Regulations Amending the Vessel Operation Restriction Regulations: SOR/2025-158

Canada Gazette, Part II, Volume 159, Number 17

Registration
SOR/2025-158 July 30, 2025

CANADA SHIPPING ACT, 2001

P.C. 2025-596 July 30, 2025

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Amending the Vessel Operation Restriction Regulations under subsection 136(1)^{footnote a} of the Canada Shipping Act, 2001 ^{footnote b}.

Regulations Amending the Vessel Operation Restriction Regulations

Amendments

1 (1) The definition provincial authority in section 1 of the Vessel Operation Restriction Regulations ^{footnote 1} is repealed.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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

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 2019, to support the application process, TC revised the Local Authorities’ Guide (PDF) [the Guide]. Although the Guide helped to streamline and standardize the application process, 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 incomplete or inconsistent applications to local authorities for further development.

Furthermore, TC has received requests from local authorities and stakeholders to cede the federal government’s regulatory powers to set vessel operation restrictions on local waterways to municipalities. Some local authorities have expressed the desire for direct decisionmaking powers in managing issues on their local waterways, so that they can identify and put in place restrictions more quickly, without having to engage TC and have proposed restrictions go through the federal regulatory amendment process.

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 that the 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 creates confusion among stakeholders and enforcement entities, as it is not clear if the new 7.5 kW limit also applies 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 all power-driven vessels while allowing 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 wording of the subsection and title of the restriction as it is, as opposed to clearly identifying them as two separate elements of the provision, could lead to misinterpretation among certain waterway users and enforcement officers about what is permitted and what is not, as the 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. Furthermore, 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 Regulations) will 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 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. The amendments to section 4 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, provide 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 on which all vessels are prohibited;
• waters on which vessels driven by electrical propulsion and power-driven vessels are prohibited;
• waters on which vessels driven by electrical propulsion that have an aggregate maximum power greater than 7.5 kW and power-driven vessels are prohibited;
• waters on which vessels driven by electrical propulsion and power-driven vessels are subject to an engine power limit;
• waters on which vessels driven by electrical propulsion and power-driven vessels are subject to a speed limit;
• waters in which towing a person on any sporting or recreational equipment is prohibited, except during the permitted hours;
• waters in which allowing a person to wake surf is prohibited, except during the permitted hours;
• waters in which a sporting, recreational or public event or activity is prohibited;
• provincial and territorial waters on which vessels driven by electrical propulsion and power-driven vessels are subject to the universal shoreline speed limit of 10 km/h within 30 metres 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 includes identifying the characteristics of the waterway and demographics of its users, current issues, potential solutions, including non-regulatory approaches that could 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, officers from the Office of Boating Safety (OBS) will provide the local authority a presentation on the VORR and the application process, and they will confirm the local authorities’ eligibility to apply for restrictions 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. TC 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. TC also believes that local authorities have a direct role to play in identifying safety and environmental issues on local waterways and deciding on which solutions, including non-regulatory and regulatory measures, such as 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 provide for regulations made under regulation-making authorities such as subsection 136(1) of the Canada Shipping Act, 2001 (which is relevant for the purpose of the VORR), to incorporate by reference material produced by the Minister of Transports [subsection 32(4.01) of the CSA 2001].

Additionally, the legislative changes create 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 the 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 Regulations represent Phase 3 of the modernization initiative, as they aim to restructure the VORR by making use of the recent changes to the CSA 2001. The Regulations will 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 will be incorporated by reference into the VORR. This approach will allow the Minister of Transport to add new bodies of water to the 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.

Although the ministerial order authority set out in subsection 136(3) of the CSA 2001 does not require changes to the VORR itself under the Regulations, TC has developed policy documents under TC’s Marine Safety Management System 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 regular vessel operation restriction application process is otherwise appropriate.

Designation authority

Section 135 of the CSA 2001 was 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 only option was for the designations 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 under section 135 of the CSA 2001 will facilitate designations, and the repeal of sections 16 and 17 from the VORR will avoid redundancies.

Administrative corrections

Over the past year, TC has received questions from stakeholders regarding subsection 2(3) of the VORR, as commenters feel that the wording in the VORR is 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 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 of the VORR. TC’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.

Additional changes to the VORR are needed to address minor wording inconsistencies and to align provisions under section 2 with changes made to subsections 2(3) and 2(4).

Section 4 of the VORR 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 Regulations will make this authority clearer and more explicit to underscore the importance of following the Guide when preparing submissions.

The Guide 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. Amendments to section 4 will explicitly state that local authorities must “submit an application in the form and manner specified by the Minister of Transport.” The form and manner will be specified 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, will be removed to eliminate any confusion about which application requirements to follow.

In addition, section 4 is outdated because it references 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 Quebec, and its current role is limited to receiving, reviewing and maintaining a repository of restrictions for future reference.

The existing framework of incomplete and outdated information within section 4 being supplemented by the Guide has the potential to create confusion for local authorities about 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, the implementation of new restrictions needed to address safety, environmental and/or public interest issues can be delayed.

The Regulations will eliminate any confusion caused by the text and make it 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. The application process is already in place under the VORR; the Regulations will simply add clarity and certainty regarding existing authorities. As is currently done, local authorities wishing to apply for a vessel operation restriction will still need to contact their local Office of Boating Safety, whose officers will confirm that the Guide outlines the essential elements to be followed for submission of an application under the VORR.

Objective

VORR modernization

The overall objective of the 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 or amended restrictions on local waterways.

Administrative corrections

The objective of the amendments to subsection 2(3), and subsequently aligning the other provisions under section 2, 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 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 Regulations will 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 will help ensure a consistent, easily understood process for preparing and submitting vessel operation restriction applications.

Description

VORR modernization

The Regulations will repeal the eight schedules to the VORR, which set out applicable vessel operation restrictions on local waterways. The schedules will be available in TC’s TP 15587E, which will be incorporated by reference on an ambulatory basis in the VORR. This ambulatory incorporation by reference of the schedules will 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 will facilitate the timely enactment and implementation of new restrictions on local waterways 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 will be followed, including ensuring that the schedules are free and accessible in both official languages to all members of the public.

TP 15587E will be available on TC’s Office of Boating Safety web page. It will 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 will be amended regularly, based on the timing and number of applications received, to facilitate the addition and removal of bodies of water from the Schedules to which restrictions apply, and/or to make administrative corrections. At least once a year, TP 15587E will be amended prior to the upcoming boating season (i.e. by March at the latest) and will include new restrictions requested in applications that meet all requirements received by November 15 of the previous year. Additional amendments to TP 15587E may take place, as required, based on requests received by local authorities. As is currently done, local authorities will continue to follow the same process 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 or 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 since the introduction of the restriction being used as a reference point). Local authorities, waterway users and marine stakeholders will be informed by TC every time TP 15587E is amended, and will be provided with a hyperlink to an updated version of TP 15587E. As is currently done, TC will 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, has been revised to ensure it elaborates on and clarifies the essential elements and steps of the application process, which represent the form and manner specified by the Minister of Transport. The revised Guide includes examples of expected information and emphasizes the importance of following each step in the process.

TC also developed an application form that will be provided to local authorities interested in submitting an application. This form will allow 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 have been added to the process through these revisions; on the contrary, some previous requirements, such as the preliminary assessment form and the mandatory implementation of alternative measures for one boating season, have been removed to streamline the process. The preliminary assessment’s objective was to assess applicant eligibility, which can also be accomplished via initial discussions with officers from the Office of Boating Safety, making this administrative step redundant. Regarding alternative measures, an analysis of historical applications between 2009 and 2023 has demonstrated that the vast majority of local authorities attempt alternative measures before initiating the application process and, therefore, requiring the implementation of alternative measures as part of the application process is redundant and unnecessary, and often serves only to further delay the resolution of waterway issues through new restrictions. Furthermore, in every case where local authorities were directed to implement non-regulatory solutions one last time, the proponents came back to TC with a finalized application after confirming the ineffectiveness of attempted alternative measures a second time. Addressing waterway issues through alternative measures is included in the Guide as a necessary discussion point for local consultations that must take place as part of the application process prior to requesting a restriction, but is not a requirement any longer for implementation of a solution.

The overall objective of the updates to the Guide is to provide local authorities with comprehensive information to facilitate the completion of applications and remove unnecessary steps. The official application deadline has been changed from end of summer to mid-fall to allow time for local authorities to finalize their applications and reflect any relevant issues that may have occurred during the boating season. The new application process and later deadline for receiving restriction applications are expected to allow for a timelier review and approval of vessel operation restriction requests. Restriction requests submitted prior to the mid-fall application deadline would be implemented prior to the next boating season. TC will still accept applications during the year and address them on a case-by-case basis; however, TC will not guarantee implementation of restrictions prior to the next boating season if submitted after the mid-fall deadline. The current process for submitting a vessel operation restriction request is described in Table 1 below, alongside a description of what the new process will look like under the Regulations.

Table 1: New vessel operation restriction application process

Existing process in the VORR		New process in the Regulations	Changes in process
Section 4	Local Authorities’ Guide
To apply for a vessel operation restriction on their waterway, local authorities are 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 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; and (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) an environmental assessment (if required); (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 confirming their understanding of administrative and financial responsibilities; and (h) a communication, signage, and enforcement strategy.	To successfully apply for a vessel operation restriction on their waterway, Local authorities will need to provide the following, as laid out in the revised Guide: An application which includes all the details and information required in the Local Authorities’ Guide. This application will need to be completed using the new application form 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 will not introduce any new requirements. Some steps needed for a successful vessel operation restriction application required in the existing process have been removed from the Guide. Namely, the completion of a preliminary assessment form and the testing of alternative, non-regulatory measures. Alternative measures must be discussed during public consultations and TC strongly encourages local authorities to test non-regulatory solutions, based on their particular circumstances; however, the Guide has been updated such that local authorities will no longer need to test alternative measures before they submit an application for new restrictions. The Guide has also been updated to clarify the existing process and requirements (e.g. simplified cost-benefit section that focuses on local/regional impacts with clear requirements of the information needing to be assessed). The Guide will 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 have been added as part of these revisions. The new application form is now the standard submission document to guide local authorities in the development of each section of their application, in a consistent, easily understood manner.

The updates to the Guide remove two requirements of the process but do not change the essential elements described in the “Existing process in the VORR” columns above. By clarifying details within the Guide and creating an application form, these amendments are expected to 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 already exist and will remain unchanged by the amendments. The preliminary assessment form requirement, viewed as unnecessary paperwork, has been removed from the process. This step was seen as an opportunity for TC to assess eligibility; however, this can be determined based on discussions between local authorities and officers from the regional Office of Boating Safety during their introductory presentation of the VORR. In addition, as local authorities and stakeholders are best placed to identify problems and determine solutions to their waterway issues, the requirement for alternative measures for one boating season has been removed, while still being strongly encouraged by TC. Alternative measures must be discussed as part of local consultations; however, the decision to advance directly with a restriction request will be a decision made by the local authority based on local circumstances and consultations with stakeholders. TC has completed updates to the Guide to support these clarifications. The application form provides a clear explanation of the type of information to be included in each section, whereas the Guide explains the steps of the process and offers advice on how to best complete a successful application.

While the revisions to the Guide support the preparation of comprehensive applications in collaboration with local stakeholders, it is important to note that the Regulations will not have any direct effect on new vessel operation restrictions proposed by local authorities. As is currently done, TC officials will 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 in summer 2023 to stop using section 16 of the VORR for designations and to move existing ones under the CSA 2001 authority. Moving forward, TC will use section 135 of the CSA 2001 as the mechanism to designate all new enforcement officers authorized to ensure compliance of the VORR. A list of eligible designations is posted on the Office of Boating Safety web page. To eliminate redundancies, the Regulations will repeal section 16 of the VORR, which contains a list of designations. These designations have been reissued and updated pursuant to the new authority in section 135 of the CSA 2001, and new designation certificates have been issued to local authorities. This change will have no practical effect for local authorities that were designated under the VORR (i.e. their designations will remain in effect). The Regulations will also repeal section 17 of the VORR, which outlines the powers of enforcement officers. Section 17 will no longer be needed, because there will be no more entities designated under the VORR requiring the enforcement powers listed under section 17: enforcement powers of officers designated under the CSA 2001 are derived from subsection 135(2). This change will align the 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 will be amended to avoid confusion and help ensure compliance with the restriction. In order to correct the potential misinterpretation of the subsection, the Regulations will 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. Likewise, the title in the related schedule will be 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 will be changed to avoid any similar confusion or misinterpretation.

Lastly, the Regulations will make several minor administrative changes to add references to the new TP 15587E, which will now contain the schedules of the VORR, and align these provisions to make their structures consistent for ease of reference by stakeholders. For example, each provision will now be structured so that all references to a “vessel driven by electrical propulsion” come before references to power-driven vessels. As the existing structure is not consistent, the Regulations will align all provisions with the changes recommended for subsections 2(3) and 2(4). Additionally, the word “shall” will 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” will be amended for clarity.

These administrative corrections necessitate amendments to some of the short-form descriptions of the Contraventions Regulations. These amendments to the Contraventions Regulations are part of a separate regulatory proposal, as the Contraventions Act falls under the authority of the Minister of Justice.

Section 4 will 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 existing provision includes administrative requirements that do not align with the current process for applying for a vessel operation restriction. In addition, section 4 does not outline all the essential information required by the Minister of Transport to evaluate an application. Therefore, this section is outdated and inconsistent with the more detailed elements laid out for local authorities in the Guide. The language in section 4 will 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 will be repealed.

Regulatory development

During the spring 2023 Canadian Marine Advisory Council (CMAC) meeting, TC presented highlights of a proposal on modernizing the VORR to stakeholders. The discussion covered lengthy approval times and potential regulatory solutions. No questions were received. Stakeholders were informed that TC would continue work on improving the process. At the November 2023 CMAC meeting, TC shared proposed amendments to the VORR, aiming to streamline the process by repealing the schedules and incorporating them in a TC publication. Industry leaders expressed support for modernization but requested a greater role in local consultations undertaken by local authorities. Some stakeholders voiced concerns about the lack of citizen engagement and the potential for uncoordinated restrictions due to budget limitations of neighbouring local authorities.

TC provided similar written updates to over 800 Indigenous communities and organizations across Canada in 2023 and winter 2024 on VORR modernization. No comments were received.

On October 12, 2023, TC posted an online Let’s Talk Transportation consultation with marine stakeholders, including Indigenous groups, about the proposed Regulations and related initiatives (e.g. ministerial order authority) for a 60-day comment period. The online consultation consisted of a policy paper on TC’s proposed approach and a survey seeking specific feedback from stakeholders. 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 allows 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. TC received 2 052 comments. Results of the consultation are available in a What we Heard report. Feedback was generally supportive of the proposal but emphasized the need for thorough consultations when local authorities propose new restrictions. The previous framework allowed prepublication consultation through the Governor in Council process, which the new approach removes. Stakeholders emphasized the importance of early and continuous engagement with all waterway users to prevent surprises or undue influence by special interest groups. Survey results indicated that stakeholders supported promptly addressing local waterway issues but maintaining TC’s oversight on new restriction requests. Some concerns were noted about the ability of some local authorities to handle waterway issues. Stakeholders would like to see clear and consistent requirements for restriction applications, including requirements that local authorities conduct a comprehensive analysis of issues, solutions and potential impacts.

For more detailed information on these consultations, please see the summary provided in the Regulatory Impact Analysis Statement published on September 14, 2024, when the Regulations were prepublished in the Canada Gazette, Part I.

CMAC 2024 — Mid-consultation period of the prepublication in the Canada Gazette, Part I

In mid-November 2024, TC provided a status report on the Regulations during the Standing Committee on Recreational Boating at the national meeting of the CMAC. TC confirmed for stakeholders that the proposal (which had recently been prepublished in the Canada Gazette and was open for comments at that time) will move the schedules of the VORR (where all local restrictions are identified) to a Transport Publication that will be incorporated by reference. The Transport Publication can be amended directly by the Minister of Transport rather than requiring a Governor in Council regulatory process, allowing the Minister to add new bodies of water to the restrictions, and facilitating the timely implementation of new restrictions on local waterways. TC also reiterated that consequential amendments to the short form text of the Contraventions Regulations, currently part of a separate process being developed in collaboration with the Department of Justice, are required to align with the administrative corrections made to the provisions under Section 2 of the VORR.

The presentation at CMAC ended with a short summary of comments received to that point in the Canada Gazette, Part I, comment period. The majority of commenters at the CMAC meeting supported the proposed changes that would reduce the time required for approving new or amended restrictions. Smaller municipalities expressed appreciation for revisions to the Local Authorities’ Guide that would reduce the burden associated with the application process. Commenters stressed the importance of maintaining a robust application process that maintains the consultation requirements and evidence-based analysis. Advocacy associations for recreational boating and manufacturers’ representatives present at the meeting expressed their desire to be more engaged with local authorities and help identify possible solutions to resolve waterway issues in advance of seeking new restrictions.

Prepublication in the Canada Gazette, Part I

The Regulations were prepublished in the Canada Gazette, Part I, on September 14, 2024, with a 75-day comment period ending on November 28, 2024. During this period, TC received 94 comments from 33 commenters representing various stakeholder groups, including members of the public, boating advocates, lake and river associations, Indigenous representatives, environmental organizations, and industry associations. The majority of comments expressed support for the regulatory changes, particularly the emphasis on modernizing and streamlining the VORR. However, some commenters expressed opposition to having the Government of Canada involved in regulating navigation. All comments received through the Online Regulatory Consultation System were posted on the Canada Gazette website on December 24, 2024.

The comments focused on several aspects of the VORR modernization, including the incorporation by reference of the VORR schedules, the application process for new restrictions, and the importance of local authorities consulting stakeholders before new restrictions are implemented.

Implementing vessel operation restrictions

A total of 24 comments were received about the implementation of vessel operation restrictions on local waterways.

Twelve commenters expressed support for the incorporation by reference of the VORR schedules, as this approach is expected to reduce delays associated with the implementation of new restrictions.

However, four commenters believed that TC should not further regulate waterway issues, as there are currently sufficient rules in place. These commenters argued that the majority of boaters manage issues among themselves but suggested that what is needed is more enforcement resources to apply current rules for a minority of non-compliant boaters.

One commenter suggested that streamlining the application process is insufficient to make it accessible to all types of local governments and advocated for a more simplified process for municipalities with limited resources, to apply for restrictions by removing some requirements such as cost-benefit analysis. The commenter also proposed allowing provinces and territories to introduce province-wide restrictions, eliminating the need for individual municipalities to apply separately for restrictions in relation to common issues. Similarly, two commenters were supportive of an easier administrative process generally for smaller lakes and rivers, which could see restrictions applied regionally.

Some commenters provided suggestions on universal vessel operation restrictions. Two associations recommended implementing universal restrictions based on waterway characteristics and conditions for activities like wake surfing. They suggested that TC should research and assess these approaches on a larger scale, including for all watersports activities. They noted that similar restrictions have been implemented by different states in the United States, which could be used as a model to find simpler solutions for waterway issues across Canada. One of the associations, which represented several regional organizations, requested a simpler process for amending existing restrictions, which would avoid the need for a full application.

Another organization recommended that TC consider the characteristics and context of lakes when assessing restriction applications. In their view, Canada’s waterways vary greatly, with some lakes having commercial activities while others are small, isolated, and lack public access, but the current application requirements for new restrictions apply uniformly for all local administrations. The organization suggested, for example, that an economic analysis should not be required if a local authority can demonstrate, based on recognized standards, that a water body cannot support certain practices, like wake surfing.

Another commenter suggested looking at New Zealand’s model for recreational boating management, where “Control Authorities” enforce regulations instead of individual municipalities. In this model, yacht clubs, private entities, and local organizations manage and enforce restrictions with administrative powers, including appointing enforcement officers, reserving areas for special events, licensing, and setting fees for docking, moorings, and boat launching. The commenter suggested that adopting such a model could lead to a more direct participation by conservation and environmental organizations with the potential to enhance responses to environmental issues and enforcement of restrictions. Additional information was not provided by the stakeholder regarding the effectiveness of this approach.

Under the CSA 2001, regulating navigation remains the authority of the federal government to be accomplished in collaboration with local authorities who are responsible, under the VORR, to provide evidence of their waterway issues.

Regarding making the application process simpler, TC understands the concerns of some local authorities who find the process to be cumbersome. However, it is important to keep in mind that whether it is to implement a new restriction or amend an existing one, the application process is designed to ensure that restrictions are developed and implemented in a predictable, transparent, and consistent manner that balances safety, environmental, and public interest considerations.

Regarding smaller, remote waterways, even though the application process is the same, the effort required to complete some sections of the application may be less burdensome. For example, if no commercial activities exist in the vicinity of a small lake with mostly private properties, the cost-benefit analysis would be easier to complete.

Finally, the use of universal restrictions as a means to respond to common problems experienced on multiple waterways needs to be further assessed. A one-size-fits-all restriction could be hard to apply on the vast array of lakes and rivers in Canada. Currently, the use of universal restrictions can be found under section 7 of the VORR and is applied in six provinces, as requested by those jurisdictions.

No changes were made to the Regulations in response to the comments received about the process for implementing new restrictions.

Vessel operation restriction application process

A total of 20 comments were received from individuals and associations in relation to the proposed changes to the application process. Four commenters supported the changes to the Guide, emphasizing that local authorities are better positioned to understand and address community-specific waterway issues and require an intuitive process to ensure quick response to local waterway issues. Twelve commenters also appreciated the proposed changes to the approval process for new restrictions, which would allow faster implementation of restrictions. Six other commenters also supported the proposed changes, but wanted to see even more streamlining of the requirements to complete an application, such as removing the need for an economic impact analysis.

Five commenters raised concerns about the potential for abuse of the application process. These stakeholders worried that some local authorities might disproportionately represent specific groups, such as waterfront property owners, over the broader public or fail to engage with all impacted stakeholders during the consultation process. One of these commenters suggested that TC should provide additional oversight to ensure that local authorities follow the application guidelines thoroughly and consistently. Another commenter, an organization, expressed concerns that, if the application guidelines are not well understood and/or consistently followed, inadequate consultations may be undertaken.

One commenter felt that the September 15 annual VORR deadline for the submission of applications is restrictive, particularly for Indigenous nations who may be hunting, trapping, or having outdoor gatherings in the summer. The commenter felt that the fall application date complicates securing band council resolutions, signatures, final consultations, and other elements needed to finalize an application. Therefore, the commenter recommended that TC accept applications all year long rather than set an annual deadline.

One commenter raised concerns about the operational challenges of implementing restrictions, including the time and the resources required to develop the application and administer the restriction once approved, including for enforcement. The commenter requested that TC consider providing funding for local authorities. Another commenter raised similar issues in relation to Indigenous governing bodies, noting capacity constraints, such as limited staff, funding, and expertise, and recommended TC provide funding.

Finally, one commenter noted that the preliminary assessment form is difficult to use. For example, the stakeholder argued that, due to word limits, it is hard to convey important nuances and complex issues on the preliminary assessment form. The commenter recommended updating the form to allow more space to provide descriptions. One organization suggested removing the preliminary assessment form to focus on early consultations.

TC, which will have the final say on moving applications forward for ministerial approval, will ensure that all proposals meet established criteria and reflect a balanced consideration of impacted stakeholder interests before they are recommended for approval. TC will continue to work with local authorities to ensure that the application process is followed in a consistent and predictable manner. The Guide has been updated to clearly outline the required steps in the process, and to emphasize the importance of conducting meaningful consultations at several stages in the process. Also, a new, streamlined, more user-friendly application form has been developed.

In response to concerns raised about the September 15 application deadline, TC has extended the application deadline in the Guide to November 15. It should be noted that this deadline is not the only date on which TC will accept applications. Local authorities will have the opportunity to submit applications throughout the year; however, if the intent is to have a new restriction in place for the next boating season, TC will require receipt of the application by November 15 in order to have sufficient time to process the application.

Finally, TC is aware of the challenges some local authorities face with finding resources to develop vessel operation restriction applications and administer restrictions on their local waterways. Unfortunately, at this time, TC does not have a funding program to support the development of vessel operation restrictions.

No changes were made to the Regulations in response to the comments received about the role of local authorities and the application process. However, as noted above, TC agreed to extend the application deadline in the Guide from September 15 to November 15.

Consultations for vessel operation restriction applications

A total of 13 comments were received about the public consultation and notification processes when local authorities apply for new restrictions.

One commenter expressed the need for greater outreach efforts by local authorities during consultations to ensure more interested individuals or groups can participate meaningfully in the process. Another commenter highlighted concerns about local authorities’ consultation practices, noting the potential for disproportionate representation of specific groups (e.g. environmental protection organizations and land developers) over the broader community, waterway users, lake associations, and local businesses. The commenter wanted to see clear guidance for local authorities to ensure inclusivity and transparency in their consultation processes.

One commenter also felt that the application process should not be simplified, particularly when consultations are concerned. The consultation process should be tailored to local circumstances and take as much time as needed for stakeholders to agree.

One organization representing boating associations across Canada expressed support for streamlining the application process without removing the importance of consultations. The organization also expressed support for TC maintaining its oversight role through a thorough review process.

A lake association believes consultations should be conducted locally with participation from all concerned stakeholders. The representative felt that local authorities were best suited to determine the consultation time frame, and that there should not be a one-size-fits-all approach to consultation due to the diversity of waterways and communities across the country.

Two commenters emphasized the need for additional resources to support Indigenous participation in consultations, noting capacity constraints that may hinder meaningful engagement.

Two commenters raised concerns about removing national consultations, such as prepublication in the Canada Gazette, Part I, on restriction applications. They emphasized that restriction applications concern local waterways with local issues, and that local authorities are required to hold open and transparent consultations through a regional lens to ensure that all impacted stakeholders, not just local residents, have the opportunity to participate in the process, something they felt was not always done correctly. They felt that prepublication was an effective way to ensure that all affected stakeholders are afforded an opportunity to comment on new restrictions before they are made.

One commenter raised concerns about the validity period for local consultations. The commenter noted that engaging with multiple partners in working groups and through public consultations may span several years. It was recommended to TC that, as long as local authorities maintain consultation efforts (every 6 to 12 months), previous consultations should remain valid for several years.

An organization representing boating associations across Canada emphasized the need for mandatory consultations with all waterway users and impacted stakeholders before proposing restrictions, which should be a last resort. The stakeholder proposed including provincial boating organizations in a standardized, accessible, and inclusive consultation process, but did not provide further details on what this type of process would look like. The stakeholder felt that TC should provide local authorities with funding for meaningful engagement, to support professional facilitation, local consultations, and public education campaigns. The stakeholder also noted that local applications should be based on objective, evidence-based analysis, supported by independent third-party expert reviews. Another organization echoed similar opinions, emphasizing open consultations with all waterway users and stakeholders throughout the process, including exploring alternative measures.

One commenter asked how the general public will be notified when a change is made to the TP 15587E, Schedules of the Vessel Operation Restriction Regulations, and whether or not a process existed for someone to lodge a complaint if they have a valid reason for why a restriction should not have been issued in the first place.

TC does not have a funding program to provide resources for local consultation activities, which remain the responsibility of local authorities. As mentioned above, the Guide has been updated to clarify the responsibilities of local authorities and outline the steps required to conduct comprehensive consultations with all stakeholders. Local authorities are made aware at the initial stage of the application of the importance of consulting a diversity of stakeholders directly or indirectly impacted. The Guide explains in detail the different stages of the consultations: planning for consultations, initial consultations, engagement with Indigenous peoples, follow-up engagement, and final consultations. In addition, the new application form provides a clear outline of information needed from local authorities, including information on consultations. Regarding the comment on the validity period of consultations, TC does not reject past consultations, as they may inform the direction taken by local authorities. However, the requirements for the application process are clear in terms of the importance to hold consultations from the beginning of the process until the final solution (i.e. asking for a restriction) is agreed upon. Therefore, the validity of past consultations is looked at on a case-by-case basis as issues and demographics on a waterway may change significantly over the years. In addition, local leadership changes and the lack of information on how consultations were administered in the past may be missing in order to assess the accuracy of the results. TC will continue to ensure that all requirements of the application process, including rigorous local consultations, are consistently and comprehensively followed before new restrictions are approved.

As detailed in the “Implementation” section, any amendments to TP 15587E will be communicated to stakeholders through email notifications from TC’s stakeholder distribution lists, providing a link to the modified document, which will explain the changes publicly in both official languages. Additionally, the TC website will include a new section with the date and details of each amendment in both official languages, so users can track any changes since the last time they may have visited the website. All changes will be reviewed and validated by TC officials to ensure that they remain consistent with the CSA 2001 and its regulations.

In the case of disagreement with an approved restriction, an individual or organization can reach out to officers from the Office of Boating Safety (OBS) to raise concerns and receive responses to their questions. However, it is highly recommended for interested stakeholders to take part at the early stages of development of an application on their local waterways so that any concerns can be addressed with the local authority.

No changes were made to the Regulations in response to the comments received about the consultation process that local authorities need to follow in support of an application for new restrictions.

General comments

A total of 19 comments were received regarding the other proposed changes to sections 2 and 4 of the VORR and the new authority for enforcement designations under the CSA 2001.

Eight commenters expressed support for the changes to sections 2 and 4 of the VORR. However, one commenter noted a potential discrepancy between the wording of French and English versions of section 4. TC reviewed the wording in section 4 and confirmed that the two versions have the same meaning and, therefore, no changes were made to the Regulations.

Regarding the new enforcement designation authority and the repeal of section 16 of the VORR, nine commenters expressed support for the changes. One individual shared the view that no additional enforcement is required on local waterways. No changes were made to the Regulations in response to the comments about the repeal of section 16.

Out of scope

A total of 18 comments deemed out of the scope of the Regulations were received. Some of these comments focused on local restrictions or safety concerns, such as requesting restrictions on their local waterway and suggesting mandatory life jacket wear. Others, including association representatives, touched on specific provisions, sharing concerns about the 2020 amendment to the VORR limiting electrical propulsion power, arguing that technological advancements render the 7.5 kW maximum limit chosen too high and contradict the provision’s intent. In addition, one commenter proposed rewording horsepower restrictions to allow vessels with larger engines to navigate restricted areas if using a smaller engine. Another organization urged wake boarding to be included under the same restrictions as wake surfing, citing environmental impacts from the types of boats used for this activity. A universal wake height restriction, similar to the current universal shoreline speed limit, was also suggested. Some commenters supported ministerial orders for timely responses but emphasized safeguards to ensure stakeholder engagement. Finally, others recommended stronger environmental protections, such as measures against aquatic invasive species, erosion, and water quality deterioration, stressing the need for a proactive approach under the VORR.

TC acknowledges these views and their importance, but notes that these issues are not in scope with the Regulations. These comments may be considered in future updates to the VORR in collaboration with concerned stakeholders.

No changes were made to the Regulations in response to the comments that were determined to be out of scope.

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 amendments in relation to modern treaties in effect. The amendments may be of interest to treaty governments broadly, as they touch 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 amendments. In the fall and winter of 2023, and bimonthly throughout 2024, updates and engagement 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. Meetings were also held in 2025 with two Indigenous governing bodies who showed interest in learning more about the VORR and the amendments.

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 request 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 non-regulatory solutions are explored, but may be considered to be ineffective to address the waterway issue, thereby leaving regulatory restrictions as the only effective alternative. When local authorities, in consultation with local stakeholders, have determined that there are no viable alternatives other than to establish restrictions in the VORR, an application is submitted to TC. Under the new approach, the Minister of Transport, instead of the Governor in Council, will be responsible 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 and effect 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 content 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 will 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 will be amended regularly, at least once a year, based on the timing of receipt of vessel operation restriction applications, 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 repeal from the VORR is necessary to align with the objectives of modernizing the VORR and cannot be completed without undertaking a regulatory amendment process.

Finally, regulatory intervention is needed to help ensure that the VORR remain accurate and up to date. For example, technical corrections are needed to section 4 and subsections 2(3) and 2(4), and subsequently an alignment of the other provisions under section 2. These corrections could not be made through non-regulatory options, as they concern the technical wording in the provisions.

Regulatory analysis

The Regulations aim to modernize the VORR to address navigation and environmental issues specific to local waterways in a timelier manner. The Regulations will also make administrative changes to enhance the clarity of essential elements of the vessel operation restriction application process in support of the modernization objective. It is expected that local authorities will save time and effort to complete a VORR application as some requirements of the Guide have been removed, which in addition, will also support the implementation of new vessel operation restrictions in a timelier fashion. Government of Canada personnel will expect time savings associated with the new processes of restriction applications as new restrictions will no longer go through the regulatory amendment process to obtain Governor in Council approval. However, TC will bear minimal annual costs for updating the TP 15587E and more frequent communication with stakeholders.

Changes since the prepublication in the Canada Gazette, Part I

As previously discussed under the “Regulatory development” section, TC received support for the regulatory changes, particularly the emphasis on modernizing and streamlining the VORR. Along with the need to clarify the Guide, some stakeholders commented on the need to streamline the application process as well. Therefore, since prepublication in the Canada Gazette, Part I, the Guide, which is the main source of information used by local authorities to prepare applications for vessel operation restrictions, has been revised to ensure it elaborates on and clarifies the essential elements and steps to facilitate the implementation of a restriction in a timely manner. Two requirements from the Guide have been removed, namely

• the requirement to complete the preliminary assessment form; and
• the requirement for the mandatory implementation of an alternative measure for one boating season.

This is expected to streamline the application process for local authorities. As a result, the “Benefits” section below has been revised in order to include these new changes.

As noted in the sections above, the preliminary assessment’s objective was to assess applicant eligibility which can already be accomplished via initial discussions with officers from the OBS. Given that these conversations are already happening under the baseline scenario, no additional costs are expected to be incurred by TC or local authorities. Further, it is expected that removing the mandatory requirement to test alternative measures before applying for restrictions will not increase the number of applications received by TC, as the vast majority of local authorities are already attempting non-regulatory solutions, such as awareness, education and increased enforcement presence, before engaging with TC as they are aware of the complexity of applying for a restriction under the VORR. Further, TC will continue to encourage alternative measures but imposing another attempt to test an alternative measure will no longer be mandatory as it would disregard past efforts made by local authorities and would not be cost-effective.

The Guide will still encourage local authorities to test non-regulatory solutions that would be discussed during public consultations. In addition, if a local authority would like to apply directly for a restriction without the testing of alternative measures, TC will continue to require for all applications clear justification as part of the application’s comprehensive documentation that explains why imposing restrictions is the only feasible solution and supported by stakeholders. As a result, it is not expected that removing this requirement will result in an increase in applications, as local authorities already try to find alternative solutions as a best practice, and will continue to do so in the future. As a result, costs are not impacted by these new changes to the Guide.

Analytical framework

The costs and benefits for the Regulations have been assessed in accordance with Treasury Board of Canada Secretariat (TBS) Policy on Cost-Benefit Analysis, with only the direct costs and benefits for stakeholders being considered in the cost-benefit analysis.

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

Impacted stakeholders

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

Baseline and regulatory scenarios

Under the baseline scenario, vessel operation restrictions in Canadian waters would continue to be prescribed in eight schedules of the VORR. Local authorities would follow the Guide and directives from officers from the OBS to apply for vessel operation restrictions where elements of the process are presented in Table 1. TC receives on average three applications per year. In addition, the approval of vessel operation restrictions would require going through the regulatory process to obtain Governor in Council approval, as well as continuing to test alternative measures as part of TC’s current requirements. Confusion on some vessel operation restrictions prescribed under the VORR could lead to misinterpretation by waterway users and enforcement officers. TC would continue using the authority provided under the section 135 of the CSA 2001 as the mechanism to designate all enforcement officers instead of using section 16 of the VORR. Existing designations would be reissued to align with the new process in place and future designations.

Under the regulatory scenario, schedules of the VORR will be repealed and integrated into a new TP 15587E, which will then be incorporated by reference into the Regulations. Although not a regulatory amendment, the changes to the Guide will not introduce changes to the essential elements described in Table 1 (see column “Previous process”). However, the preliminary assessment form requirement and the requirement for alternative measures for one boating season will both be removed from the process. Under the regulatory scenario, the Guide will add 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 will be streamlined which will no longer go through the regulatory process. Section 16 of the VORR will be repealed as TC is now using the authority under the CSA 2001 as the mechanism to designate all enforcement officers, including existing ones. TC will also provide a supporting template and tools to facilitate local authorities to comply with the Guide. Even though the approval process will be faster, TC does not expect the number of yearly applications to increase as the comprehensive process for preparation of vessel operation restriction applications by local authorities will remain the same with the exception of removing the preliminary assessment form and the requirement for implementing alternative measures for one boating season. It is also expected that local authorities will continue to test alternative measures before engaging TC as is the current practice shown through previous applications received over the last 10 years, a decision influenced by consultations with stakeholders who may prefer testing non-regulatory options prior to embarking on an official application for a VORR restriction, even once TC removes this requirement. However, local authorities will no longer be required to test alternative measures for another boating season once they engage TC. The Regulations will also make a few administrative corrections, which will clarify requirements on restrictions.

Benefits and costs

The Regulations will benefit both local authorities and members of the local recreational boating community. The removal of the Governor in Council approval from the process to add new bodies of water to the restrictions on local waterways will provide an efficient and agile mechanism to address navigational safety and environmental issues. It will also facilitate the deployment of restrictions in a timelier manner, enabling quick implementation of actions to protect the environment and the safety of Canadians in those areas.

The administrative corrections will clarify requirements of restrictions applicable to waterway users and designated entities, and thereby will promote compliance and the effectiveness of enforcement. Similarly, section 16 of the VORR will be repealed which will eliminate redundancy and ensure clarity, as the authority to designate enforcement officers is now established under the CSA 2001. It is expected that it will help prevent any ambiguity or confusion by stakeholders.

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

Lastly, TC has revised the Guide, which now includes examples of expected information and emphasizes the importance of following each step in the process. TC has also developed an application form for local authorities. This form will allow 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 elements have been added to the process through these revisions. On the contrary, some previous requirements such as the preliminary assessment form and the mandatory implementation of alternative measures for one boating season have been removed to streamline the process. It is expected that local authorities will save time in not being required to complete the preliminary assessment form, which is a 10-page document. However, the information that was part of the preliminary assessment will continue to be required as part of the application process. The level of effort to develop and implement alternative measures varies greatly based on the issue and location. Regardless, it is expected that local authorities will save effort associated with the implementation and oversight of the alternative measure during a boating season as it will no longer be required by TC. As a result, it is expected that it will take local authorities less time to complete a VORR application and support the implementation of new vessel operation restrictions in a timelier fashion.

Costs

The revised Guide will provide comprehensive details to facilitate local authorities’ preparation of applications for vessel operation restrictions. However, the Regulations will not introduce any new requirements to establish new restrictions. The revised Guide will clarify the essential elements and will not add any new elements or steps (see Table 1). Therefore, it is expected that, overall, the Regulations will not impose costs on impacted stakeholders.

As mentioned before, the Regulations will not change the process to develop new restrictions, and it is expected that the TC internal approval process will remain the same, and therefore, no additional cost is expected.

TC also incurred 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 occurred before the Regulations are registered. However, upon final publication of the Regulations, TC will communicate, through an announcement by the Minister of Transport and a news release, the changes to the VORR. It is also expected that TC will 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 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 Regulations.

Finally, the 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) will have to adapt faster to the new restrictions being introduced.

Small business lens

Analysis under the small business lens concluded that the Regulations will not impact Canadian small businesses. By amending the process for enacting new or amended vessel operation restrictions on local water bodies, the Regulations will 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 bodies of water are added to the TP 15587E (which will replace the schedules of the VORR and will be incorporated by reference into the VORR), as restrictions that limit activities on waterways could affect small businesses connected directly or indirectly to those waterways. In such cases, small businesses will have to adapt faster to the new restrictions being introduced.

One-for-one rule

The one-for-one rule does not apply, as the Regulations will 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 Regulations fall directly under the legislative powers of the federal government over navigation and shipping, and there are no discrepancies with other jurisdictions’ regulations.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental assessment is not required. In general, no important environmental effects are anticipated as a result of these changes. The Regulations 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 manner.

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 plus (GBA+) lens. An increase in recreational boating participation by millennials has been identified in recent years,^{footnote 3} bringing their participation closer to that of older generations (i.e. generation X and baby boomers). This contrasts with the general understanding that power-driven boat ownership is typically expensive and 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 also 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 Regulations streamline the process for introducing new vessel operation restrictions, they do not include any new restrictions.

Implementation, compliance and enforcement, and service standards

The Regulations will come into force on the day they are published in the Canada Gazette, Part II. Once the Regulations come into force, existing restrictions on local water bodies will be available in the new TP 15587E, Schedules of the Vessel Operation Restriction Regulations. New restrictions requested by local authorities will 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 publication of the Regulations in the Canada Gazette, Part II, TC will conduct targeted outreach with 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, will be used to widely inform local authorities and the boating community of the updates. The Office of Boating Safety website will 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 Regulations are not expected to impact the effectiveness of new or amended vessel operation restrictions. Local authorities will continue to follow a comprehensive process specified by the Minister of Transport and must provide the essential information outlined in the Guide, using the new application form when they apply for new vessel operation restrictions. Completed applications will need to be submitted directly to the regional OBS for review. Officers from the Regional OBS are responsible for ensuring that all proposed restrictions are justified and confirming that consultations with impacted waterway users and stakeholders have taken place. TC 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 will have 30 calendar 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 will have 30 calendar days to analyze the request. If the information is complete and all criteria are met, OBS officials will provide a recommendation to the Minister of Transport for decision. The TP 15587E, Schedules of the Vessel Operation Restriction Regulations, will then be amended within 15 calendar days after the Minister of Transport approves the addition of new bodies of water. If the application is deemed incomplete at any stage of the review process, it will be returned to the local authorities with specific instructions on areas requiring additional work within the service standards described above. Regional OBS officials will 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, will be 15 calendar days per review. The service standards are outlined in the Guide.

The procedure to inform local authorities of the approval of their restriction application will remain unchanged. TC will prepare and send a letter to the local authority’s representative informing them of the approval and will include a link to the amended TP 15587E for their reference. In addition, the letter will 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) may be brought to the attention of the Minister of Transport who has decision-making authority on the addition of new bodies of water. However, such situations have not occurred to date, 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 waterway name that has changed), the process will remain the same. Any individual who notices an error in the restrictions must inform the respective local authority who will confirm the error and submit the recommended changes to TC. Following a review by TC and approval by the Minister of Transport, the correction will be made to the TP 15587E and stakeholders will be informed of the change. Any changes to the existing restriction that are substantive, such as modifying an agreed-upon speed limit, will 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 will require a new complete application from the local authority.

In terms of evaluating the new approach, TC will develop an evaluation strategy that will 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 must provide a procedure for evaluating the effectiveness of the restriction one year after implementation. The results of this evaluation must be submitted to TC for future analysis.

Regarding the change in mechanism for the enforcement officer designation, TC redesignated enforcement officers listed under section 16 of the VORR prior to the publication of the Regulations to ensure continuity on the day they come into force. All impacted enforcement agencies were 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, will be communicated to stakeholders through email notifications from TC’s stakeholder distribution lists. The email will include a detailed list of all relevant changes and a link to the TP 15587E, which will be publicly available in both official languages at no cost on TC’s website in an accessible format. Additionally, the TC website will include a new section with the date and details of each amendment in both official languages, so users can track any changes since the last time they may have visited the website. All changes will 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 amendments to the VORR.

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