On this page
- Context
- Issues
- Objectives
- Possible Approaches
- Timelines
- Opportunity to Provide Feedback
- Related links
Context
The Minister of Transport regulates navigation on Canada’s lakes, rivers and waterways to ensure safe recreational boating and protect the marine environmentFootnote 1. Transport Canada officials work with local authorities to address water safety concerns like excessive speed and risks to the environment like shoreline erosion and water quality. We do this with measures like restrictions on speed, hours of operation, the type of propulsion allowed to operate, and the type of activities. These measures become part of the Vessel Operation Restriction Regulations (VORR) under the Canada Shipping Act, 2001.
Each year, local authorities submit requests for new or amended VORR restrictions to Transport Canada. This process is outlined in the Local Authorities’ Guide. The draft regulations must be pre-published in the Canada Gazette, Part I to allow the public and interested parties to comment on the proposed new restrictions. They are published in their final form in the Canada Gazette, Part II. This process can take up to four years or more. One or two boating seasons can often pass before a requested restriction comes into effect.
Issues
Provinces, local authorities, persons living along waterways and recreational boaters have repeatedly expressed frustration at how long it takes for requested restrictions to come into effect. These groups have also raised concerns that the types of restrictions under the VORR are limited and do not cover all of the issues on local waterways.
We recognize that we need to modernize the process for requesting and implementing restrictions under the VORR. We need to streamline the process for proposing a restriction and shorten the time it takes to implement it.
Objectives
Transport Canada wants to modernize the VORR to make it faster, easier, and more effective for local authorities to implement restrictions. To make this happen, we need to hear how you think local authorities can have more of a direct role in identifying safety and environmental issues on local waterways and putting restrictions in place to address these issues. We also want to hear from you if there are any other potential issues not currently being addressed by the VORR, so we can work to introduce solutions.
The federal government is not giving over its constitutional powers over navigation to the provinces, the territories, or municipalities through this modernization. Further, the federal government is seeking to work with Indigenous Peoples throughout modernization to ensure that new processes will continue to provide opportunities for consultation and cooperation where regulations may affect Indigenous rights and interests.
Possible Approaches
In June 2023, the Government of Canada amended the Canada Shipping Act, 2001 to give the Minister of Transport new statutory authorities that could help implement and amend restrictions more rapidly.
These new amendments could enable the Minister of Transport to modify the VORR schedules (where the restrictions are listed) far faster than before. While this would be efficient, it would skip the consultation period that usually happens after the proposed restrictions are pre-published in draft form in the Canada Gazette, Part I.
However, Transport Canada officials would only add a new restriction to the VORR after receiving a municipal restriction request. This includes a resolution from the town or municipality and after their consideration and consultation with local members of the public and Indigenous communities. The local consultation requirements would be clearly outlined and only restriction requests that follow those requirements could be implemented.
The amendments to the Canada Shipping Act, 2001 also allow the Minister of Transport to issue Ministerial Orders to implement vessel restrictions not currently listed in the VORR. This allows pressing issues to be addressed immediately before going through the full regulatory process. This authority could be used to either quickly apply for new restrictions, or to introduce new types of restrictions under the VORR. The new restrictions would take effect immediately and remain in place until the regulations go through the full regulatory process. The orders would be valid for two years.
These new ministerial powers could provide a more efficient approval process and a way to address new issues rapidly. However, Transport Canada is seeking your feedback on the intended changes before proceeding.
Timelines
Following this consultation, Transport Canada will develop an approach to amend and modernize the VORR. The proposed changes would be presented for pre-publication in the Canada Gazette, Part I, targeted for spring 2024. This would be followed by a 60-day consultation period.
After reviewing the comments, the proposal would be revised as necessary before taking effect. We are currently planning for the proposal to take effect in summer 2025.
Opportunity to Provide Feedback
If you’d like to provide feedback on these changes, please visit the Let’s Talk Transportation page to participate in the discussion.