Vessel Operation Restriction Regulations

Vessel Operation Restriction Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to sections 136a and 207 of the Canada Shipping Act, 2001b, hereby makes the annexed Vessel Operation Restriction Regulations. S.C. 2005, c. 29, s. 18 S.C. 2001, c. 26 The following definitions apply in these Regulations. electrical propulsion means a mode of propulsion provided by a main propelling machinery that is an electric motor powered by electric cells. (propulsion électrique) engine power means the engine power, in kilowatts, calculated in accordance with International Standard ISO 8665, Small Craft — Marine Propulsion Engines and Systems — Power Measurements and Declarations, second edition, August 1, 1994. (puissance motrice) local authority means a government of a municipality, township, parish, county or regional district, any other government constituted under the laws of a province or territory, or a department of a provincial or territorial government or of the federal government. (administration locale) Minister means the Minister of Transport. (ministre) personal watercraft means a water-jet driven vessel with an enclosed hull and no cockpit that is designed to be used by one or more persons who are straddling, sitting, standing or kneeling. (motomarine) 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 (propulsion mécanique) provincial authority[Repealed, SOR/2025-158, s. 1] rivers and lakes includes all those waters of any river upstream of a line between the most seaward extremities of the shore of the river at high tide but does not include the waters of the St. Lawrence River east of 70°53′ W longitude. (fleuves, rivières et lacs) 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) A person must not operate a vessel in the waters described in Schedule 1 in TP 15587, except as indicated in that Schedule. 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. 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. 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. 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. 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. 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. 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: the waters of Ontario, Manitoba, Saskatchewan and Alberta; the rivers and lakes in British Columbia; Nitinat River and Nitinat Lake, upstream of Nitinat Bar, in British Columbia; the rivers and lakes in Nova Scotia; or Bras d’Or Lake in Nova Scotia, inland of a line drawn between Coffin Point and Red Head in Great Bras d’Or Channel and the inland end of St. Peters Canal. Subsection (7) does not apply in respect of a vessel that is operated for the purpose of towing a person on water skis or on any other sporting or recreational equipment, if the vessel follows a course away from and perpendicular to the shore; and in respect of a vessel that is operated in rivers that are less than 100 m in width or in canals or buoyed channels, or in any waters described in Schedule 5 in TP 15587. Subsections (5) and (7) do not apply to a vessel that is required to comply with another speed limit established under the Canada Shipping Act, 2001 or the Canada Marine Act. Subsections 2(1) to (4) do not apply to a person who occupies a waterfront property that is not accessible by road and operates a vessel solely for the purpose of gaining access to that property; a person who holds a provincial or federal fishing permit and whose livelihood depends on fishing; or a person who is operating a vessel for the purpose of exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982. Subsections 2(1) to (5) and (7) do not apply to an enforcement officer acting within the scope of their duties; an employee or agent or mandatary of Her Majesty in right of Canada or a province, or of a county, municipality or regional district, acting within the scope of their duties; a person rescuing someone or preventing damage to property; or a person who operates a safety boat for surveillance, rendering assistance and lifeguarding within the scope of regular activities carried out by a recreational institution or a teaching or racing organization established under provincial, federal or foreign laws. 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. No person shall place a sign anywhere for the purpose of restricting the operation of any vessel in Canadian waters unless the placement has been authorized by the Minister under subsection 6(1) and, except in the case of a sign that provides information with respect to a restriction referred to in subsection 2(7) or section 14, the sign meets the requirements set out in the standard entitled Signage Requirements and Recommendations — Vessel Operation Restriction Regulations, published by the Department of Transport, as amended from time to time; or the placement is authorized under an Act of Parliament other than the Canada Shipping Act, 2001. 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). The person who places the sign shall bear all costs of construction, placing, maintenance and removal; and maintain the sign, while the sign is in place, in the form required by the standard entitled Signage Requirements and Recommendations — Vessel Operation Restriction Regulations, published by the Department of Transport, as amended from time to time. If the restriction is removed, the Minister must cancel the authorization and inform the person of the cancellation. On being so informed by the Minister, the person who placed the sign shall immediately remove it as well as any support erected for it. A person who is informed by the Minister that the person has placed an unauthorized sign shall remove it immediately. [Repealed, SOR/2023-274, s. 6] No person shall remove any authorized sign unless the authorization has been cancelled; alter, conceal, damage or destroy any authorized sign; or use any authorized sign or any support erected for it as a mooring. The Minister may, after considering the factors listed in subsection (1.1), issue a permit, for a period specified in the permit, that authorizes the person in whose name the permit is issued to operate a vessel in the waters referred to in any of subsections 2(1) to (5) and (7) in a manner that is contrary to those subsections for any of the following purposes: developing aquaculture; conducting scientific research; accessing a historical, cultural, ecological or geological site; educating the public on the marine environment; protecting the environment; supporting the construction and maintenance of infrastructure; and ensuring safety during activities and events other than those referred to in subsections 11(2) and (3). The factors referred to in subsection (1) are the following: the protection of the public interest; the protection of the environment; the safe and efficient navigation of vessels; the type and size of the vessel to which the permit relates; the intended use of the vessel; and the characteristics of the body of water. The Minister shall set out in the permit any conditions that are necessary to protect the public interest and the environment and to minimize risk to the safety of persons and interference with the safe and efficient navigation of vessels. The person in whose name the permit is issued shall comply with the conditions set out in the permit. The Minister shall cancel the permit in either of the following circumstances and notify the permit holder of the cancellation: the permit holder has knowingly provided false or misleading information to obtain the permit; or the permit holder does not comply with the conditions set out in the permit and the non-compliance interferes with the navigation of vessels or endangers the safety of persons or the environment. 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. 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). No person shall hold, in the waters referred to in any of subsections 2(1) to (7), a sporting, recreational or public event or activity during which vessels would be operated in a manner that is contrary to those subsections, unless the person is authorized to do so by a permit issued under subsection 12(1). The Minister may, after considering the factors listed in subsection (1.1), issue a permit that authorizes a person to hold, in the waters referred to in any of subsections 2(1) to (7) and 11(2), a sporting, recreational or public event or activity during which vessels will be operated in a manner that is contrary to those subsections. the type and size of the vessels to which the permit relates; the intended use of the vessels; and The person in whose name a permit to hold a sporting, recreational or public event or activity is issued and all persons taking part in the event or activity shall comply with the conditions set out in the permit. The Minister shall cancel the permit in either of the following circumstances: If the permit is cancelled, the Minister shall give notice of the cancellation to the person in whose name the permit was issued. In section 14, anchor includes securing a vessel to a mooring buoy or attaching it to another vessel that is anchored. No person shall, unless the person holds a permit issued by the Minister, anchor a vessel within the waters of False Creek in the City of Vancouver that are east of a line drawn 45° true from Kitsilano Point to the north shore of False Creek for a cumulative period of more than eight hours between 9:00 a.m. and 11:00 p.m.; or any time after 11:00 p.m. of one day and before 9:00 a.m. of the following day. The Minister shall issue a permit for a maximum period set out in subsection (3) or (4) if the owner or operator of a vessel submits to the Minister a signed application providing the following information: the number of days that the vessel would be anchored, the name and permanent address of the applicant, the telephone number or the place where the applicant may be contacted during the period of the permit, and the vessel’s identification; the vessel owner or operator ensures that the vessel is seaworthy; and there is space available to anchor the vessel. A permit is valid for a maximum period of 14 days for a permit issued during the summer, being the period beginning on April 1 and ending on September 30; and 21 days for a permit issued during the winter, being the period beginning on October 1 and ending on March 31. The owner or operator of a vessel may apply for a permit to anchor the vessel for a maximum period, calculated as follows: for permits issued during the summer, 14 days less the number of full or partial days that the vessel was anchored during the 30 days before the day of the application; and for permits issued during the winter, 21 days less the number of full or partial days that the vessel was anchored during the 40 days before the day of the application. This section does not apply to the following persons acting within the scope of their duties: an enforcement officer; or an employee or agent or mandatary of Her Majesty in right of Canada or a province, or of a county, municipality or regional district. A person who operates a vessel shall take into account any circumstances that could pose a danger to the vessel or to other vessels; and avoid endangering the safety of persons involved in any activity in any waters. A person who operates a vessel during a sporting, recreational or public event or activity for which a permit has been issued shall do so in a manner that does not interfere with the event or activity. [Repealed, SOR/2025-158, s. 6] Sections 19 to 21 apply in respect of a pleasure craft that is operated in Canadian waters, other than in the waters of the Northwest Territories and Nunavut. No person who is under 12 years of age shall operate, and no person shall allow a person who is under 12 years of age to operate, a pleasure craft, other than a personal watercraft, propelled by a motor with an engine power greater than 7.5 kW, unless the person is accompanied and directly supervised in the pleasure craft by a person who is 16 years of age or older. No person who is under 16 years of age shall operate, and no person shall allow a person who is under 16 years of age to operate, a pleasure craft, other than a personal watercraft, propelled by a motor with an engine power greater than 30 kW, unless the person is accompanied and directly supervised in the pleasure craft by a person who is 16 years of age or older. No person who is under 16 years of age shall operate, and no person shall allow a person who is under 16 years of age to operate, a personal watercraft. [Repeal] These Regulations come into force on the day on which they are registered.