New rules limit wake‑surfing and engine power

Summary#

These are final amendments to the Vessel Operation Restriction Regulations (published in the Canada Gazette, Part II on December 20, 2023). They give local authorities more ways to limit boat engine power and wake-surfing, add 21 new local restrictions on specific waterways, clarify some exemptions, and update who can enforce the rules.

What it does#

• Allows engine-power limits (previously tied to parks/controlled-access waters) to be used on any body of water (change to subsection 2(4) and the heading of Schedule 4).
• Creates a new wake-surfing schedule (Schedule 7.1) so local authorities can ban or limit wake surfing specifically, without banning all towing activities.
• Adds 21 new restrictions on 6 bodies of water:
  • Big Tub Harbour (Ontario)
  • Richelieu River (Quebec)
  • Saint‑Maurice River (Quebec)
  • Duhamel Lake (Quebec)
  • Pinawa Channel (Manitoba)
  • Lee River (Manitoba)
• Explicitly exempts people with federal fishing licences (in addition to provincial licences) from certain restrictions, and clarifies that people exercising Indigenous rights under section 35 of the Constitution Act, 1982 are exempt when doing so.
• Removes technical sign rules from the regulations (sections 8 and 9) and incorporates the signage guidance in Transport Publication TP 15400E so the guidance can be updated more quickly.
• Designates port enforcement officers employed by the Windsor Port Authority to enforce the VORR in their port area.
• Makes several small corrections to place names, coordinates, and schedule headings.
• Notes: the wake‑surfing restrictions are on the books now, but fines for breaking those specific wake‑surf rules require amendments to the Contraventions Regulations (expected as a separate step, referenced for future action).

Who's affected#

• Local governments and other “local authorities” that apply for and install restrictions.
• Boaters and recreational users on the named waterways — especially people who wake surf, tow water‑sports participants, or use higher‑powered engines.
• Businesses that offer towing or wake‑boat services near the affected waters.
• Enforcement bodies, including police and the newly designated officers at the Windsor Port Authority.
• People who fish: the change makes clear that holders of federal fishing licences get the same exemptions already enjoyed by provincial licence holders.
• Indigenous people: the regulations explicitly preserve their rights when exercising activities protected by section 35.
• Transport Canada, which will manage reviews, signage guidance, and some training and administrative costs.

Why it matters#

• Local authorities can now choose engine‑power limits for more types of waters. That can be easier to enforce than speed limits (inspect an engine rating rather than measuring speed on the water).
• Splitting wake surfing into its own schedule lets communities address shoreline erosion and safety caused by large wakes without banning all towing sports. That makes rules more targeted.
• The amendments introduce concrete changes to several popular or crowded waterways (e.g., stricter speed zones, towing/wake bans at certain times or places). Some boaters will lose leisure options where restrictions apply. Others (swimmers, paddlers, shoreline owners) should see safer conditions and less erosion.
• There are costs to implement the changes (signs, buoys, enforcement and public outreach). The regulatory analysis estimates total monetized costs of about $2.96 million (present value) over the analysis period, mostly borne by local authorities; Transport Canada will cover a small portion.
• Practical note: the regulations come into force on the day they are registered (the Canada Gazette item says they come into force upon registration). Enforcement details (and ticketing for wake‑surfing offences) may require follow‑up changes to other rules before all penalties are directly enforceable.