Vessel Operation Restriction Regulations (SOR/2008-120)

Interpretation

1 The following definitions apply in these Regulations.

electrical propulsion

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

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

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

Minister means the Minister of Transport. (ministre)

personal watercraft

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

power-driven means a mode of propulsion provided by a main propelling machinery that is an internal combustion engine or a steam engine. (propulsion mécanique)

provincial authority

provincial authority means a department of the government of a province designated by that government to process requests to impose restrictions on the operation of vessels in respect of waters within that province. (autorité provinciale)

rivers and lakes

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)

Restrictions

Operation of Vessels

• 2 (1) No person shall operate a vessel in any of the waters described in Schedule 1, except as indicated in that Schedule.

• (2) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in any of the waters described in Schedule 2, except as indicated in that Schedule.

• (3) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion that has an aggregate maximum power greater than 7.5 kW in any of the waters described in Schedule 3, except as indicated in that Schedule.

• (4) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion that has an engine power greater than the maximum engine power set out in column 4 of Schedule 4 in waters in public parks and controlled access bodies of water described in columns 1 to 3 of that Schedule.

• (5) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in the waters described in columns 1 to 3 of Schedule 6 in excess of the maximum speed set out in column 4 of that Schedule, except as indicated in that Schedule.

• (6) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in the waters described in Schedule 7 for the purpose of towing a person on water skis or on any other sporting or recreational equipment, or for the purpose of allowing a person to wake surf, except during the permitted hours set out in that Schedule.

• (7) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion at a speed in excess of 10 km/h within 30 m of the shore in the following waters:

  • (a) the waters of Ontario, Manitoba, Saskatchewan and Alberta;

  • (b) the rivers and lakes in British Columbia;

  • (c) Nitinat River and Nitinat Lake, upstream of Nitinat Bar, in British Columbia;

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

  • (e) 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.

• (8) Subsection (7) does not apply

  • (a) 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

  • (b) in respect of a vessel, if the vessel is operated

    • (i) in rivers that are less than 100 m in width or in canals or buoyed channels, or

    • (ii) in any waters referred to in Schedule 6 in respect of which a maximum speed is set out.

• (9) 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.

• 3 (1) Subsections 2(1) to (4) do not apply to

  • (a) 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; or

  • (b) a person who holds a provincial fishing permit and whose livelihood depends on fishing.

• (2) Subsections 2(1) to (5) and (7) do not apply to

  • (a) an enforcement officer acting within the scope of their duties;

  • (b) 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;

  • (c) a person rescuing someone or preventing damage to property; or

  • (d) 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.

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 (6) and 11(2), the local authority shall undertake public consultations with parties that would be affected by the proposed restriction and submit to the provincial authority in the province for which the restriction is proposed, or to the Minister if no provincial authority exists, a request together with 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.

Signs

5 No person shall place a sign anywhere for the purpose of restricting the operation of any vessel in Canadian waters unless

• (a) the placement has been authorized by the Minister under subsection 6(1) and the sign complies with sections 8 and 9, except in the case of a sign that provides information with respect to a restriction under subsection 2(7) or section 14; or

• (b) the placement is authorized under an Act of Parliament other than the Canada Shipping Act, 2001.

• 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 on the operation of vessels has been imposed by any of subsections 2(1) to (6) and 11(2).

• (2) The person who places the sign shall

  • (a) bear all costs of construction, placing, maintenance and removal; and

  • (b) maintain the sign in the form required by sections 8 and 9 while the sign is in place.

• (3) If a restriction in any of the schedules is removed, the Minister shall cancel the authorization and inform the person of the cancellation.

• (4) 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.

7 A person who is informed by the Minister that the person has placed an unauthorized sign shall remove it immediately.

• 8 (1) A person authorized to place a sign shall ensure that the sign is in one of the following forms, according to the restriction applied:

  • (a) the symbol shown under letter C of Table 1 to Schedule 9, to indicate an area in which vessels are prohibited;

  • (b) a disc bordered by a band coloured international orange, as shown in Figure 1 of Table 3 to Schedule 9, in conjunction with two of the symbols shown in Table 1 to that Schedule, to indicate a single restriction;

  • (c) an elongated circle bordered by a band coloured international orange, as shown in Figure 4 of Table 3 to Schedule 9, in conjunction with two or more of the symbols shown in Table 1 to that Schedule, to indicate multiple restrictions; or

  • (d) a half-disc bordered by a band coloured international orange above a black line surmounting a half-rectangle bordered by a band coloured green, as shown in Figure 5 of Table 3 to Schedule 9, in conjunction with, in the half-disc, the appropriate symbols shown in Table 1 to that Schedule and, in the half-rectangle, the symbols shown in Table 2 to that Schedule, to indicate the applicable conditions to the restriction.

• (2) A directional disc bordered by a band coloured international orange, as shown in Figure 2 or 3 of Table 3 to Schedule 9, may be substituted for the disk referred to in paragraph (1)(b) to indicate the boundary of the waters to which the restriction applies and, by means of the directional disc pointer, the side on which the restriction applies.

• (3) An information rectangle bordered by a band coloured international orange, as shown in Figure 6 of Table 3 to Schedule 9, may be placed underneath the sign referred to in subsection (1) to provide any additional information on the restriction indicated on that sign.

• (4) The width of the band coloured international orange referred to in this section shall be one twelfth of the width or diameter of the sign.

• (5) A sign that is authorized by the Minister, or one that was authorized under the Boating Restriction Regulations and that is replaced, shall be marked at the lower edge in black with the words “TRANSPORT CANADA” and “TRANSPORTS CANADA”.

• 9 (1) Where it appears on a sign referred to in section 8,

  • (a) the diagonal bar shown under letter B of Table 1 to Schedule 9 crossing behind one of the other symbols shown in that Table indicates a prohibition of the usage or activity indicated by the symbol being crossed by the diagonal bar;

  • (b) the propeller symbol shown under letter D of Table 1 to Schedule 9 in conjunction with the diagonal bar shown under letter B of that Table indicates that no power-driven vessel or vessel driven by electrical propulsion shall be operated on the waters in respect of which the sign has been placed;

  • (c) the symbol shown under letter E of Table 1 to Schedule 9, consisting of a propeller superimposed by a gas pump in conjunction with the diagonal bar shown under letter B of that Table, indicates that no power-driven vessel shall be operated on the waters in respect of which the sign has been placed;

  • (d) the symbol consisting of a number shown under letter A of Table 1 to Schedule 9 above the expression “MAX kW” shown under letter F of that Table indicates that no power-driven vessel with an engine whose power exceeds the power in kilowatts represented by that number shall be operated on the waters in respect of which the sign has been placed;

  • (e) the symbol consisting of a number shown under letter A of Table 1 to Schedule 9 above the expression “MAX km/h” shown under letter G of that Table indicates that no power-driven vessel shall be operated at a speed in excess of the speed over the ground, in kilometres per hour, represented by that number on the waters in respect of which the sign has been placed;

  • (f) the symbol consisting of the word “SKI” shown under letter H of Table 1 to Schedule 9 in conjunction with the diagonal bar shown under letter B of that Table indicates that no power-driven vessel shall be operated for the purpose of towing a person on water skis or on any other sporting or recreational equipment, or for the purpose of allowing a person to wake surf, on the waters in respect of which the sign has been placed; and

  • (g) the symbol shown under letter E.1 of Table 1 to Schedule 9, consisting of a propeller superimposed by an electrical plug, placed above the symbol consisting of a number shown under letter A of Table 1 to Schedule 9 that is placed above the expression “MAX kW” shown under letter F of that Table, indicates that no vessel driven by electrical propulsion that has an aggregate maximum engine power that exceeds the power in kilowatts represented by that number shall be operated on the waters in respect of which the sign has been placed.

• (2) If a prohibition referred to in subsection (1) applies only during specified periods, the following symbols shall appear on a sign referred to in section 8:

  • (a) if the prohibition applies to certain hours of the day, the clock shown under letter A of Table 2 to Schedule 9, to indicate, in red, the hours during which the prohibition applies and, in green, the hours during which it is permitted to practise the activity otherwise prohibited by the sign;

  • (b) if the prohibition applies to certain days of the week, the series of seven squares shown under letter B of Table 2 to Schedule 9 in which appears in English and in French the first letter in white of each day of the week, to indicate, in red, the days on which the prohibition applies and, in green, the days on which it is permitted to practise the activity otherwise prohibited by the sign; and

  • (c) if the prohibition applies to certain months of the year, the series of eight squares shown under letter C of Table 2 to Schedule 9 in which appears the first letter in white of the months of April to November inclusive, to indicate, in red, the months during which the prohibition applies and, in green, the months during which it is permitted to practise the activity otherwise prohibited by the sign.

• (3) If a prohibition referred to in subsection (1) applies only to a sector of a body of water from a marked geographical point or line in the cardinal direction of that sector, the person authorized by the Minister to place a sign shall place it at that point or line together with an additional sign bearing the black compass rose shown under letter D of Table 2 to Schedule 9 within a square, with one or more sections coloured international orange.

• (4) For the purpose of subsection (3), the following sections of the compass rose, coloured international orange, indicate the cardinal directions of the sector to which the prohibition applies:

  • (a) upper right and left corners, north;

  • (b) upper right corner, northeast;

  • (c) upper and lower right corners, east;

  • (d) lower right corner, southeast;

  • (e) lower left and right corners, south;

  • (f) lower left corner, southwest;

  • (g) upper and lower left corners, west; and

  • (h) upper left corner, northwest.

• (5) If a sign authorized by the Minister is placed directly on a buoy, a horizontal band shall be marked immediately above and immediately below the sign such that each band

  • (a) is one twelfth of the sign width;

  • (b) is coloured international orange; and

  • (c) extends all around the buoy.