Transport Canada held an online consultation from October 12 – December 11, 2023, to give Canadians the chance to comment on the proposed approach to modernize the Vessel Operation Restriction Regulations (VORR) by streamlining the process for implementing vessel operation restrictions. This report summarizes what we heard during this public consultation.
On this page
Our consultation approach
On October 12, 2023, we launched an online consultation to gather feedback from marine stakeholders, including Indigenous groups, and members of the public on the proposal for modernizing the Vessel Operation Restriction Regulations. This consultation ran for 60 days.
To inform stakeholders about the consultation and invite their feedback, we:
- published the consultation on Transport Canada’s Let’s Talk Transportation webpage;
- emailed the consultation link to people and organizations on the Canadian Marine Advisory Council's (CMAC) distribution list;
- emailed the consultation link to stakeholders on the Office of Boating Safety’s email distribution list, including regional partners;
- discussed the consultation at the fall 2023 national Canadian Marine Advisory Council meeting;
- encouraged boating and industry associations to tell their members about the consultation; and
- promoted the consultation on social media.
By the end of the consultation period, we received 170 written responses to the open-ended questions on the Let's Talk Transportation webpage and 606 written submissions via email. It should be noted that 575 (95%) of the written submissions were sent as part of an organized letter-writing campaign. Furthermore, 1,276 comments were provided by 384 participants through an online survey. These participants also completed ranked option questions within the survey.
In total, we received 2,052 comments from all consultation methods, reflecting diverse perspectives from different groups.
We heard from Canadians across the country, including:
- members of the public;
- recreational boaters;
- boating safety advocates;
- marine stakeholders;
- businesses;
- local authorities;
- non-governmental organizations; and
- associations (like lake associations, environmental protection associations, and marine industry associations).
Feedback grouped by theme
General comments
In general, the feedback we received didn’t oppose the proposed approach to modernizing the regulations. Instead, it highlighted issues across the regulatory process that were most important to correspondents and that they wanted Transport Canada to consider. These included:
- keeping the current obligation for local authorities to consult relevant stakeholders, like boat owners and boating and tourism industry associations, before applying for a vessel operation restriction. It was suggested that more resources be dedicated to support and facilitate these consultations at the local level;
- respecting the rules governing the use of ministerial orders and only using them when necessary to address exceptional measures, based on rigorous analysis and objective criteria;
- reducing the length of time ministerial orders can stay in place to one year, but adding the option for a single one-year renewal for a specific area with restrictions in place; and
- setting concrete and measurable goals to promote free and equitable access to waterways.
In our survey, we asked participants to prioritize proposed changes aimed at improving the application and approval process for new vessel operation restrictions. Participants ranked these proposed changes from highest to lowest priority. The results revealed that:
- using ministerial order authority to promptly address new and pressing issues was participants’ first priority;
- ensuring that complete application requests submitted to Transport Canada enter into force before the upcoming boating season by following an approach that allows for quicker implementation, was participants’ second priority; and
- limiting Transport Canada's role in the review process was participants’ third priority.
Concerning Transport Canada's role in the review process, most participants (78%) believed that Transport Canada should continue to consult and seek feedback from the public even after local authorities have submitted new restriction requests. This shows that most respondents feel that Transport Canada should maintain some level of oversight over proposed restriction applications once received from local authorities. This sentiment was also shared by a smaller proportion (2.9%) of participants who submitted written feedback.
Despite the general support for modernizing the regulations, a small amount (4.1%) of participants who submitted written feedback believed the application process should stay the same. A smaller fraction (1.1%) of written feedback was skeptical of local authorities’ ability to effectively address waterway issues.
Incorporation by reference
Over half (59%) of survey participants supported incorporating the schedules by reference into the regulations, to allow new restrictions to be implemented faster. A small percentage (3.9%) of participants who submitted written feedback opposed this change, but this opposition was due to a misconception that the schedules would no longer be legally binding if incorporated by reference.
One of the main concerns with modifying the schedules through incorporation by reference, was how to make sure broad consultations are still held at the local level with all waterway users and impacted stakeholders to avoid the process being heavily influenced by special interest groups. This concern was raised by over half (56.2%) of participants who submitted written feedback.
Consultation and communication
Most participants indicated that a broad approach is needed to consult key stakeholders (like residents living near the waterway, local boat owners, local businesses, etc.). Participants who submitted written feedback included other key stakeholders they believe should be engaged, like:
- lake and boating associations;
- environmental groups;
- neighbouring communities;
- tourism promoters; and
- law enforcement agencies.
In response to the survey question on informing stakeholders about proposed approaches to tackle waterway issues, including new restrictions, participants suggested that all means of communication available should be used to inform the population. Survey respondents indicated that these promotional strategies should include:
- social media;
- local newspapers and radio stations;
- local authorities’ websites;
- posting at local marinas and boating businesses; and
- sharing with local associations’ membership lists.
Regarding the amount of time for consultation periods, respondents were asked to choose between 90 days, 60 days, and 30 days. Over half (57%) of survey respondents favoured a 90-day consultation period, less than a quarter (22%) supported a 60-day period, and the rest (21%) supported a 30-day period.
They emphasized the importance of involving stakeholders early on and ensuring their ongoing participation throughout the local decision-making process. Respondents said this approach was crucial to guaranteeing that proposed solutions to waterway issues are effective, including applications for vessel operation restrictions.
Over half (52%) of participants who submitted written feedback believed having clear requirements for local authorities applying for restrictions is key to ensuring consistency on which information is necessary in an application, such as information on waterway users, current issues, environmental assessments, and non-regulatory solutions that have been attempted.
Ministerial orders
In terms of use of the new ministerial order authority, almost three-quarters (71%) of survey participants supported using ministerial orders to set restrictions for new and emerging safety or environmental issues on Canada's waterways.
A small percentage (2.5%) of participants who submitted written feedback objected to using this new authority unless the ministerial order is clearly required for a serious and time-sensitive issue that must be managed until a permanent solution can be found. They believed that an analysis of the issue and, in the case of environmental issues, sound evidence, should be minimum requirements for meeting this threshold.
Some (3.6%) participants who submitted written feedback provided a list of other issues where orders should be used, including:
- large-scale pollution risks;
- floating homes;
- seaplanes;
- special events (like regattas);
- vessel noise; and
- preventative measures to address environmental issues.
Participants felt that using multiple means of communication and working directly with the local authorities are critical to making sure all waterway users and impacted stakeholders know about any restrictions being put in place and of future consultations to find permanent solutions.
Almost half (49.8%) of participants who submitted written feedback felt that orders should be limited to 1-year instead of the current maximum of 2 years, with the potential for a 1-year renewal, if needed.
Additional modernization approaches
A little over half (56%) of survey participants noted that they would support other approaches to respond to waterway issues, including non-regulatory solutions, such as:
- increasing safe boating education and awareness activities;
- confirming that local authorities are willing and able to take responsibility for restrictions already under their purview. Some stakeholders believe local authorities aren’t effective at managing existing restrictions;
- providing the public with better access to information on current restrictions (like digital maps);
- doing surveys to gather information on waterway users; and
- confirming that resources and personnel are available to enforce existing regulations.
Some participants who submitted written feedback (3.6%) shared examples of issues that they believe require new types of restrictions. These issues include:
- seaplanes;
- noise pollution;
- waterway access;
- floating accommodations;
- innovative technology;
- invasive species;
- wake management;
- marine wildlife; and
- protecting migratory birds.
A small percentage (1.4%) of participants who submitted written feedback felt that a simplified application process should be developed by removing specific requirements like the cost-benefit analysis. Others suggested that environmental studies developed for one waterway could be used for another waterway with similar characteristics, which would remove the need for a new study for each new application. About half (49.6%) of participants who submitted written feedback suggested that Transport Canada set concrete, measurable objectives on promoting free and equitable access to waterways.
A few participants who submitted written feedback (1.2%) shared options for other amendments to the regulations. These ideas were also shared in previous consultations, like implementing universal restrictions across the country, similar to the universal shoreline speed restriction under section 2 (7) (limit of 10km/h within 30 metres from shore).
These universal restrictions could be based on defined minimum waterway characteristics that are required to perform certain activities and restricting these activities on waterways that don’t meet these characteristics.
Lastly, some participants who submitted written feedback asked that the universal shoreline speed restriction under Section 2 (7) of the regulations (limit of 10km/h within 30 metres from shore) be immediately implemented across the province of Québec.
Next steps
All the feedback we received during this consultation will be considered and taken into account as we finalize our modernization approach to amending the Vessel Operation Restriction Regulations.
Stakeholders will also be informed following the pre-publication of the modernized VORR proposal in the Canada Gazette, Part I, at which time they will have another opportunity to provide their feedback.