Canada Gazette, Part I, Volume 158, Number 37: Regulations Amending the Vessel Operation Restriction Regulations

September 14, 2024

Statutory authority
Canada Shipping Act, 2001

Sponsoring department
Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Vessel Operation Restriction Regulations modernization

Local authorities and stakeholders have expressed concerns for many years over the significant length of time it takes for vessel operation restrictions to be put in place on local waterways. It is estimated that a local authority requires approximately two years to prepare the essential elements of a vessel operation restriction application (e.g. identification of problems and solutions, environmental assessment, cost-benefit analysis, and consultations) prior to submitting it to Transport Canada (TC) for review. In addition, as part of the application process, TC requires that a local authority implement alternative measures for one boating season prior to applying for a restriction. If these alternative measures prove to be ineffective, a vessel operation restriction application needs to go through the regulatory amendment process to obtain Governor in Council approval, which can take approximately two years to complete. Altogether, it can take up to four years after a local authority has identified a safety, environmental and/or public interest issue on their local waterway before a new restriction is brought into force and published in the Canada Gazette, Part II.

In addition, TC continues to identify issues and inconsistencies within applications for vessel operation restrictions, which can lead to delays in the review and approval process, as TC officials need to return these applications to local authorities for further development. To support the development of applications, TC developed the Local Authorities’ Guide (PDF) [the Guide], which is available on the TC website.

Furthermore, TC has received requests from local authorities and stakeholders that the federal government’s regulatory powers to set vessel operation restrictions on local water bodies be ceded to municipalities. Some local authorities have expressed the desire to be provided with direct decision-making powers in managing issues on their local waterways, so that they may identify and more quickly put in place restrictions without the need to engage TC and then have proposed restrictions go through the federal regulatory amendment process.

Designation authority

Under the Vessel Operation Restriction Regulations (VORR), the designation of enforcement officers is done under section 16 and requires going through the regulatory amendment process to obtain Governor in Council approval, which can take approximately two years. Local authorities have expressed that they find a two-year wait to be long when they have identified an immediate need for additional enforcement resources for existing restrictions. This creates a significant gap (approximately 16 months) before resources may be designated under the VORR, which translates into having insufficient numbers of local enforcement officers for two boating seasons. This may have a negative impact on program integrity, as an enforcement presence in many transportation modes has proven effective in deterring non-compliance. Transport Canada was aware of this issue of delayed enforcement designations when developing solutions for VORR modernization and introduced a new enforcement mechanism under the Canada Shipping Act, 2001 (CSA 2001), which is described below.

Administrative corrections

Stakeholders have noted confusion over the vessel operation restrictions on engine power that are found under subsection 2(3) of the VORR, as they feel the current wording is misleading. In 2020, a limit of 7.5 kW for vessels driven by electrical propulsion was introduced under this subsection. The wording of this subsection created confusion among stakeholders and enforcement entities, as it was not clear if the new 7.5 kW limit would also apply to power-driven vessels. The 2020 regulatory amendments were specifically introduced to address the advancement of electric propulsion technology over the years, which makes these types of engines more powerful. When subsection 2(3) was originally brought into force, it was designed to prohibit power-driven vessels but allow for the use of low electric propulsion motors (e.g. 1.5 kW trawling motors for fishing). In order to respect the spirit of subsection 2(3), and in light of improvements in electric propulsion technology, a limit on electrical propulsion was introduced. Leaving the current wording of the subsection and title of the restriction as is, as opposed to clearly identifying them as two separate elements of the provision, could lead to confusion among certain waterway users and enforcement officers about what is permitted and what is not, as the current wording seems to group both electric and power-driven vessels together under the 7.5 kW restriction.

Finally, as part of TC’s analysis on VORR modernization and ongoing review of the Guide, TC determined that section 4 of the VORR, which touches on local authorities’ requirements when applying for a vessel operation restriction, is outdated and potentially unclear. For example, section 4 refers to engaging with provincial authorities, which do not exist outside of the province of Quebec. While paragraph 4(d) of the VORR already implies that the Minister of Transport can request any other information that is necessary to justify regulatory intervention as part of the vessel operation restriction application process, the Regulations Amending the Vessel Operation Restriction Regulations (the proposed Regulations) provide clarity by explicitly noting that local authorities must “submit an application in the form and manner specified by the Minister.” All steps and essential elements specified by the Minister of Transport that are necessary to propose a formal restriction application, and which are administrative in nature, are currently represented in the Guide. The vagueness of paragraph 4(d) could confuse local authorities as to who has the authority to specify requirements, in this case the Minister of Transport. Amendments to paragraph 4(d) are needed to provide greater clarity and certainty for local authorities and stakeholders by making the Minister of Transport’s authority to specify requirements for vessel operation restriction applications more explicit.

Background

The VORR, made pursuant to the CSA 2001, provides the ability to regulate boating activities and navigation in Canadian waters. Navigation restrictions are set out in subsections 2(1) to 2(7), section 11 and subsection 14(1), and the eight schedules of the VORR, which specify the type of restriction (listed below) and the location of the waterway 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 and vessels driven by electrical propulsion that have an aggregate maximum power greater than 7.5 kW are prohibited;
• waters on which power-driven vessels 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;
• waters where towing a person on any sporting or recreational equipment is prohibited, except during the permitted hours;
• waters where allowing a person to wake surf is prohibited, except during the permitted hours;
• waters where a sporting, recreational or public event or activity is prohibited;
• provincial and territorial waters on which power-driven vessels and vessels driven by electrical propulsion are subject to the universal shoreline speed limit of 10 km/h within 30 m of the shore; and
• waters of False Creek in the City of Vancouver where anchoring is prohibited unless the person holds a permit issued by the Minister of Transport.

Local authorities with an interest in applying for a vessel operation restriction must follow the process specified by the Minister of Transport, identified in the Guide, which sets out the essential elements and steps to follow when applying for a restriction under the VORR. The Guide provides details on

• the local authorities’ roles and responsibilities;
• provisions of the VORR and potential use of restrictions;
• the need for a comprehensive analysis, which would include identifying the characteristics of the waterway and demographics of its users, current issues, potential solutions, including non-regulatory approaches that should be tested first;
• the need to implement a consultation strategy that includes stakeholders and impacted waterway users in the process; and
• the need to complete a cost-benefit analysis and environmental assessments.

The Guide is designed to help local authorities consider all necessary elements to ensure a proper balance between the right to navigate and the need for restrictions. As an initial step, TC boating safety officers will provide to the local authority a presentation on the VORR and the application process. The local authority will be asked to complete the preliminary assessment form in order to confirm eligibility before moving forward with an application.

VORR modernization

In 2016, TC launched an initiative to modernize the VORR. As part of Phase 1 of this process, national stakeholder consultations were held to identify issues that should be addressed. One of the main concerns raised by local authorities and stakeholders was the complexity of the application process and the length of time required for the Government of Canada to approve restriction applications.

Phase 1 was completed in 2019 with updates to the Guide, which clarified the vessel operation restriction application process.

Since then, local authorities have continued to express frustration at the length of time it takes for the preparation of vessel operation restriction applications and for restrictions to be established under the VORR. Transport Canada agrees that a modern, flexible, and more timely approach to the VORR process is needed to address local marine safety and environmental risks, which affect the day-to-day lives of communities and their use of local waterways. Transport Canada also believes that local authorities have a direct role to play in identifying safety and environmental issues on local waterways and deciding on which restrictions should be put in place. Local authorities are best placed to work directly with their stakeholders to address and resolve waterway issues and could benefit from additional tools to support the preparation of applications.

In summer 2019, Phase 2 of the modernization initiative was initiated to assess ways to streamline the Government of Canada’s process for implementing vessel operation restrictions. Through this work, TC explored legislative and regulatory options that would allow a municipality to submit a request at the end of a boating season (by the annual mid-September deadline for vessel operation restriction applications) and have the requested restriction in place by the next year’s boating season. In response to concerns raised by local authorities and other stakeholders about the length of time required to implement vessel operation restrictions, legislative changes to the CSA 2001 were introduced in Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26), which received royal assent in June 2023. These changes provided new authorities to the Minister of Transport to modify elements of existing regulations by incorporating by reference materials produced by the Minister of Transport [subsection 32(4.01) of the CSA 2001] and created a new ministerial order authority [subsection 136(3) of the CSA 2001] to allow the Minister of Transport to suspend or modify the operation of regulations in order to quickly respond to issues as they arise. For example, an order could be used to temporarily introduce a new type of vessel operation restriction that is not currently established as a provision under section 2 of the VORR in response to an immediate safety or environmental issue on a local waterway. The request for the introduction of a new type of restriction would stem from a local authority and would have to be assessed in order to confirm that no current restrictions under VORR can respond to the issue. The need for a new type of restriction could arise from the arrival of an emerging technology or from newly identified issues resulting from waterway usage not covered under the VORR (e.g. seaplanes). Such an order would be valid for a maximum of two years, which is expected to provide enough time for TC to complete the required regulatory amendments to introduce allowances for addressing the new type of restriction and to obtain Governor in Council approval to codify the amendment in the VORR.

Finally, the proposed Regulations represent Phase 3 of the modernization initiative, with the aim of restructuring the VORR by making use of the recent changes to the CSA 2001. The proposed Regulations would repeal the eight VORR schedules that list all local restrictions and move them into a TC Transport Publication (TP 15587E, Schedules of the Vessel Operation Restriction Regulations), which would be incorporated by reference into the VORR. This would allow the Minister of Transport to add new restrictions to the VORR without having to go through the regulatory amendment process, thereby shortening the time it takes to codify new vessel operation restrictions in response to requests from local authorities.

Additional administrative measures, which do not require regulatory amendments, would also be put in place to facilitate local authorities’ work in preparing the essential elements of a vessel operation restriction application, such as clarifying language in the Guide and creating an application template. Although the ministerial order authority set out at subsection 136(3) of the CSA 2001 does not require changes to the VORR itself, TC is working on developing guidelines to structure the use of such orders to ensure clarity and consistency. It is important to note that local authorities should not expect the Minister of Transport to issue an order made pursuant to subsection 136(3) where a vessel operation restriction application process is otherwise appropriate.

Designation authority

Section 135 of the CSA 2001 was also amended in June 2023 to provide the Minister of Transport, instead of the Governor in Council, with the power to designate a person or class of persons (e.g. police officers) for the purpose of enforcing regulations, such as the VORR. Prior to this amendment, when local authorities requested that local enforcement officers be designated to enforce the VORR, the designations had to be approved by the Governor in Council and listed under section 16 of the VORR. This meant that TC had to follow the regulatory amendment process, which could take up to two years to complete before local enforcement officers could be authorized to enforce compliance with the VORR. Using the new authority in section 135 of the CSA 2001 would facilitate much faster designations, thereby allowing local enforcement officers to be authorized and deployed sooner.

Administrative corrections

In recent months, TC has received questions from stakeholders regarding subsection 2(3) of the VORR, as commenters felt that the current wording in the VORR was misleading. The restriction in subsection 2(3) prohibits all power-driven vessels, while also prohibiting the use of vessels driven by electrical propulsion that have an aggregate maximum power greater than 7.5 kW. Stakeholders have raised concerns that the current wording of the provision could be misinterpreted to mean that power-driven vessels with an aggregate maximum power lower than 7.5 kW can be used on the waterways listed under Schedule 3. Transport Canada’s intention under subsection 2(3) has always been to fully prohibit all power-driven vessels, no matter the engine power. This intent is reflected in the language from the 2020 Regulatory Impact Analysis Statement when this section was amended, which states: The objectives of the amendments are to ensure safety and to keep up with advances in technology by including a maximum 7.5 kW aggregate power for electric motors on vessels in waters where power-driven vessels are prohibited (Schedule 3). It has been noted that subsection 2(4) would also benefit from an amendment to ensure clarity about the restriction.

Section 4 of the VORR currently outlines some of the necessary elements of an application for vessel operation restrictions, such as the need for public consultations, presentation of the application to provincial authorities, and the preparation of a report. However, section 4 does not include specific details about the contents of an application or the form and manner of applications. Such details are provided in the Guide. Section 4 outlines that applications for a vessel operation restriction must include any information necessary to justify regulatory intervention, which provides an implicit authority for the Minister of Transport to specify that applications must be submitted in accordance with the Guide. The proposed Regulations would make the existence of the authority clearer and more explicit to help underscore the importance of following the Guide when preparing submissions.

The Guide, updated in 2019, includes additional details about the essential elements for vessel operation restriction applications to help ensure that applications contain consistent and appropriate levels of detail and analysis. The proposed amendments to section 4 would provide clarity by explicitly noting that local authorities must “submit an application in the form and manner specified by the Minister of Transport”. This will be done through the Guide, which is and will remain the document that specifies requirements for vessel operation restriction applications under the VORR. The other elements listed under paragraphs 4(a), (b) and (c), which do not represent an exhaustive list of essential elements required for applications, would be removed to eliminate any confusion about which application requirements to follow. In addition, section 4 is outdated because it makes reference to provincial authorities, which are mostly no longer active in the process of developing local vessel operation restrictions. The only remaining province that is recognized as a provincial authority is the province of Quebec, and its current role is limited to receiving, reviewing, and maintaining a repository of restrictions for future reference.

Therefore, the existing framework of incomplete and outdated information within section 4 being supplemented by the Guide has the potential to create difficulty for local authorities to accurately understand the required process for developing and submitting an application to put a vessel operation restriction in place. This can result in additional work for both local authorities and TC, as incomplete and/or inconsistent applications sometimes require numerous updates and changes before they can be supported. In turn, there are risks of delaying the implementation of new restrictions needed to address safety, environmental or the public interest issues.

The changes in the proposed Regulations would eliminate any confusion created by the current text and make clear that consultations are a key aspect of vessel operation restriction applications and that applicants must follow the process specified by the Minister of Transport through the Guide. This process is already in place under the current VORR; the proposed amendments would simply add clarity and certainty as to the existing authorities. Currently and in the future, local authorities wishing to apply for a vessel operation restriction would still contact their local Office of Boating Safety (OBS) whose officers would confirm that the Guide outlines the essential elements to be followed for submission of an application under the VORR.

Finally, additional changes to the VORR are needed to address minor wording inconsistencies.

Objective

VORR modernization

The overall objective of the proposed Regulations and accompanying program changes is to reduce the time required to implement vessel operation restrictions on local waterways.

Incorporation by reference

The objective of incorporating by reference the schedules of the VORR is to facilitate the timely implementation of new restrictions on local waterways.

Designation authority

The objective of repealing section 16 of the VORR and relying instead on section 135 of the CSA 2001 to designate enforcement officers going forward is to support the timely and efficient administration and enforcement of vessel operation restrictions on local waterways.

Administrative corrections

The objective of the amendments to subsections 2(3) and 2(4) is to ensure clarity and certainty about these restrictions for local authorities, waterway users and enforcement officers, avoiding potential misinterpretations of the rules in place, which in turn could lead to cases of non-compliance.

The objective of revising section 4 of the VORR is to clarify the existing process that must be followed by local authorities to apply for a vessel operation restriction on their waterways. The proposed Regulations would also provide greater certainty about existing authorities, which allow the Minister of Transport to specify the form and manner in which applications are to be submitted, details which are clearly outlined within the existing Guide. This approach would allow for a consistent, easily understood process for preparing and submitting vessel operation restriction applications.

Description

VORR modernization

The proposed Regulations would repeal the eight schedules to the VORR, which set out applicable vessel operation restrictions on local water bodies. The schedules would be moved into TC’s TP 15587E, which would be incorporated by reference on an ambulatory basis in the VORR. This ambulatory incorporation by reference of the schedules would allow the Minister of Transport to update the schedules to the VORR, e.g. by adding new vessel operation restrictions at the request of local authorities, without having to go through the regulatory amendment process. This approach would facilitate the timely enactment and implementation of new restrictions on local water bodies in response to new and emerging safety and environmental issues brought forward by local authorities.

With respect to TP 15587E, TC guidelines on external facing documents and incorporation by reference would be followed, including ensuring that the schedules are free and accessible in both official languages to all members of the public.

TP 15587E, which would be completed prior to the final publication of the proposed Regulations, would be posted on TC’s Office of Boating Safety web page on the day that the proposed Regulations come into force and would be distributed widely to stakeholders via TC’s existing stakeholder distribution lists and through collaboration with key partners (e.g. boating associations, including those representing manufacturers). TP 15587E would be amended regularly, based on the timing and number of applications received, to introduce new vessel operation restrictions or modify current restrictions, or to make administrative corrections. At least once a year, the TP 15587E would be amended prior to the upcoming boating season (i.e. by March at the latest) and would include new restrictions requested in applications that meet all requirements received by September 15 of the previous year. Additional amendments to the TP 15587E could take place during the boating season based on requests received by local authorities. As is currently done, local authorities would continue to follow the same process as for new restriction applications when applying to TC for any amendments to current restrictions in the schedules. Examples of requests for amendments could include making simple corrections to a coordinate (e.g. a spelling error in the name of a lake) or modifying a description that is no longer clear (e.g. the name of a beach that has changed names since the introduction of the restriction being used as a reference point). Local authorities, waterway users and marine stakeholders would be informed by TC every time the TP 15587E is amended, and all changes would be provided in the web page link to an updated version of the TP 15587E. As is currently done, TC would continue to work with local authorities leading up to the implementation of new restrictions to ensure that roles and responsibilities are understood, signage is in place (as needed), and that local residents and businesses are notified about the implementation of the new or amended restrictions on their local waterways when they come into force.

In addition, while not a regulatory amendment, the Guide, which is the main source of information used by local authorities to prepare applications for vessel operation restrictions, would be revised to ensure it elaborates on and clarifies the essential elements and steps of the application process, which would represent the form and manner specified by the Minister of Transport. The revised Guide would include examples of expected information and would emphasize the importance of following each step in the process. Transport Canada would also develop an application template, included as an annex to the Guide, for local authorities. This template would allow for local authorities to provide all information currently needed to evaluate a vessel operation restriction request, in a standardized document aimed at enhancing consistency across the country and helping facilitate the preparation and completion of applications. No additional demands will be added to the process through these revisions; the objective is to provide comprehensive details to facilitate the completion of applications. The current process for submitting a vessel operation restriction request is described in Table 1 below, alongside a description of what this process would look like under the proposed amendments.

Table 1: Current and proposed vessel operation restriction application processes

Current process		Proposed process	Changes in process
Section 4	Local Authorities’ Guide
To apply for a vessel operation restriction on their waterway, local authorities are currently required (as per section 4 of the VORR) to provide a report that includes (a) the location of the waters and the nature of the proposed restriction; (b) information regarding the public consultations held, including a description of the groups and parties consulted; (c) particulars on the implementation and enforcement of the proposed restriction; and (d) any other information that is necessary to justify regulatory intervention.	In order for an application for a vessel operation restriction on their waterway to be approved, local authorities are currently providing TC with the following materials, as laid out in the Guide: A preliminary assessment form that includes (a) a description of the waterway (b) a description of the problem (c) current or past alternative measures put in place to address the problem (d) a summary of consultations held to date (e) a list of potential impacts of putting in place a restriction (f) a confirmation that resources are available to manage the restriction An application, in the format of their choice, that includes (a) a fully developed list of all items identified in the preliminary assessment (b) a summary of consultations held throughout the development process (c) a cost-benefit analysis (d) a environmental assessment (e) the results from the testing of alternative solutions, held across one boating season (f) a confirmation as to the need for restrictions and a description of each one (g) a resolution from the municipality seeking to adopt the restriction (h) a communication, signage and enforcement strategy	Once the proposed Regulations are in place, to successfully apply for a vessel operation restriction on their waterway, local authorities would need to provide the following materials, as laid out in the Guide: The preliminary assessment form, which includes all the details and information required in the current scenario. An application which includes all the details and information required in the current scenario. This application would now be completed using the new application template developed by TC, to provide local authorities with a standardized format to reduce confusion and burden in developing a successful application.	All changes to section 4 are administrative in nature and would not introduce any new requirements. All information needed for a successful vessel operation restriction application under the current scenario would continue to be required and specified in the Guide. The Guide would be updated to clarify the existing process and would remain the main resource document that explains the steps and essential elements required for the development of a vessel operation restriction application. No new elements would be added as part of these revisions. The new application template would become the standardized submission document to guide local authorities in the development of each section of their application, in a consistent, easily understood manner.

The proposed changes to section 4 of the VORR and the proposed changes to the Guide would not introduce changes to the process or any of the essential elements described in the “Current process” columns above. By clarifying details within the Guide and creating an application template, these amendments would simply clarify and enhance the steps that must be followed, and the information that must be provided, by local authorities. The requirements for local authorities to submit this information in a form and manner specified by the Minister of Transport currently exists and will remain under the amendments. Transport Canada is currently working on preparing the updated documents to support these clarifications. The application template is expected to provide a clear explanation of the type of information, which is to be compiled for each section, whereas the Guide will explain the steps of the process and provide advice on how to best complete a successful application.

While the revisions to the Guide would contribute to the preparation of comprehensive applications in collaboration with local stakeholders, it is important to note that the proposed Regulations would not have any direct effect on new vessel operation restrictions proposed by local authorities. As is currently done, TC officials would continue to undertake thorough reviews of the vessel operation restriction applications submitted by local authorities. Additional details on TC’s management of vessel operation restriction applications are provided in the “Implementation” section.

Designation authority

Following the coming into force of changes to the CSA 2001 in terms of the new enforcement designation authority under section 135 of the CSA 2001, TC has made a policy decision to stop using section 16 of the VORR for designations and move existing ones under the CSA 2001 authority. Moving forward, TC intends to use section 135 of the CSA 2001 as the mechanism to designate all enforcement officers authorized to ensure compliance of the VORR. A list of all designations would be posted on TC’s Office of Boating Safety web page. This would render section 16 of the VORR obsolete. For this reason, and to eliminate confusion, the proposed Regulations would repeal section 16 of the VORR, which contains a list of current designations. These designations would all be redone pursuant to the new authority in section 135 of the CSA 2001, and new designation certificates would be issued to local authorities. This change would have no practical effect for local authorities that are currently designated (i.e. their designations would remain in effect); however, the new approach would allow for all future designations to be done in a shorter time frame (less than a month) than introducing designations via regulatory amendments that require Governor in Council approval (which can take an average of two years to complete). The proposed Regulations would also repeal section 17 of the VORR, which outlines the powers of enforcement officers. Section 17 would no longer be needed, because there would be no entities designated under the VORR requiring the enforcement powers listed under section 17, and enforcement powers of officers designated under the CSA 2001 would come from subsection 135(2). This aligns the proposed Regulations with the approach taken for other regulations made pursuant to the CSA 2001.

Administrative corrections

Following analysis on the issue of stakeholders misinterpreting subsection 2(3) of the VORR (engine power limit), the subsection would be amended to avoid confusion and help ensure compliance with the restriction. In order to correct the potential misinterpretation of the subsection, the proposed amendments would move the words “a vessel driven by electrical propulsion that has an aggregate maximum power greater than 7.5 kW” to the beginning of the sentence instead of having them follow the reference to power-driven vessels. The title in the related schedule would be likewise updated to make it clear that the 7.5 kW power limit restriction under subsection 2(3) applies only to electric motors and that all power-driven vessels are prohibited on waters listed under Schedule 3. The structure of subsection 2(4) and its title in the schedule would also be changed to avoid any similar confusion or misinterpretation.

These administrative corrections necessitate amendments to the Contraventions Regulations to align the language to the new proposed wording of subsections 2(3) and 2(4). Until these amendments to the Contraventions Regulations are brought into force, enforcement officers would not be able to issue tickets in cases of non-compliance with the prohibition on power-driven vessels. These amendments to the Contraventions Regulations will be introduced as part of a separate regulatory proposal that is currently in development and expected to come into force in 2025.

Finally, section 4 would be revised to remove previous administrative details that are currently set out in the Guide, while continuing to highlight the necessity for requisite consultations when developing vessel operation restriction applications. In summary, the provision as currently written includes administrative requirements that do not align with the current process for applying for a vessel operation restriction. In addition, section 4 currently does not outline all the essential information required by the Minister of Transport to evaluate an application. Therefore, this section is currently outdated and inconsistent with the more detailed elements laid out for local authorities in the Guide. The language in section 4 would also be modernized by removing an outdated reference to provincial authorities that either no longer exist or, in the case of the province of Quebec, are no longer directly involved in the current application process. Consequently, the definition of provincial authority under section 1 would be repealed.

Lastly, the proposed Regulations would make several minor administrative changes to add references to the new TP 15587E, which would contain the schedules of the VORR, and to align these provisions and make their structures consistent for ease of reference by stakeholders. For example, each provision would now be structured so that all references to a “vessel driven by electrical propulsion” come before references to power-driven vessels. The current structure is not consistent, and the proposed Regulations would align all provisions with the changes recommended for subsections 2(3) and 2(4). Also, the word “shall” would be replaced throughout the VORR by the word “must” as a clearer and less ambiguous way to express a requirement or obligation. Finally, the definition of “power-driven” would be amended for clarity.

Regulatory development

A general presentation on the proposal was given to stakeholders during the spring 2023 national meeting of the Canadian Marine Advisory Council (CMAC), at the Standing Committee on Recreational Boating. CMAC stakeholders 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. The presentation and the ensuing discussion covered issues such as lengthy approval time for vessel operation restriction applications and potential legislative and regulatory options for addressing stakeholder irritants. A question-and-answer period followed the presentation. No questions or comments were received at that time or in the months following the meeting. Stakeholders were informed that TC would continue working on options for improving the application and approval process for vessel operation restrictions on local water bodies and propose solutions later in the year.

During the November 2023 CMAC meeting, TC gave a presentation on the proposed amendments to the VORR, outlining its intention to repeal the schedules, include them in a Transport Publication (TP), and incorporate the TP by reference, with the objective of streamlining the process for implementing vessel operation restrictions. Industry leaders and boating association representatives present at the meeting reiterated their opinion shared in an October 2023 letter to the Minister of Transport of their support for modernizing the VORR but expressed their interest in being given a greater role in the overall consultation process, including making sure the new vessel operation restriction applications provided to TC are evidenced-based and that local stakeholders are widely consulted. Some of the CMAC participants voiced their opinion that, in some cases, vessel operation restriction requests are not fully supported by citizens, and are only advanced by municipalities to respond to the concerns of a minority of stakeholders. Finally, one stakeholder expressed concerns that some local authorities lack the resources to prepare applications for, and implement, comprehensive vessel operation restrictions, which could lead to an uncoordinated patchwork of restrictions on waterways that border multiple local authorities.

In the spring and fall of 2023, as well as in winter 2024, TC also provided written updates to Indigenous communities and organizations across the country, including local communities, aggregates, governments, treaty organizations and the National Indigenous Organizations, which represent First Nations, Inuit and Métis peoples. These updates are distributed to Indigenous communities and organizations (over 800 entities) on a bimonthly basis, to allow for focused, holistic engagement on TC’s regulatory projects related to marine safety and security. The spring 2023 update was general in nature and aligned with the update presented to CMAC. The fall 2023 update focused on the proposed solutions to outstanding issues around the VORR and invited Indigenous communities and organizations to take part in the Let’s Talk Transportation online consultation launched on October 12, 2023, (details below) to review these proposals in greater detail and provide feedback. The winter 2024 update provided information about TC’s proposed amendments to the VORR and noted TC’s target to prepublish the amendments in the Canada Gazette, Part I, in spring 2024. No comments were received on the update provided.

The concerns raised to CMAC, and in the stakeholder letter, regarding consultations hosted by local authorities and the expectations for comprehensive analysis to accompany applications would be addressed through the Guide, which would continue to provide clear guidelines on the comprehensive process and essential information needed to ensure that submissions submitted by local authorities meet all requirements. The proposed Regulations would maintain in the amended section 4 the language underscoring the need for consulting local stakeholders and clarify that applications need to be submitted in the form and manner specified by the Minister of Transport, as has always been the case. The Guide provides information on the essential elements and steps for the vessel operation restriction application process, including the need to ensure that local authorities work with all local waterway users and impacted stakeholders in identifying solutions to issues on their waterways. Transport Canada is undertaking a full revision of the Guide in order to clarify details around the essential elements and necessary steps for the development of a comprehensive vessel operation restriction application. Transport Canada is also developing an application template to help ensure an efficient and consistent process is understood and followed by local authorities across Canada. Work on the Guide and accompanying application template is underway and will be posted on the Office of Boating Safety’s web page once it is complete. The revised Guide would be finalized prior to the coming into force of the proposed Regulations. It should be noted that the Guide is only one tool and that the key support to local authorities is provided by the Office of Boating Safety, with locations in TC’s five regional offices. Boating Safety Officers at these offices would continue to be available to answer questions and provide advice on the Guide.

Regarding waterways that border multiple local authorities and concerns regarding overlapping restrictions or lack of collaboration between partners, TC already has processes in place to avoid contradictory or confusing restrictions. Regional Office of Boating Safety officers are always available to meet and inform local authorities interested in vessel operation restrictions on the process to be followed for submission of applications and respond to any concerns. In cases where different local authorities are looking to address a common waterway issue, TC officials are available to support and provide solutions on a way forward in collaboration with all impacted authorities. Note that, in response to concerns regarding necessary resources to advance an application, participation in the development of a submission does not necessarily have to be split evenly; a municipality with more resources to assign to the project could lead with support from others to better distribute the workload. Vessel operation restrictions are not currently implemented on a local authority’s waters without its approval, or in the absence of consultations with affected citizens. This process would not change under the proposed amendments. Finally, TC would not recommend approving restrictions that would split waterways in half, which would have the high probability of moving problems from one side to the opposing side of a waterway, as this would go against the objectives of the CSA 2001 of protecting the health, well-being and safety of individuals who participate in marine transportation and recreational boating and protecting the marine environment from damage due to navigation.

September 14, 2024

VORR Let’s Talk Transportation consultation — Fall 2023

On October 12, 2023, an online Let’s Talk Transportation consultation with marine stakeholders, including Indigenous groups, was launched on the proposed Regulations and related initiatives (e.g. updating the Guide) for a 60-day comment period. The consultation was announced on behalf of the Minister of Transport in a press conference and was further promoted by a targeted social media campaign. In addition, TC utilized its national and regional distribution lists, in collaboration with partners, to inform stakeholders of the consultation. The online consultation consisted of an intentions paper on TC’s proposed approach, three topics (open questions) on the main page and a survey outlining ranked options and several open-ended questions seeking additional feedback beyond the participants selected responses.

The survey sought feedback on two main items: first, TC’s proposal to incorporate by reference the schedules of the VORR in order to provide for a timelier implementation of approved restriction applications; and second, the new ministerial order authority that would allow the Minister of Transport to temporarily suspend or modify the operation of the VORR to respond to time-sensitive issues, until the necessary regulatory amendments can be developed and enacted.

The VORR modernization consultation closed on December 12, 2023. Transport Canada received 170 written responses to the general open-ended questions on the Let’s Talk Transportation web page. In addition, 606 emails were sent directly to TC about the proposal. A total of 384 participants completed the ranked options questions from the online survey, and 1 276 written responses to the open-ended questions in the survey were provided by participants wanting to include additional details to their chosen response (11 out of 13 questions offered this option). In total, TC received 2 052 written comments. It should be noted that the total number of responses from the survey (1 276) does not align with the number of participants (384) who completed the survey since a single commenter had the opportunity to comment on each open-ended question. In addition, the survey was anonymous, including the written comments, which means that TC does not know the demographic profile of the 384 participants who completed the survey. However, using the data from the 606 emails and 170 responses to the general web page, TC has identified that 94.3% of respondents identified as individuals; 1.2% were from the marine industry; 0.5% from government organizations; and 4% from associations and non-governmental organizations. Finally, it should also be noted that 575 of the 606 emails came from the six industry and boating associations representatives, and the remainder from individuals, as part of a letter campaign.

Feedback provided via email was generally supportive of TC’s proposed approach but stressed the importance of ensuring that local authorities conduct robust consultations with relevant stakeholders, such as boat owners and boating and tourism industry associations, before new restrictions are implemented. Regarding the use of ministerial orders to address exceptional circumstances, stakeholders stressed the need for TC to apply objective and consistent criteria and suggested that the duration of orders should be limited to one year (instead of two) with an option to renew for one additional year if needed. Other comments, which are summarized in the “Additional modernization approaches” section below, pertained to various navigation issues that go beyond the scope of the proposed Regulations.

Initially, as part of the Let’s Talk Transportation consultation, survey participants were asked to rank overall, in order of priority, the proposed changes to modernize the VORR. Survey results showed that stakeholders are most concerned with ensuring that local waterway issues are addressed in a more timely manner whether through the use of the ministerial order authority to have new and pressing issues addressed quickly, or using an approach that allowed for timelier implementation such as incorporation by reference of the schedules. Only 39% of survey participants listed limiting TC’s role in the review process as a priority. In relation to TC’s role, three quarters (78%) of survey participants indicated that TC should continue to consult/seek feedback once local authorities have submitted new restriction requests, signalling that TC should keep some form of oversight on the proposed restrictions, a feeling that was also raised by 2.9% of correspondents.^{footnote 1}

Finally, notwithstanding that most stakeholders support incorporating by reference the schedules of the VORR, some survey participants (4.1%) expressed the opinion that the VORR application process itself should not be changed and some survey participants (1.1% of participants) expressed that local authorities are not equipped to provide sound responses to waterway issues. It should be noted that, prior to the launch of the consultation, information was shared within the boating community, which may have led some commenters to believe local authorities would be able to implement vessel operation restrictions without the Minister of Transport’s approval (e.g. through only a municipal resolution), alarming some stakeholders. Transport Canada’s intention in incorporating the schedules of the VORR is to enable TC to approve applications in a timelier manner. Local authorities wishing to apply for restrictions would continue to have to abide by the process established in the Guide.

Incorporation by reference

Incorporating by reference the schedules of the VORR would respond to stakeholder concerns about the length of time required to have a VORR restriction implemented. Over half (59%) of survey participants supported modifying the VORR schedules by updating an incorporated document to implement new restrictions faster. Some correspondents (3.9%) opposed this change; however, their opposition was based on the misapprehension that the schedules would no longer be legally binding if incorporated by reference. One of the main concerns raised by 56.2% of survey participants regarding removing the schedules from the VORR and incorporating them by reference was about ensuring that comprehensive consultations will still be conducted before any new restrictions are enacted. Under the current framework, proposed restrictions go through the regulatory process, under which they are prepublished for comment in the Canada Gazette, Part I. Prepublication provides an opportunity for stakeholders and all Canadians to review and comment on regulations before they are brought into force. Moving the schedules to the VORR into a TP that is incorporated by reference would allow TC to add new restrictions without having to go through the regulatory process, i.e. without having to prepublish proposed restrictions in the Canada Gazette. While this approach would allow new restrictions to be made and implemented faster, it would mean the elimination of the consultation opportunity afforded by prepublication. Stakeholders have stressed the need to ensure that comprehensive consultations are conducted on proposed restrictions at the local level with all waterway users and impacted stakeholders before they are added to the schedules. In particular, stakeholders expressed concerns about ensuring that special interest groups do not have a disproportionate level of influence over the process. Stakeholders indicated that they should be engaged early and throughout the local decision-making process to ensure the effectiveness of the proposed solutions to waterway issues, including in the development of any vessel operation restriction applications.

The survey also asked participants which key stakeholders should be consulted on proposed restrictions by local authorities. Most survey participants and correspondents indicated that a broad approach would be needed: one that includes consultations with residents living near the waterway, local boat owners, local businesses, lake associations, boating associations, environmental groups, neighbouring communities, tourism promoters and law enforcement agencies. A survey question about how to inform stakeholders on proposed approaches to addressing waterway issues, including the proposed new restrictions, resulted in comments stating that all means of communication available to the local authority and partners should be used to widely inform the population about proposed restrictions. This includes social media, local newspapers and radio stations, local authorities’ websites, postings at local marinas and boating businesses, and leveraging local associations’ membership lists.

Another survey question related to the length of time a consultation should be open. From the three options provided (90 days, 60 days, and 30 days), over half (57%) of survey participants supported a 90-day consultation period at the local level, and about a quarter (22%) supported a 60-day consultation period.

Finally, more than half of stakeholders who submitted written comments identified the need to have clear and consistent requirements for local authorities applying for restrictions. For example, stakeholders felt that applications for restrictions should include comprehensive analysis of waterway users; current issues; environmental assessments; non-regulatory solutions explored, etc.

As mentioned previously, TC will revise the Guide to clarify essential elements and steps of the vessel operation restriction application process, including comprehensive consultations, to facilitate local authorities’ collaboration with all waterway users and impacted stakeholders in identifying solutions to local waterway issues and preparing vessel operation restriction applications. The revised Guide would also include a detailed application template in order to ensure that a consistent approach is followed by local authorities across the country when developing vessel operation restriction applications, which would support TC’s review of applications. A revised Guide will be published on TC’s web page, providing transparency and clarity to all stakeholders about expectations for the preparation of applications. Transport Canada’s oversight of the application process will continue to ensure that all steps have been completed prior to recommending approval by the Minister of Transport. Consultation, however, would be done entirely at the local level, according to the form and manner specified by the Minister of Transport in the Guide. However, it is important to note that, at this time, TC has no intention of specifying a time requirement for local authorities to consult on their proposed restrictions. The guidelines around comprehensive consultations could include information on best practices; however, local authorities will have to decide on what is a reasonable amount of time for consultations to be held, including during what time of the year, based on multiple factors such as the characteristics and demographics on the waterway, the type of restrictions proposed and level of impacts on stakeholders.

Ministerial orders

In terms of using the new ministerial order authority, almost three quarters (71%) of survey participants supported using ministerial orders to implement restrictions for new and emerging safety or environmental issues on Canada’s lakes, rivers, and waterways. However, some correspondents (2.5%) indicated their objection to using this new authority unless the ministerial order is clearly required for a serious and time-sensitive issue that must be mitigated until a permanent solution can be agreed upon. These correspondents felt that an analysis of the issue, including consultations, and, in the case of environmental issues, sound evidence, should be minimal requirements. Some correspondents (3.6%) also provided a list of other issues for which orders should be used, such as large-scale pollution risks, addressing floating homes, seaplanes, special events (e.g. regatta), vessel noise, preventative measures to address environmental issues, etc. Stakeholders stressed that multiple means of communication and working directly with the local authorities involved would be crucial to ensuring that all waterway users and impacted stakeholders are well informed of the restrictions being put in place and of future consultations on finding permanent solutions. Just under half of correspondents (49.8%) were of the view that the orders should be limited to a one-year period (instead of the current maximum time frame of two years), with potential for a one-year renewal, if required.

Transport Canada’s view is that ministerial orders would be used on a case-by-case basis. For example, there may be a need to implement a restriction urgently on a specific waterway due to a time-sensitive issue that requires quick response until the local authority can fully consult and develop a comprehensive solution to address the problem. An example could be the recurrence of boating accidents on a heavily crowded waterway where a local authority requests a temporary restriction to mitigate navigational safety concerns and reduce the likelihood of accidents. A ministerial order would not be used to circumvent the process that is described in the Guide. Even for a request from a local authority to respond temporarily to a time-sensitive issue, the preliminary assessment form provided in the Guide would need to be completed and, upon receipt, reviewed by TC officials who would prepare a recommendation to the Minister of Transport based on the evidence provided for timely introduction of a temporary solution. Another way the ministerial order could be used would be to address an emerging issue raised by a significant number of stakeholders for which an immediate action may be required. However, the type of restriction necessary to respond to the problem does not currently exist in the VORR, e.g. an issue arising from an invasive species or from the use of a new or emerging technology. The ministerial order would be used to introduce a new type of restriction temporarily until a regulatory amendment approved by the Governor in Council can be completed. The ministerial order would cease to have effect after two years or as soon as the relevant provision(s) set out in the order have been codified in the VORR, whichever comes first. The order could also be repealed at any time by the Minister of Transport if the Minister of Transport is satisfied that the issue which gave rise to the order is no longer present. It is important to note that the maximum two-year period established for these ministerial orders was chosen based on the average time it takes for a regulatory amendment to come into force through the Governor-in-Council approval process.

Additional modernization approaches

A majority of survey participants (56%) indicated they would support other approaches to respond to waterway issues, including non-regulatory solutions, such as increasing safe boating education and awareness activities; providing the public with better access to information on current restrictions (e.g. digital maps); conducting surveys to gather information on waterway users; and ensuring sufficient resources and personnel are available for enforcing restrictions that are already in place. Some correspondents (1.4%) believed that a simplified vessel operation restriction application should be developed, pointing to the possibility of removing requirements such as the cost-benefit analysis. Others suggested that environmental studies developed for other waterways be used for waterways with similar characteristics instead of conducting a new study for each new application.

Other correspondents (1.2%) suggested options for different amendments to the VORR, which had also been shared in previous consultations, such as implementing universal restrictions across the country, similar to the universal shoreline speed restriction under section 7 (limit of 10 km/h, 30 m from shore). Such universal restrictions, according to correspondents, could be based on defined minimal waterway characteristics (e.g. length, width and depth) that are required to perform certain activities; these activities would be restricting on waterways that do not meet these characteristics. Lastly, one municipality and one individual requested that the universal shoreline speed restriction under section 7 of the VORR (limit of 10 km/h, 30 m from shore) be implemented across the province of Quebec.

Transport Canada recognizes that many of the regulatory and non-regulatory suggestions provide interesting and useful perspectives, and they will be considered when exploring and developing future proposals related to the VORR and boating activities in general. For example, TC agrees that looking at solutions to provide better access to restriction information (e.g. digital maps) and conducting surveys on waterway users would be beneficial projects to look into, both for stakeholders and local authorities. Transport Canada is also in agreement that the application process should be as clear as possible and will keep this in mind as revisions are made to the Guide; however, TC cannot support removing key elements of the application process, such as the cost-benefit analysis (as suggested by some stakeholders). The essential elements of the application process outlined in the Guide, such as the cost-benefit analysis, help to ensure consistent, evidence-based decision making in relation to all new and amended vessel operation restrictions.

Regarding other suggested amendments to VORR, such as the use of universal restrictions based on waterway characteristics and minimal conditions (e.g. length, width and depth) required for undertaking an activity such as wake surfing, additional research and comparative analysis would be needed. Regarding the comment on introducing the universal shoreline speed limit restriction in the province of Quebec, TC is open to amending the VORR to include the province of Quebec under this restriction if the province wishes to do so. However, due to the nature and characteristics of different waterways across the country, a better understanding of the issues and the feasibility of a universal solution would be needed.

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. The proposal may be of interest to treaty governments broadly, as it touches on the subject of marine transportation, navigation and water resources where treaty rights and interests are present; however, no treaty obligations are triggered. Treaty partners have been consulted to seek their views on the proposed amendments. In the fall and winter of 2023, updates and consultation opportunities were provided to Indigenous communities and organizations across the country, including local communities, aggregates, governments, treaty organizations and the National Indigenous Organizations, which represent First Nations, Inuit and Métis peoples.

It should also be noted that it remains a requirement for local authorities, as part of the development of their applications for new restrictions, to consult local Indigenous communities and organizations regarding the potential impacts of their proposed vessel operation restrictions.

Instrument choice

Any order of government (i.e. local authority) can ask the federal government to restrict the use of vessels on any waterway in Canada. Local authorities are encouraged to find non-regulatory solutions prior to seeking a regulatory restriction through the VORR. Through consultations held by local authorities as part of the vessel operation restriction 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 VORR, an application is submitted to TC. Under the proposed approach, local authorities would be provided with updated tools to facilitate the preparation of a vessel operation restriction application. However, TC would be responsible, instead of the Governor in Council, for approving applications and updating the VORR schedules to add new restrictions.

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 updates to be made to requirements without the need to complete the regulatory amendment process, which can be complex and time-consuming. The relevant authorities that allow for the use of incorporation by reference of the VORR schedules are found in subsection 32(4.01) of the CSA 2001.

Based on TC’s analysis, the incorporation by reference of the schedules of the VORR on an ambulatory basis would support the safety and environmental objectives of the CSA 2001 by facilitating the enactment and implementation of new and amended vessel operation restrictions on local water bodies in a timelier manner (than seeking Governor in Council approval). The schedules to the VORR would be amended regularly, at least once a year, based on the timing of receipt of vessel operation restriction applications, in order to implement vessel operation restrictions ahead of upcoming boating seasons.

Regarding the repeal of sections 16 and 17 (the enforcement designation and powers), non-regulatory options are not possible to achieve these objectives, as their removal from the VORR is necessary to align with the objectives of modernizing the VORR and cannot be completed without undertaking a regulatory amendment process.

To help ensure that the VORR remain accurate and up to date, technical corrections are needed from time to time. Proposed administrative corrections such as those proposed to section 4 and subsections 2(3) and 2(4) must be completed as part of the regulatory process.

Regulatory analysis

The proposed Regulations aim to modernize the VORR to address navigation and environmental issues specific to local waterways in a timelier manner and provide a faster response to enforcement designation requests. The proposed Regulations would also make administrative changes to enhance the clarity of essential elements of the vessel operation restriction application process in support of the modernization objective. Government of Canada personnel would expect time savings associated with the proposed new processes of restriction applications and the designation of enforcement officers, as new restrictions would no longer go through the regulatory amendment process to obtain Governor in Council approval. However, TC would bear, upon publication of the proposed Regulations, a minimal cost ($4,304) to reissue 28 designation authority certificates due to the proposed new approach, as well as minimal annual costs for updating the TP 15587E and more frequent communication with stakeholders.

Analytical framework

The costs and benefits for the proposed Regulations have been assessed in accordance with Treasury Board of Canada Secretariat (TBS) 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.

The benefits and costs associated with the proposed Regulations are assessed based on comparing the baseline scenario 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 Regulations. The regulatory scenario provides information on the intended outcomes of the proposed Regulations. Further details on these two scenarios are presented below.

Impacted stakeholders

The proposed Regulations would affect local authorities by accelerating the approval processes for vessel operation restriction applications and enforcement designation requests. Boating communities would also be affected, as the proposed Regulations would enable environmental and safety issues specific to local waterways to be addressed in a timelier manner. In addition, Government of Canada personnel would experience time savings as new restrictions would no longer go through the regulatory process for applications of vessel operation restrictions and enforcement designations.

Baseline and regulatory scenarios

Under the baseline scenario, vessel operation restrictions in Canadian waters are prescribed in eight schedules of the VORR. Local authorities follow the Guide to apply for vessel operation restrictions where elements of the process are presented in Table 1. Transport Canada receives on average three applications per year. In addition, the approval of vessel operation restrictions and the enforcement designation to local authorities require going through the regulatory process to obtain Governor in Council approval. Confusion on some vessel operation restrictions prescribed under the VORR could lead to misinterpretation by waterway users and enforcement officers.

Under the regulatory scenario, schedules of the VORR would be repealed and integrated into a new TP 15587E, which would then be incorporated by reference into the proposed Regulations. Although not a regulatory amendment, the proposed changes to the Guide would not introduce changes to the process or to the essential elements described in Table 1. Transport Canada would revise the Guide by adding clarifications to existing elements of the application process in the form and manner specified by the Minister of Transport. The application processes of vessel operation restrictions, as well as enforcement designations for local authorities, would be streamlined, both of which would no longer go through the regulatory process. Transport Canada would be using authority under CSA 2001 as the mechanism to designate all enforcement officers, including existing ones. Transport Canada would also develop a supporting template and tools to facilitate local authorities to comply with the Guide. Even though the approval process would be faster, TC does not expect the number of yearly applications to increase as the process for preparation of vessel operation restriction applications by local authorities would remain the same. The proposed Regulations would also make a few administrative corrections, which would clarify requirements on restrictions.

Benefits and costs

Benefits

The proposed Regulations would benefit both local authorities and members of the local recreational boating community. The removal of the Governor in Council approval from the process for vessel operation restrictions on local waterways and enforcement designations would provide an efficient and agile mechanism to address navigational safety and environmental issues, as well as facilitate the deployment of enforcement resources in a timelier manner to quickly implement actions to protect the environment and the safety of Canadians in those areas. The revised Guide, including its supporting tools, would help ensure that applications are developed in an efficient and consistent manner across Canada.

The administrative corrections would clarify requirements of restrictions applicable to waterway users and designated entities, and therefore would promote compliance and the effectiveness of enforcement.

Moreover, the removal of the regulatory process would allow personnel within the Government of Canada to save time on developing regulatory proposals associated with the restriction applications and enforcement designation requests.^{footnote 2}

Costs

The revised Guide would provide comprehensive details to facilitate local authorities’ preparation of applications for vessel operation restrictions; however, the proposed Regulations would not introduce any new requirements to establish new restrictions. The revised Guide would clarify the essential elements and would not add any new elements or steps (see Table 1). In addition, the proposed amendment to the application process for enforcement designation would not affect local authorities as only the designation mechanism would change. Therefore, it is expected that, overall, the proposed Regulations would not impose costs on impacted stakeholders.

As mentioned before, the proposed Regulations would not change the process to develop new restrictions, and it is expected that the TC internal approval process would remain the same, and therefore, no additional cost is expected. The use of the new enforcement designation mechanism under section 135 of the CSA 2001 and the repeal of section 16 of the VORR would require TC to reissue 28 existing designation authority certificates. It is expected to take a total effort of about two hours by various levels of TC personnel per certificate reissuance, which would include the preparation, review, approval and issuance of each certificate. The estimated cost for TC would be approximately $4,304 in 2025.^{footnote 3} Transport Canada would redesignate enforcement officers listed under section 16 of the VORR upon final publication of the Regulations.^{footnote 4}

Transport Canada would also incur costs for developing a new TP 15587E to integrate existing schedules under the VORR, as well as updates to the Guide, including associated supporting templates and tools, and for the development of a web page dedicated to VORR. As per TBS’s Policy on Cost-Benefit Analysis, such costs are not included in this analysis, as they would occur before the proposed Regulations are registered. However, upon final publication of the proposed Regulations, TC would communicate, through an announcement by the Minister of Transport and a news release, the changes to the VORR. It is also expected that TC would have to update the TP 15587E and to communicate more frequently with local authorities and the boating community, through existing communication channels and by updating the TC website, to inform of any updates. These additional annual costs to TC are expected to be minimal.

In addition, at some point in the future (after registration of the proposed Regulations), the Guide may add new elements pertaining to what would need to be provided and reviewed for the vessel operation restriction application process, which could be perceived as introducing incremental impacts on both local authorities and TC. However, given that (1) any such additions could already be introduced to the Guide under the baseline scenario, and (2) no such changes are being put forward at this time, there would be no incremental costs attributed to the proposed Regulations.

Finally, the proposed Regulations aim to reduce the time required to implement vessel operation restrictions on local waterways. It is therefore expected that some affected stakeholders (i.e. boaters/owners) would have to adapt faster to the new restrictions being introduced.

Small business lens

Analysis under the small business lens concluded that the proposed Regulations will not impact Canadian small businesses. By removing the Governor in Council from the process for enacting new or amended vessel operation restrictions on local water bodies, the proposed Regulations would reduce the time required to implement vessel operation restrictions on local waterways. It is acknowledged that small businesses may be impacted in the future if new vessel operation restrictions are added to the TP 15587E (which would replace schedules of the VORR and be incorporated by reference into the proposed amendments), as restrictions that limit activities in waterways could affect small businesses connected directly or indirectly to those waterways. In such cases, small businesses would have to adapt faster to the new restrictions being introduced.

One-for-one rule

The one-for-one rule does not apply as the proposed Regulations would not result in any impacts on business.

Regulatory cooperation and alignment

The amendments are not related to a work plan or commitment under a formal regulatory cooperation forum. In addition, the proposed Regulations fall directly under the legislative powers of the federal government over navigation and shipping, and there are no discrepancies with other jurisdictions’ regulations.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals and the TC Policy Statement on Strategic Environmental Assessment (2013), the strategic environmental assessment (SEA) process was followed for these amendments and a sustainable transportation assessment was completed. In general, no important environmental effects are anticipated as a result of these changes. The proposed amendments include measures to significantly decrease the delays required to introduce new restrictions to the VORR. These measures may result in some environmental benefits, as critical issues on bodies of water would be addressed in a timelier matter. The SEA also considered potential effects to the environmental goals and targets of the Federal Sustainable Development Strategy. As important environmental effects are not anticipated, a detailed SEA is not recommended.

Gender-based analysis plus

In general, recreational boaters and boat owners are equally represented among the various demographic groups identified under the gender-based analysis lens. An increase in recreational boating participation by millennials has been identified in recent years (Boating Statistics in 2023, United States, Quicknav) bringing the number of participants closer to the older demographics. This contrasts with the general understanding that power-driven boat ownership is expensive and is usually only possible for older adults with more disposable income. Data on children’s participation in recreational boating was not available through TC’s research. However, available statistics obtained through demographic surveys indicate that the majority of adult boating participants have children in their households, which can be assumed to translate to some degree of participation by those under 18 years of age. Data is missing in terms of individuals living or participating in activities along the shoreline of waterways, which are frequently used for recreational boating.

When restrictions are put in place, they have an impact on all recreational boaters and waterway users. However, based on the type of restriction being imposed and activities in which the various groups participate, a specific type of restriction can translate into either negative impacts or benefits for specific demographic groups. Vessel operation restrictions usually result in a loss of leisure opportunity for recreational boaters on some or all sections of waterways, particularly when restrictions have an impact on motorized boats and recreational activities (e.g. waterskiing and wake surfing). For example, there could be negative impacts specific to younger individuals who are highly involved in recreational activities such as wake surfing. In addition, negative impacts may also take place through the streamlined implementation process of vessel operation restrictions as particular groups identified as boat owners/users would have to adapt faster to the new restrictions being introduced. Conversely, these same restrictions can have benefits for human-powered pleasure craft (e.g. kayaks and canoes) and swimmers, as the waterways become safer for those practising these types of activities.

It is important to note that while the proposed Regulations would streamline the process for introducing new vessel operation restrictions, they do not include any new restrictions.

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. Once the proposed Regulations come into force, existing restrictions on local water bodies would be available in the new TP 15587E, Schedules of the Vessel Operation Restriction Regulations. New restrictions requested by local authorities would be added to TP 15587E on a regular schedule each year and/or as necessary, subject to the approval of the Minister of Transport.

Matters pertaining to navigation and shipping fall under the jurisdiction of the federal government, and the spirit behind the VORR is one of partnership between federal, provincial, and local governments. Following the approval of the proposed Regulations through publication in the Canada Gazette, Part II, TC would hold a national announcement on the changes to the VORR and would publish a web page dedicated to the VORR. A robust communications strategy, including a news release on the modernized VORR, would take place alongside a targeted social media campaign (e.g. on Instagram). The target audience for receiving notice of the changes to the VORR and the revised vessel operation restriction application process would be local authorities, waterway users, and other impacted stakeholders. In addition, TC’s regular means of communication to marine stakeholders, such as the use of TC’s stakeholder distribution lists and ongoing collaboration with key partners, would be used to widely inform local authorities and the boating community of the updates. Transport Canada’s website would provide detailed information on the VORR (i.e. the purpose of the VORR, the application process, contact information for regional offices, and links to the TP 15587E).

The proposed Regulations are not expected to have an impact on the effectiveness of new or amended vessel operation restrictions. Local authorities would continue to follow the same process specified by the Minister of Transport and would need to provide the same information outlined in the Guide, using the new application template when they apply for new vessel operation restrictions. Completed applications would be submitted directly to TC’s regional Office of Boating Safety (OBS) for review. Regional OBS officers are responsible for ensuring that all proposed restrictions are justified, confirming that alternative measures have proven unsuccessful, and confirming that consultations with impacted waterway users and stakeholders have taken place. Transport Canada officials can also request supporting documentation for review if they have additional questions.

Upon receipt of a vessel operation restriction application from a local authority, regional OBS officers would have 30 days to analyze the application and make a recommendation to OBS Headquarters (OBS HQ) in TC. Upon receipt of a vessel operation restriction application from regional OBS, OBS HQ would have 30 days to analyze the request. If the information is complete and all criteria are met, OBS officials would provide a recommendation to the Minister of Transport for decision. The TP 15587E, Schedules of the Vessel Operation Restriction Regulations would be amended within 15 days after the Minister of Transport approves. If the application is deemed incomplete at any stage of the review process, it would be returned to the local authorities with specific instructions on areas requiring additional work within the service standards described above. Regional OBS officials would work closely with the local authorities to support the completion of the application. The service standard for subsequent reviews of an application by regional OBS officers and OBS HQ, respectively, would be 15 days per review.

The procedure to inform local authorities of the approval of their restriction application would not change. TC would prepare and send a letter to the local authority’s representative informing them of the approval and would include a link to the amended TP 15587E for their reference. In addition, the letter would remind the local authorities of their responsibilities in managing their restriction such as

• informing the public and waterway users of the restrictions now in place;
• creating, installing and maintaining signage, including bearing all associated costs; and
• ensuring enforcement resources are in place to verify compliance on the waterway.

Any serious disputes (e.g. a situation where a local authority disagrees with TC officials’ position in relation to the readiness of the application and/or TC’s instructions regarding additional information required to finalize an application) could be brought to the attention of the Minister of Transport, who has decision-making authority on the approval of restrictions. However, such a situation has not occurred to this point as TC works through any potential issues with local authorities as they complete their applications, including confirming that the proposed restrictions are required and in line with the solutions that have been identified to address the waterway issues.

In terms of submitting requests for corrections to an existing restriction (i.e. an administrative correction such as modifying erroneous geographic coordinates or updating a water body name that has changed), the process would remain the same. Any individual who notices an error in the restrictions would have to advise the respective local authority who would confirm the error and submit the recommended changes to TC. Following a review by TC and approval by the Minister of Transport, the correction would be made to the TP 15587E and stakeholders would be informed of the change. Any changes to the existing restriction that would be considered of substance, such as changing the agreed upon speed limit, would require a new complete application from the local authority as per the process outlined in the Guide. It should be noted that TC officials are developing a strategy to review all existing VORR restrictions, in collaboration with local authorities, in order to ensure the accuracy of the current restrictions.

It is understood that restrictions are solutions to identified issues on local waterways by local authorities, in collaboration with their citizens. There could be instances where the circumstances that brought upon the issue have changed over time or that the chosen solution is found to be ineffective. Local waterway users or local authorities themselves may initiate discussions on the restrictions, their efficacy, or the need for a different approach. In accordance with the Guide, any proposed changes to the restrictions would require a new complete application from the local authority.

In terms of evaluating the new proposed approach, TC would develop an evaluation strategy that would focus on the time taken by TC to review applications at each level as per established service standards, the number of restrictions received before the application deadline and implemented prior to the next boating season as per the overall goal of VORR modernization, and the number of applications received with minimal requirements for additional information other than administrative details. In addition, as part of their application for a vessel operation restriction, local authorities would continue to be required to provide a procedure for evaluating the effectiveness of the restriction one year after implementation. The results of this evaluation would be provided to TC for future analysis.

Regarding the change in mechanism for the enforcement officer designation, TC would redesignate enforcement officers listed under section 16 of the VORR in advance of the publication of the proposed Regulations to ensure continuity on the day of coming into force. All impacted enforcement agencies would be informed of the change and provided with a new designation certificate under subsection 135(1.1) of the CSA 2001.

In the future, any amendments to the TP 15587E, Schedules of the Vessel Operation Restriction Regulations would be communicated to stakeholders through email notifications from TC’s stakeholder distribution lists. The email would include a detailed list of all relevant changes and a link to the TP 15587E, which would be publicly available in both official languages at no cost on TC’s website in an accessible format. Additionally, the TC website would include a new heading with the date and details of each amendment in both official languages so that users are aware of any changes since the last time they may have visited the website. All changes would be appropriately reviewed and validated by TC officials to ensure that they remain consistent with the CSA 2001 and its regulations.

The Contraventions Regulations, made pursuant to the Contraventions Act, set out prescribed fine amounts for contraventions of designated provisions within regulations, including the regulations made under the CSA 2001. A schedule to the Contraventions Regulations sets out specific contravention amounts for non-compliance with VORR restrictions up to a maximum of $500 for violations. In addition to ticketing under the Contraventions Act, enforcement of the VORR may be carried out by way of summary conviction, pursuant to the CSA 2001, and will remain so following the proposed modernization.

Contact

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 75 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, September 11, 2024

Wendy Nixon
Assistant Clerk of the Privy Council

Regulations Amending the Vessel Operation Restriction Regulations

Amendments

1 (1) The definition provincial authority in section 1 of the Vessel Operation Restriction Regulations ^{footnote 5} is repealed.

(2) The definition power-driven in section 1 of the Regulations is replaced by the following:

power-driven,

in respect of a vessel, means that the vessel is propelled by a mode of propulsion provided by a main propelling machinery that is an internal combustion engine or a steam engine. (propulsion mécanique)

(3) Section 1 of the Regulations is amended by adding the following in alphabetical order:

TP 15587

means TP 15587E, Schedules of the Vessel Operation Restriction Regulations, published by the Department of Transport, as amended from time to time. (TP 15587)

2 (1) Subsections 2(1) to (6.1) of the Regulations are replaced by the following:

2 (1) A person must not operate a vessel in the waters described in Schedule 1 in TP 15587, except as indicated in that Schedule.

(2) A person must not operate a vessel driven by electrical propulsion or a power-driven vessel in the waters described in Schedule 2 in TP 15587, except as indicated in that Schedule.

(3) A person must not operate a vessel driven by electrical propulsion that has an aggregate maximum power greater than 7.5 kW or a power-driven vessel in the waters described in Schedule 3 in TP 15587, except as indicated in that Schedule.

(4) If a vessel driven by electrical propulsion or a power-driven vessel has an engine power greater than the maximum engine power set out in column 4 of Schedule 4 in TP 15587, a person must not operate that vessel in the waters described in columns 1 to 3 of that Schedule, except as indicated in that Schedule.

(5) A person must not operate a vessel driven by electrical propulsion or a power-driven vessel in the waters described in columns 1 to 3 of Schedule 5 in TP 15587 at a speed in excess of the maximum speed set out in column 4 of that Schedule, except as indicated in that Schedule.

(6) A person must not operate a vessel driven by electrical propulsion or a power-driven vessel in the waters described in Schedule 6 in TP 15587 for the purpose of towing a person on water skis or on any other sporting or recreational equipment, except during any permitted hours set out in that Schedule.

(6.1) A person must not operate a vessel driven by electrical propulsion or a power-driven vessel in the waters described in Schedule 7 in TP 15587 for the purpose of allowing a person to wake surf, except during any permitted hours set out in that Schedule.

(2) The portion of subsection 2(7) of the Regulations before paragraph (a) is replaced by the following:

(7) A person must not operate a vessel driven by electrical propulsion or a power-driven vessel at a speed in excess of 10 km/h within 30 m of the shore in the following waters:

(3) Paragraph 2(7)(d) of the Regulations is replaced by the following:

• (d) the rivers and lakes in Nova Scotia; or

(4) The portion of paragraph 2(8)(b) of the Regulations before subparagraph (i) is replaced by the following:

• (b) in respect of a vessel that is operated

(5) Subparagraph 2(8)(b)(ii) of the Regulations is replaced by the following:

• (ii) in any waters described in Schedule 5 in TP 15587.

3 Section 4 of the Regulations is replaced by the following:

4 If a local authority seeks, in respect of certain waters, the imposition of a restriction that is of the same nature as a restriction imposed by any of subsections 2(1) to (7) and 11(2), the local authority must undertake public consultations with parties that would be affected by the proposed restriction and submit an application in the form and manner specified by the Minister.

4 (1) Subsection 6(1) of the Regulations is replaced by the following:

6 (1) The Minister may authorize in writing any person or class of persons to place a sign in an area for the purpose of indicating that a restriction in respect of waters described in one of the schedules in TP 15587 has been imposed by any of subsections 2(1) to (6.1) and 11(2).

(2) Subsection 6(3) of the Regulations is replaced by the following:

(3) If the restriction is removed, the Minister must cancel the authorization and inform the person of the cancellation.

5 Subsections 11(1) and (2) of the Regulations are replaced by the following:

11 (1) A person must not hold a sporting, recreational or public event or activity in waters, other than those described in Schedule 8 in TP 15587, in a manner or at a place that would interfere with the safe and efficient navigation of vessels.

(2) A person must not hold a sporting, recreational or public event or activity in the waters described in Schedule 8 in TP 15587 unless the person is authorized to do so by a permit issued under subsection 12(1).

6 The heading before section 16 and sections 16 and 17 of the Regulations are repealed.

7 Schedules 1 to 8 to the Regulations are repealed.

Coming into Force

8 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

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