Whereas the Minister of Transport is of the opinion that the annexed Interim Order Respecting a Flooded Area in British Columbia, 2021, No. 3 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 Order may be contained in a regulation made pursuant to paragraphs 136(1)(f)Footnote a and (h)Footnote a of the Canada Shipping Act, 2001Footnote b ;
Therefore, the Minister of Transport, pursuant to subsection 10.1(1)Footnote c of the Canada Shipping Act, 2001Footnote b, makes the annexed Interim Order Respecting a Flooded Area in British Columbia, 2021, No. 3.
Ottawa, December 8, 2021
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.
Prohibition
Operation of vessels
2 It is prohibited for a person to operate a vessel in the waters of the Sumas River and the waters over the floodplains on the Sumas Prairie, between McCallum Road, the United States border and the Vedder River, that are in the vicinity of the City of Abbotsford and the City of Chilliwack and that are within the area illustrated on a map, entitled Map relating to the Transport Canada Interim Order Respecting a Flooded Area in British Columbia, 2021, published on December 7, 2021, by the Department of Transport and available through its website.
Exception
Persons
3 Section 2 does not apply to vessels operated by any of the following persons:
- 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;
- a member of a fire department or police force who is acting in the course of their duties;
- an officer or non-commissioned member of the Canadian Forces who is acting in the course of their duties;
- an employee of a Crown corporation who is acting in the course of their duties;
- a person who is authorized by an entity referred to in paragraph (a), (b) or (d) 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;
- 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
- 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
4 For the purpose of ensuring compliance with section 2, the persons or classes of persons set out in the table to this section are appointed or specified as enforcement officers.
| Item | Person or Class of Persons | Geographic Location |
|---|---|---|
| 1 | A member of the Royal Canadian Mounted Police | Across Canada |
| 2 | An officer of the Canadian Coast Guard who is a Marine Communications and Traffic Services Officer | Across Canada |
| 3 | An officer of the Canadian Coast Guard working on a vessel, when they are on board the vessel | Across Canada |
| 4 | A member of any harbour or river police force | Across Canada |
| 5 | A member of any provincial, county or municipal police force | British Columbia |
| 6 | A marine safety inspector | Across Canada |
| 7 | A pleasure craft safety inspector | Across Canada |
| 8 | A First Nations Constable appointed under the British Columbia Police Act, R.S.B.C. 1996, c. 367 | British Columbia |
| 9 | A fishery officer designated under the Fisheries Act | Across Canada |
| 10 | An Office of Boating Safety Officer | Across Canada |
Powers
5 An enforcement officer may
- prohibit the movement of any vessel or direct it to move as specified by the enforcement officer; and
- stop and board any vessel at any reasonable time and
- direct any person to put into operation or cease operating any equipment on board the vessel,
- ask any pertinent questions of, and demand all reasonable assistance from, any person on board the vessel, and
- 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.
The Map relating to the Transport Canada Interim Order Respecting Certain Flooded Areas in British Columbia, 2021 can be found at the following link:
Repeal
6 The Interim Order Respecting Certain Flooded Areas in British Columbia, 2021, No. 2, made on November 30, 2021, is repealed.