Boating Restriction Regulations

C.R.C., c. 1407

CANADA SHIPPING ACT

Boating Restriction Regulations

REGULATIONS RESPECTING THE RESTRICTION OF NAVIGATION

SHORT TITLE

1. These Regulations may be cited as the Boating Restriction Regulations.

INTERPRETATION

2. In these Regulations,

"authorized sign" means a sign placed as authorized by the Minister pursuant to subsection 8(1); (écriteau autorisé)

"designated authority" means the Deputy Minister of a federal department, the chief executive officer of a federal agency or a representative designated by one of these persons to act on behalf of that person for the purpose of the administration of these Regulations; (autorité désignée)

"designated provincial authority" means any department of the government of a province designated by that government to process requests to impose restrictions on navigation in respect of waters within that province; (autorité provinciale désignée)

"electrical propulsion" means a mode of propulsion provided by a main propelling machinery that is an electric motor powered by electric cells; (propulsion électrique)

"enforcement officer" means

(a) a member of the Royal Canadian Mounted Police,

(b) a member of any harbour or river police force,

(c) a member of any provincial, county or municipal police force, or

(d) a person appointed by the Minister pursuant to section 11; (agent d'exécution)

"engine power" means the engine power, in kilowatts, calculated in accordance with ISO 8665, Marine Propulsion Engines and Systems -- Power Measurements and Declarations; (puissance motrice)

"Minister" means the Minister of Transport; (ministre)

"peace officer" [Repealed, SOR/2001-38, s. 1]

"personal watercraft" means a water-jet driven vessel with an enclosed hull and no cockpit and a maximum length of 4 m, that is designed to be used by one or more persons while straddling, sitting, standing or kneeling; (motomarine)

"power-driven" means a mode of propulsion provided by a main propelling machinery that is an internal combustion engine or steam engine. (propulsion mécanique) SOR/81-331, s. 1; SOR/88-466, s. 1; SOR/91-489, s. 1; SOR/99-52, s. 1; SOR/2001-38, s. 1; SOR/2002-17, s. 1.

AGE PROHIBITIONS

2.1 Notwithstanding any other provision of these Regulations, sections 2.2 to 2.5 apply in respect of pleasure craft, including personal watercraft, that are operated for recreational purposes in Canadian waters, other than the waters of the Northwest Territories and Nunavut. SOR/99-52, s. 2; SOR/2001-340, s. 1(F).

2.2 (1) Subject to sections 2.4 and 2.5, no owner, master, operator, charterer, hirer, person in charge of a pleasure craft propelled by a motor with an engine power greater than 7.5 kW or person who makes it available for rent shall allow a person who is under 12 years of age to operate the pleasure craft.

(2) Subject to sections 2.4 and 2.5, no person who is under 12 years of age shall operate a pleasure craft propelled by a motor with an engine power greater than 7.5 kW. SOR/99-52, s. 2; SOR/2001-38, s. 2; SOR/2002-17, s. 2.

2.3 (1) Subject to sections 2.4 and 2.5, no owner, master, operator, charterer, hirer, person in charge of a pleasure craft propelled by a motor with an engine power greater than 30 kW or person who makes it available for rent shall allow a person who is under 16 years of age to operate the pleasure craft.

(2) Subject to sections 2.4 and 2.5, no person who is under 16 years of age shall operate a pleasure craft propelled by a motor with an engine power greater than 30 kW. SOR/99-52, s. 2; SOR/2002-17, s. 3.

2.4 (1) Subject to section 2.5, an owner, master, operator, charterer, hirer, person in charge of a pleasure craft propelled by a motor with an engine power greater than 7.5 kW or person who makes it available for rent may allow a person who is under 12 years of age to operate the pleasure craft if the person is accompanied and directly supervised in the pleasure craft by a person who is 16 years of age or older.

(2) Subject to section 2.5, a person who is under 12 years of age may operate a pleasure craft propelled by a motor with an engine power greater than 7.5 kW if the person is accompanied and directly supervised in the pleasure craft by a person who is 16 years of age or older.

(3) Subject to section 2.5, an owner, master, operator, charterer, hirer, person in charge of a pleasure craft propelled by a motor with an engine power greater than 30 kW or person who makes it available for rent may allow a person who is 12 years of age or older but less than 16 years of age to operate the pleasure craft if the person is accompanied and directly supervised in the pleasure craft by a person who is 16 years of age or older.

(4) Subject to section 2.5, a person who is 12 years of age or older but less than 16 years of age may operate a pleasure craft propelled by a motor with an engine power greater than 30 kW if the person is accompanied and directly supervised in the pleasure craft by a person who is 16 years of age or older. SOR/99-52, s. 2; SOR/2002-17, s. 3.

2.5 (1) No owner, master, operator, charterer, hirer, person in charge of a personal watercraft or person who makes it available for rent shall allow a person who is under 16 years of age to operate the personal watercraft.

(2) No person who is under 16 years of age shall operate a personal watercraft. SOR/99-52, s. 2; SOR/2001-38, s. 3; SOR/2002-17, s. 4.

PROHIBITIONS

3. No person shall place a sign anywhere for the purpose of restricting the operation of any vessel in Canadian waters unless

(a) the Minister has authorized the sign to be so placed; and

(b) the sign complies with sections 9 and 9.1. SOR/95-253, s. 1.

3.1 Despite paragraph 3(b), a person may, on obtaining written authorization from the Minister, place a sign for providing notice of the prohibition set out in subsection 6(5.2). SOR/97-269, s. 1; SOR/98-385, s. 1.

4. No person shall, without the consent of the Minister, remove any authorized sign.

5. No person shall

(a) alter, conceal, damage or destroy any authorized sign; or

(b) use any authorized sign or post that supports an authorized sign as a mooring.

6. (1) No person shall operate a vessel in contravention of any restriction contained in an authorized sign.

(2) No person shall operate a vessel in any of the waters described in Schedule I, except as indicated in that Schedule, unless authorized by the Minister pursuant to paragraph 8(1.1)(a).

(3) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in any of the waters described in Schedule II, except as indicated in that Schedule, unless authorized by the Minister pursuant to paragraph 8(1.1)(b).

(4) No person shall operate a power-driven vessel in any of the waters described in Schedule III unless authorized by the Minister pursuant to paragraph 8(1.1)(b).

(4.1) [Repealed, SOR/97-269, s. 2]

(4.2) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion that has an engine power greater than the maximum engine power set out in column IV of an item of Schedule III.2 in the waters described in that item unless authorized by the Minister pursuant to paragraph 8(1.1)(c).

(5) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in the waters described in an item of Schedule IV in excess of the maximum speed set out in column IV of that item unless authorized by the Minister pursuant to paragraph 8(1.1)(d).

(5.1) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in the waters described in an item of Schedule IV.1 in excess of the maximum speed set out in column IV of that item unless authorized by the Minister pursuant to paragraph 8(1.1)(d).

(5.2) Subject to subsection (5.3), no person shall, in the inland waters of Canada that are within Ontario, Manitoba, Saskatchewan, Alberta or British Columbia, operate a power-driven vessel at a speed in excess of 10 km/h in waters within 30 m of the shore.

(5.3) Subsection (5.2) does not apply

(a) if the operation of the vessel is for the purpose of towing a person on water skis, a surf board or any other such equipment and

(i) the vessel follows a trajectory that is perpendicular to the shore, and

(ii) where the vessel is being operated in waters within 30 m of the shore, the operation takes place within an area designated by buoys as an area in which such operation is permitted; and

(b) in respect of the operation of power-driven vessels

(i) in rivers that are less than 100 m in width, or canals or buoyed channels, or

(ii) in any waters referred to in Schedule IV or IV.1 in respect of which a maximum speed is prescribed by these Regulations with regard to a specified distance from shore.

(6) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in the waters described in an item of Schedule V for the purpose of towing a person on water skis, surf board or any other such equipment except during the permitted hours set out in that item, if any.

(7) Subsections (1) to (5.2) do not apply to:

(a) an enforcement officer;

(b) an employee or agent of the Crown, of a province, county or municipality acting within the scope of their duties;

(c) a person in the act of saving life or limb or preventing damage to property; or

(d) a person who operates a safety boat for surveillance and lifeguarding within the scope of regular activities carried out by a recreational institution or a teaching or racing organization established under provincial, federal or international laws.

(e) and (f) [Repealed, SOR/97-269, s. 2]

(8) Subsections (1) to (4.2) do not apply to

(a) a person who occupies a waterfront cottage that is only accessible by water and who operates a vessel solely for the purpose of reaching that cottage; or

(b) a person who holds a provincial fishing permit and whose livelihood depends on fishing. SOR/80-594, s. 1; SOR/91-489, s. 2; SOR/93-308, s. 1; SOR/96-284, ss. 1, 33(F); SOR/97-269, s. 2; SOR/2001-38, s. 23; SOR/2001-208, s. 1.

7. (1) No person shall hold a regatta, marine parade or boat race in the waters described in Schedule VI unless authorized by a permit issued pursuant to subsection 8(2).

(1.1) No person shall hold a regatta, marine parade or boat race in the waters described in subsection 6(5.2) or in Schedule IV or IV.1 during the course of which vessels will be operated at a speed that exceeds the maximum speed prescribed by these Regulations in respect of those waters unless that person is authorized by a permit issued pursuant to subsection 8(2.1).

(2) The person in whose name a permit to hold a regatta, marine parade or boat race is issued and all persons taking part in the regatta, marine parade or boat race shall comply with all the conditions set out in the permit.

(3) No regatta, marine parade or boat race held in waters other than those described in Schedule VI shall be held in a manner or at a place that would have the effect of unnecessarily obstructing ordinary navigation. SOR/91-489, s. 3.

7.1 (1) No person shall operate a commercial river raft in the waters described in Schedule VI.I unless authorized by a permit issued pursuant to subsection 8(6).

(2) The person in whose name a permit to operate a commercial river raft is issued shall comply with all the conditions set out in the permit. SOR/81-331, s. 2; SOR/87-513, s. 1.

AUTHORIZATIONS

8. (1) The Minister may authorize in writing any person or class of persons to place a sign in an area for the purpose of indicating that a restriction on the operation of vessels established by these Regulations exists in respect of that area.

(1.1) Where the advancement of scientific research or the development of aquaculture, or other related activities, the protection of the environment, the promotion of safety or the protection of life during a public event, the holding of a provincial, national or international sportive or artistic event, the enforcement of the law or the education or information of the public make it necessary that certain restrictions on navigation on waters referred to in the schedules to these Regulations be temporarily suspended, the Minister may, on written request, authorize in writing any person or class of persons, on a temporary basis,

(a) to operate any vessel in any of the waters described in Schedule I;

(b) to operate a power-driven vessel or a vessel driven by electrical propulsion in any of the waters described in Schedule II or III;

(c) to operate a power-driven vessel that has an engine power greater than the maximum engine power set out in column IV of an item of Schedule III.1 or III.2 in the waters described in columns I to III of that item;

(d) to operate a power-driven vessel in the waters described in columns I to III of an item of Schedule IV or IV.1 in excess of the maximum speed set out in column IV of that item;

(e) to operate a power-driven vessel at a speed in excess of 10 km/h within 30 m of the shore; or

(f) to operate a power-driven vessel for the purpose of towing a person on water skis, a surfboard, a water sled or any other such equipment in the waters described in column I of an item of Schedule V.

(2) The Minister may issue a permit authorizing any person to hold a regatta, marine parade or boat race in the waters described in Schedule VI.

(2.1) The Minister may issue a permit authorizing any person to hold a regatta, marine parade or boat race in the waters described in subsection 6(5.2) or in Schedule IV or IV.1 during the course of which vessels will be operated at a speed that exceeds the maximum speed prescribed by these Regulations in respect of those waters.

(3) The Minister may cancel his authorization for the placing of any sign and order the person authorized to place the sign to remove it and any support therefor.

(4) Any person who receives an order from the Minister pursuant to subsection (3) shall forthwith comply with that order.

(5) Where a person has placed a sign restricting the operation of any vessel, other than an authorized sign, the Minister may order that person to remove the sign and, on receipt of the order, that person shall forthwith remove the sign and any support therefor at his own expense.

(6) The Minister or a designated provincial authority may issue a permit authorizing any person to operate in any of the waters described in Column I of Schedule VI.I a commercial river raft that complies with the River Rafting Standards.

(7) The permit referred to in subsection (6) shall specify the period to which it applies and the requirement to comply with the conditions set out in the River Rafting Standards.

(8) The Minister or a designated provincial authority may suspend or cancel the permit issued pursuant to subsection (6) where the permit holder has failed to comply with the River Rafting Standards.

(9) The Minister or a designated provincial authority may issue an identification card to any person who meets the qualifications of a guide or Trip Leader set out in Schedule II to the River Rafting Standards.

(10) The identification card referred to in subsection (9) shall specify the period to which it applies and the requirement to comply with the River Rafting Standards.

(11) The Minister or a designated provincial authority may suspend or cancel the identification card issued pursuant to subsection (9) where the card holder has failed to comply with the River Rafting Standards.

(12) For the purposes of this section, "River Rafting Standards" means the River Rafting Standards, TP 8643, issued by the Department of Transport in August 1987. SOR/80-594, s. 2; SOR/81-331, s. 3; SOR/87-513, s. 2; SOR/88-466, s. 2; SOR/91-489, s. 4; SOR/95-253, s. 2; SOR/2001-340, s. 2(F).

REQUESTS FOR RESTRICTIONS ON NAVIGATION

8.1 Where a designated authority or a designated provincial authority seeks, in respect of certain waters, the imposition of a restriction on navigation that is of the same nature as a restriction imposed by these Regulations, the authority may submit to the Minister a request for such a restriction together with a report that specifies the location of the waters, the nature of the proposed restriction, information regarding any public consultations held in respect of such a restriction, and particulars regarding the implementation of the proposed restriction. SOR/91-489, s. 5.

AUTHORIZED SIGNS

9. (1) An authorized sign shall be, according to the prohibition or restriction prescribed, in the form

(a) set out under letter C of table 1 to Schedule VII, to indicate an area in which boats are prohibited;

(b) of a disk bordered by a band coloured international orange, as shown in figure 1a of Schedule VII, to indicate, in conjunction with two of the symbols shown in Table 1 to that Schedule, a single prohibition or restriction;

(c) of a cartouche bordered by a band coloured international orange, as shown in figure 2 of Schedule VII, to indicate, in conjunction with two or more of the symbols shown in Table 1 to that Schedule, multiple prohibitions or restrictions; or

(d) of a half-disk bordered by a band coloured international orange above a black line overlying a half-rectangle bordered by a band coloured green, as shown in figure 3 of Schedule VII, to indicate, in conjunction with the appropriate symbols shown in Table 1 to that Schedule in the half-disk and, in the half-rectangle, the symbols shown in Table 2 to that Schedule required to specify the applicable conditions, a prohibition or a restriction subject to conditions.

(2) A directional disk bordered by a band coloured international orange, as shown in figure 1b or 1c of Schedule VII, may be substituted for the disk referred to in paragraph (1)(b) to indicate the boundary of the waters to which the prohibition or restriction applies and, by means of the directional disk pointer, the side on which the prohibition or restriction applies.

(3) The information rectangle bordered by a band coloured international orange, as shown in figure 4 of Schedule VII, may be placed underneath an authorized sign referred to in subsection (1) to provide any additional information on the prohibitions or restrictions indicated on that sign.

(4) The width of the band coloured international orange referred to in this section shall be one twelfth of the width or diameter of the authorized sign described.

(5) Every authorized sign referred to in this section shall be marked at the lower edge in black with the words "CANADIAN COAST GUARD" and "GARDE CÔTIÈRE CANADIENNE" with the appropriate logo in accordance with the Canadian Coast Guard identification program TP4011. SOR/80-267, s. 1; SOR/80-594, s. 3; SOR/95-253, s. 3.

9.1 (1) Where it appears on an authorized sign referred to in section 9,

(a) the diagonal bar shown under letter B in Table 1 to Schedule VII indicates a prohibition of the usage or activity indicated by the symbol being crossed by the diagonal bar;

(b) the propeller symbol shown under letter D in Table 1 to Schedule VII and crossed by the diagonal bar shown under letter B of that Table indicates that no power-driven vessel or vessel driven by electrical propulsion shall be operated on the waters in respect of which the sign has been placed;

(c) the symbol shown under letter E in Table 1 to Schedule VII, consisting of a propeller superimposed by a gas pump, and crossed by the diagonal bar shown under letter B of that Table, indicates that no power-driven vessel shall be operated on the waters in respect of which the sign has been placed;

(d) the symbol consisting of a number shown under letter A of Table 1 to Schedule VII, above the expression "MAX kW" shown under letter F in that Table, indicates that no power-driven vessel with an engine whose power exceeds the power in kilowatts represented by that number shall be operated on the waters in respect of which the sign has been placed;

(e) the symbol consisting of a number shown under letter A of Table 1 to Schedule VII, above the expression "MAX km/h" shown under letter G in that Table, indicates that no power-driven vessel shall be operated at a speed in excess of the ground speed in kilometres per hour represented by that number on the waters in respect of which the sign has been placed; and

(f) the symbol consisting of the word "SKI" shown under letter H in Table 1 to Schedule VII and crossed by the diagonal bar shown under letter B of that Table indicates that no power-driven vessel shall be operated for the purpose of towing a person on water skis, a surf board or any other such equipment on the waters in respect of which the sign has been placed.

(2) Where a restriction referred to in subsection (1) applies only during specified periods, the following symbols shall appear on an authorized sign referred to in section 9:

(a) where the restriction applies to certain hours of the day, the symbol of a clock shown under letter A in Table 2 to Schedule VII, to indicate, in red, the hours during which the restriction applies and, in green, the hours during which it is permitted to practise the activity otherwise prohibited by the sign;

(b) where the restriction applies to certain days of the week, the series of seven squares shown under letter B in Table 2 to Schedule VII, on which appears in English and in French the first letter in white of each day of the week, to indicate, in red, the days on which the restriction applies and, in green, the days on which it is permitted to practise the activity otherwise prohibited by the sign; and

(c) where the restriction applies to certain months of the year, the series of seven squares shown under letter C in Table 2 to Schedule VII, on which appears the first letter in white of each month between April and November inclusive, to indicate, in red, the months during which the restriction applies and, in green, the months during which it is permitted to practise the activity otherwise prohibited by the sign.

(3) Where a restriction referred to in subsection (1) is limited to a sector of a body of water from a marked geographical point or line, in the cardinal direction of that sector, an authorized sign shall be posted at those limits and be accompanied by an additional sign consisting of a black compass rose, as shown in Table 3 to Schedule VII, delineating sectors coloured international orange, within a square.

(4) For the purpose of subsection (3), the following positions of the sector coloured international orange in relation to the compass rose shall indicate the cardinal direction to which the restriction applies:

(a) upper right and left corners, North;

(b) upper right corner, North-East;

(c) upper and lower right corners, East;

(d) lower right corner, South-East;

(e) lower left and right corners, South;

(f) lower left corner, South-West;

(g) upper and lower left corners, West; and

(h) upper left corner, North-West.

(5) Where an authorized sign is marked directly on a buoy, a horizontal band that

(a) is one twelfth of the sign width,

(b) is coloured international orange, and

(c) extends all around the buoy

shall be marked immediately above and immediately below the sign. SOR/95-253, s. 3; SOR/2001-340, s. 3.

LIABILITY FOR AUTHORIZED SIGNS

10. Any person who places an authorized sign

(a) is liable for all costs of construction, placing, maintenance and removal thereof; and

(b) shall cause the sign to be maintained in the form and construction required by these Regulations during the whole time that the sign is in place.

APPOINTMENT OF ENFORCEMENT OFFICERS

11. The Minister may appoint any employee of the federal government or of a provincial, county or municipal government as an enforcement officer for the purpose of these Regulations. SOR/2001-38, s. 23.

POWERS OF ENFORCEMENT OFFICERS

12. (1) An enforcement officer may question any person respecting any contravention or suspected contravention of these Regulations and may go on board any vessel for that purpose.

(2) The owner of a vessel boarded pursuant to subsection (1) and every person found on board the vessel shall give an enforcement officer all reasonable assistance in his power to enable the enforcement officer to carry out his duties and functions under these Regulations and shall furnish the enforcement officer with such information as he may reasonably require.

(3) An enforcement officer may, in order to verify and ensure compliance with these Regulations,

(a) require that the operator of a vessel produce, forthwith, proof of age; and

(b) direct the operator of a vessel to stop the vessel. SOR/2001-38, s. 23; SOR/2002-17, s. 5.

13. (1) Subject to subsection (2), an enforcement officer may, in order to promote public safety or to ensure compliance with these Regulations, direct or prohibit the movements of any vessel.

(2) Except in an emergency, an enforcement officer shall not, without the prior consent of the person in charge of monitoring marine traffic, give a direction under subsection (1) that would contradict a direction given by that person in respect of a vessel when it is in any of the following waters:

(a) the Seaway, as defined in subsection 2 (1) of the Canada Marine Act;

(b) a public port, as defined in subsection 2 (1) of the Canada Marine Act;

(c) a port that is under the jurisdiction of a port authority as defined in subsection 2 (1) of the Canada Marine Act; and

(d) a Vessel Traffic Services Zone referred to in sections 562.16 and 562.18 of the Canada Shipping Act. SOR/2001-38, s. 23; SOR/2002-17, s. 6.

14. A signal for a vessel to stop shall consist of

(a) a series of short blasts on a siren, whistle, horn or other sounding device; or

(b) any readily understandable visual signal given by an enforcement officer. SOR/2001-38, s. 23.

15. Every person shall comply with

(a) every direction and prohibition given by an enforcement officer pursuant to section 13; and

(b) every signal made by an enforcement officer pursuant to section 14. SOR/2001-38, s. 23.

PENALTIES

16. (1) Every person who contravenes these Regulations is liable on summary conviction to a fine not exceeding $500.

(2) Every person who is the owner, master, operator, charterer, hirer or person in charge of a vessel that is operated contrary to these Regulations is liable on summary conviction to a fine not exceeding $500 unless the vessel was so operated without his knowledge or consent and he exercised all due diligence to prevent such operation.

(3) Every person whose employee or agent contravenes these Regulations is liable on summary conviction to a fine not exceeding $500, whether or not the employee or agent is identified or has been prosecuted for the contravention, unless the contravention was committed without his knowledge or consent and he exercised all due diligence to prevent its commission.