Faster local boating restriction approvals

Summary#

This is a proposed update to the Vessel Operation Restriction Regulations announced by Transport Canada. It would speed up how local boating restrictions are added or changed by moving the list of local restrictions out of the regulations and into a Transport Canada publication that can be updated more quickly.

What it does#

• Replaces the eight schedules that list local boating restrictions in the Vessel Operation Restriction Regulations with a Transport Canada publication called TP 15587E. That TP would be “incorporated by reference,” so it can be updated more quickly without a full federal regulatory amendment.
• Clarifies wording about engine power limits so it is clear that all internal-combustion (power-driven) vessels are prohibited where that restriction applies, and electric motors are limited to 7.5 kW in some cases.
• Removes the old list of enforcement designations from the regulations (sections 16 and 17) and relies on the designation powers in the Canada Shipping Act, 2001 instead. That is intended to let authorities authorize local enforcement in under a month rather than waiting about two years under the old process.
• Changes section 4 to require local authorities to “submit an application in the form and manner specified by the Minister.” The application format and details will be spelled out in an updated Guide and a new application template.
• Uses a new ministerial-order power (already added to the Canada Shipping Act, 2001) as a tool to put temporary restrictions in place for up to two years when an urgent safety or environmental issue arises.
• Updates administration and wording across the rules (for example, replacing “shall” with “must”) and removes an obsolete reference to “provincial authorities.”
• Sets practical timing for the new TP: it would be updated at least once a year (by March) and would include new restrictions that meet requirements if applications arrive by September 15 of the previous year.
• Notes a small one-time cost to Transport Canada of $4,304 to reissue 28 enforcement designation certificates, and that ticketing language in the Contraventions Regulations will need separate updates (expected in 2025) to match the new wording. The maximum fine in the Contraventions Regulations remains $500 for these contraventions.
• This is a proposal (Canada Gazette, Part I). Interested people have 75 days from the publication date (September 14, 2024) to send comments.

Who's affected#

• Local governments and other “local authorities” that apply for boating restrictions. They would get clearer application tools and faster federal approval.
• Recreational boaters, waterfront residents, marinas and tourism operators. New or changed restrictions could be implemented faster, so people using a waterway may have to adapt more quickly.
• Local enforcement agencies and police units. They will be redesignated under the Canada Shipping Act, 2001 and receive new certificates.
• Transport Canada staff, who will run the faster approval process and maintain TP 15587E and the updated Guide.
• Indigenous communities and organizations that have interests in waterways. They are expected to be consulted as part of local applications.
• Small businesses linked to a waterway could be affected if a new restriction limits activities on that waterbody. The proposal says no new application requirements are being added, but businesses may need to adapt faster to changes.

Why it matters#

• It aims to cut the time it takes to put safety or environmental restrictions in place on local waterways. The government says the old approach could take up to four years from identifying a problem to a new restriction being in force. The new approach is meant to allow changes ahead of the next boating season when needed.
• Faster updates mean local issues can be handled more quickly, which could reduce accidents or environmental harm. It also means local authorities can get enforcement resources in place faster.
• Some stakeholders worry that moving the schedules out of the formal regulatory notice process removes a national pre-publication consultation step. The proposal says local authorities must still do local consultations and follow the Guide, but the national Canada Gazette prepublication step would no longer happen for each schedule change.
• There is a temporary snag: the proposal requires separate edits to the Contraventions Regulations (expected in 2025) so tickets can be issued under the new wording. Until then, enforcement of certain worded prohibitions may be harder to ticket.
• Overall, this is a procedural and administrative modernization. It does not itself create new kinds of restrictions, but it changes how quickly and easily restrictions can be approved and published.