps, the public won’t get the same Canada Gazette prepublication stage for each change. Transport Canada says local consultation must still happen, but some stakeholders raised concerns about ensuring broad, transparent local consultation.
• Minor administrative cost to the department: Transport Canada estimates a one-time cost of $4,304 to reissue 28 designation certificates under the new system.
• Practical timing: if local authorities submit complete applications by September 15, those requests can be considered for the TP update before the next boating season, reducing the current multi-year delay between identifying an issue and seeing a regulation in force.

If you want to comment, this is a Part I proposal and a public comment period is open (75 days from the notice).