Consultation on updating the Vessel Operation Restriction Regulations (2021 submission)

Current status: CLOSED

Open on December 7, 2022 and closing on February 6, 2023.

The Vessel Operation Restriction Regulations explain the rules for vessels that navigate or operate in some Canadian waters.

Each year, Transport Canada receives applications from local authorities to create or update navigation restrictions in order to make navigation safer, to protect the environment and to protect the public interest.

We use this yearly process to update the regulations and make other small changes.

We're holding this consultation to collect feedback from key stakeholders, including Indigenous communities, about these policy changes.

We want to change the regulations to:

  • use a consistent approach for the restriction Schedules
  • modernize some parts of the regulations
  • make the regulations more efficient and precise, and
  • make sure we respect the rights of Indigenous peoples

Using a consistent approach

We want to amend subsection 2(4) of the regulations. This section bans vessels with either power-driven engines, or electric motors with more engine power than the maximum engine power in waters in public parks and controlled access bodies of water as noted in Schedule 4.

We want to change the regulations so that this ban applies to all types of bodies of water, not just some. This will allow more local authorities to set engine power rules for their bodies of water.

We also want to update the regulations so that people who hold a federal fishing permit and whose livelihood depends on fishing, are exempt (have special permission not to follow) the rules under Subsections 2(1) to 2(4). These subsections explain the rules for using the bodies of waters in Schedules 1 to 4.

Modernizing the regulations

We want to remove sections 8 and 9 from the regulations. These sections cover technical guidance on signage which we want to incorporate in a Transport Canada publication. This change will make it easier and faster for us to update the guidelines, as needed.

Making the regulations more efficient

Many groups are worried about the environmental impact of wake boarding, as it can erode shorelines and contribute to navigation safety issues.

Currently, the regulations only allow local authorities to ban all towing activities (like wake surfing, but also water skiing, tubing etc.) when there is a safety or environmental issue. The existing broad rules have kept some authorities from setting any rules at all.

As such, we want to separate the rules for wake surfing in a different Schedule. This will allow local authorities to limit wake surfing to specific days and/or times of day.

Respecting Indigenous rights

We want to introduce an exemption to make sure Indigenous peoples can continue to exercise their rights as recognized and affirmed under section 35 of the Constitution Act, 1982 (for example, an Indigenous person fishing for food, social or ceremonial purposes). Specifically, Indigenous people would be exempt (have special permission not to follow) from the rules under Subsections 2(1) to 2(4). These subsections explain the rules for using the bodies of waters in Schedules 1 to 4.

Adding new restrictions

We also want to introduce 23 new restrictions to six bodies of water to address safety and environmental issues, and to protect the public interest. These restrictions include:

  • setting maximum speed limits
  • banning all types of vessels, and
  • limiting sporting or recreational towing, including wake surfing, on all or parts of some bodies of water

The new restrictions are outlined below.

Body of water Restriction
Big Tub Harbour (Ontario)

Schedule 1 (all vessels prohibited) – expanding the geographic area of an existing restriction

Schedule 6 (power-driven and electric motor vessels speed limit) – 10km/h limit on Big Tub Harbour

For further details, please contact the Ontario Office of Boating Safety at obs-ontario-bsn@tc.gc.ca

Richelieu River (Quebec)

Schedule 2 (power-driven and electric propulsion vessels prohibited) – a specific part of the Richelieu River

Schedule 6 (power-driven and electric motor vessels speed limit) – 10km/h within 4 specific parts of the Richelieu River and 50km/h for a 20km section of the Richelieu River

Schedule 7 (towing and wake surfing banned) – at all times on 2 specific parts of the Richelieu River and on weekends during specific hours on one specific part of the river

For further details, please contact the Quebec Office of Boating Safety at bsn-quebec-obs@tc.gc.ca

Saint-Maurice River (Quebec)

Schedule 6 (power-driven and electric motor vessels speed limit) - 5km/h and 10km/h within 5 specified segments of the Saint-Maurice River

For further details, please contact the Quebec Office of Boating Safety at bsn-quebec-obs@tc.gc.ca

Duhamel Lake (Quebec)

Schedule 6 (power-driven and electric motor vessels speed limit) – 10km/h within 60m from shore and 30km/h for the rest of Duhamel Lake

Schedule 7 (towing and wake surfing prohibited) – at all times

For further details, please contact the Quebec Office of Boating Safety at bsn-quebec-obs@tc.gc.ca

Pinawa Channel and Lee River (Manitoba)

Schedule 7 (towing and wake surfing banned) – at all times within 100m from shore on a specific part of Lee River and within a specific time on Saturdays within a specific part of the Pinawa Channel

Schedule X (new schedule) (wake surf banned) – at all times within one specific part of Lee River and one specified part of Pinawa Channel

For further details, please contact the Prairie and Northern Region Office of Boating Safety at PNRBoatingSafety-SecuriteNautiqueRPN@tc.gc.ca

Enforcement officers

Finally, the proposed amendments would designate the Windsor Port Authority's enforcement officers as "enforcement officers" under section 16 of the Regulations. This will give these officers permission to enforce local restrictions within the limits of the Windsor Port Authority.

We expect these proposed changes will be pre-published in the Canada Gazette, Part I in spring 2023.

Join in: how to participate

If you want to submit feedback on the changes we're proposing or have any questions, please email MSSRegulations-ReglementsSSM@tc.gc.ca.

Who is the focus of this consultation?

We're interested in hearing from the public, including Indigenous groups. We will also be asking for input from stakeholders from the Canadian Marine Advisory Council's Standing Committee on Recreational Boating and the National Recreational Boating Advisory Council. These stakeholders include:

  • boating safety associations
  • police marine units
  • accredited course providers
  • Canadian and United States Coast Guards
  • businesses, and
  • academics

Key questions for discussion

  • What do you think about the proposed policy changes?
  • Are there any issues you'd like to raise about the proposed new restrictions on the  six bodies of water? If yes, please explain.
  • Are there issues you'd like to raise about allowing officers from the Windsor Port Authority to enforce local restrictions on the water within their area of responsibility? If yes, please explain.
  • Are there any other issues that we've missed, or general concerns that you think need to be dealt with?

Contact us

Transport Canada
Tower C, Place de Ville
330 Sparks St
Ottawa, ON K1A 0N5

Email: MSSRegulations-ReglementsSSM@tc.gc.ca