Vessel Operation Restriction Amendments

Summary#

These are final amendments to the Vessel Operation Restriction Regulations (SOR/2022-24). They expand what kinds of activities can be allowed by permit, add factors the federal decision-maker must weigh, add a speed and a no-motor rule for two local waterbodies, designate some municipal peace officers for enforcement, and correct geographic coordinates. The regulations came into force on their registration (February 21, 2022) and were published in the Canada Gazette on March 2, 2022.

What it does#

• Expands the list of purposes for which a permit can be issued to allow a vessel to enter restricted waters. New purposes include:
  • accessing a historical, cultural, ecological or geological site;
  • supporting the construction and maintenance of infrastructure.
• Requires the decision-maker to consider specific factors before issuing a permit:
  • protection of the public interest;
  • protection of the environment;
  • safe and efficient navigation;
  • the type, size and intended use of the vessel;
  • the characteristics of the body of water.
• Directs that permits include conditions needed to protect the public interest, the environment and safety, and to limit interference with navigation.
• Creates two new local restrictions:
  • A new prohibition on power-driven and electrically propelled vessels for a future naturalized portion of the Don River in Toronto (with a narrow dredging exemption for locally permitted works).
  • A speed limit on Portage Lake (municipality of Sainte‑Paule, Quebec) of 10 km/h within 100 m of the shore (with a stated towing exception when a vessel moves perpendicular away from shore).
• Adds a class of enforcement officers: community peace officers appointed under the Alberta Peace Officer Act who are employed by the City of Edmonton may be designated to enforce the Regulations.
• Makes multiple technical corrections and coordinate updates for several water bodies in British Columbia, Manitoba, Ontario and Quebec.
• Notes costs and impact estimates over a 10‑year period, including a total estimated cost of $78,516 (see “Who’s affected” for the breakdown).

Who's affected#

• Local governments and authorities that request or enforce restrictions, notably the City of Toronto, the City of Edmonton, and the municipality of Sainte‑Paule.
• Recreational boaters and commercial operators who use the affected waters and who may need to apply for permits under the Vessel Operation Restriction Regulations.
• Small businesses and individuals who apply for permits (the regulatory analysis estimates $17,598 in administrative costs to businesses and individuals over 10 years).
• Local authorities implementing new restrictions (estimated compliance costs of $30,402 over 10 years for signage, enforcement and public awareness).
• Transport Canada, which will review permits (estimated administrative cost to government $30,516 over 10 years).
• The total estimated cost over 2021–2030 is $78,516, with $48,000 borne by impacted stakeholders and $30,516 by the federal government.

Why it matters#

• It makes it explicitly possible to get federal permits for routine and important activities — like access to heritage or ecological sites and for construction or maintenance — on waters that are otherwise restricted. That helps projects and work that cannot easily avoid using the water.
• It requires decision-makers to weigh public interest, environmental protection and navigation safety before allowing exceptions. That aims to make permit decisions more consistent and clearer for applicants.
• The new local rules change what boaters can do in two places:
  • The Don River measure will bar motorized boats in a planned naturalized channel to protect wildlife (including nearby habitat and some species at risk) and to reduce navigation hazards in a narrow, shallow channel.
  • The Portage Lake speed limit aims to reduce shoreline erosion, protect fragile habitat, and make the lake safer for swimmers and paddlers.
• Designating Edmonton peace officers should give the city more local enforcement ability to ensure compliance.
• The regulations include only modest, estimated administrative costs and say the environmental and safety benefits could not be fully monetized. Where the source was not precise about some impacts or local enforcement details, that uncertainty is noted in the official analysis.