Southern Resident Whale Protections and Pilotage

Summary#

• This Canada Gazette notice contains several Department of Transport actions: amendments to the real‑property schedule for the Vancouver Fraser Port Authority, new short‑term protective rules for the Southern Resident killer whale, an exclusion zone for False Creek in Vancouver, and new interim pilotage rules for several pilotage areas.
• Most of the orders take effect on June 1, 2026 and include temporary restrictions that run through November 30, 2026 for some zones, or have shorter end dates (see details below).

What it does#

• Vancouver Fraser Port Authority — Supplementary letters patent (under the Canada Marine Act)

  • Updates Schedule C (real property) to record new licences, a statutory right‑of‑way and consolidated land titles.
  • Adds a perpetual licence over 23.75 ft², a statutory right‑of‑way covering 200.2 m², and a leasehold for part of the 25th floor at 1066 West Hastings Street (lease term ten (10) years).
  • These amendments take effect on the date the supplementary letters patent were issued (May 25, 2026).

• Interim Order for the Protection of the Southern Resident Killer Whale (under the Canada Shipping Act, 2001)

  • Prohibits vessels and people from approaching within 1,000 m of Southern Resident killer whales in a large area of southern British Columbia (see Schedule 1 in the notice).
  • Establishes vessel‑restricted zones around Saturna Island and Pender Island where navigation is prohibited, with narrow exceptions (Schedule 2).
  • Sets speed limits of 10 knots in specified speed‑restricted zones (Schedule 3).
  • Many prohibitions are time‑limited on or before November 30, 2026. The order came into force June 1, 2026.

• Interim Order Respecting the False Creek Exclusion Zone (under the Canada Shipping Act, 2001)

  • Defines an exclusion zone in False Creek east of the Cambie Bridge where pleasure craft and vessels carrying passengers must not navigate, anchor, moor, or berth.
  • Lists exceptions (marina transits, distress, certain Indigenous and licensed fishing or government activities, and a few regular ferry stops).
  • Gives specified enforcement officers powers to stop, board and direct vessels.
  • Comes into effect June 1, 2026 and is set to be repealed on July 8, 2026.

• Interim pilotage orders (under the Pilotage Act)

  • Interim Order No. 4 Respecting Area 2 of the Pacific Pilotage Authority Region
    • Extends the Area 2 compulsory pilotage boundary and states that only laden crude oil tankers of 40,000 or more summer deadweight tonnes are subject to compulsory pilotage there.
    • Requires notices to include the nature of cargo on board.
  • Interim Order No. 5 Respecting the Belledune Compulsory Pilotage Area
    • Declares the Belledune area as a compulsory pilotage area (waters within a 2 nautical mile arc of a local breakwater light).
    • Allows applicants for pilotage certificates to substitute a familiarization program for some sea‑time requirements if completed within the previous two‑year period.
  • Interim Order No. 5 Respecting the Sheet Harbour Compulsory Pilotage Area
    • Defines the Sheet Harbour compulsory pilotage area and says only certain ships are subject to pilotage there: ships 170 m or more in length, tankers, and LNG carriers (with some exceptions and risk‑based triggers).
    • Also allows familiarization program equivalency for pilotage certificate applicants (within two years).

Who's affected#

• Port and property interests

  • Vancouver Fraser Port Authority and parties with licences, leases or rights on the amended Schedule C lands (including Lantic Inc., BNSF Railway Company, and the listed leaseholders).
  • Tenants, service providers or developers using the affected properties may see formal changes to title or recorded rights.

• Marine operators and the public in southern B.C.

  • Owners and operators of recreational boats, whale‑watching vessels, commercial vessels, and ferries working in the waters covered by the Southern Resident protections and False Creek exclusion.
  • Operators who use waters off Saturna Island, Pender Island, in the defined Southern Resident area, or False Creek docks and marinas.

• Shipping and pilotage stakeholders

  • Companies operating crude oil tankers, large ships (170 m+) and LNG carriers in the named pilotage areas.
  • Shipmasters, pilot organizations and the Pacific Pilotage Authority and Atlantic Pilotage Authority will need to follow the revised compulsory pilotage rules and notice requirements.

• Enforcement and government staff

  • Designated enforcement officers such as marine safety inspectors, RCMP, fishery officers and local harbour police who have powers under the False Creek order and the protective orders for whales.

• Indigenous communities

  • The orders include explicit exceptions for certain Indigenous rights (food, social, ceremonial fisheries and other non‑commercial activities). If unclear how a specific activity is treated, the notice should be consulted.

Why it matters#

• The Southern Resident protections introduce broad, immediate limits on how close vessels and people can get to endangered whales. That can reduce vessel strikes and underwater noise, which the government says helps protect the animals’ survival and recovery.
• The False Creek exclusion temporarily changes how recreational and passenger vessels can use a central Vancouver waterway. Boat owners, marinas and some passenger services will need to adjust routes or schedules for the short period the order is active.
• The pilotage changes aim to manage safety risks in specific ports and channels by changing which ships must take a pilot and by making it easier in some cases for qualified people to get pilotage certificates after a familiarization program. That can affect operating costs and routing for certain large tankers and ships.
• The port authority property updates are largely administrative but can affect leases, access rights and how land is recorded for future development or operations.