Canada Gazette, Part I, Volume 157, Number 24: Regulations Amending the Vessel Operation Restriction Regulations
June 17, 2023
Statutory authority
Canada Shipping Act, 2001
Sponsoring department
Department of Transport
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
There are seven issues that will be addressed by this regulatory initiative — engine power limits, updating exemptions, technical requirements on signage, wake surfing restriction, new restrictions, designation authority and administrative corrections.
Engine power limits
Subsection 2(4) of the Vessel Operation Restriction Regulations (the Regulations) imposes restrictions on engine power limits of power-driven vessels or vessels driven by electrical propulsion only for waters in public parks and controlled access bodies of water that are described in Schedule 4 of the Regulations. Many local authorities have pointed to the incoherence of Schedule 4 versus other restrictions. The criterion of “public parks and controlled access bodies of waters” greatly limits the scope of application for this type of restriction and is misaligned with the other restrictions available in the Regulations that are not limited by application to certain types of bodies of water. At present, many local authorities want to specify an engine power limit on a local body of water that is not within a public park or controlled access body of water and, because of the limited scope of application of subsection 2(4), have had to apply for another form of restriction. For example, many local authorities wishing to request a maximum engine power restriction have instead requested a speed limit because an engine power limit was not available as an option. Engine power limits are easier to enforce than speed limit restrictions because the latter requires active monitoring, the use of detection equipment that at times may not provide reliable and accurate readings, and the gathering and production of evidence. On the other hand, a restriction on engine power is easier to enforce because a simple visual inspection of the engine can confirm its power. For example, with such a restriction in place, any vessel equipped with an engine over 10 hp would not be permitted to be operated on the designated body of water.
Updating exemptions
The Regulations currently exempt persons who hold a provincial fishing permit from vessel operation restrictions established on specific bodies of water (identified under Schedules 1 to 4). For example, a person who holds a provincial fishing permit may operate a power-driven vessel on bodies of water where such vessels are otherwise prohibited. However, under the Regulations, persons who hold a federal fishing permit are not explicitly listed as benefiting from the same exemption, even though they are undertaking the same activity. Although most of the waters listed in the Schedules [relevant to subsections 2(1) and 2(4)] require provincial fishing permits only, there are certain waters listed in the Schedules that are tidal (e.g. Tyee Pool) and are therefore subject to a federal fishing licence. Even though Transport Canada’s (TC) policy has been to exempt federal licences from the restrictions, the exemption needs to be made explicit to ensure that persons with federal fishing licences can continue to benefit from the same rights as their counterparts with provincial fishing licences.
In addition, TC is seeking to include a regulatory exemption to specific restrictions (e.g. operating a vessel in restricted waters) to allow Indigenous peoples to exercise their existing rights as recognized and affirmed under section 35 of the Constitution Act, 1982. The rights of Indigenous peoples have always been protected under the Regulations; however, TC is proposing to add the wording in the Regulations for absolute clarity, and to avoid any confusion from a compliance perspective. This would formalize TC’s current approach to exempt Indigenous peoples from these restrictions when they are exercising their rights.
Technical requirements on signage
Sections 8 and 9 of the Regulations contain the technical requirements on signage. Because guidance around signage is embedded in the Regulations, updates require going through the regulatory process, which can be a lengthy process. Given how often updates to signage guidance may be needed, the regulatory process is not a practical or effective option: TC would need to propose amendments to the Regulations frequently to keep signage requirements up to date. As such, since 2018, TC has published signage guidance in a policy document, TP 15400E (PDF). TP 15400E allows TC to revise and update signage guidance promptly as needed to ensure that relevant changes are communicated quickly and efficiently to local authorities. However, while local authorities use TP 15400E as a reference for guidance on signage and make updates accordingly, the formal requirements remain in sections 8 and 9 of the Regulations. Having provisions in two different documents, which are out of sync, could lead to ambiguity and/or confusion. Incorporating TP 15400E by reference in the Regulations would eliminate the possibility of ambiguity and help ensure that regular updates to signage requirements are communicated to affected stakeholders, and implemented, in a timely manner.
Wake surfing restriction
Many communities and environmental groups have raised concerns about the environmental impact of wake surfing, which can erode shorelines with excessive wave action and cause safety issues for other boaters in high traffic areas due to the speeds involved. When wake surfing is identified as a safety or environmental issue on a body of water, the only existing restriction available to local authorities is under Schedule 7 and involves a blanket prohibition on all towing activities (e.g. water skiing, tubing). This approach would lead to restrictions on some recreational activities that have not been identified as an issue such as waterskiing or tubing. As a result, some local authorities have refrained from applying for any restrictions at all, leaving safety and environmental concerns from wake surfing unaddressed.
New restrictions
Transport Canada has received applications from local authorities for 21 new restrictions on six bodies of water. Below is an overview of the issues for each body of water where new restrictions are being proposed.
Big Tub Harbour (Ontario)
Fathom Five National Marine Park and the surrounding region has experienced significant growth in tourism over the past decade. This significant increase in demand has resulted in a corresponding increase in commercial and recreational vessel use in Big Tub Harbour, as well as changes in traffic patterns, types of watercraft, and operator skill and experience.
A change in how Big Tub Harbour is managed is required in order to protect the park’s natural and cultural resources while ensuring safe, enjoyable experiences for visitors and residents, and contributing to a sustainable tourism industry throughout the region.
Richelieu River (Quebec)
Safety, environmental and public interest issues have been identified on the Richelieu River dating back more than 20 years. The river accommodates high traffic levels and is very narrow and shallow in places. The volume of boat traffic, speed, noise and wake (waves observed over one metre) caused by some boats introduces safety problems on the water, poses a risk to safety on private docks (danger of people falling off the dock and into the water) and leads to a loss of enjoyment for residents. Also, high levels of wake can cause degradation of banks and erosion of riparian land. A boat’s wake can damage other vessels, docks, and the shoreline. It can also be a risk for swimmers, divers and people on small boats that might capsize. Operators need to be aware of how their boat’s wake might affect others when choosing a safe speed. Opportunities for recreational activities, such as swimming and the use of human-powered boats, are now limited due to the speed and wake generated by larger vessels.
Additionally, the water quality is deteriorating, and the river ecosystem is being impacted by the resuspension of sediments and materials caused by excessive wake. Several species of fish are also found in the river — 75 of the 116 species of freshwater fish in Quebec live in the river and at least 25 reproduce there, including the copper redhorse (a species at risk), which is found exclusively in the Richelieu River. The drinking water intake located in the community of Saint-Denis-sur-Richelieu, which serves nearly 21 municipalities, draws its water from the river. A failure to intervene on the Richelieu River could compromise water treatment in the future.
St-Maurice River (Quebec)
For many years, a portion of the Saint-Maurice River has encountered various safety problems, such as high-speed motorboats; conflicts between water body users, which are exacerbated by the proximity of the Saint-Lawrence River and an increase in higher-speed vessel traffic due to the Saint-Lawrence being a popular waterway for these vessels; environmental issues (e.g. shoreline erosion); and issues related to the public interest (e.g. breakage of quays). These problems are encountered on a daily basis. A serious accident also occurred in 2012 where the speeding of a boat caused the death of two people at the entrance to the Saint-Maurice River.
Duhamel Lake (Quebec)
For several years, boats operating at high speeds on Duhamel Lake have put the safety of swimmers and small boats, including pontoons, at risk. Also, the waves generated by boats operating at high speeds on Duhamel Lake cause environmental issues such as bank erosion, the disappearance of beaches, the spread of Eurasian watermilfoil, and the resuspension of sediments. Public interest issues created by the waves include the breaking of quays or damage to water intakes and moored boats.
Pinawa Channel and Lee River (Manitoba)
The Pinawa Channel and Lee River have a high density of boat traffic, and the traffic continues to increase, which has resulted in safety and environmental concerns. Several factors contribute to the safety concerns present on the Pinawa Channel and Lee River, such as large waves, speed, proximity to shore, and conflict between user groups.
Wake boat use along these bodies of water has been increasing over the past five years. The continued use of wake boats on the Pinawa Channel and the narrow sections of the Lee River has contributed to accelerated shoreline erosion, caused damage to personal property, swamped boats of other recreational users, and created a growing safety concern along the waterways.
Designation authority
To address concerns about boating safety, promote safe boating practices, and ensure compliance with the Regulations, it is common for municipalities with limited capacity to request the designation of enforcement personnel who are not currently authorized by the Regulations. Most police forces across the country are currently designated under the Regulations. However, the Port of Windsor has requested that port enforcement officers be authorized to enforce the Regulations within the limits of the Windsor Port Authority.
In addition, due to changes to titles of enforcement officers and departmental names from which the authorities descend, amendments to section 16, items 16, 17 and 18 are required to properly state the title of Quebec special constables in the French version of the Regulations, and to update the Government of Saskatchewan’s departmental names and enforcement officers’ titles.
Administrative corrections
In consultation with local authorities, TC discovered several minor errors and inconsistencies in the text of the Regulations, such as geographical coordinates misrepresenting the body of water impacted by the restriction. Administrative corrections ensure that the most reliable and up-to-date information is contained within the Regulations, thereby enabling water body users to understand and comply with the restrictions and supporting more effective enforcement of the listed restrictions.
Background
The Regulations made pursuant to the Canada Shipping Act, 2001 (CSA 2001), provide the ability to regulate boating activities and navigation in Canadian waters. Restrictions are set out in subsections 2(1) to 2(6) and 11(2) and are registered in the seven schedules to the Regulations, which specify the type of restriction (listed below) and the location of the body of water where it applies.
These navigation restrictions include
- waters where all vessels are prohibited;
- waters where power-driven vessels and vessels driven by electrical propulsion are prohibited;
- waters on which power-driven vessels are prohibited and vessels driven by electrical propulsion are subject to a limit on their engine power;
- waters on which power-driven vessels and vessels driven by electrical propulsion are subject to a speed limit and/or subject to a limit on their engine power;
- waters where towing a person on any sporting or recreational equipment, or allowing a person to wake surf, is prohibited except during the permitted hours; and
- waters where a sporting, recreational or public event or activity is prohibited.
Vessel Operation Restriction Regulations modernization
In 2016, TC launched an initiative to modernize the Vessel Operation Restriction Regulations (VORR). As part of Phase 1, national stakeholder consultations were held to identify issues. One of the main concerns from stakeholders was the complexity of the application process and the length of time required to approve restriction proposals. Phase 1 was completed in 2019 with the update to the Local Authorities’ Guide, which clarified the application process for a vessel operation restriction.
In summer 2019, Phase 2 was initiated to assess ways to streamline the government process for implementing vessel operation restrictions. Transport Canada is currently exploring options that would allow a municipality to submit a request at the end of a boating season (by the annual mid-September deadline) and have the requested restriction in place by the next year’s boating season.
Finally, Phase 3 of the modernization initiative is under way in response to the Minister of Transport’s mandate letter commitment to “Work with provinces, territories and willing municipalities on solutions to allow them a greater role in managing and regulating boating on their lakes and rivers so that they promote free access, while ensuring the safety of boaters and the protection of the environment”. Options are currently being developed to fulfill this commitment.
Engine power limits
The issue around the engine power limits restriction not being open to all types of bodies of water was initially raised by stakeholders during the VORR modernization consultations. In addition, over the years, many local authorities, including local authorities with current speed restrictions in place, have also reiterated their wish to be able to use engine power limit restrictions versus speed limit restrictions as the latter is more complicated to enforce.
Incorporation by reference
Incorporation by reference is a drafting technique that may be used to bring the content of an external document into a regulation. Documents incorporated by reference have the same force as the regulation into which they are incorporated.
An ambulatory reference means that the incorporation of a document includes any future changes to that document without a need to remake or amend the regulation into which it is incorporated. An ambulatory reference allows routine and/or technical updates to be made to standards and guidelines without the need to complete the regulatory process, which can be complex and time-consuming.
The relevant authorities that allow for the use of incorporation by reference in the Regulations are found in section 32 of the Canada Shipping Act, 2001.
Wake surfing
The topic of wake surfing has been a discussion with stakeholders for quite some time. Local authorities who have identified wake surfing activities as problematic on all or portions of their bodies of water have been asking for a way to address these issues without limiting other types of recreational activities (e.g. waterski) that may not pose a problem. Under Schedule 7 of the Regulations, wake surfing activities could be prohibited but the restriction would also apply to all towing activities. Removing wake surfing from Schedule 7 and creating a unique wake surfing schedule would respond to local authorities’ desire to address issues in a more precise manner.
New restrictions
Each year, TC receives applications from local authorities to impose or amend restrictions on navigation in order to enhance the safety of navigation, to protect the environment and/or to protect the public interest. These applications are prepared according to TC’s Local Authorities’ Guide, which provides guidance to local authorities on how to prepare a restriction submission. The Local Authorities’ Guide provides information on how to clearly describe the problem, tips on finding non-regulatory and regulatory alternatives to the Regulations, information on the consultation process, how to assess the benefits versus costs of the restriction, and advice on enforcement of restrictions. It also helps to ensure that applications are consistent with the guiding principles of the Cabinet Directive on Regulation.
Designation authority
A law enforcement entity can be designated under section 16 with the authority to enforce the Regulations. In order to be designated, a formal request must be made to TC; the request can come from any level of government —local, provincial or federal. Upon review and approval of the request, the Regulations need to be subsequently amended to include the designated person or class of persons for enforcement purposes. A designated enforcement officer may prohibit the movement of any vessel or direct it to move as specified, stop and board any vessel at a reasonable time, direct a person regarding the operation of equipment on board the vessel and request any information or documents in the possession of any person on board the vessel.
Transport Canada received an application for section 16 designation from the Windsor Port Authority. The Windsor Port Authority would like to be able to enforce the existing restrictions in Schedules 2 and 6 that are within their jurisdiction.
Administrative corrections
In the case of coordinates changes, local authorities identified some imprecision in geographic coordinates, which could create confusion for both regulated stakeholders and enforcement officers.
Objective
Engine power limits
The objective of amending subsection 2(4) of the Regulations is to provide local authorities with the opportunity and flexibility to restrict engine power on local bodies of water where higher-powered vessels could pose safety and environmental risks.
Updating exemptions
The objective of amending the exemption under paragraph 3(1)(b) is to ensure that persons with federal fishing licences can continue to benefit from the same rights as their counterparts with provincial fishing licences.
The objective of introducing a new exemption under subsection 3(1) is to ensure clarity and certainty about the existing rights of Indigenous peoples as recognized and affirmed under section 35 of the Constitution Act, 1982.
Technical requirements on signage
The objective of incorporating by reference sections 8 and 9 (technical requirements on signage) is to ensure that changes to technical requirements for signage are disseminated quickly and efficiently to authorities responsible for posting such signage on their bodies of water. In turn, more efficient communication of technical requirements for signage is expected to contribute to improvements in navigation safety for local boating communities.
Wake surfing restriction
The objective in removing wake surfing from Schedule 7 and creating a new schedule is to provide local authorities with an option to apply for a prohibition that specifically targets issues generated by wake surfing activities without having to adopt other unnecessary restrictions.
New restrictions
The objective of the new restrictions is to enhance the safety of navigation, to protect the environment and/or to protect the public interest on the identified bodies of water.
Big Tub Harbour (Ontario)
The objective of the new restrictions is to improve navigational safety and protect the public interest by prohibiting all types of vessels and implementing a maximum speed limit to decrease the risk of collision due to the narrow waterway and vessel traffic in the harbour.
Richelieu River (Quebec)
The objective of the new restrictions on the Richelieu River is to protect the public interest, address environmental concerns and improve boating safety issues caused by speeding and wake surfing, which result in the degradation of banks, deterioration of water quality and threats to the river ecosystem.
Saint-Maurice River (Quebec)
The objective of the new restrictions is to protect the public interest, increase the level of safety of navigation and improve the environmental landscape in this body of water by implementing a speed limit.
Duhamel Lake (Quebec)
The objective of the new restrictions is to improve and enhance the safety of navigation, address growing environmental concerns and protect the public interest by implementing maximum speed limits and prohibiting towing and wake surfing.
Pinawa Channel and Lee River (Manitoba)
The objective of the new restrictions is to enhance safety, protect the public interest and improve the environmental conditions by limiting towing and wake surfing under certain conditions and prohibiting wake surfing at all times within one specified segment of Lee River and one specified segment of Pinawa Channel.
Designation authority
The objective of designating port enforcement officers employed by the Port of Windsor is to provide for the enforcement of the Regulations within the limits of the Windsor Port Authority.
The objective of amending section 16, items 16, 17 and 18 is to ensure proper enforcement officer titles and responsible authorities departmental names are utilized to conserve enforcement designation status.
Administrative corrections
The objective of the amendments for correcting geographic coordinates is to ensure clarity and certainty about restrictions for water body users and enforcement officers.
Description
Engine power limits
The proposed Regulations would amend subsection 2(4) of the Regulations that prohibits operating a power-driven vessel or a vessel driven by electrical propulsion that has an engine power greater than the maximum engine power set out in Schedule 4 in waters in public parks and controlled access bodies of water. The proposed amendments would remove the reference to parks or controlled access bodies of water in subsection 2(4) and in the title of Schedule 4. These changes would allow the restriction to apply to all types of bodies of water and would provide local authorities with the option of establishing an engine power restriction on their bodies of water.
Updating exemptions
The proposed amendments would update the exemption under subsection 3(1)(b) for a person who holds a provincial fishing permit and whose livelihood depends on fishing, by adding federal fishing licences to the exemption.
In addition, the proposed amendments would make explicit an exemption to restrictions under subsections 2(1) to 2(4) to ensure clarity and certainty about the existing rights of Indigenous peoples as recognized and affirmed under section 35 of the Constitution Act, 1982. For example, an Indigenous person fishing for food, social or ceremonial purposes would be exempted from restrictions under subsections 2(1) to 2(4) as applied on the body of water where they are exercising their rights.
Technical requirements on signage
The proposed amendments would remove sections 8 and 9 from the Regulations, which contain the technical requirements on signage and incorporate by reference the signage guidelines into an existing TC publication (i.e. TP 15400E). Incorporation by reference into a Transport publication for the purpose of providing explanatory material on the Regulations is authorized by the Canada Shipping Act, 2001.
Wake surfing restriction
The proposed amendments would remove wake surfing from the existing Schedule 7 (restrictions on all towing activities) and introduce a new Schedule that specifically provides for restrictions on wake surfing. This would allow a local authority to apply for a prohibition on wake surfing without prohibiting all other towing activities, except during permitted periods. The restriction would not prohibit the use of wake surfing boats but would restrict the activity of wake surfing as described in each restriction. These proposed amendments would necessitate amendments to the Contraventions Regulations to establish a fine for the contravention of the new restriction as is currently the practice for all other restrictions under the Regulations. The amendments to the Contraventions Regulations would be introduced as part of a separate regulatory proposal following the publication of these proposed amendments in the Canada Gazette, Part II. Until amendments are made to the Contraventions Regulations, specific wake surfing prohibitions would not be enforceable via tickets.
New restrictions
The Regulations would introduce 21 new restrictions to six bodies of water in response to requests made by local authorities. These restrictions would be established on either all or a delineated area of the respective bodies of water. The new restrictions are summarized below:
| Body of water |
Restrictions |
|---|---|
Big Tub Harbour (Ontario) |
The Regulations currently prohibit all vessels on a portion of Big Tub Harbour in Tobermory, Ontario. The proposed amendments would expand the boundaries of the existing prohibition from the shore along the perimeter of the harbour to the widest portion of the channel. On the portions of Big Tub Harbour where the vessel prohibition does not apply, the proposed amendments would establish a 10 km/h speed limit from the shore to a line at the mouth of the harbour. |
Richelieu River (Quebec) |
The proposed amendments would prohibit power-driven and electric propulsion vessels along the Richelieu River from Jeannotte Island to Cerfs Island. The proposed amendments would also establish a speed limit of 10 km/h along the following 4 segments:
In addition, the proposed amendments would establish a speed limit of 50 km/h over the same section of 20 kilometres outside of the 10 km/h zones described above. The proposed amendments would prohibit towing and wake surfing at all times over the section of 20 kilometres along the Richelieu River inside the 10 km/h zone (close to shore). The proposed amendments would also prohibit towing and wake surfing at all times on the Richelieu River from the Groupe Thomas Marine to the Handfield Inn. Finally, the proposed amendments would prohibit towing and wake surfing along the Richelieu River except from 1:00 p.m. to 5:00 p.m. on Saturdays and Sundays, over the section of 20 kilometres outside the 10 km/h zone (further from shore). |
Saint-Maurice River (Quebec) |
The proposed amendments would set a speed limit of 10 km/h along a 1.5 km stretch of the Saint-Maurice River beginning in the north, a little above Ruisseau Lachapelle Beach (Dog Beach) up to the Radisson Motorway Bridge. The proposed amendments would also set a speed limit of 5 km/h on the Saint-Maurice River between the Radisson Motorway Bridge and ending at the mouth of the Saint-Lawrence River, except for waters where other restrictions apply. The proposed amendments would set a speed limit of 10 km/h on the Saint-Maurice River between south of Saint-Christophe Island to the Duplessis Bridge. |
Duhamel Lake (Quebec) |
The proposed amendments would set a speed limit of 10 km/h within 60 metres from the shore of Duhamel Lake. The proposed amendments would also set a speed limit of 30 km/h on all other parts of the lake outside of the shoreline restriction. The proposed amendments would prohibit towing and wake surfing at all times on Duhamel Lake. |
Pinawa Channel and Lee River (Manitoba) |
The proposed amendments would prohibit towing from 2:00 p.m. to 8:00 p.m. on Saturdays and Sundays, on Pinawa Channel, between the entrance to Pinawa Channel and the Old Pinawa Dam. The proposed amendments would also prohibit towing at all times on Lee River within 100 metres of the shore between the Rock Pile (the narrow passage on the Lee River) and the mouth of the Lee River. Furthermore, the proposed amendments would prohibit wake surfing at all times on Pinawa Channel between the entrance to Pinawa Channel and the Old Pinawa Dam. Finally, the proposed amendments would prohibit wake surfing at all times on Lee River between the entrance to Pinawa Channel and the Rock Pile (the narrow passage on the Lee River). |
Designation authority
The amendments would designate port enforcement officers employed by the Windsor Port Authority as enforcement officers under section 16 of the Regulations. The enforcement designation would enable these officers to enforce local restrictions within the limits of the Windsor Port Authority. There are currently three restrictions within the limits of the port: one with a full prohibition on power-driven vessels and vessels driven by electrical propulsion on a delineated portion of the Detroit River; and two speed limit restrictions on separate delineated parts of the Detroit River.
In addition, due to changes to titles of enforcement officers and departmental names from which the authorities descend, amendments to section 16, items 16, 17 and 18 would be required to properly state the title of Quebec special constables in the French version of the Regulations and update the Government of Saskatchewan’s departmental name changes and enforcement officers’ titles.
Administrative corrections
The amendments would correct the geographic coordinates, the name and/or the description for three bodies of water: one in Alberta, one in Ontario and one in Quebec. These changes are minor and would result in a slight benefit to users and enforcement officers by providing clearer descriptions and accurate geographic coordinates of each respective restriction.
Regulatory development
Consultation
A presentation on the proposal was given to stakeholders at the spring 2022 national Canadian Marine Advisory Council (CMAC) meeting of the Standing Committee on Recreational Boating. No comments were received at that time. Stakeholders who participate in these meetings include boating safety organizations, law enforcement marine units, boating safety course providers, Canadian and U.S. Coast Guards, industry, academics, and others with an interest in recreational boating. Further discussions took place at the fall 2022 CMAC. There were questions raised by industry representatives on the wake surfing schedule. Industry representatives were concerned that further restrictions were being introduced into the Regulations, and TC officials reconfirmed that wake surfing is already a restricted activity under Schedule 7 and this change is introducing the opportunity to restrict only wake surfing versus all towing activities.
An online consultation with marine stakeholders, including Indigenous groups, was held from December 7, 2022, to February 6, 2023, for a 60-day comment period. A few comments were received on the proposed new restrictions in Big Tub Harbour, Saint-Maurice River and Lac Duhamel. These comments were split between support for the new restrictions and opposition, with commenters feeling that the restrictions were going too far. Following TC’s assessment of the responses received, including the rationale provided by local authorities for the introduction of restrictions, it was decided that the safety and environmental benefits outweighed the potential negative impacts; therefore, the proposed restrictions would remain in the submission.
A significant number of comments were provided on the proposed new restrictions on the Richelieu River in Quebec. A letter campaign in opposition to the restrictions was initiated at the local level, with TC receiving approximately 450 opposing letters. The commenters stated that they did not agree with the restrictiveness of the proposal and noted that one municipality was not fully supportive, based on wording from their municipal resolution. TC has confirmed with the municipality that they are in support and have budgeted for the eventual signage requirements. This is the second time that TC has received restriction requests for the Richelieu River. Previously when opposition was voiced, the four local authorities applying for the restrictions withdrew their request and undertook further consultations. At that time, those opposed to the restrictions felt that consultations focused on the issues and not on the proposed solutions that were put forward in the amendment request. The current proposal did receive support from several commenters supporting the restrictions from a safety and environmental perspective.
The application process for local authorities is onerous, requiring both time and resources. As these local authorities have taken the time to consult further and reapply, their commitment to implementing restrictions on the Richelieu River is apparent. As well, respecting the request of local authorities is at the heart of the Minister of Transport’s mandate letter commitment to allow provinces, territories, and local authorities to have a say in managing their local waterways. For those reasons, TC has agreed to include the proposed new restrictions for Richelieu River in proposed amendments to the Regulations.
Transport Canada received over 20 supportive comments on the proposal to remove wake surfing from Schedule 7 and create a new separate schedule for that activity. A few comments, including from an industry association, against the proposal were also received. Some comments recommended a more general approach to restricting wake surfing activities along the lines of distance from shore and in certain depths were provided. In addition, many of the supporters requested that wake boarding activities be included in the new schedule for wake surfing. TC assessed the possibility of adding wake boarding to the new schedule: however, as wake boarding is a towing sport that does not require the creation of a wake, it was decided to keep it under the current Schedule 7.
Transport Canada also received supportive comments on the proposed changes to subsection 2(4) [engine power limits], with one commenter opposing the proposed changes. Many local authorities have been waiting for the possibility of using engine power limit restrictions versus speed limit restrictions, as they are easier to enforce. Engine power limits are easier to enforce than speed limit restrictions because it is difficult for enforcement officers to issue tickets for speed offences on the water. One of the constraints is that the operator must remain stable when using a speedometer and enforcement officers hesitate to solely rely on this information. On the other hand, engine power enforcement is easier to enforce because for example, if the maximum engine power is 10 hp, anything higher than 10 hp cannot be used on that body of water.
Finally, TC received one supportive comment from a First Nation community on the proposed exemption to certain restrictions in respect of the exercise of Indigenous rights.
As required by the Local Authorities’ Guide, applications for new restrictions under the Regulations require comprehensive consultations with stakeholders by local authorities in advance of submitting the restriction requests to TC. These consultations include discussions that do not solely focus on the introduction of restrictions, but also consider alternative, non-regulatory solutions. Local authorities applying for restrictions held multiple consultations with residents, businesses, and other potentially impacted stakeholders. In general, feedback received by participants supported applying for restrictions on boating operations for their respective body of water since the Regulations are seen as the most viable options for the local authorities moving forward.
Modern treaty obligations and Indigenous engagement and consultation
In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, analysis was undertaken to determine whether the proposal gives rise to modern treaty implications. This assessment examined the geographic scope and subject matter of the proposal in relation to modern treaties in effect and no modern treaty obligations were identified. The proposed restrictions were included as part of a November 2022 update on upcoming TC initiatives sent to Indigenous communities and organizations.
Instrument choice
The Regulations allow any order of government to ask the federal government to restrict the use of vessels on any body of water in Canada. Local authorities are encouraged to find non-regulatory solutions prior to seeking a regulatory restriction through the Regulations. Through consultations held by local authorities as part of the application process, alternative solutions are explored, but sometimes prove to be ineffective, thereby leaving regulatory restrictions as the only effective alternative. When local authorities have determined that there are no viable alternatives other than to establish restrictions in the Regulations, that is when an application is filed with TC.
The regulatory amendments proposed on engine power limits and wake surfing would provide local authorities with more opportunities and flexibility to establish restrictions that are specific to their unique circumstances. The current restrictions available in the Regulations limit some local authorities from applying a solution that specifically addresses their concerns. For example, local authorities would need to restrict all towing activities to address the issue of wake surfing on their local water bodies. This can result in situations where restrictions on local bodies of water are not aligned with the safety and/or environmental issues being faced by the local community. Regulatory amendments were deemed necessary to tailor the restriction options available to local authorities, thereby helping avoid situations where local authorities would have to impose additional and unwanted restrictions in order to restrict wake surfing on local bodies of water.
Enforcement officers employed by the Port of Windsor must be designated as enforcement officers in the Regulations; there are no non-regulatory options that would allow these officers to enforce the Regulations.
To ensure that the Regulations remain accurate and up to date, technical corrections are needed; there are no non-regulatory options for making such corrections.
Incorporation by Reference (IBR) would be used for the technical requirements on signage. This would ensure that changes made to the technical requirements for signage, e.g. for safety purposes, can be more rapidly disseminated than if they had to be made as amendments to the Regulations through the regulatory process, which can be time consuming. In the absence of the proposed incorporation, signage requirements set out in the Regulations would likely continue to fall out of step with published technical guidance on signage, which could result in ambiguity and confusion for local authorities. Moreover, any such ambiguity could result in signage not being consistently and appropriately updated, which could have safety implications. IBR was chosen to reduce ambiguity about signage requirements and ensure that changes to signage requirements for local boating communities are communicated and implemented in a timely manner, which could, in turn, result in safety benefits. As local authorities already rely on existing TP 15400E for updates on signage, its incorporation is not expected to result in any incremental impacts or costs for stakeholders.
Regulatory analysis
Benefits and costs
The proposed amendments would create a separate Schedule for wake surfing and establish 21 new restrictions on six bodies of water. The proposed amendments would also prohibit the operation of certain power-driven vessels, or vessels driven by electrical propulsion on local bodies of water where high-powered vessels could pose safety and environmental risks. The proposed amendments also include the designation of port enforcement officers employed by the Windsor Port Authority. Lastly, the proposed amendments would make minor administrative corrections.
Expanding restrictions would introduce costs to local authorities who have applied for a new restriction and government costs for the review and processing the applications. The proposed amendments would also introduce minor costs to the Windsor Port Authority and the government for training associated with providing designation authority to their staff.
In addition, the proposed amendments are expected to protect the environment, and improve the safety of all users of the bodies of water. Overall, it is expected that the benefits of the proposed amendments would exceed the costs by increasing safety for waterway users, avoiding negative environmental impacts, and aligning with the public interest. More detailed information on the qualitative benefits of this proposal can be found in the “Benefits” section.
The costs and benefits for the proposed amendments have been assessed in accordance with the Treasury Board Secretariat (TBS) Canadian Cost-Benefit Analysis Guide, which can be found through the Cabinet Directive on Regulation: Policy on Cost-Benefit Analysis. Where possible, impacts are quantified and monetized, with only the direct costs and benefits for stakeholders being considered in the cost-benefit analysis.
Benefits and costs associated with the proposed amendments are assessed based on comparing the baseline against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the proposed amendments. The regulatory scenario provides information on the intended outcomes as a result of the proposed amendments. Further details on these two scenarios are presented below.
Analytical framework
The analysis estimated the impact of the proposed amendments over a 10-year period from 2024 to 2033. The analysis begins in 2024 as this is the expected year of registration. Unless otherwise stated, all values are expressed in present value in 2022 Canadian dollars, discounted to the year of 2024 at a 7% discount rate.
Affected stakeholders
Given the additional restrictions being proposed, local authorities in any jurisdiction would have the option to restrict certain activities on their local bodies of water. Further, the local authorities in Big Tub Harbour (Ontario), Richelieu River (Quebec), Saint-Maurice River (Quebec), Duhamel Lake (Quebec) and Pinawa Channel and Lee River (Manitoba) areas would specifically be impacted by the proposed amendments as the bodies of water in their jurisdictions are directly impacted by the proposed amendments. Local authorities would also be responsible for costs associated with the 21 restrictions on their six bodies of water.
Members of the public living near the water bodies would be impacted by the restrictions affecting the leisure opportunities for those who use those waters. However, the restrictions would also improve safety for users of the bodies of water. In addition to users of the bodies of water, the restrictions would also potentially impact businesses that offer towing activity services.
The proposed amendments would also impact the Windsor Port Authority as three of their enforcement officers would be required to complete TC training in order to obtain designation authority.
Baseline and regulatory scenarios
Under the baseline scenario, the Regulations restrict vessel activities and navigation in specified Canadian bodies of water as set out in the Schedules to the Regulations. However, the Regulations would not introduce a separate Schedule for restrictions on wake surfing or include amendments to prohibit the operation of certain power-driven vessels, or vessels driven by electrical propulsion on all bodies of water. In the baseline scenario, the six bodies of water - Big Tub Harbour (Ontario), Richelieu River (Quebec), Saint-Maurice River (Quebec), Duhamel Lake (Quebec) and Pinawa Channel and Lee River (Manitoba) - are not included in the regulated Schedules. The Regulations would also not give designation authority to port enforcement officers employed by the Windsor Port Authority, which would mean that the Regulations would not be enforceable by Windsor port enforcement officers in the Windsor region. In addition, while the rights of Indigenous peoples have always been protected under the Regulations, they are not clearly prescribed in the Regulations. Sections of the Regulations related to technical requirements on signage would remain as is and would not be incorporated by reference into a Transport Publication. Lastly, some geographic coordinates would remain imprecise or inaccurate, which could create ambiguity for stakeholders and enforcement officers.
Under the regulatory scenario, the proposed amendments would include amendments to create a separate Schedule for wake surfing and 21 restrictions on six bodies of water. It would include amendments to allow for the prohibition (on the request of local authorities) of certain power-driven vessels, or vessels driven by electrical propulsion on any body of water covered under the Regulations (i.e. not just controlled access bodies of water or bodies of water within a public park). The proposed amendments would also designate port enforcement officers employed by the Windsor Port Authority as enforcement officers, and to address minor administrative updates. In addition, the proposed amendments would include an exemption to specific restrictions (e.g. operating a vessel in restricted waters) to ensure clarity and certainty about the rights of Indigenous peoples as recognized and affirmed under section 35 of the Constitution Act, 1982. Lastly, sections 8 and 9 would be removed from the Regulations, which contain the technical requirements on signage, and the signage requirements would be incorporated by reference.
Certain amendments under the regulatory scenario would result in no costs. Specifically, these include amendments related to the technical requirements on signage, Indigenous rights, and administrative corrections. These amendments are described below.
Technical requirements on signage
A Transport Publication (TP 15400E) already exists, which provides technical guidance and updates about requirements in sections 8 and 9 in the Regulations. As all affected stakeholders already rely on this TP, and make all updates accordingly, no incremental costs associated with incorporating this TP by reference in the Regulations are anticipated.
Updating exemptions
Indigenous peoples are currently exempted from specific restrictions (e.g. operating a vessel in restricted waters) to affirm their existing rights as recognized under section 35 of the Constitution Act, 1982. As such, no incremental costs associated with making these exemptions explicit in the Regulations are anticipated.
Similarly, as a best practice, TC already provides exemptions from vessel operation restrictions to persons who hold a federal fishing licence. As a result, no incremental costs associated with this amendment are anticipated.
Administrative corrections
Updating the geographic coordinates, the name and/or description for three bodies of water is not expected to result in any costs as these changes are made to provide clearer descriptions and accurate geographic coordinates of each respective restriction.
Costs
The total costs for the proposed amendments were estimated to be $3.17 million (M) between 2024 and 2033 where $3.01M would be incurred by the impacted stakeholders and $0.16M would be incurred by the Government of Canada (as an opportunity cost). Transport Canada will cover these costs through existing resources.
Engine power limits
The proposed amendments would expand Subsection 2(4) of the Regulations to include all types of bodies of water. This would result in an increase in the number of applications received by TC for engine power restrictions by local authorities. According to subject matter experts at TC, this expansion of Subsection 2(4) is expected to result in three new applications per year being submitted by local authorities to TC between 2025 and 2027. After that, it is assumed that one new application per year would be submitted for the remaining years (2028 to 2033).
It was estimated that local authorities would need 2,380 hours to complete one application,footnote 1 at an hourly wage of $37.54.footnote 2 Once a submission is received by TC, it would take, on average, 80 hours for a boating safety officer (GT-04 classification), at an hourly wage of $50.33, and 45 hours for a program officer (PM-05 classification), at an hourly wage of $61.42,footnote 3 to review and process each application.
As a result, local authorities would incur a total cost of $1.05M for the preparation and submission of additional applications and TC would incur a total cost of $79.88 thousand (K) to review and process these applications, for a total cost of $1.13M between 2024 and 2033.
In the baseline, local authorities that want to specify an engine power limit on their local body of water would need to apply for another form of restriction in order to address issues from engine power on their bodies of water that are not in public parks or controlled access bodies of water. As a result, this amendment could lead to a reduction in applications being received for other Schedules; however, TC is not able to determine the exact impact this proposed amendment would have on other Schedules.footnote 4
Wake surfing restrictionfootnote 5
The proposed amendments would introduce a separate Schedule targeting wake surfing, which would allow a local authority to apply for a prohibition to operate a power-driven vessel or a vessel driven by electrical propulsion for the purpose of allowing a person to wake surf, except during permitted periods. Three restrictions have come into force over the past 10 years (2012 to 2022) to address towing and wake surfing under Schedule 7. This amendment is expected to result in an increase in applications compared to the baseline. According to subject matter experts at TC, is it assumed that three new applications per year would be submitted by local authorities above current levels to TC between 2025 and 2027. After that, it is assumed that one new application per year above current levels would be submitted for the remaining years (2028 to 2033).
Using the same time and wage application estimates previously defined under Engine Power Limits, local authorities would incur a total cost of $1.05M for the preparation and submission of additional applications and TC would incur a total cost of $79.88K to review and approve the increased number of applications, for a total cost of $1.13M between 2024 and 2033.
Further, the signage used for Schedule 7 would not suffice for the new wake surfing restriction in Schedule 7.1. As a result, approximately 93 local authorities who currently have a Schedule 7 restriction would be required to purchase signage to identify the wake surfing restriction on their bodies of water under the new Schedule 7.1. According to subject matter experts at TC, it is estimated that new signage would cost approximately $1,000 for each local authority in the first year (2024), for a total cost of $93K in 2024. Local authorities would also incur a cost for ongoing maintenance of the new signage. According to subject matter experts at TC, this is estimated to be $50 per year (per local authority), for a total maintenance cost of $34.95K.
New restrictions
The local authorities of the 21 new restrictions on the Big Tug Harbour (Ontario), Richelieu River (Quebec), Saint-Maurice River (Quebec), Duhamel Lake (Quebec) and Pinawa Channel and Lee River (Manitoba) would incur costs, as the local authorities would be responsible for signage and raising awareness and communicating to the public about the existence of new restrictions. It is expected that each body of water would incur a one-time signage installation cost in the first year (2024) when the proposed amendments would be implemented, and ongoing maintenance costs of signage, buoys, or other similar types of infrastructure in the following years. While local authorities would see a slight increase in their enforcement responsibilities due to the new restrictions, it would not necessarily translate into a significant increase in the level of effort to perform enforcement responsibilities. These additional enforcement efforts would be managed within existing resources for five out of the six local authorities, except for the local authority for Saint-Maurice River which would incur costs for additional police presence.
The total cost to the six local authorities for the 21 new restrictions are estimated to be $775.74K. The costs presented below were received directly from the local authorities. Costs per local authority vary.
Big Tug Harbour (Ontario)
The restrictions being proposed for Big Tug Harbour would result in the purchase and installation of additional buoys by the local authority. According to the local authority, they expect to purchase and install two new buoys to mark the Schedule 6 area at a cost of $2,400 in the first year (2024). The buoys marking the current Schedule 1 area are in good condition and can be relocated to mark the new Schedule 1 boundary outlined in the proposal. As a result, no new buoys are expected to be purchased by the local authority for the new Schedule 1 boundary.
The local authority would also incur maintenance costs associated with the two new buoys in the Schedule 6 area. According to the local authority, total maintenance costs incurred would be $5,449footnote 6 between 2024 and 2033. There are no incremental maintenance costs for Schedule 1 as these buoys already exist and are being maintained by the local authority.
As a result, the local authority for Big Tug Harbour would incur a total cost of $7,849 between 2024 and 2033.
Richelieu River (Quebec)
The restrictions being proposed on the Richelieu River would result in costs being incurred by the local authorities for the purchase and installation of buoys and land traffic signs, and their associated maintenance costs. According to the local authorities, they are expected to purchase 40 new buoys at a total cost of $32K and an installation cost of $200K, both to be incurred in the first year (2024). The local authorities are also expected to purchase 150 land traffic signs at a total cost of $15K and an installation cost of $15K, both to be incurred in the first year (2024).
The local authorities would also incur maintenance costs associated with the new buoys and land traffic signs. According to the local authorities, total maintenance costs incurred would be $150.3Kfootnote 7 between 2024 and 2033.
As a result, the local authorities for the Richelieu River would incur a total cost of $412.3K between 2024 and 2033.
Saint-Maurice River (Quebec)
The restrictions being proposed on the Saint-Maurice River would result in costs being incurred by the local authority for the purchase and maintenance of buoys, increased police presence and a communications plan. According to the local authority, they are expected to purchase new buoys at a cost of a $20K to be incurred in the first year (2024), as well as associated maintenance costs of $37.58Kfootnote 8 between 2024 and 2033.
In addition, the local authority would incur a cost of $20K in the first year (2024) for the development and implementation of a communications plan, as well as a cost of $70.2Kfootnote 9 in the first three years (2024 to 2026) for police presence.
As a result, the local authority for the Saint-Maurice River would incur a total cost of $147.8K between 2024 and 2033.
Duhamel Lake (Quebec)
The restrictions being proposed on the Duhamel Lake would result in costs being incurred for the purchase and installation of buoys, as well as costs associated with explanatory leaflets. According to the local authority, they are expected to purchase 10 new buoys at a cost of $12,250 and an installation cost of $1,500, both to be incurred in the first year (2024). The local authority is also expected to incur costs for signs and printing of explanatory leaflets at a cost of $2,000 in the first year (2024). In addition to these costs, the local authority has also included 5% contingency ($787).
The local authority would also incur maintenance costs associated with the new buoys and land traffic signs. According to the local authority, maintenance costs are estimated to be $18.79Kfootnote 10 between 2024 and 2033.
As a result, the local authority for the Duhamel Lake would incur a total cost of $35.3K between 2024 and 2033.
Pinawa Channel and Lee River (Manitoba)
According to the local authority, the restrictions being proposed on the Pinawa Channel and Lee River would result in costs being incurred by the local authority for signage and their associated maintenance costs, promotional material and raising public awareness about the existence of new restrictions through an education campaign. According to the local authority, signage is estimated to cost $71.1K and would be incurred in the first year (2024). Further, maintenance costs for signage are expected to total $18.53Kfootnote 11 and would be incurred in 2027 and 2030.
In addition, the local authority is expected to incur costs for water safety advertising and promotional materials. According to the local authority, advertising and promotional materials would incur a cost of $74.4Kfootnote 12 between 2024 and 2033.
The local authority would also incur costs associated with the education campaign to raise public awareness about the existence of new restrictions. According to the local authority, it would take three staff members, at an hourly wage of $37.50, 10 hours each per year to implement, execute and maintain the education campaign that would work in conjunction with the proposed amendments. The total cost would be $8,455 from 2024 to 2033.
As a result, the local authority for Pinawa Channel and Lee River would incur a total cost of $172.5K between 2024 and 2033.
Designation authority
The proposed amendments would provide designation authority to port enforcement officers employed by the Windsor Port Authority. This would require port enforcement officers to take TC training and TC to update their current training materials. According to subject matter experts at TC, it would take five hours for a boating safety officer (GT-04 classification), at an hourly rate of $50.33, to update TC training materials. This would result in a cost of $251.70 to TC in the first year (2024).
The TC training is expected to take three port enforcement officers one business day each (7.5 hours) to complete in the first year (2024), at an hourly rate of $93.05.footnote 13 At the same time, it would take a boating safety officer (GT-04 classification) one business day (7.5 hours), at an hourly wage of $50.33, to administer the training in the first year (2024). This would result in a cost of $2,094 for port enforcement officers to complete the training and $377.50 for TC to administer the training in the first year (2024).
As a result, TC would incur a cost of $629.20 to update and administer training and the Windsor Port Authority would incur a cost of $2,094 for officers to complete training, for a total cost of $2,723 in the first year (2024). In addition, providing designation authority would result in a slight increase to the enforcement responsibilities of the port enforcement officers; however the increase in responsibilities is not considered significant and would be managed with existing staff.
Qualitative impacts
Impacts on local businesses
For the Richelieu River, Duhamel Lake, and Pinawa Channel and Lee River, restrictions on towing activities could impact local businesses that provide this service. However, only three bodies of water are prohibiting towing activities at all times - a portion of the Richelieu River and Lee River, and on the entirety of Duhamel Lake. Impacted local businesses near Duhamel Lake are expected to experience minimal impacts as Lake Tremblant is in close proximity and more appropriate for towing activities, even though towing activities are expected to continue at bodies of water in close proximity for those affected by the restrictions at the Pinawa Channel and Lee River. Further, for the restrictions on the Richelieu River, it is expected that losses incurred from a decrease in opportunities for water sport enthusiasts (towing sports) would be largely offset by an increase in sales of human-powered boats or small motorized boats (e.g. canoes, kayaks, fishing boats).
Impacts to users of the bodies of water
The users of the six bodies of water could be negatively affected by the proposed amendments. Big Tug Harbour boaters would forego the opportunity to operate power-driven and electric propulsion vessels over 10 km/hour.
Richelieu River boaters would forego the opportunities to operate power-driven and electric propulsion vessels on specific segments of the river, as they would not be able to operate the same type of vessels over 10 km/h within four specified segments of the Richelieu River and 50 km/h for the remainder of a 20 km segment of the Richelieu River, nor would they be able to take part in towing and wake surfing activities at all times on the 10 km/h specified segments of the Richelieu River and during specified weekend hours on one specified segment.
Saint-Maurice River boaters would have to follow speed limits of 5 km/h and 10 km/h within three specified segments when operating power-driven and electric propulsion vessels.
Duhamel Lake boaters would also have to follow speed limits of 10 km/h within 60 m from shore and 30 km/h for the remainder of Duhamel Lake when operating power-driven and electric propulsion vessels. Duhamel Lake boaters would also forego the opportunities to partake in towing and wake surfing activities on this body of water.
Pinawa Channel and Lee River boaters would no longer be able to participate in towing and wake surfing activities within 100 m from shore on a specified segment of Lee River and within a specified time on Saturdays and Sundays within a specified segment of Pinawa Channel. Boaters would also be subject to a wake surfing prohibition at all times within one specified segment of Lee River and one specified segment of Pinawa Channel.
Further, a separate schedule that would target wake surfing would allow local authorities to apply for a prohibition to operate a power-driven vessel or a vessel driven by electrical propulsion for the purpose of allowing a person to wake surf, except during permitted periods. It is expected that the introduction of the new Schedule would increase the number of local authorities applying for this type of restriction. As a result, more boaters would no longer be able to participate in wake surfing activities as they do today.
Therefore, some of these recreational boaters would incur loss of leisure because they would no longer be allowed to operate their boats beyond the new restrictions; however, this was not monetized due to lack of data.
Benefits
The proposed amendments are expected to improve the overall safety for waterway users, avoid negative environmental impacts, and align with the public interest. The total benefits associated with the proposed amendments are not able to be monetized or quantified; however, a detailed qualitative benefit analysis is provided below.
The proposed restriction targeting wake surfing would result in restrictions being targeted to wake surfing only, and not all types of towing activities that have not been identified as an issue. This could result in an increase of leisure for boaters. For example, TC has heard from stakeholders that under certain circumstances, the wake produced for the wake surfing activity can prove to be unsafe for other recreational activities (e.g. waterskiing) or the use of smaller vessels or human-powered vessels (e.g. kayak, canoe). The restriction would provide for a safer environment for multi-purpose usage of bodies of water.
New restriction applications
One of the main objectives of the Duhamel Lake in the province of Quebec and the Pinawa Channel and Lee River project in Manitoba is to create a safer waterway by removing negative environmental impacts occurring from wake surfing activities, towing activities during peak times, and vessel operations occurring too close to shorelines. More specifically, Duhamel Lake has encountered safety issues due to the speed of boats as well as the waves they generate (risky swimming and compromised safety for pontoons and small boats), environmental problems (erosion of banks, disappearance of beaches, spread of Eurasian watermilfoil and resuspension of sediments related to navigation and wave production) and problems of public interest (breaking of quays or infrastructure, such as water intakes or moored boats).
The proposed amendments would also provide a benefit by protecting the shorelines from erosion caused by strong wake, specifically along the narrow Pinawa Channel and the narrow section of the Lee River. The continued use of wake boats, specifically on the Pinawa Channel and the narrow sections of the Lee River, has contributed to accelerated shoreline erosion, caused damage to personal property, swamped boats of other recreational users, and created a growing safety concern along the waterways.
With regard to the proposed restrictions on Big Tug Harbour in the province of Ontario, the benefits would focus on ensuring that fewer conflicts occur between users, that commercial vessels have safe access at designated times and that limits can be set to balance the interests of adjacent residents and VORR area users.
In addition, the benefit of the proposed restrictions on the Richelieu River in the province of Quebec would focus on water safety for all users. Implementing a maximum speed limit would balance the right to navigate and enjoy recreational water activities through the use of motorized vessel activities in specified areas. The Richelieu River accommodates high traffic levels and is very narrow and shallow in places, and the volume of boat traffic, speed, noise and wake (waves observed over one metre) introduces boating safety problems, poses a risk to safety on private docks (danger of people falling off the dock and into the water) and leads to a loss of enjoyment for residents. These restrictions provide an enhanced management that should allow for the harmonization of various water activities on these bodies of water in a safe and respectful manner. Further, the proposed restrictions would improve water quality and bank erosion. Similar benefits would be realized for the proposed restrictions on the Saint-Maurice River and Duhamel Lake in Quebec.
Lastly, it is expected that reduced speeds and limitations in areas of navigation would bring environmental benefits, such as less disruption of sediment, which would improve water quality. Furthermore, reduced speed equals smaller and slower wakes from vessel activity. This would not only provide environmental benefits in terms of reduced shore degradation and erosion, it would also protect properties and infrastructure along the shoreline. It would help avoid property devaluation by reducing physical damage and advanced aging of the bodies of waterfootnote 14 and their shoreline. Further, information received from the local authorities has indicated that the 21 new restrictions could potentially result in safer water conditions. Canada’s lakes and rivers differ in size, depth and demographics. The restrictions proposed target bodies of water or parts of them where issues have been raised such as high-traffic areas where speed can be a safety issue, narrow parts where risks of collision are higher and wake disturbance created by wake surfing activities can impact the safe usage of smaller vessels.
Technical requirements on signage
Removing sections 8 and 9 from the Regulations and incorporating by reference the signage guidelines into an existing Transport Canada publication would improve navigation safety by ensuring that changes to technical requirements for signage can be disseminated faster to authorities responsible for posting such signage on their bodies of water and ensure that new or amended restrictions are clearly communicated to the local boating community.
Designation authority
Designating the port enforcement officers employed by the Port of Windsor as enforcement agents under the Regulations would be beneficial to the city’s law enforcement operations and would result in enhanced oversight of the restricted areas within the limits of the Windsor Port Authority, ensuring safe navigation during boating season.
Administrative corrections
The objectives of the proposed amendments for correcting geographic coordinates are to ensure that the most reliable and up-to-date information is contained within the Regulations. There may be marginal safety benefits realized by correcting geographic coordinates listed in the Schedules to the Regulations. These corrections would allow water body users to know the correct locations of the restrictions and to act accordingly in those areas to ensure the safety and protection of all users, the environment, and the public interest. There would be minimal savings for concerned authorities/enforcement agencies through reduced compliance calls regarding confusion in geographic location identifiers.
Cost-benefit statement
- Number of years: 10 (2024 to 2033)
- Base year for costing: 2022
- Present value base year: 2024
- Discount rate: 7%
| Impacted stakeholder | Description of cost | 2024 | Annual average (2025–2032) | 2033 | Total (Present value) |
Annualized value |
|---|---|---|---|---|---|---|
| Local authorities | Preparing and submitting applications for Subsection 2(4) | $0 | $125,298 | $48,595 | $1,050,975 | $149,635 |
| Preparing and submitting applications for wake surfing | $0 | $125,298 | $48,595 | $1,050,975 | $149,635 | |
| New signage for Schedule 7.1 | $97,650 | $3,471 | $2,529 | $127,946 | $18,217 | |
| Restrictions on Big Tug Harbour | $3,125 | $541 | $394 | $7,849 | $1,117 | |
| Restrictions on Richelieu River | $282,000 | $14,928 | $10,879 | $412,305 | $58,703 | |
| Restrictions on Saint-Maurice River | $70,000 | $9,382 | $2,720 | $147,777 | $21,040 | |
| Restrictions on Duhamel Lake | $19,037 | $1,866 | $1,360 | $35,325 | $5,029 | |
| Restrictions on Pinawa Channel and Lee River | $82,125 | $10,546 | $5,997 | $172,488 | $24,558 | |
| Sub-total (local authorities) | $553,937 | $291,329 | $121,068 | $3,005,639 | $427,935 | |
| Port Authority | Completing TC training | $2,094 | $0 | $0 | $2,094 | $298 |
| Transport Canada | Updating TC training | $252 | $0 | $0 | $252 | $36 |
| Administering TC training | $378 | $0 | $0 | $378 | $54 | |
| Reviewing and approving applications for subsection 2(4) | $0 | $9,524 | $3,694 | $79,883 | $11,374 | |
| Reviewing and approving applications wake surfing | $0 | $9,524 | $3,694 | $79,883 | $11,374 | |
| Sub-total (Transport Canada) | $629 | $19,047 | $7,387 | $162,489 | $23,135 | |
| All stakeholders | Total costs | $556,660 | $310,377 | $128,455 | $3,168,128 | $451,070 |
Qualitative impacts
Positive impacts
- Wake surfing restrictions could increase leisure for some users as the wake produced by wake surfing can prove to be unsafe for other recreational activities.
- The new restrictions on the six bodies of water are expected to create a safer and more enjoyable experience for water users and reduce impacts on the environment.
- Designating the port enforcement officers employed by the Windsor Port Authority as enforcement agents would result in enhanced oversight of the restricted areas within the limits of the Windsor Port Authority, ensuring safe navigation during boating season.
- The administrative corrections of the geographical coordinates may result in marginal safety benefits realized by correcting geographic coordinates listed in the Schedules to the Regulations.
Negative impacts
- Local businesses that provide services related to towing activities would be impacted due to the new wake surfing restrictions.
- Boat users on the impacted bodies of water would be impacted as they would now experience limitations on some of their activities.
Small business lens
Analysis conducted under the small business lens concluded that there would be no associated impacts on businesses.
One-for-one rule
The one-for-one rule does not apply as the proposed amendments would not result in an incremental change in administrative burden for business.
Regulatory cooperation and alignment
The amendments are not related to a work plan or commitment under a formal regulatory cooperation forum. Local authorities are responsible for regulatory enforcement. When filing an application for new restrictions under the Regulations, local authorities must agree to apply and be responsible for new restrictions within their jurisdiction.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, and the Transport Canada Policy Statement on Strategic Environmental Assessment (2013), the strategic environmental assessment (SEA) process was followed for this proposal and a Sustainable Transportation Assessment was completed. In general, no important environmental effects are anticipated as a result of this proposal. It should be noted that marginal benefits may be expected from the new restrictions on wake surfing in terms of alleviating shoreline erosion. The assessment took into account potential effects to the environmental goals and targets of the Federal Sustainable Development Strategy (FSDS).
Gender-based analysis plus
Due to a lack of data on body of water users across the country, a qualitative assessment of gender, demographic and regional characteristics was the only feasible option for analysis. At any given time, the demographic characteristics of body of water users can differ significantly.
Based on unofficial data and general assumption, the restriction on wake surfing is expected to differentially and disproportionately impact water body users on the basis of age, specifically on youth who are recognized as the segment of the population who participate in greater numbers in wake surfing activities. The restriction would specifically result in a loss of leisure opportunity for wake surfers on sections of bodies of water or bodies of water entirely, and in some circumstances on times of the day where wake surfing is allowed.
The proposed amendments are also expected to provide greater clarity and certainty about Indigenous rights in areas with restrictions prohibiting all or certain types of vessels, which is expected to have a positive impact for Indigenous peoples.
The remaining proposed regulatory amendments in terms of prohibiting access to certain bodies of water, limiting speeds or prohibiting types of vessels are not expected to have any other differential impacts on the basis of identity factors, such as sex, gender, sexuality, race, religion, etc. Similar to how rules of the road apply to all individuals driving a vehicle or using a roadway, these restrictions, and their enforcement, apply to any vessel users of a body of water with navigational restrictions.
Prior to submitting applications for restrictions, local authorities attempt other types of mitigation measures. Local authorities also determine how to balance permissible activities on local bodies of water against the consideration of numerous factors, including safety and environmental risks and overall user enjoyment.
Implementation, compliance and enforcement, and service standards
The proposed Regulations would come into force on the day on which they are published in the Canada Gazette, Part II.
Local authorities in Manitoba, Ontario and Quebec who have applied for restrictions would be informed by Regional Office of Boating Safety officials via a direct call to the sponsor of the application of the coming into force of the proposed Regulations once they are published and of their responsibilities as a local authority now administering restrictions on bodies of water under their jurisdiction. These responsibilities include
- informing the public and waterway users about the restrictions;
- creating, installing, and maintaining signage, including incurring all costs; and
- enforcing compliance.
Matters pertaining to navigation and shipping fall under the jurisdiction of the federal government, and the philosophy behind the Regulations is one of partnership between federal, provincial, and local governments. Through an existing program, regional TC officials provide regulatory briefings and other support to assist local enforcement agencies in their functions.
In anticipation of the amendments, TC, through the applicable regional Office of Boating Safety officials, will provide training to the future designated enforcement officers who will be authorized to enforce the Regulations. Regional Office of Boating Safety officials are available to provide additional training or support, as required. Enforcement officers have a range of tools available to them and the latitude to apply an appropriate tool to a particular violation. These tools include, but are not limited to, providing educational information, fostering awareness of what constitutes safe boating, the ability to issue a warning or multiple warnings and, if required, issuing tickets with fines. The decision on how to proceed is left solely to the judgment of the enforcement officer. The table in section 16 of the Regulations sets out the persons or classes of persons that are appointed or specified as enforcement officers under these Regulations and section 17 further details the powers delegated to them.
In the future, any amendments to the signage requirements would involve updating the Signage Guide (PDF), which would be incorporated by reference into the Regulations. Updates would be communicated to stakeholders via email notification from TC’s Canadian Marine Advisory Council distribution list and the regional Office of Boating Safety distribution lists. The email would include a detailed list of all relevant changes and a link to the Transport Publication which is available at no cost on TC’s website. Additionally, the TC website would include a NEW heading with the date and details of each amendment in both English and French so that users are aware of any changes since the last time they may have visited the website. All changes to the Signage Guide would be appropriately reviewed and validated to ensure that they remain consistent with the Canada Shipping Act 2001 and regulations. The Guide would remain available to stakeholders free of charge on the TC website in both English and French. TP15400E is currently available in an accessible format.
The Contravention Regulations, made pursuant to the Contraventions Act, set out prescribed fine amounts for contraventions of regulations, including regulations made under the CSA 2001. A schedule to the Contraventions Regulations sets out specific contravention amounts to a maximum of $500 for violations. Enforcement is by way of summary conviction or ticketing under the Contraventions Act. While proposed amendments to the Regulations would remove restrictions on wake surfing from Schedule 7 and set them out in a new Schedule, tickets for contravening these restrictions would not be issued until consequential amendments to the Contravention Regulations come into force, following publication of these proposed amendments in the Canada Gazette, Part II.
Contact
Vessel Operation Restriction Regulations
Manager
Legislative, Regulatory and International Affairs
Marine Safety and Security
Transport Canada
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Email: MSSRegulations-ReglementsSSM@tc.gc.ca
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Vessel Operation Restriction Regulations under subsection 136(1)footnote a of the Canada Shipping Act, 2001 footnote b.
Interested persons may make representations concerning the proposed Regulations within 60 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Manager, Legislative, Regulatory and International Affairs, Marine Safety and Security, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (email: MSSRegulations-ReglementsSSM@tc.gc.ca).
Ottawa, June 8, 2023
Wendy Nixon
Assistant Clerk of the Privy Council
Regulations Amending the Vessel Operation Restriction Regulations
Amendments
1 (1) Subsection 2(4) of the Vessel Operation Restriction Regulations footnote 16 is replaced by the following:
(4) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion that has an engine power greater than the maximum engine power set out in column 4 of Schedule 4 in the waters described in columns 1 to 3 of that Schedule.
(2) Subsection 2(6) of the Regulations is replaced by the following:
(6) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in the waters described in Schedule 7 for the purpose of towing a person on water skis or on any other sporting or recreational equipment, except during the permitted hours set out in that Schedule.
(6.1) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in the waters described Schedule 7.1 for the purpose of allowing a person to wake surf, except during the permitted hours set out in that Schedule.
2 Subsection 3(1) of the Regulations is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:
- (b) a person who holds a provincial or federal fishing permit and whose livelihood depends on fishing; or
- (c) a person who is operating a vessel for the purpose of exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982.
3 Paragraph 5(a) of the Regulations is replaced by the following:
- (a) the placement has been authorized by the Minister under subsection 6(1) and, except in the case of a sign that provides information with respect to a restriction referred to in subsection 2(7) or section 14, the sign meets the requirements set out in the standard entitled Signage Requirements and Recommendations — Vessel Operation Restriction Regulations, published by the Department of Transport, as amended from time to time; or
4 Paragraph 6(2)(b) of the Regulations is replaced by the following:
- (b) maintain the sign, while the sign is in place, in the form required by the standard entitled Signage Requirements and Recommendations — Vessel Operation Restriction Regulations, published by the Department of Transport, as amended from time to time.
5 Sections 8 and 9 of the Regulations are repealed.
| Item | Column 1 Persons or classes of persons |
|---|---|
| 16 | A person employed as community safety officer by the Saskatchewan Ministry of Corrections, Policing and Public Safety and appointed as special constable under Saskatchewan’s The Police Act, 1990, S.S. 1990-91, c. P-15.01 |
| 17 | A person employed as conservation officer by the Saskatchewan Ministry of Corrections, Policing and Public Safety and appointed as special constable under Saskatchewan’s The Police Act, 1990, S.S. 1990-91, c. P-15.01 |
| Article | Colonne 1 Personnes ou catégories de personnes |
|---|---|
| 18 | Constable spécial ou inspecteur municipal des entités suivantes au Québec : municipalité d’Austin, municipalité d’Ayer’s Cliff, canton de Potton, canton de Stanstead, canton de Hatley, municipalité de Hatley, ville de Magog, municipalité régionale de comté de Memphrémagog, municipalité du village de North Hatley, municipalité d’Ogden, municipalité de Sainte-Catherine-de-Hatley, municipalité d’Adstock, municipalité de Lambton, municipalité de Saint-Romain, municipalité de Saint-Joseph-de-Coleraine, municipalité de Sainte-Praxède, municipalité de Stornoway, ville de Lac-Brome, municipalité de Saint-Ferdinand, municipalité de Saint-Adolphe-d’Howard, ville d’Estérel, ville de Sainte-Agathe-des-Monts, municipalité du canton d’Orford, municipalité de Saint-Hippolyte, municipalité d’Ivry-sur-le-Lac et municipalité de Lac-Simon |
| Item | Column 1 Persons or classes of persons |
Column 2 Geographic location |
|---|---|---|
| 29 | An enforcement officer appointed under the Canada Marine Act and employed by the Windsor Port Authority | Windsor Port |
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
|---|---|
| 16 | That part of Wabamun Lake that is a zone extending 100 m into the lake from the shoreline of the area indicated by signs and buoys to be the Wabamun Lake Provincial Park beach area or swim area |
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
Column 3 Location Reference (Gazetteer of Canada Reference System) |
|---|---|---|
| 4 | That part of Big Tub Harbour, Tobermory, west of a line connecting a point at coordinates 45°15′23.4″ 81°40′44.8″ and a point at coordinates 45°15′19.7″ 81°40′42.4″ | 45°15′23.21″ 81°40′36.52″ |
| Item | Column 3 Location Reference (Gazetteer of Canada Reference System) |
|---|---|
| 5 | 45°15′23.21″ 81°40′36.52″ |
| 6 | 45°15′23.21″ 81°40′36.52″ |
| Item | Column 1 Name Given by the Répertoire toponymique du |
Column 2 Local Name |
Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|---|---|
| 40 | That part of the Richelieu River from Jeannotte Island at coordinates 45°38′51.3″ 73°12′07″ to Cerfs Island at coordinates 45°38′43.7″ 73°12′06.3″ | Richelieu River | 45°42′43″ 73°11′28″ |
11 The heading of Schedule 4 to the Regulations is replaced by the following:
Waters on Which Power-driven Vessels and Vessels Driven by Electrical Propulsion Are Subject to an Engine Power Limit
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
Column 2 Specific Location |
Column 3 Location Reference (Gazetteer of Canada Reference System) |
Column 4 Maximum Speed in km/h Over the Ground |
|---|---|---|---|---|
| 29 | That part of Big Tub Harbour, Tobermory, from the shore to a line connecting a point at coordinates 45°15′29″ 81°40′21″ and a point at coordinates 45°15′29″ 81°40′02″, except for the waters described in items 4, 5 and 6 of Part 2 of Schedule 1 | 45°15′23.21″ 81°40′36.52″ |
10 |
| Item | Column 1 Name Given by the Répertoire toponymique du Québec or Description |
|---|---|
| 258 | Bleu Lake, within 20 m of the shore, except where power-driven vessels and vessels driven by electrical propulsion that have an aggregate maximum power greater than 7.5 kW are prohibited in accordance with item 252 of Part 5 of Schedule 3 (see Note 4) |
| Item | Column 1 Name Given by the Répertoire toponymique du Québec or Description |
Column 2 Local Name |
Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
Column 4 Maximum Speed in km/h |
|---|---|---|---|---|
| 340 | That part of the Saint-Maurice River between a line connecting points at coordinates 46°22′13.51″ 72°34′39.44″ and 46°22′07.51″ 72°34′44.60″ and a line connecting points at coordinates 46°22′05.20″ 72°33′26.81″ and 46°21′55.38″ 72°33′27.93″ | Saint-Maurice River | 46°20′58″ 72°31′44″ |
10 |
| 341 | That part of the Saint-Maurice River between a line connecting points at coordinates 46°22′05.20″ 72°33′26.81″ and 46°21′55.38″ 72°33′27.93″ and a line beginning at a point at coordinates 46°21′34.05″ 72°30′24.82″ to a point at coordinates 46°21′23.32″ 72°30′24.24″ and ending at a point at coordinates 46°20′50.87″ 72°31′50.70″, except where the speed limit set out in item 342 applies and where the prohibition set out in item 8 of Part 6 of Schedule 1 applies | Saint-Maurice River | 46°20′58″ 72°31′44″ |
5 |
| 342 | That part of the Saint-Maurice River that is south of Saint-Christophe Island between a line connecting points at coordinates 46°21′57.01″ 72°32′48.81″ and 46°21′47.88″ 72°32′56.34″ and a line connecting points at coordinates 46°21′32.88″ 72°32′08.44″ and 46°21′23.83″ 72°32′20.05″ |
Saint-Maurice River | 46°20′58″ 72°31′44″ |
10 |
| 343 | Within 60 m from the shore of Duhamel Lake | Duhamel Lake | 46°08′31″ 74°38′16″ |
10 |
| 344 | Duhamel Lake outside the zone described in item 343 | Duhamel Lake | 46°08′31″ 74°38′16″ |
30 |
| 345 | Within 50 m from the shore of the Richelieu River between the points at coordinates 45°49′43.7″ 73°08′27.5″ and 45°37′40.3″ 73°11′06.5″ |
Richelieu River | 45°42′43″ 73°11′28″ |
10 |
| 346 | That part of the Richelieu River from the Bellevue Campsite at coordinates 45°38′01.8″ 73°11′17.4″ to the Groupe Thomas Marine at coordinates 45°39′36.6″ 73°11′49.2″ | Richelieu River | 45°42′43″ 73°11′28″ |
10 |
| 347 | That part of the Richelieu River from the Handfield Inn at coordinates 45°40′20″ 73°11′31.1″ to the Saint-Charles cable ferry at coordinates 45°41′38″ 73°11′22.5″ | Richelieu River | 45°42′43″ 73°11′28″ |
10 |
| 348 | That part of the Richelieu River from 500 m upstream of the Régie de l’aqueduc intermunicipale du Bas-Richelieu water intake at coordinates 45°46′17.1″ 73°10′35.3″ to 300 m downstream of the Saint-Denis cable ferry at coordinates 45°47′18.6″ 73°09′42.4″ | Richelieu River | 45°42′43″ 73°11′28″ |
10 |
| 349 | That part of the Richelieu River between the points at coordinates 45°49′43.7″ 73°08′27.5″ and 45°37′40.3″ 73°11′06.5″ outside the zones described in items 345, 346, 347 and 348 and item 40 of Part 6 of Schedule 2 | Richelieu River | 45°42′43″ 73°11′28″ |
50 |
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
Column 2 Local Name |
|---|---|---|
| 26 | That part of Wabamun Lake known locally as Moonlight Bay at coordinates 53°33′39″ 114°26′50″, which includes all waters northeast of the rail bridge that crosses Wabamun Lake | Moonlight Bay |
16 The heading of Schedule 7 to the Regulations is replaced by the following:
Waters in Which Towing a Person on Any Sporting or Recreational Equipment Is Prohibited Except During the Permitted Hours
| Item | Column 1 Name Given by the Répertoire toponymique du |
Column 2 Permitted Hours |
Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|---|---|
| 67 | Duhamel Lake | 46°08′31″ 74°38′16″ |
|
| 68 | That part of the Richelieu River described in items 345, 346, 347 and 348 of Part 3 of Schedule 6 | 45°42′43″ 73°11′28″ |
|
| 69 | That part of the Richelieu River described in item 349 of Part 3 of Schedule 6 | all hours except from 1:00 p.m. to 5:00 p.m. on Saturdays and Sundays | 45°42′43″ 73°11′28″ |
| 70 | That part of the Richelieu River from the Groupe Thomas Marine at coordinates 45°39′36.6″ 73°11′49.2″ to the Handfield Inn at coordinates 45°40′20″ 73°11′31.1″ | 45°42′43″ 73°11′28″ |
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
Column 2 Local Name |
Column 3 Location Reference (Gazetteer of Canada Reference System) |
|---|---|---|---|
| 2 | Pinawa Channel between the points at coordinates 50°12′56″ 95°55′30.9″ and 50°16′12″ 95°52′46″ (see Note 1) | Pinawa Channel | 50°12′56″ 95°55′30.9″ to 50°16′12″ 95°52′46″ |
| 3 | Lee River within 100 m of the shore between the points at coordinates 50°18′41″ 95°51′29″ and 50°23′07.4″ 95°49′38.3″ | Lee River | 50°18′41″ 95°51′29″ to 50°23′07.4″ 95°49′38.3″ |
Note 1: This prohibition applies from 2:00 pm to 8:00 pm on Saturdays and Sundays.
19 The Regulations are amended by adding, after Schedule 7, the Schedule 7.1 set out in the schedule to these Regulations.
20 Schedule 9 to the Regulations is repealed.
Coming into Force
21 These Regulations come into force on the day on which they are registered.
SCHEDULE
(Section 19)
SCHEDULE 7.1
(subsection 2(6.1))
Waters in Which Allowing a Person to Wake Surf Is Prohibited Except During the Permitted Hours
PART 1
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
Column 2 Local Name |
Column 3 Location Reference (Alberta Land Titles Act Reference System) |
|---|---|---|---|
| Southern Region | |||
| 1 | Paine Lake | Mami Lake | 2-28-W4 |
| Central Region | |||
| 1 | Unnamed reservoir | Blood Indian Creek Reservoir | 17-26-9-W4 |
| East Slopes Region | |||
| 1 | Rock Lake | 52-2-W6 | |
| 2 | Chain Lakes, as indicated by signs | 14,15-2-W5 | |
| Northeast Region | |||
| 1 | Skeleton Lake, as indicated by signs | 65-18,19-W4 | |
PART 2
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
Column 2 General Location |
Column 3 Location Reference (Gazetteer of Canada Reference System) |
|---|---|---|---|
| 1 | Whiteswan Lake | Whiteswan Lake Provincial Park | 50°08′23″ 115°29′00″ |
| 2 | That portion of Premier Lake south of a line extending from the southeast corner of Lot 11021 to the northwest corner of Lot 11869 | northeast of Wasa | 49°56′31″ 115°39′20″ |
| 3 | The Nicomekl River, from the railway trestle at Mud Bay to the dam west of King George Highway | Surrey | 49°03′29″ 122°52′10″ |
| 4 | Heffley Lake, the narrows and small bays at each end of the lake as designated by the signs | northeast of Kamloops | 50°49′55″ 120°04′01″ |
| 5 | Hidden Lake | east of Enderby |
50°34′15″ 118°49′16″ |
| 6 | Whitetail Lake | approximately 15 km northwest of Canal Flats | 50°13′ 116°02′ |
| 7 | Parts of Green Lake as signed | Whistler | 50°09′ 122°57′ |
| 8 | Big Bar Lake | near Clinton | 51°19′ 121°48′ |
| 9 | Elk and Beaver Lakes and those parts of Elk and Beaver Lakes in the interlake area except between 11:00 a.m. and one hour before sunset unless a sporting, recreational or public event or activity for which a permit has been issued under these Regulations is being held | northwest of Victoria | 48°32′ 123°24′ |
| 10 | The waters of the Columbia River and its tributaries lying within the flood plain of the Columbia River north of a point at 50°21′13.4″ 115°52′51.9″ (approximately 1.6 km northwest of Fairmont Hot Springs) and south and east of a point at 51º28′48″ 117º09′33″, on the northernmost tip of a small island (approximately 1.8 km south of Trans-Canada Highway bridge at Donald) but excluding the waters of Windermere Lake | Columbia River main channel | 50°55′04.3″ 116°22′47.9″ |
PART 3
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
Column 2 Specific Location |
Column 3 Location Reference (Gazetteer of Canada Reference System) |
|---|---|---|---|
| 1 | North Branch Muskoka River from Bracebridge Falls to the mouth of the Muskoka River | 45°02′23″ 79°18′28″ to 45°01′30″ 79°23′35″ | 45°02′ 79°19′ |
| 2 | Joseph River connecting Lake Joseph to Lake Rosseau from the Ames Point entrance at 45°09′58″ 79°41′42″ to Joseph River Shoal at 45°08′28″ 79°38′50″ | 45°08′ 79°39′ | |
| 3 | Shadow River | 45°15′ 79°39′ | |
| 4 | South Branch Muskoka River from the intersection with the Muskoka River to Muskoka Falls | 45°00′ 79°18′ | 45°02′ 79°19′ |
| 5 | Indian River except for the part known as Mirror Lake | 45°06′ 79°34′ | |
| 6 | The narrow channel of Twelve Mile Bay between the coordinates set out in column 2, in Muskoka District | 45°04′52″ 79°58′00″ to 45°04′52″ 79°57′45″ | 45°05′ 80°00′ |
| 7 | That part of the Magnetawan River fronting the Village of Magnetawan, Municipality of Magnetawan | 45°39′40″ 79°38′50″ to 45°40′00″ 79°38′20″ | 45°46′ 80°37′ |
| 8 | That part of the Burnt River, Somerville Twp, Victoria County, from Lot 11, Concessions 6 and 7, to the entrance of Goose Lake, Lot 24, Concession 1, all lying within Somerville Twp, Victoria County | 44°41′ 78°42′ to 44°35′ 78°46′ | 44°35′ 78°46′ |
| 9 | That part of Robillard Lake known as Long Lake within the limits of the Municipality of Charlton and Dack, as described in column 2 | 47°48′37″ 79°59′54″ to 47°48′36″ 80°00′10″ | 47°49′ 80°08′ |
PART 4
| Item | Column 1 Name Given by the Gazetteer of Canada or Description |
Column 2 General Location |
Column 3 Location Reference (Gazetteer of Canada Reference System) |
|---|---|---|---|
| 1 | Tidnish River, upstream from Irwins Point | 45°59′ 64°03′ |
PART 5
| Item | Column 1 Name Given by the Répertoire toponymique du |
Column 2 Permitted Hours |
Column 3 Location Reference (Répertoire toponymique du Québec Reference System) |
|---|---|---|---|
| 1 | Châteauguay River from point A at coordinates 45°22′15.23″ 73°45′13.20″ to point B at coordinates 45°22′47.44″ 73°45′07.28″ | Point A: 45°22′15.23″ 73°45′13.20″ Point B: 45°22′47.44″ 73°45′07.28″ | |
| 2 | Châteauguay River from point B at coordinates 45°22′47.44″ 73°45′07.28″ to point C at coordinates 45°22′58.93″ 73°46′09.17″ | Point B: 45°22′47.44″ 73°45′07.28″ Point C: 45°22′58.93″ 73°46′09.17″ | |
| 3 | Châteauguay River from point B at coordinates 45°22′47.44″ 73°45′07.28″ to point D at coordinates 45°24′01.49″ 73°45′06.44″ | Point B: 45°22′47.44″ 73°45′07.28″ Point D: 45°24′01.49″ 73°45′06.44″ | |
| 4 | Within 60 m of the shore of Masson Lake | 46°02′33″ 74°02′06″ |
|
| 5 | Laviolette Lake | 46°00′ 74°08′ | |
| 6 | Morelle Lake | 45°59′48″ 74°06′29″ |
|
| 7 | Deauville Lake | 45°59′ 74°06′ | |
| 8 | Pas de Poisson Lake | 46°01′ 74°07′ | |
| 9 | Lake Lenore | 46°00′ 74°07′ | |
| 10 | Long Lake | 45°59′ 74°05′ | |
| 11 | Tondohar Lake | 46°00′ 74°07′ | |
| 12 | Quévillon Lake | 46°00′ 74°06′ | |
| 13 | Lake Mimi | 46°00′ 74°09′ | |
| 14 | Gascon Lake | 45°59′ 74°08′ | |
| 15 | Lake Sainte-Adèle | 45°57′ 74°09′ | |
| 16 | Millette Lake | 45°58′ 74°11′ | |
| 17 | Bouthillier Lake | 45°57′19″ 74°12′46″ |
|
| 18 | Renaud Lake | 45°56′ 74°12′ | |
| 19 | Matley Lake | 45°57′ 74°11′ | |
| 20 | Richer Lake | 45°57′ 74°12′ | |
| 21 | Des Seize Îles Lake | from 9:00 a.m. to 8:00 p.m. | 45°54′ 74°28′ |
| 22 | Within a perimeter of 60 m from the shore of Charlebois Lake | 46°05′ 74°03′ | |
| 23 | Vingt Sous Lake | 45°57′ 74°22′ | |
| 24 | Cornu Lake | 45°58′ 74°23′ | |
| 25 | De la Montagne Lake | 45°59′ 74°19′ | |
| 26 | Major Bay of Des Sables Lake | 46°02′ 74°17′ | |
| 27 | Centre-Ville Bay of Des Sables Lake | 46°02′ 74°17′ | |
| 28 | Within 100 m of the shore of Archambault Lake | 46°19′ 74°15′ | |
| 29 | Within 100 m of the shore of Baribeau Lake | 46°21′ 74°10′ | |
| 30 | Within 100 m of the shore of Beauchamp Lake | 46°18′ 74°12′ | |
| 31 | Within 100 m of the shore of Bouillon Lake | 46°16′ 74°11′ | |
| 32 | Within 100 m of the shore of La Clef Lake | 46°23′ 74°13′ | |
| 33 | Within 100 m of the shore of Des Aulnes Lake (Isidore and Garon) | 46°22′ 74°11′ | |
| 34 | Within 100 m of the shore of Lake Léon | 46°22′ 74°16′ | |
| 35 | Within 100 m of the shore of Major Lake | 46°21′ 74°12′ | |
| 36 | Within 100 m of the shore of De la Montagne Noire Lake | 46°12′ 74°16′ | |
| 37 | Within 100 m of the shore of Ouareau Lake | 46°17′ 74°09′ | |
| 38 | Within 100 m of the shore of Perreault Lake | 46°20′ 74°07′ | |
| 39 | Within 100 m of the shore of Raquette Lake | 46°15′ 74°20′ | |
| 40 | Within 100 m of the shore of Rochemaure Lake | 46°22′ 74°10′ | |
| 41 | Within 100 m of the shore of Lake Saint-Onge | 46°22′ 74°08′ | |
| 42 | Within 100 m of the shore of Sombre Lake | 46°20′ 74°05′ | |
| 43 | Within 100 m of the shore of Sylvère Lake | 46°21′ 74°04′ | |
| 44 | Within 100 m of the shore of the Saint-Michel River (Michel) | 46°18′ 74°16′ | |
| 45 | Within 100 m of the shore of the Noir River | 46°23′ 74°16′ | |
| 46 | Within 100 m of the shore of the Du Pimbina River | 46°21′ 74°14′ | |
| 47 | Within 50 m of the shore of Blanc Lake | 46°20′ 74°13′ | |
| 48 | Manitou Lake | from 10:00 a.m. to noon and from 4:00 p.m. to 7:00 p.m. | 46°03′36″ 74°22′30″ |
| 49 | Fraser Lake | 45°23′ 72°11′ | |
| 50 | Berry Lake | 48°46′40″ 78°22′26″ |
|
| 51 | À Fillion Lake | 48°49′56″ 78°23′40″ |
|
| 52 | À Magny Lake | 48°51′25″ 78°23′00″ |
|
| 53 | Brompton Lake, northwest of a line connecting point D at coordinates 45°28′23″ 72°08′53″ to point E at coordinates 45°28′26″ 72°08′48″ (Larochelle Bay) | 45°26′ 72°09′ | |
| 54 | Brompton Lake, north of a line connecting point F at coordinates 45°28′13″ 72°08′04″ and point G at coordinates 45°28′10″ 72°08′06″ (Du Barrage Bay) | 45°26′ 72°09′ | |
| 55 | Leamy Lake, the north passage linking the lake to the Gatineau River and the northern half of the south passage linking the lake to De la Carrière Lake | 45°27′ 75°43′ | |
| 56 | Les Trois Lacs Lake: (a) in the beach and swimming areas delineated by a line running perpendicular to the shore to a point at coordinates 45°47′45″ 71°53′25″, thence to a point at coordinates 45°47′35″ 71°53′30″, and thence returning perpendicularly to the shore; and |
45°48′ 71°54′ | |
| (b) on the remaining part of the lake | from 8:00 a.m. to 8:00 p.m. | ||
| 57 | Southwest Nicolet River:
|
from 8:00 a.m. to 8:00 p.m. | 46°13′ 72°36′ |
| 58 | Saint-Louis Lake, in that part of the lake located between a line drawn from the wharf of Saint-Louis Park to the western limit of René Lévesque Park and a line drawn in the direction of and extending from 6th Avenue in Lachine | 45°26′ 73°42′ | |
| 59 | Blanche River between Blanc Lake at coordinates 46°19′42″ 74°12′38.1″ and 46°19′42.8″ 74°12′32.9″ and Ouareau Lake at coordinates 46°18′11.9″ 74°10′12.6″ and 46°18′06.6″ 74°10′05.6″ | 46°18′09″ 74°10′10″ |
|
| 60 | Croche Lake within 50 m of the shore, except where the vessel follows a trajectory perpendicular to the shore | 46°21′ 74°06′ | |
| 61 | Du Pimbina Lake within 50 m of the shore, except where the vessel follows a trajectory perpendicular to the shore | 46°23′ 74°14′ | |
| 62 | Provost Lake within 50 m of the shore, except where the vessel follows a trajectory perpendicular to the shore | 46°24′ 74°16′ | |
| 63 | Those portions of Saint-François-Xavier Lake not included in item 256 of Part 3 of Schedule 6 | from 1:30 p.m. to 5:00 p.m. and from 6:30 p.m. to 7:30 p.m. | 45°52′53″ 74°21′32″ |
| 64 | Duhamel Lake | 46°08′31″ 74°38′16″ |
|
| 65 | That part of the Richelieu River described in items 345, 346, 347 and 348 of Part 3 of Schedule 6 | 45°42′43″ 73°11′28″ |
|
| 66 | That part of the Richelieu River described in item 349 of Part 3 of Schedule 6 | all hours except from 1:00 p.m. to 5:00 p.m. on Saturdays and Sundays | 45°42′43″ 73°11′28″ |
| 67 | That part of the Richelieu River from the Groupe Thomas Marine at coordinates 45°39′36.6″ 73°11′49.2″ to the Handfield Inn at coordinates 45°40′20″ 73°11′31.1″ | 45°42′43″ 73°11′28″ |
PART 6
| Item | Column 1 Name Given by the Gazetteer of Canada or |
Column 2 Local Name |
Column 3 Location Reference (Gazetteer of Canada Reference System) |
|---|---|---|---|
| 1 | Assiniboine River | Assiniboine River | 49°52′17″ 97°26′50″ to 49°53′09″ 97°07′41″ |
| 2 | Pinawa Channel between the points at coordinates 50°12′56″ 95°55′30.9″ and 50°16′12″ 95°52′46″ | Pinawa Channel | 50°12′56″ 95°55′30.9″ to 50°16′12″ 95°52′46″ |
| 3 | Lee River between the points at coordinates 50°16′12″ 95°52′46″ and 50°18′41″ 95°51′29″ | Lee River | 50°16′12″ 95°52′46″ to 50°18′41″ 95°51′29″ |
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Privacy notice
The information you provide is collected under the authority of the Financial Administration Act, the Department of Public Works and Government Services Act, the Canada–United States–Mexico Agreement Implementation Act,and applicable regulators’ enabling statutes for the purpose of collecting comments related to the proposed regulatory changes. Your comments and documents are collected for the purpose of increasing transparency in the regulatory process and making Government more accessible to Canadians.
Personal information submitted is collected, used, disclosed, retained, and protected from unauthorized persons and/or agencies pursuant to the provisions of the Privacy Act and the Privacy Regulations. Individual names that are submitted will not be posted online but will be kept for contact if needed. The names of organizations that submit comments will be posted online.
Submitted information, including personal information, will be accessible to Public Services and Procurement Canada, who is responsible for the Canada Gazette webpage, and the federal institution managing the proposed regulatory change.
You have the right of access to and correction of your personal information. To seek access or correction of your personal information, contact the Access to Information and Privacy (ATIP) Office of the federal institution managing the proposed regulatory change.
You have the right to file a complaint to the Privacy Commission of Canada regarding any federal institution’s handling of your personal information.
The personal information provided is included in Personal Information Bank PSU 938 Outreach Activities. Individuals requesting access to their personal information under the Privacy Act should submit their request to the appropriate regulator with sufficient information for that federal institution to retrieve their personal information. For individuals who choose to submit comments anonymously, requests for their information may not be reasonably retrievable by the government institution.