Whereas the Minister of Transport is of the opinion that the annexed Interim Order No. 6 Respecting Flooded Areas is required to deal with a direct or indirect risk to marine safety or to the marine environment;
And whereas the provisions of the annexed Interim Order may be contained in a regulation made under paragraphs 136(1)(f)Footnote a and (h)Footnote a and 207(1)(c) of the Canada Shipping Act, 2001Footnote b;
Therefore, the Minister of Transport makes the annexed Interim Order No. 6 Respecting Flooded Areas under subsection 10.1(1)Footnote c of the Canada Shipping Act, 2001Footnote b.
Ottawa, May 9, 2023
Omar Alghabra
Minister of Transport
Interpretation
Interpretation
1 Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in the Vessel Operation Restriction Regulations.
Prohibitions
Operation of vessels
2 It is prohibited for a person to operate a vessel in any of the following waters:
- (a) the part of the Ottawa River in Quebec between Macdonald-Cartier bridge and Rockland;
- (b) the part of the Ottawa River between Barrage de Carillon and Lac des Deux Montagnes; and
- (c) the waters of Lac des Deux Montagnes eastward to Pointe-Calumet.
Maximum speed
3 It is prohibited for a person to operate a pleasure craft at a speed in excess of 10 km/h in any of the following waters:
- (a) Lac des Deux Montagnes east of Pointe-Calumet;
- (b) Lac Saint-Louis; and
- (c) Rivière des Prairies.
Exception
Persons
4 Section 2 does not apply to vessels operated by any of the following persons:
- (a) an employee of a provincial government, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group who is acting in the course of their duties;
- (b) a member of a fire department or police force who is acting in the course of their duties;
- (c) an employee of a Crown corporation who is acting in the course of their duties;
- (d) a person who is authorized by an entity referred to in paragraph (a), (b) or (c) to support flood response measures or to participate in the repair, demolition or construction of infrastructure related to the floods, and who is acting in the course of their duties;
- (e) an officer or a non-commissioned member of the Canadian Forces who is acting in the course of their duties;
- (f) an officer of the Canadian Coast Guard who is acting in the course of their duties;
- (g) a person who operates a ferry vessel, as defined in section 2 of the Hull Construction Regulations, as a service available to the public, if the operation of the ferry vessel does not present an important risk to safety; and
- (h) a person who operates a vessel solely to gain access to their property, if the property is not accessible by road, or a person acting on behalf of the property owner.
Enforcement
Enforcement officers
5 For the purpose of ensuring compliance with sections 2 and 3, the persons or classes of persons set out in the table to this section are appointed or specified as enforcement officers.
|
|
Column 1 |
Column 2 |
|---|---|---|
|
Item |
Person or Class of Person |
Geographic Location |
|
1 |
A member of the Royal Canadian Mounted Police |
Quebec |
|
2 |
An officer of the Canadian Coast Guard who is a marine communications and traffic services officer |
Quebec |
|
3 |
An officer of the Canadian Coast Guard working on a vessel, when they are on board the vessel |
Quebec |
|
4 |
A member of any harbour or river police force |
Quebec |
|
5 |
A member of any provincial, county, First Nations or municipal police force |
Quebec |
|
6 |
A marine safety inspector |
Quebec |
|
7 |
A pleasure craft safety inspector |
Quebec |
|
8 |
A person employed as a conservation officer by the National Capital Commission |
The Quebec portion of the National Capital Region |
|
9 |
A fishery officer designated under the Fisheries Act |
Quebec |
|
10 |
An Office of Boating Safety officer |
Quebec |
Powers
6 An enforcement officer may
- (a)prohibit the movement of any vessel or direct it to move as specified by the enforcement officer; and
- (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.