Vol. 142, No. 26 — June 28, 2008

Regulations Amending the Vessel Operation Restriction Regulations

Statutory authority

Canada Shipping Act, 2001

Sponsoring department

Department of Transport

(This statement is not part of the Regulations.)

Executive summary

Issue

The Regulations provide for the establishment of restrictions to navigation in Canadian waters. Waters to which the various types of restrictions apply are identified in the schedules to the Regulations.

Amendments proposed for Ontario and Quebec

Increased water activities due to population growth and the technical evolution of vessels have resulted in increased conflicts between waterway users and, as a consequence, an increased safety risk to users. Each year TC receives a number of applications from local authorities to impose restrictions on navigation in order to protect public safety, the public interest and the near shore environment, and to ensure the safe and efficient navigation of vessels. In 2007, a number of local authorities in Ontario and Quebec made application to TC for such restrictions in local waters.

The Columbia Wetlands complex

In addition to the proposed amendments respecting waterways in Ontario and Quebec, the British Columbia Ministry of Environment and Wildsight, an environmental organization, have jointly applied for restrictions to navigation in the Columbia Wetlands complex between Fairmont Hot Springs and Donald Station, in southeastern British Columbia, in order to protect the environment.

In 2006, TC requested the assistance of Environment Canada to evaluate the applicants’ claims with respect to the need for regulatory intervention and for the application of the precautionary principle.

In July 2007, Environment Canada provided its report The Conservation Rationale for Regulating the Use of Navigable Waters in British Columbia’s Columbia Wetlands. The report makes a very strong case that the Columbia Wetlands complex requires regulatory intervention to protect sensitive environmental values and that the consequences of failing to provide protection justify a precautionary approach to ecosystem protection.

The report concludes that “Although non-motorized watercraft may also have impacts on wildlife, the impacts of motorized vessels are demonstrably greater. Motor-boating traffic has been well demonstrated to have negative effects on birds and other wildlife via disturbance, direct impacts (e.g. nest flooding, brood separation and collisions) and pollution. In addition, recreational motor-boating also poses ecosystem risks, primarily by increasing the likelihood of the introduction of invasive exotic plant or animal species and by increasing the risk of levee failure.”

The report further states that failure to invoke the precautionary principle may result in the area becoming a boating destination: “If this occurs the introduction of an aggressive invasive species is almost certain. The consequences of such an introduction could be profound, and could result in significant ecological and likely economic, costs.”

Objectives for government action

The purpose of the proposed regulatory intervention is twofold:

• To enhance the safety of navigation, both commercial and recreational, by restricting or prohibiting the type of vessel, speed of vessels or prohibiting water-skiing activities in certain waters in and , thus resolving the conflicts between waterway users that give rise to safety risks. This is expected to have a medium impact on public safety.
• To minimize threats to the ecosystem of the Columbia Wetlands complex in southeastern , caused by the operation of power-driven vessels. The scientific literature is clear that the operation of motor vessels in wetlands can have profoundly negative effects on individual organisms, vulnerable species, and ecological integrity. The amendments related to the Columbia Wetlands complex will have a med-ium positive impact on the environment.

Description

Amendments proposed for Ontario and Quebec

The proposed amendments to the schedules to the Regulations contain new restrictions as a result of requests made by a number of local authorities to address safety concerns in local waters. The proposed measures include prohibitions, in the province of Quebec, on the operation of power-driven vessels in certain portions of Nairne Lake in the municipality of Saint-Aimé-des-Lacs and on the operation of power-driven vessels (not including electrically propelled vessels) in portions of Bleu Lake in the municipality of Saint-Hippolyte; speed limits and restrictions on water-skiing in portions of Saint-François-Xavier Lake in the municipality of Wentworth-Nord; and speed limits in portions of Des Becs-Scie Lake in the city of Saint-Sauveur.

In the province of Ontario in Kempenfelt Bay, Lake Simcoe, a speed limit is proposed near the Tiffin Street boat launch, and prohibitions on the operation of power-driven vessels and elec- trically propelled vessels are proposed in the vicinity of certain swimming beaches and near a wreck that is a popular recreational diving attraction.

The proposed restrictions will enhance safety by resolving the conflicts between waterway users, thus reducing the risk of harmful interactions between vessels or between vessels and other waterway users. When waterways reach a certain level of con- gestion, incidents that create a risk of injury, death, or property damage are inevitable. Consequently, local authorities have recommended these vessel operation restrictions where it was not possible to resolve conflicts between vessels or user groups in any other manner.

The Columbia Wetlands complex

The 2 044-kilometre-long Columbia River is the largest river in volume flowing into the Pacific Ocean in the western hemisphere and the second largest river by volume in North America (after the Mississippi River). It is the largest hydroelectric producing river in North America and has a watershed area of 415 211 km², approximately 25% of which is within Canada.

The upper 180 km of the Columbia River, from the southern end of the Kinbasket Reservoir to the headwaters at Columbia Lake, is the only remaining portion of the river that has not been impacted by major hydroelectric and flood control structures and their reservoirs. This segment of the river system is a continuous wetland, interrupted only by Windermere Lake, and comprises the largest contiguous wetland complex in the southern interior of British Columbia and one of the largest in western North America.

The Columbia Wetlands complex is most significant as nesting and rearing habitat for migratory birds, but is also of great import- ance to regional mammal populations and other species, and is also an important habitat for the recovery of several federal species at risk.

In the early 1990s, the British Columbia Government initiated a series of public consultations throughout the province regarding resources and the environment. The final report, the CORE report, from the Committee on Resources and the Environment, made recommendations regarding the establishment of the Columbia Wetlands Wildlife Management Area.

The Columbia Wetlands Wildlife Management Area encompasses all lands under provincial jurisdiction in the Columbia River floodplain and covers more than 17 924 hectares (about 60% of the total Columbia Wetlands complex).

In order to protect the environment and wildlife in the Columbia Wetlands Wildlife Management Area, the British Columbia Ministry of Environment, Lands and Parks made an order under the British Columbia Wildlife Act restricting all motorized conveyances in the area to a maximum of 7.5 kilowatts. This restriction was made in response to concerns about the potential negative impact snowmobiles and power-driven vessels would have on wildlife and the environment. The provincial order applied equally to motorized conveyances (snowmobiles or all-terrain vehicles) on land and to vessels on the water.

The order was subsequently challenged in court and the Appeals Court of British Columbia struck down the provincial order as it applied to vessels operating in navigable waters, but not as it relates to motorized conveyances on land (R. v. Kupchanko). As a result, two environmental organizations, the East Kootenay Environ- mental Society (subsequently known as Wildsight) and the Friends of the Columbia Wetlands made joint application for a restriction on the operation of vessels in the Columbia Wetlands complex. Since that time, local stakeholders, domestic and international environmental organisations, and local and provincial levels of governments have been consistent in urging the federal government to enact regulations to protect environmental values in the Columbia Wetlands complex.

The proposed amendments to the Regulations contain three provisions with respect to the Columbia Wetlands complex which apply to the area from Fairmont Hot Springs in the south to Donald Station in the north, but not to Lake Windermere, a popular recreational destination that is bounded to the north and south by the wetlands. These provisions are the following:

1. A prohibition on the operation of power-driven vessels and vessels driven by electrical propulsion in the wetlands of the Columbia River.

2. A prohibition on towing persons on water skis, surfboards, or other similar equipment in the main channel of the Columbia River, at any time.

3. A prohibition on the operation of power-driven vessels (but not for vessels driven by electrical propulsion) in the main channel of the Columbia River from March 1 to July 15, of any year.

An exception is proposed for trappers holding a provincial licence who require access to the wetlands year round and to the main channel during the seasonal closure. An exception is also proposed for persons engaged in subsistence hunting and trapping. These persons operate small boats with small motors and their industry association is intensively aware of wildlife issues in the area.

Also, the seasonal closure of the main channel does not apply to electrically driven vessels. This exception is provided in order to facilitate small passenger operations that conduct float trips down the river, but which require a small electric motor to be able to manoeuvre safely in the river current.

Regulatory and non-regulatory options considered

Matters of navigation and shipping lie exclusively within federal jurisdiction. The Regulations are the only regulatory mechan- ism available to local authorities to resolve conflicts between user groups that are not resolvable through voluntary strategies, such as the voluntary separation of user groups engaged in incompat- ible activities.

When applying for a restriction, local authorities are guided by the publication Local Authorities’ Guide to Boating Restrictions. This publication sets the standard to be met by local authorities in order to meet the requirements of the Cabinet Directive on Streamlining Regulations. Transport Canada’s Office of Boating Safety provides guidance and expertise in meeting the Cabinet Directive and other federal government policies.

In order to demonstrate that a restriction on navigation is justified, local authorities applying to TC for a vessel operation restriction must demonstrate that they have attempted alternative strategies and that these strategies have not been effective. In most cases, education and voluntary compliance with local safety strategies are the best alternatives to regulating the operation of vessels. These strategies are not always effective in reducing risk to acceptable levels, but the success rate is very high; only about 5% of the safety issues brought to the Office of Boating Safety cannot be resolved through alternate means.

As a result, the proposed additions to the schedules to the Regulations for British Columbia, Ontario, and Quebec are a regulatory response to those remaining conflicts for which non-regulatory alternatives have been attempted and shown to be ineffective.

In addition to attempting non-regulatory alternatives, local authorities are required to examine other regulatory options to demonstrate that the proposed restriction is the best regulatory option.

The Columbia Wetlands complex

The initial proposal for regulating navigation in the Columbia Wetlands complex was for a 7.5-kilowatt engine power limitation. This regulatory solution would have been consistent with the 7.5-kilowatt limit under the provincial order, which still applies to motorized conveyances on the adjacent land. However, further analysis of this proposed option revealed its flaws.

Many of the negative effects of power-driven vessels on wildlife are proportional to the size of a vessels’ wake, but the size of the wake is only partially dependent on engine power. In fact, a vessel fitted with a low-power engine may generate a very large wake if, or when, it is unable to propel the vessel fast enough to operate beyond displacement mode. Therefore, there was a significant possibility that an engine power limit would not have provided the necessary level of protection to the ecosystem.

Analysis of the specific environmental issues revealed that the environment would be best protected by a year-round prohibition on the operation of power-driven vessels in the wetlands areas and a seasonal prohibition in the main channel, between March 1 and July 15 of each year. This would remove power-driven vessels from the main channel only during the time that it required protection and would permit its use at other times of the year when the risk of negative environmental effects was low. Thus the particular regulatory option chosen for the Columbia Wetlands complex is the least restrictive option.

Benefits and costs

The new vessel restrictions being introduced in the proposed amendments to the Regulations will result in minimal costs to industry, recreational users, and government. Government costs are related to the enforcement and implementation of the restrictions (e.g. erecting signs). Once the local authority has erected signage, no additional resources are required except for the maintenance of the signs and enforcement.

Amendments proposed for Ontario and Quebec

New restrictions and prohibitions proposed in Ontario and Quebec will enhance the safety of navigation, both commercial and recreational, by restricting or prohibiting the types of activities that give rise to safety risks in the first place.

The new vessel restrictions proposed for Ontario and Quebec are intended to address a number of issues:

• Speed limits will reduce the frequency and severity of inter-actions between power-driven vessels and non-power driven vessels and swimmers and will provide more time for vessel operators to avoid incidents.
• There are numerous instances every year of power-driven vessels causing injury to swimmers when they operate in the same area. Once the density of swimmers and the number of power-driven vessels reaches a critical point, experience has shown that conflicts and associated injury are inevitable. Prohibitions on the operation of power-driven vessels near beach areas are effective in separating vessels from swimmers and reducing the possibility of injury and death.
• In Des Becs-Scie Lake, a shoreline speed limit of 10 km/h within 40 m of the shore is proposed for the portion of the lake within the boundaries of the City of Saint-Sauveur. This speed limit will protect swimmers and human-powered vessels from conflicts with high-powered vessels engaged in water-skiing and wakeboarding. During specified times of day, the same speed limit is proposed to extend to all waters of the lake within the town boundaries in order to provide each of the various user groups access to the lake for navigation purposes. Given the small size of the lake and the competing interests of user groups, non-regulatory options have been found to be inadequate to reduce the increasing number of conflicts between user groups, and the deteriorating situation has led to the necessity for regulatory intervention.
• Prohibitions on the operation of power-driven vessels near the wreck in Kempenfelt Bay, Lake Simcoe, will eliminate the risk of serious injury to divers from the propellers of motorized vessels.

By reducing shoreline erosion (a collateral benefit of speed limits and prohibitions on power-driven vessels) some of the new restrictions may also contribute to the protection of the riparian environment.

The Columbia Wetlands complex

The Columbia Wetlands complex is one of only three wetlands in British Columbia to be listed as a Wetland of International Importance under the Ramsar Convention, to which Canada is a signatory. By signing the Ramsar Convention, Canada agreed to formulate and implement planning for the conservation of the listed wetlands. The Federal Policy on Wetlands Conservation, which is in part a response to Canada’s signing of the Ramsar Convention, clearly commits federal departments to a precautionary approach when considering actions that could impact upon Canada’s remaining wetlands. The stated objective of the Federal Policy on Wetlands Conservation is to “promote the conservation of Canada’s wetlands, and to sustain their ecological and socio-economic functions, now and in the future.”

Both the Federal Policy on Wetlands Conservation and the Species at Risk Act justify the invocation of the Precautionary Principle in relation to the Columbia Wetlands complex. The proposed amendments to the Regulations are consistent with the Government of Canada’s commitment to protecting unique highly productive ecosystems and the integration of sustainable development in its plans, policies, and programs.

The Columbia Wetlands complex is a vital habitat for migratory waterfowl traveling the Rocky Mountain leg of the Pacific Flyway, for nesting waterfowl and water birds. Also found in the Columbia Wetlands complex are a number of species listed as Species of Special Concern under the Species at Risk Act, such as Lewis’ Woodpecker, Long-billed Curlew, Peregrine Falcon, Short-eared Owl, and Painted Turtle. In addition, two endangered species, the Northern Leopard Frog and the White Sturgeon, are apparently extirpated from the upper Columbia River.

The Northern Leopard Frog has recently been successfully re-introduced to the Bummers Flats Conservation Area, approximately 60 km south of the Fairmont Hot Springs, and the Columbia Wetlands complex is likely next in line for reintroduction efforts under the draft recovery strategy for the species.

The proposed restrictions on the operation of vessels in the Col- umbia Wetlands complex are not currently part of the recovery strategies for these species, but detailed measures such as these are more typically expected to appear in action plans and management plans, which are still under development.

With a colony of more than 300 pairs, the Columbia Wetlands complex is home to the second largest concentration of Great Blue Herons in western Canada and accounts for nearly 50% of all known, active heron nests in the Kootenay region of British Columbia. This sub-species has been identified by the British Columbia Conservation Data Centre as “Blue” listed (sub-species deemed to be at risk provincially) and is considered to be of conservation concern, particularly because these populations have very low reproductive success. Herons have been found to be sensitive to boating activities and even low rates of nest abandonment in response to approaching boats could have detrimental effects on the overall breeding success of Great Blue Heron in the east of Kootenay.

More than 15 000 waterfowl have been counted in a single day in autumn and more than 1 000 tundra swans have been counted in the spring. Other birds sharing the wetlands include rare Trumpeter Swans, loons, grebes, gulls, terns, rails, bitterns, hawks, Bald Eagles, ospreys and over 100 species of song birds. Elk, White Tailed Deer, and Moose also depend on these wetlands for winter survival.

Due to its proximity to a major metropolitan centre, the area is under intense development pressure. The Columbia River and its associated wetlands, tributaries, and lakes are approximately a three-hour drive from Calgary, a city of more than one million people. In 2004, over 450 persons per day were engaged in river rafting activities on the Kicking Horse River, adjacent to the Col- umbia River Complex, near Golden, British Columbia, representing a significant increase over the previous few years.

A 2005 survey found that 47.9% of recreational users of Lake Windermere resided in Calgary and only 33% were from Invermere. Population statistics for the three incorporated municipalities in the area, Golden, Invermere and Radium Hot Springs, indicate 5%, 9% and 30% population growth respectively between 2000 and 2005. Although the overall numbers are modest, there is a steady upward trend in population growth, mainly due to recreational opportunities.

The prohibition of power-driven or electrically propelled vessel from the Columbia Wetlands complex will provide protection for plant communities, dramatically reduce harmful interference with the life processes of wildlife, and will specifically protect the nesting and rearing sites of up to 95% of the nesting waterfowl in the Columbia Wetlands complex. The prohibition will also reduce the likelihood of invasive species introduction.

The threats to this ecosystem posed by power-driven vessels are significant. The scientific literature shows that the operation of power-driven vessels in wetlands can have profoundly negative effects on individual organisms, vulnerable species, and ecological integrity. Although non-powered vessels such as canoes and kayaks may also negatively impact wildlife, the impacts of motorized vessels are demonstrably greater. The negative effects of power-driven vessels on birds and other wildlife are realized both through disturbances and direct impacts (e.g. nest flooding and brood separation). Other ecosystem risks relate to the disturbance of fish habitat during spawning periods, localized hydrocarbon pollution, the increased risk of invasive species introduction and the increased risk of levee failure due to vessel wakes.

Though most of the bird-rearing sites are in the wetlands, which are separated from the main channel by natural levees, during the critical period between March 1 and July 15 high water levels may cause the river to overtop the levees, and the entire wetlands become a single extensive wetland system. In addition, during high water events the levee complex is especially vulnerable to mechanical failure.

The seasonal closure of the main channel to power-driven vessels will protect the levees from mechanical failure during their most sensitive periods and will also provide protection to fish spawning and rearing habitats in the main channel and to bird species that move into the main channel from the wetland areas during high water events.

The prohibition on water-skiing and other water sports on the main channel of the river will ensure that high-speed interactions with wildlife are reduced to a minimum during the remainder of the year and will further mitigate threats to the integrity of the levees.

It is also expected that these proposed restrictions will contribute to the establishment of stable eco-tourism opportunities in the area, and thus be of financial and social benefit to local communities.

Commercial trapping operations are exempted from the application of both the year-round prohibition in the wetlands portion of the Columbia Wetlands complex and from the seasonal closure in the main channel. These trappers belong to a Commercial Trappers Association, which is intensively aware of environmental issues within the wetlands and typically use small horsepower vessels (10 to 20 hp) to place, monitor, and harvest traps.

One commercial operator conducts eco-tourism excursions in the Columbia River. These excursions are primarily float trips down the main channel, but they do involve the use of small electric motors in order to manoeuvre safely in the water current. Since this operators’ excursions are limited to the main channel, and current technology limits the power of electrically propelled vessels, the use of these electric motors is permitted under the proposed amendments to the Regulations.

These exceptions will have a negligible negative effect on en- vironmental values, but will mitigate the impact of the proposed amendments on small business.

The Columbia Wetlands complex is accessible from various locations and is highly visible, and provides numerous recreational opportunities such as kayaking, canoeing, and bird watching. Eco-tourism is an important industry in the area and supports approximately 10 businesses. Consultation with the industry has shown that there will be no negative impact on current commercial operations. In fact, an increase in eco-tourism is likely, increasing opportunities for this sector in the future. Thus the economic impact to the tourism industry is expected to be a positive one.

The restriction on water sports activities is expected to have minimal impact on any commercial activity. The marine rental operations in the area discourage renters from operating in the Columbia Wetlands complex due to the risk of damage. However, in spite of this voluntary limitation, there are continued reports of personal watercraft and other vessels operating in the area.

Rod and Gun Clubs have historically operated in the Columbia Wetlands complex, but these groups are supporting the proposed restrictions and have stated that they will have very limited or no impact on current hunting practices.

Within the Columbia Wetlands complex there is no recreational boating supporting infrastructure or services, such as public boat launches, marinas, or fuel docks.

There is no known commercial fishing interest in the area of the Columbia Wetlands complex and therefore no impact. However, by reducing the turbidity and the effects of vessel wake and wash around fish habitat, the habitat may be positively impacted, and in turn may have a positive effect on possible future commercial and recreational fishing opportunities.

Costs to consumers will be negligible, as most users of the waterway currently use non-powered vessels and wish to continue to do so. Operators of power-driven vessels will be impacted by the seasonal closure of the main channel, but will continue to be able to experience the river system if they engage in non-powered activities. Powered-vessel operators, who use the river and its tributaries to access residences in the area, continue to have the option to access their properties by road during the portion of the year when the main channel and its tributaries are closed. An exception already present in the Regulations is provided for persons who cannot access their waterfront property by road.

There will be a continuing cost related to the erection of signage and for enforcement-related activities. The Ministry of En- vironment, Province of British Columbia, has committed to be responsible for these costs.

Strategic environmental analysis

A preliminary scan for environmental impacts has been undertaken in accordance with the criteria of Transport Canada’s Strategic Environmental Assessment Policy Statement — March 2001. The preliminary scan has led to the conclusion that for the proposed amendments respecting the waters in Ontario and Quebec, there is no need for a detailed environmental analysis and that for the Columbia Wetlands complex, the Environment Canada report entitled The Conservation Rationale for Regulating the Use of Navigable Waters in British Columbia’s Columbia Wetlands is equivalent to a detailed environmental analysis and, therefore, a detailed analysis itself is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination.

Consultation

Consultations regarding the new restrictions set out in the proposed amendments to the Regulations have been conducted by the applicants, which are generally municipalities. In the case of the Columbia Wetlands complex, consultations were conducted by a broad-based stewardship partnership and the co-applicants, the East Kootenay Environmental Society (now Wildsight) and the British Columbia Ministry of Environment.

Amendments proposed for British Columbia, Ontario, and Quebec

Under the provisions of a Memorandum of Understanding between the federal government and the provinces, applicants for restrictions (generally municipalities) are responsible for ensuring that full consultation with local stakeholders has taken place for each proposed restriction, in accordance with the standards set out in the Local Authorities’ Guide to Boating Restrictions. The guide identifies a list of stakeholders to be consulted, including, but not limited to, the following groups:

• cottagers;
• pleasure craft users;
• cottage associations;
• pleasure craft rental agencies;
• marine safety organizations;
• First Nations, Inuits and Métis communities;
• marine industry representatives; and
• pleasure craft organizations.

The public consultation process may include advertisement in local newspapers, posting of signs at the site indicating proposed restrictions being considered, and leaflet distribution in the areas concerned during the summer period when stakeholders are in the area. This is often followed by a “town hall”-type meeting and, in certain circumstances, direct written correspondence to specific stakeholders. These processes ensure that persons affected by the proposed amendments to the Regulations are directly consulted by local authorities and that they have the opportunity to provide comments and request changes.

Des Becs-Scie Lake (Quebec)

Some individuals have expressed strong opposition to the speed limits being proposed for Des Becs-Scie Lake, claiming that, contrary to the argument put forward by the applicant, the City of Saint-Sauveur, there are no safety issues to be addressed on the lake. However, the proposed restriction is the only way to separate user groups engaged in incompatible activities and to preserve reasonable access to the lake for recreational purposes for each, taking into consideration the safety of swimmers and operators of human-powered vessels and the public interest.

The Columbia Wetlands complex (British Columbia)

With respect to the proposed restrictions for the Columbia Wetlands complex, this has been a subject of controversy for a number of years. Once the Appeal Court of British Columbia struck down the Provincial Order limiting motorized conveyances on the water to 7.5 kilowatts, local stakeholders, environmental organ- izations, local and provincial levels of governments, members of the Legislative Assembly, and federal members of Parliament have maintained a high level of interest and support for federal regulations restricting navigation in the Columbia Wetlands complex. Consultation conducted by Wildsight (the co-applicant) between 2001 and 2003 revealed that 82% of stakeholders supported some form of restriction on the operation of vessels in the Columbia River and its wetlands, while many sought a complete prohibition on the operation of motorized vessels. Consultations included newspaper articles, town hall meetings, interviews with industry organizations, and broad-based mailings. Since 1997, Wildsight has published over 80 articles in local newspapers, most recently in the Golden Star on January 30 and April 9, 2008. The applicants posted signs near boat launches and erected information kiosks to educate users to the sensitivity of the area and to inform users of the proposed restriction.

However, a small but vocal opposition group, the Columbia Valley Protection Society challenged the need for a boating restriction and conducted a review of the environmental literature. The report by Iris Environmental Systems of Calgary, Alberta, questioned the need for a restriction, partly on the basis that there was minimal use of the area by motorized vessels. The Columbia Valley Protection Society established a voluntary log book in which users would register when entering the wetlands from Invermere. Another log book station was subsequently established at Golden, British Columbia. These log books supported the Columbia Valley Protection Society position that usage was minimal. However, due to their location and voluntary nature, the log books failed to capture a large number of users of the wetlands and reports of motorized vessels, especially shallow draft jet-driven vessels, operating in the wetlands continued to be received, especially in the vicinity of Fairmont Hot Springs and Golden.

Recent polling sponsored by the East Kootenay Conservation Program, of which both Environment Canada and the British Columbia Ministry of Environment are part, indicates that residents of East Kootenay continue to be strongly in favour of environmental protection activities and further put protection of the environment ahead of economic development.

The two regional districts and three incorporated municipalities in the area were consulted through presentations directly to council by Wildsight. The District of Invermere and the Town of Radium were both in favour of a vessel operation restriction, as was the Regional District of East Kootenay.

In 2007, Wildsight presented the current proposal to the Columbia Wetlands Stewardship Partnership, a management group with a membership of over 35 stakeholder groups, including all of the federal and provincial agencies concerned with the Columbia Wetlands complex, all of the local non-governmental organizations with an interest in the river and wetlands, and representatives (councilors, mayors and regional district representatives) from each of the communities along the wetlands. The Columbia Wetlands Stewardship Partnership is now one of the main forums for stakeholder consultation, under the sponsorship of the British Columbia Ministry of Environment, through which all local governments have now demonstrated their support for the proposed amendments to the Regulations.

Between 2005 and 2007, the co-applicants consulted over 45 different stakeholder groups through town hall meetings and meetings with stakeholder groups and individuals. The general consensus was that a problem existed and that action needed to be taken to mitigate the environmental risks and impacts on the area by vessel operation. It was also agreed that the risks were increasing due to demographic changes in the Columbia Valley.

Stakeholders agreed with the prohibition of power-driven vessels from the sensitive wetlands and from water-skiing and other high-speed water sports and the seasonal closure of the main channel, but there is some disagreement over the date that the main channel should re-open to motorized traffic. A few stakeholders (notably the Columbia Valley Protection Society) are strongly opposed to any interference with free navigation on the main channel of the Columbia River. However, the environmental analysis indicates a late closure (to July 15) is necessary and that opening the main channel to motorized traffic at an earlier date would jeopardize the very environmental values that the proposed amendments to the Regulations are designed to protect. This position is strongly supported by the Columbia Wetlands Stewardship Partnership and by the co-applicants, the British Columbia Ministry of Environment and Wildsight.

Aboriginal consultation with respect to the Columbia Wetlands complex
(British Columbia)

There are two First Nations that assert claims within the effected area: the Shuswap Band and the Akisqnuk Band (formerly the Columbia Lake Band, part of the Ktunaxa Nation), both of which have been regularly consulted throughout the process and both of which support the proposed amendments to the Regulations.

The Akisqnuk Band identified the Columbia Wetlands complex as central to their traditional territory and has cited the reappearance of trumpeter swans in the wetlands and the presence of peregrine falcons as an attestation to the value of restricting boating traffic. The Akisqnuk Band has consistently expressed a preference that only canoes and other non-powered vessels be permitted in the wetlands. The Ktunaxa Nation is currently involved in treaty negotiations with the British Columbia Treaty Commission.

The Shuswap Band was initially opposed to a vessel operation restriction. This opposition was related to their plan for a potential marina development and boat launch on the margins of the wetlands, within 1.5 km of the boundaries of the restricted area at the north end of Windermere Lake. In order to avoid compromising the Band’s current and future economic interests, the applicants have recommended that the boundaries of the restricted area be adjusted to exclude the site of the potential marina and boat launch. This adjustment will have a minimal impact on environmental values. The Band recognizes that being positioned at the gateway to the Columbia Wetlands complex can significantly contribute to the protection strategy. Like the Ktunaxa Nation, the Shuswap Band is also engaged in treaty negotiations with the British Columbia Treaty Commission.

Implementation, enforcement and service standards

The Canada Shipping Act, 2001 (CSA 2001) provides for maximum fines upon summary conviction of $100,000 or one year in prison, or both, for violations of regulations made under Part 5 of the Act, which includes the Regulations. Enforcement is by way of summary conviction or ticketing under the Contraventions Act. The Contraventions Regulations, made pursuant to the Contraventions Act, set out prescribed fine amounts for contraventions to regulations made under the CSA 2001. The Regulations specify the classes of persons who are entitled to enforce the Regulations and include the Royal Canadian Mounted Police (RCMP), provincial and municipal police forces, as well as other groups such as special constables, conservation officers, wildlife officers and marine safety inspectors.

The local authorities that have applied to TC for the proposed restrictions are responsible for the enforcement of those restrictions and have guaranteed that they will conduct the enforcement and maintain the required signage. No increase in the cost of enforcement to the federal government is expected. Local enforcement agencies normally conduct enforcement incidental to their other duties and therefore there is no significant increase of enforcement costs to local governments either.

As matters pertaining to navigation and shipping are under the jurisdiction of the federal government, the proposed amendments to the Regulations are used as a mechanism whereby local authorities can respond to local safety situations and threats to the environment or the public interest, by partnering with the federal government to enact regulations under the CSA 2001. Since the philosophy behind the Regulations is one of partnership between federal, provincial and municipal governments through an existing program, TC staff provide regulatory briefings and other support to assist local enforcement agencies (now including British Columbia Park Rangers) in their enforcement functions.

Des Becs-Scie Lake (Quebec)

In order to ensure the restriction in Des Becs-Scie Lake is adequately enforced, the Sûreté du Québec has entered into a long-term agreement with a landowner for access to the lake (the lake is not served by a public access). The Sûreté du Québec will also monitor compliance over the long term as part of a long-term arrangement with the City of Saint-Sauveur.

The Columbia Wetlands complex (British Columbia)

With respect to the Columbia Wetlands complex, the province of British Columbia has formally guaranteed enforcement of the proposed amendments to the Regulations. The British Columbia Conservation Officer Service was previously appointed to enforce regulations relating to small vessels under the CSA 2001. However, the province has now requested that the proposed amendments to the Regulations include a new appointment of British Columbia Park Rangers as enforcement officers, specifically to support the enforcement of the proposed amendments to the Regulations in the Columbia Wetlands complex. British Columbia Park Rangers are trained in enforcement and natural resources management and are prepared to carry out enforcement of the Regulations, not just in the Columbia Wetlands complex but also elsewhere in British Columbia.

Performance measurement and evaluation

The Regulations provide a specific mechanism for advising stakeholders when a new restriction is brought into force. Once a restriction is published in the Canada Gazette, Part II, the local authority responsible for a particular restriction is authorized by the Minister of Transport to erect signs. The signs are of a standard appearance, as set out in Schedule 9 to the Regulations, and they must be maintained by the local authority responsible for the restriction and may not be removed without authorization from the Minister of Transport.

Transport Canada regional Offices of Boating Safety maintain records with respect to the applications for vessel operation restrictions and are in continued direct contact with local authorities, who are responsible for monitoring the effects of the restrictions. When a local authority identifies that a restriction is no longer needed or requires modification, the regional Office of Boating Safety will advise the authority to apply for a further amendment to the Regulations to repeal or modify the specific restriction.

Des Becs-Scie Lake (Quebec)

In Des Becs-Scie Lake, the Sûreté du Québec has taken a special interest in enforcing and tracking compliance with the proposed restriction and will work with the Council of the City of Saint-Sauveur to ensure that long-term compliance issues are addressed.

The Columbia Wetlands complex (British Columbia)

With respect to the Columbia Wetlands complex, a specific long-term performance evaluation plan is being established by the Columbia Wetlands Stewardship Partnership. The partnership consists of representatives from 35 separate organizations, including federal, provincial, and municipal/regional governments, First Nations and stakeholder groups. The stated purposes of the Columbia Wetlands Stewardship Partnership are to

• evaluate the efficacy of the vessel operation restrictions and collect data on the levels of vessel impacts on the environment;
• develop strategies for enforcement and compliance with the proposed amendments to the Regulations and other legislation;
• ensure that the management of the wetlands is founded on a solid scientific basis; and
• evaluate long-term issues respecting water flows into the wetlands and the impacts of potential climate change.

The Columbia Wetlands Stewardship Partnership will evaluate the impacts of the vessel restrictions and would be responsible to identify if, in the future, further amendments to the regulatory regime may be necessary for the protection of the environment.

In partnership with the University of British Columbia, TC has established a pilot project for a remote vessel count and wake monitoring system on the Columbia River. This will allow the Columbia Wetlands Stewardship Partnership to monitor both pre- and post-regulation conditions and the effectiveness of education, compliance and enforcement strategies.

Transport Canada
Kevin Monahan
Project Manager
Regulatory Services and Quality Assurance (AMSX)
Marine Safety
Transport Canada
Place de Ville, Tower C, 11th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-8207
Fax: 613-991-5670
Email: monahak@tc.gc.ca

Environment Canada with respect to the Columbia Wetlands complex
Andrée Mailloux
Habitat Conservation Policy Analyst
Canadian Wildlife Service
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: 819-934-8021
Fax: 819-994-4445
Email: andree.mailloux@ec.gc.ca

14. Part 2 of Schedule 6 to the Regulations under the heading “ Lake Simcoe and Surrounding Area ” is amended by adding the following after item 4:

15. Part 3 of Schedule 6 to the Regulations is amended by adding the following after item 255:

16. Part 3 of Schedule 6 to the Regulations is amended by adding the following after Note 3:

Note 4: This restriction does not apply to a vessel moving perpendicularly away from the shore while it is being used to tow a person on water-skis, on a surfboard, or on any other similar equipment.

Note 5: This restriction does not apply in respect of a vessel moving perpendicularly away from the shore while it is being used to tow a person on water-skis, on a surfboard, on a pneumatic tube or on any other similar equipment during the period from 10:00 a.m. to 1:00 p.m. and from 4:00 p.m. to 7:00 p.m.

17. Part 2 of Schedule 7 to the Regulations is amended by adding the following after item 9:

18. Part 5 of Schedule 7 to the Regulations is amended by adding the following after item 65:

COMING INTO FORCE

19. These Regulations come into force on the day on which they are registered.

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