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Vessel Operation Restriction Regulations (SOR/2008-120)

Regulations are current to 2024-03-06 and last amended on 2023-12-08. Previous Versions

Restrictions (continued)

Anchorage in False Creek

 In section 14, anchor includes securing a vessel to a mooring buoy or attaching it to another vessel that is anchored.

  •  (1) 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

    • (a) for a cumulative period of more than eight hours between 9:00 a.m. and 11:00 p.m.; or

    • (b) any time after 11:00 p.m. of one day and before 9:00 a.m. of the following day.

  • (2) The Minister shall issue a permit for a maximum period set out in subsection (3) or (4) if

    • (a) the owner or operator of a vessel submits to the Minister a signed application providing the following information:

      • (i) the number of days that the vessel would be anchored,

      • (ii) the name and permanent address of the applicant,

      • (iii) the telephone number or the place where the applicant may be contacted during the period of the permit, and

      • (iv) the vessel’s identification;

    • (b) the vessel owner or operator ensures that the vessel is seaworthy; and

    • (c) there is space available to anchor the vessel.

  • (3) A permit is valid for a maximum period of

    • (a) 14 days for a permit issued during the summer, being the period beginning on April 1 and ending on September 30; and

    • (b) 21 days for a permit issued during the winter, being the period beginning on October 1 and ending on March 31.

  • (4) The owner or operator of a vessel may apply for a permit to anchor the vessel for a maximum period, calculated as follows:

    • (a) 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

    • (b) 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.

  • (5) This section does not apply to the following persons acting within the scope of their duties:

    • (a) an enforcement officer; or

    • (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.

  • SOR/2010-34, s. 8(F)
  • SOR/2015-123, s. 4
  • SOR/2017-124, s. 4
  • SOR/2018-204, s. 4

Safe Operation

[
  • SOR/2008-120, err., Vol. 142, No. 10
]
  •  (1) A person who operates a vessel shall

    • (a) take into account any circumstances that could pose a danger to the vessel or to other vessels; and

    • (b) avoid endangering the safety of persons involved in any activity in any waters.

  • (2) 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.

  • SOR/2015-161, s. 56
  • SOR/2017-124, s. 5

Enforcement

 For the purpose of ensuring compliance with sections 2 to 15, the persons or classes of persons set out in the table to this section are appointed or specified as enforcement officers.

TABLE

Column 1Column 2
ItemPersons or classes of personsGeographic location
1A member of the Royal Canadian Mounted PoliceAcross Canada
2A member of any harbour or river police forceAcross Canada
3A member of any provincial, county or municipal police forceAcross Canada
4A marine safety inspectorAcross Canada
5A pleasure craft safety inspectorAcross Canada
6A person employed as park warden by Parks Canada and appointed under the Canada National Parks ActAcross Canada
7A person employed as marine conservation area warden by Parks Canada and appointed under the Canada National Marine Conservation Areas ActAcross Canada
8A person employed as conservation officer by the National Capital CommissionNational Capital Region
9A person employed as fishery officer by the Department of Fisheries and Oceans in British Columbia and YukonBritish Columbia, Yukon and their adjacent waters
10A member of the British Columbia Conservation Officer Service appointed under the British Columbia Environmental Management Act, S.B.C. 2003, c. 53British Columbia
11A conservation officer appointed under the Alberta Government Organization Act, R.S.A. 2000, c. G-10Alberta
12A forest officer appointed under the Alberta Forests Act, R.S.A. 2000, c. F-22Alberta
13A wildlife officer appointed under the Alberta Wildlife Act, R.S.A. 2000, c. W-10Alberta
14A bylaw enforcement officer employed by the Town of Chestermere, in AlbertaAlberta
15A community peace officer — Level 1, employed by the Alberta Special Areas Board and appointed under the Alberta Peace Officer Act, S.A. 2006, c. P-3.5Alberta
16A person employed as community safety officer by the Saskatchewan Ministry of Corrections, Policing and Public Safety and appointed as special constable under Saskatchewan’s The Police Act, 1990, S.S. 1990-91, c. P-15.01Saskatchewan
17A person employed as conservation officer by the Saskatchewan Ministry of Corrections, Policing and Public Safety and appointed as special constable under Saskatchewan’s The Police Act, 1990, S.S. 1990-91, c. P-15.01Saskatchewan
18A special constable or municipal inspector for the following entities in Quebec: Municipality of Austin, Municipality of Ayer’s Cliff, Potton Township, Stanstead Township, Hatley Township, Municipality of Hatley, City of Magog, Regional County Municipality of Memphrémagog, Municipality of the Village of North Hatley, Municipality of Ogden, Municipality of Sainte-Catherine-de-Hatley, Municipality of Adstock, Municipality of Lambton, Municipality of Saint-Romain, Municipality of Saint-Joseph-de-Coleraine, Municipality of Sainte-Praxède, Municipality of Stornoway, City of Lac-Brome, Municipality of Saint-Ferdinand, Municipality of Saint-Adolphe-d’Howard, City of Estérel, City of Sainte-Agathe-des-Monts, Township Municipality of Orford, Municipality of Saint-Hippolyte, Municipality of Ivry-sur-le-Lac and Municipality of Lac-SimonQuebec
19A person employed as conservation officer by the Nova Scotia Department of Natural ResourcesNova Scotia
20A peace officer or special constable appointed under the Nova Scotia Police Act, S.N.S. 2004, c. 31, who operates in the Halifax Regional Municipality in Nova ScotiaHalifax Regional Municipality
21A park ranger appointed under the British Columbia Park Act, R.S.B.C. 1996, c. 344British Columbia
22A First Nations Constable appointed under the Ontario Police Services Act, R.S.O. 1990, c. P.15Ontario
23A peace officer appointed under section 7 of the Alberta Peace Officer Act, S.A. 2006, c. P-3.5, and employed by Leduc County or Parkland County, AlbertaAlberta
24A firefighter employed by the Calgary Fire Department, Calgary, AlbertaAlberta
25A community peace officer appointed under section 7 of the Alberta Peace Officer Act, S.A. 2006, c. P-3.5 and employed by the County of NewellAlberta
26A community peace officer appointed under section 7 of the Alberta Peace Officer Act, S.A. 2006, c. P-3.5 and employed by the Summer Village of Silver Beach, Pigeon Lake Protective ServicesAlberta
27A community peace officer appointed under section 7 of the Alberta Peace Officer Act, S.A. 2006, c. P-3.5 and employed by the City of EdmontonAlberta
28A peace officer appointed under section 7 of the Alberta Peace Officer Act, S.A. 2006, c. P-3.5, and employed by Vulcan CountyAlberta
29An enforcement officer appointed under the Canada Marine Act and employed by the Windsor Port AuthorityWindsor Port

 An enforcement officer may

  • (a) prohibit the movement of any vessel or direct it to move as specified by the enforcement officer;

  • (b) stop and board any vessel at any reasonable time, and

    • (i) direct any person to put into operation or cease operating any equipment on board the vessel,

    • (ii) ask any pertinent questions of, and demand all reasonable assistance from, any person on board the vessel, and

    • (iii) require that any person on board the vessel provide to the enforcement officer, for examination, any document or information that is in the person’s possession.

  • SOR/2010-34, s. 10

Age Restrictions

 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.

  • SOR/2017-124, s. 7

 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.

  • SOR/2015-123, s. 6(F)

 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.

  • SOR/2015-123, s. 6(F)

 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

 [Repeal]

Coming into Force

 These Regulations come into force on the day on which they are registered.

 

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