GBA Update Spring 2024

Transport Canada in 2023 BOATING

By Andrew Hurlbut, Chair, Boating, Safety and Emergencies Committee

How It Works The federal government regulates the navigation of waterways in Canada. The safety and security of Canada’s marine transportation system is one of the Government of Canada’s highest priorities. Taking the views of Canadians into account plays a critical part in a transparent, modern, and streamlined regulatory regime. Transport Canada is the ministry responsible for administrating the Canada Shipping Act 2001 and the Canadian Navigable Waters Act (amended 2019). The Office of Boating Safety oversees regulations, standards and policies, enforcement, and technical services for recreational vessels. They encourage safe boating practices and compliance with regulations. The Ontario Provincial Police, the Royal Canadian Mounted Police, municipal police forces, and the Ministry of Natural Resources and Forestry primarily do actual enforcement. As boating evolves, TC will consider creating or changing regulations to reflect the new realities of our waterways. It is essential to understand that TC greatly values public consultation in this process. So, what steps are taken for an idea or issue to become a regulation? It all starts with presenting the issue at one of the Canadian Marine Advisory Council Meetings, explaining the problem and possible suggestions for mitigation. The next step is a Let's Talk Transportation consultation. As an issue becomes better defined, TC invites public input on several options for it. The consultation can last 30-90 days. TC also publishes What We Heard after each consultation. After considering the Let’s Talk feedback, TC refines the input and proposes possible regulatory changes that will be published in Canada Gazette 1, with another 30 to 90-day consultation period. This is the last chance for the public to share their views. The feedback is considered, and then, in six to 12 months, Canada Gazette 2 is launched, which describes the finalized regulations that are now law. Have your say! Small but vocal interest groups can alter and even prevent legislative changes that seemed to be well supported by the broader boating community. The Treasury Board only considers the written input they receive when deciding on enacting regulatory changes. If you have an opinion – share it! (Note: we post all these consultations on our website multiple times).

Canada Gazette activity this year: ≥ Regulations Amending the Vessel

Operation Restriction Regulations (submission 2021). A new Vessel Operation Restriction Regulations (VORR) subsection 7.1 will apply only to wake surfing. Many groups are worried about the environmental impact of wake surfing and navigation safety issues. This will allow local authorities to get regulatory relief for only wake surfing and not affect other towing sports. Canada Gazette 1 closed on August 16, 2023, and was published in Canada Gazette on December 20, 2023 and is now law. ≥ Pleasure Craft Licensing Modernization. Changes include: licences will last five years; permits will cost $24; all pleasure craft must be licensed if they have a motor ≥ 10 horsepower or are wind powered and > 6 m. Owners must notify TC of address changes within 30 days and it will be easier for TC to cancel a licence. Let’s Talk Consultations completed: ≥ Decibel Limits. TC is looking to introduce noise limits for manufacturers and importers of new and existing pleasure craft. Decibel limits for standing at the dock and pass-by operation will be set in line with international standards. These changes are targeted to be published in Canada Gazette 1 in fall 2024, and in Gazette 2 in fall 2025. ≥ Propellor-rolled surfboards . TC will lift the prohibition on these vessels. This will include creating definitions for them and setting manufacturing standards and defining required safety equipment. ≥ Engine Cut Off Switches. Cut-off switches are being proposed for new builds that are less than eight m, over three horsepower, and don’t have an enclosed cabin as the primary helm. In existing boats that have cut-off switches installed, operators might be required to use them. These changes are targeted to be published in Canada Gazette 1 in fall 2024, and in Gazette 2 in fall 2025. ≥ Long-term anchoring. For now, TC recognizes float homes as vessels in Ontario. They are asking if they should regulate/restrict long-term anchoring, which would limit the ability of these non-traditional vessels to camp out for extended periods. Let's Talk closed on December 11, 2023. ≥ VORRs 2022. These will provide provinces and municipalities with a more significant role in managing their waterways. For urgent environment or safety restrictions, authorities can use Incorporation by Reference and temporary Ministerial Orders. Let’s Talk period closed on December 11, 2023.

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GBA UPDATE Spring 2024

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