Local Authorities’ Guide to Boating Restrictions

A user-friendly guide to the boating restriction process on Canadian Waters
(Version OBS 3.0)

Table of contents

1.0 Introduction ^

Boating Restriction Regulations are used primarily to address safety concerns where no other Act, regulation, or regulatory regime applies and where there is no other alternative than to restrict a waterway.

Boating restrictions address concerns raised by the operation of all small vessels (primarily pleasure craft) and are limited to all vessels less than 12 metres (15 gross tons). Boating restrictions based on concerns other than safety, such as in the public interest or environmental issues for example, may be considered as well on a case-by-case basis depending on the evidence and alternatives available.

This guide is intended for provincial and territorial government departments, local government authorities and on a case-by-case basis recognized stakeholder groups interested in applying to have a boating restriction applied on a specific body of water.

A boating restriction application is usually made for a specific body of water (or parts thereof), and requires the applicant to hold stakeholder consultations at the local level. Proposed restrictions that may have a national impact require a corresponding national consultation process.

Remember, a boating restriction application should not be the first step in dealing with waterways safety concerns. In many instances use issues can be resolved by dialogue amongst stakeholders. Acceptable non-regulatory agreements are also far more expedient and generally less costly.
 
When there is no consensus amongst stakeholders to accept a non-regulatory solution a boating restriction regulation may be the most effective way to ensure a safe and environmentally protected waterway. Before proceeding with such an application the applicant, and or applicants, must contact their Regional Office of Boating Safety for advice and direction. A contact list is included in the information section of this guide.

1.1 Overview: who does what? ^

The federal government has legislative authority and jurisdiction over all Canadian waters.¹  A provincial, territorial or federal government department may administer the application process for a proposed boating restriction amendment on behalf of Transport Canada Marine Safety, Office of Boating Safety (OBS).  Any level of government, community or recognized organization with some level of government support may apply for a boating restriction.  Other stakeholders and affected parties will be involved as a part of the consultation process.

Communities, organizations and local government requesting that a body of water be considered for a proposed restriction must follow specific procedures that are overseen by either a regional OBS or in some cases, a Provincial Designated Authority working with the OBS.  The applicant may be required by either of these authorities to provide further information in order for the application to proceed.  The process is based on the Government of Canada Regulatory Policy.

The primary responsibility of the OBS and/or the designated authority is to review the applications to ensure that a need for a designation under federal regulations has been established by the applicant:

• Clearly identifying the problem
• Identifying all known contributing causes to the problem
• Identifying non-regulatory alternatives that were examined or attempted
• Outlining and documenting the public consultation that has been carried out
• Establishing and documenting why regulation is the only alternative
• Outlining and documenting impact assessments and cost/benefit analyses based on the decision to regulate.
• Ensuring the nominated body of water has been accurately identified in terms easily understood by stakeholders
• Ensuring suitable methods are in place to allow compliance with the regulations
• Identifying that enforcement is practical
• Ensuring the information required is concise and in a format acceptable for review and potential processing

Once an application has been received, the regional OBS (with participation from other federal and provincial departments, if required) is responsible for ensuring that a designation is justified, sufficient documented public consultation has been carried out, and the requirements of the Government of Canada Regulatory Policy have been met.

The application will then be forwarded to the OBS National Headquarters for further processing. Publication through the Canada Gazette process will only occur if the application is successful, and all questions have been answered or resolved.

If an application fails to meet the Government of Canada Regulatory Policy, the regional OBS may send it back to the applicant for further consultation or review or to request additional information or substantiation. Returned submissions will include reasons for the return.

There are three common reasons why applications fail the regulatory process:

• The requirements of the Government of Canada Regulatory Policy were not met. For instance, other regulatory and non-regulatory alternatives have not been properly examined or exhausted.
• The root of the problem was not properly identified. This is critical when examining alternatives or solutions.
• The problem identified was more appropriately addressed through a different regulation or Act.

When the requirements of the application have been met, non-regulatory alternatives deemed ineffective and a boating restriction determined to be the best alternative, the review and publication of the new restriction in the regulations will generally take less than one year if all of the steps of the process have been followed and the required information has been provided.

1.2 The Government of Canada Regulatory Policy in brief ^

Transport Canada is responsible for ensuring that proposed boating restrictions meet the requirements of the Government of Canada Regulatory Policy. To assist applicants in preparing a complete application package, an overview of the Policy is provided in section 1.3 of this guide.

The entire Policy can be obtained from the following Web site:
www.pco-bcp.gc.ca/raoics-srdc/default.asp?Language=E&Page=Publications&Sub=Current

1.3 Government of Canada Regulatory Policy Overview ²  ^

The Government of Canada Regulatory Policy ensures that any regulatory action results in the greatest net benefit to Canadians. The Policy requires regulatory authorities to ensure that:

1. A problem or risk exists and can be clearly demonstrated, federal government intervention is justified and regulation is the best alternative.
2. Canadians are consulted and are given an opportunity to participate in non-regulatory alternatives, or in developing proposals for regulatory changes.
3. The benefits outweigh the costs to Canadians, their governments and businesses. When managing risks on behalf of Canadians, regulatory authorities must ensure that the limited resources available to all levels of government are used where they will have the strongest impact.
4. Adverse impacts on the capacity of the economy to generate wealth and employment are minimized and no unnecessary regulatory burden is imposed. In particular, regulatory authorities ensure:
   1. Information and administrative requirements are limited to what is absolutely necessary and that they impose the least possible cost
   2. The special circumstances of small businesses are addressed
   3. Parties proposing equivalent means to conform with regulatory requirements are given proper consideration
5. International and intergovernmental agreements are respected and full advantage is taken of opportunities for coordination with other governments and agencies.
6. Systems are in place to manage regulatory resources effectively.
7. Regulatory authorities must also ensure that regulations will be enforced and consequently require that applications for new restrictions include a commitment by an enforcement body to carry out these functions.

2.0 Process ^

There is a structured process that must be followed for a waterway or portion of a waterway to be designated under the regulations. It applies to every request for a boating restriction, since requests are assessed case-by-case. This process is not an absolute checklist, particularly in regard to consultation, but rather a system to ensure the requirements of the Regulatory Policy are met. Regional Offices of Boating Safety are key in assisting and providing advice on consultation, and in facilitating initiatives to resolve a waterway conflict or concern.

2.1 Public consultation: a three-step process ^

Public consultation is not a clearly defined step in the regulatory process. It is an ongoing component designed to solicit from the public the best solutions to a given problem. It is also one of the main mechanisms in identifying and addressing areas of concern.

Consultation can bring groups with diverging perceptions together, and provide a forum for them to discuss and agree on ways to remedy their concerns. Many times, this process is successful and results in non-regulatory solutions. Before consulting, develop a consultation plan and share it with your regional Office of Boating Safety (OBS). The OBS can provide helpful ideas and direction to keep the process on track.

A Note on Consultation

Public consultation is the most time consuming aspect of the regulatory process, and the most important. Unfortunately, it is also the part of the process that is least understood. Proper public consultation is used not only to inform the public of the concerns and problems of a particular waterway, but also to allow affected stakeholders to provide input and suggestions to assist in resolving these issues, prior to further government involvement. Public consultation is a way of ensuring that people and groups explore all their potential avenues of action, prior to undertaking a regulatory initiative. The consultation process may reveal that a restriction is not the best, or desired means, of addressing the issues at a given location, or that a non-regulatory alternative may resolve the situation.

Public consultation can identify a problem, lead to non-regulatory alternatives, measure the results of those alternatives, and if all else fails, it can examine the most appropriate solution that resolves the problem, while having the least impact. Consultations are an opportunity for stakeholders to be involved in the process and provide input. A Boating Restriction Regulation application is not accepted based on the number of people supporting a restriction, but rather on the basis of its merit and need.

The following steps are essential to successful consultation. The number of stakeholders affected by a proposed boating restriction determines the level of resources needed to ensure full public consultation. The quality of consultation will directly affect the federal government’s ability to process an application.  Also, if consultation has not been carried out in an appropriate manner, the OBS will not be in a position to support or recommend that a submission move forward. Expect delays or returned applications in such cases.

2.12 Step 1: Determining who the stakeholders are ^

Each waterway has its own, unique set of stakeholders. The applicant conducting the consultation must ensure that affected stakeholders have the opportunity to provide input. The list of affected stakeholders will include government and non-government groups and individuals. Examples include:

Possible non-government stakeholders:

• Shore residents and property owners
• Marina operators
• Yacht clubs, boating and sailing organizations
• Boat rental agencies
• Private boaters
• Commercial operations, tour boats, ferries, logging, tow boats, sport and commercial fishing organizations or groups
• First Nations’ groups
• Foreshore lease holders
• Advisory councils
• Environmental groups
• Local Port or Harbour Authorities
• Community organizations
• Ski clubs, Yacht clubs, pleasure boating groups
• Individuals who use the waterway

Possible government stakeholders or agencies:

• Transport Canada
• Fisheries & Oceans Canada
• Environment Canada
• Department of Justice
• Heritage Canada
• Provincial / federal park authorities
• Provincial, regional, or municipal governments
• Provincial transportation agency
• Tourism ministry
• Crown Lands
• Local, regional, provincial or federal law enforcement
• Provincial Ministry of Environment Offices 

2.13 Step 2: Notifying stakeholders of waterway concerns ^

Once stakeholders have been identified, they must be informed of the concerns raised so that the problem, if it exists, can be identified and an opportunity to find a non-regulatory alternative is fully explored (prior to a proposed restriction) and the reason for it. How each stakeholder is notified and given the opportunity to provide input may vary from area to area and for each stakeholder.

There are several ways to ensure notification. Examples of notification include:

• Posting notices at access points, marinas, ports, park information shelters, community notice boards, local stores, etc.
• Organizing public meetings
• Appearing on local call-in radio / TV shows
• Placing notices in mailboxes of homes and businesses in the affected area
• Contacting associations directly and asking them to inform their members
• Sending notifications to government agencies
• Flyer campaigns
• Electronic notification through Web sites and e-mail notification

2.14 Step 3: Stakeholder consultation ^

In this stage of the consultation process, the stakeholder response is received, taken into account and documented. If required, meetings are held and responses are compiled and summarized. Consultation is used to determine the following aspects:

• What is the exact definition of the problem(s)?
• What are the causes of the problem(s)?
• Are there presently any regulations in place that may address the problem?
• What non-regulatory alternatives can be used?
• What is the best solution to address the problem?
• What are the costs and benefits of the causes and their possible solutions?
• What are the impacts of a regulation on businesses, property owners, and all other stakeholders in the area?
• Is there anyone else who should be consulted? Who has been missed?
• What federal or provincial government agency is responsible for this type of issue?

A file on the consultation and results may include:

• Identification of the problem
• Identified causes
• Identified non-regulatory alternatives
• Comparative analysis leading to preferred solution
• Itemized and total summary of cost and benefits
• A list of stakeholders contacted and how they were contacted
• Copies of meeting minutes
• Letters and e-mails of support and opposition
• A list of phone call responses
• Copies of newspaper / magazine notifications, including dates and names of publications used
• Other relevant documentation

If the end result is a proposed regulation, expect the applicant to be questioned by the public and various levels of government on the rationale behind the identification of the problem, alternate solutions attempted or considered, and the thoroughness of consultation. Have this information available, as it will be used to respond to the many queries received from the various offices (up to and including Treasury Board analysts) involved in processing regulatory amendments. Accurate documentation will allow for proper evaluation and a clear record of events, and will support a case for a restriction, if necessary.

Throughout the consultation process, the applicant must consider foremost that a restriction may not be the best or only way of addressing the problem on the waterway in question. Consultation is a component of the review process that must be satisfied, prior to submitting a proposed restriction to the regional Office of Boating Safety (OBS). The first step should be a review of the Government of Canada Regulatory Policy and dialog with the regional Office of Boating Safety before initiating this process.

2.2 Exploring non-regulatory alternatives ^

Identifying a problem and proper consultation are key components in resolving a waterway concern. Part of consultation is to explore non-regulatory or voluntary compliance initiatives that may resolve the safety concern. It has been demonstrated on many waterways that non-regulatory initiatives can achieve the same result as a boating restriction, without going through the time-consuming regulatory process.

A non-regulatory alternative can be as simple as an agreement between waterway users to respect each other’s rights and operate in a courteous manner, or follow a voluntary code of conduct. Other forms of non-regulatory alternatives can be signs posted around a waterway requesting operators to reduce speed near narrow channels, near shore, around swimming areas or in areas where non-powered pleasure craft such as canoes and kayaks may be adversely affected by the speed or wake of a power-driven vessel. Signs such as “Please do not enter swimming area”, “Caution – swimming area”, “Please reduce your wake”, “Hazards near shore”, “Please reduce speed near shore”, “Please reduce speed when entering a narrow channel”, “In the interest of safety, all water-skiers please operate in a counter-clockwise direction”, are a few examples of how signage can be used to improve behaviour and increase safety on a waterway.

Voluntary compliance signs posted near a waterway cannot be mistaken for a federal prohibition if no prohibition exists. Posted signs that could be mistaken for a boating restriction are not permitted under federal legislation.

Signs indicating certain penalties already in regulations or Acts are also a good reminder to waterway users. “Prohibition Against Careless Operation” under section 43 of the Small Vessel Regulations is a good example. This section states “No person shall operate a small vessel in a careless manner, without due care and attention or without reasonable consideration for other persons”. Regional Offices of Boating Safety have sign templates indicating the types of operation this may include. Sign templates are also available at: www.tc.gc.ca/boatingsafety/careless.htm

Signs reminding waterway users of prohibitions under the Fisheries Act, Wildlife Act, or other Acts and regulations are also a good method of educating waterway users.

2.3 Applying for a restriction ^

INTRODUCTION:

The Boating Restriction Regulations (BRRs) allow for the restriction of boating activities, on a specific body of water, in order to achieve safety, environmental, or public interest objectives. BRRs provide the means to impose restrictions such as:

• Prohibition of all boats
• Limitation of propulsion power or type of propulsion
• Imposition of speed limits
• Restriction of towing activities such as waterskiing or regattas.

Restrictions can apply at all times or be specific to certain times of the day, week, months or seasons. Submissions for a boating restriction under the BRRs can target a particular type or types of craft that are the cause of a problem. There are presently some 2000 boating restrictions in effect on various bodies of water across the country.

PROCESS:

Step 1. Determine whether an alternate, effective, or non-regulatory means exist, such as working with the community for support, and or providing education to achieve the objectives. Transport Canada has trained personnel in each regional Office of Boating Safety across the country to proactively work with applicants in seeking solutions to waterway conflicts.

Step 2. If an alternate resolution is not found, regional staff will direct the applicant to the guide entitled “A user-friendly guide to the boating restriction process on Canadian Waters” (http://www.tc.gc.ca/BoatingSafety/pubs/brr-guide/menu.htm) and assist the applicant as appropriate.

Step 3. The applicant must:

• Clearly identify the problem
• Identify all known contributing causes to the problem
• Identify non-regulatory alternatives that were examined or attempted
• Outline and document the public consultation that has been carried out
• Establish and document why regulation is the only alternative
• Outline and document impact assessments and cost/benefit analyses based on the decision to regulate.
• Ensure the nominated body of water has been accurately identified in terms easily understood by stakeholders
• Ensure suitable methods are in place to allow compliance with the regulations
• Identify that enforcement is practical
• Ensure the information required is concise and in a format acceptable for review and potential processing

• Once an application has been received, the regional Office of Boating Safety (with participation from other federal and provincial departments, if necessary) is responsible for ensuring that a designation is justified, sufficient documented public consultation has been carried out, and the requirements of the Government of Canada Regulatory Policy have been met.
   
• The application will then be forwarded to the Office of Boating Safety, National Headquarters for further processing. Publication through the Canada Gazette process will occur when the application is successful, and all questions have been answered or resolved.
   
• When the process is properly followed, applications should be actioned and brought into force within one year, or sooner if fast tracking is possible.
   
• The applicant in any given case will vary. An applicant can be any level of government or a recognized group supported by some level of government capable of completing the Boating Restriction Regulation process and maintaining any signs or buoys if required once an application is successful. Regardless, the local level of government should be supportive, or at least not opposed, to the designation.

2.4 The review process ^

The application package sent by the applicant to the regional Office of Boating Safety (OBS) must contain enough information to allow the OBS to review the file and ensure that the process followed has met the requirements of the Government of Canada Regulatory Policy. It is in the applicant’s interest to contact the regional OBS for guidance on non-regulatory alternatives and on developing the following information if a boating restriction is the appropriate alternative:

• A description of the waterway including types of activity, access points, population, vessel types and other water related activities
• A chart or map clearly indicating the boundaries of the proposed site
• A complete description of the perceived problem(s), complete with an analysis of all probable causes and all potential solutions listing all of their pros and cons, etc.
• A summary of the consultation process, to include, as applicable
  1. A list of major stakeholders, their positions, how they were contacted and by what means
  2. Copies of print advertisements used including their date, place and publication
  3. Copies of posters/flyers and a list of locations displayed
  4. Dates and stations used for call-in programs
  5. Copies of minutes of meetings
  6. Summary of e-mail/letters – for and against
  7. Summary of telephone calls for and against
  8. Summary of non-regulatory alternatives considered including reasons for continuing with the proposed restriction, as well as why a particular restriction was selected
  9. A copy of the cost/benefit analysis
  10. A description of the compliance and enforcement mechanisms that will be put in place, and a letter from the local enforcement agency confirming that they support the proposed restriction and can enforce it
  11. If the applicant is not a government agency, agreement or support from some level of government for responsibility for signage

The regional OBS (and/or Designated Provincial Authority) will consider all aspects of the application and determine whether or not there is enough evidence to apply for a proposed boating restriction.

If necessary, an assessment of the waterway by qualified federal, provincial or territorial officials may be conducted to gather additional information to evaluate the waterway. The regional OBS will review and assess the level of consultation that has been conducted and will ensure that a cost/benefit analysis of the site(s) is prepared. Following this review, the regional OBS may recommend a proposed restriction for forwarding or return it to the applicant for more information or for further consultation. Recommended applications will be assembled and submitted to the Office of Boating Safety National Headquarters (OBS NHQ).

If the application is complete at this level, the OBS NHQ will prepare a Regulatory Impact Analysis Statement (RIAS) and other documentation. These documents will be in support of the designation and will summarize the information contained in the application, including an outline of the public consultations held, how the problem was defined, why this regulation was deemed the best solution, the impacts a designation will have on stakeholders, and how the different facets of the Regulatory Policy were satisfied.

The proposed amendment to the regulations to include the new site nomination, along with the accompanying RIAS is processed through the legislative law-making process, and may be published in the Canada Gazette Part I. The Gazette is published nationally and allows stakeholders one last opportunity to comment on the proposed regulatory changes. If comments are received by the federal government during the comment period that have already been addressed during the consultations, or if no comments are received at all, the nominated sites may be published in the Canada Gazette Part II and could become federal law at a date prescribed in the Regulation. In cases where comments are received that have not been previously addressed, the RIAS may have to be revised to address those concerns and/or additional consultations may have to be carried out.

Once the amendments have been published in Part II of the Canada Gazette, the OBS NHQ will inform the regional OBS and designated provincial authority (if applicable), who will in turn inform the applicant.
The applicant is responsible for ensuring that notification of the designation is given to the public. This notification can be in various forms, and may include the posting of signage in the designated areas or in public places close to the designated site. The applicant will be given ministerial authority to post any necessary signage once the proposed restriction is published in Canada Gazette Part II.

3.0 Placement of Signs Overview ^

If you are reading this section, it is likely your application for a Boating Restriction has been accepted. You have proven that a restriction is the best way of dealing with the problem, consulted with those most affected, established that the benefits of the restriction exceed its costs, and ensured that agreements between the federal and provincial governments concerned are respected. Most importantly, you have made a case that both people and money will be used wisely to make this restriction work.

In this section you will find information on how to determine the number and style of signs you will need to implement approved Boating Restrictions. Information is provided on how and from where you can purchase these signs.

3.1 Implementing a Safety Plan ^

The success of your Boating Restriction depends on people knowing that there is a restriction and what it requires them to do. In large part this means the proper placement of authorized signs. As on any highway, visible and easily understood signs must be posted at appropriate places on the waterway, to increase the chance of people behaving the way you want them to.

The legal responsibilities which flow from an approved Boating Restriction are fairly simple. The sponsoring municipality or province is responsible for:

• posting signs using the required graphic elements; and
• maintaining the signs.

This section will help you to fulfill these two obligations. There are no hard and fast rules for the number of signs or their placement but well-placed signs will increase the chances of a successful restriction.

3.2 Increase visibility for transient boaters ^

Consider what kind of boaters use the waterway. Are many of them day visitors using launching areas? Are many boaters just passing through? If the waterway sees a great deal of this kind of transient traffic, you may need more signs, particularly at launching areas and other points of entry. Ask yourself whether official boating restriction signs are sufficient. Perhaps you will need to erect a small billboard with a map of the lake (like a shopping mall map complete with "you are here") showing restricted areas and other helpful information such as hidden shallows.

3.3 Increase visibility for regular users ^

Are most operators of boats familiar with the area? Are most of the boaters local cottagers or residents? A cost-effective solution is possible when you are dealing with boaters who return season after season. Install just a few signs in high traffic areas, but rely mainly on distributing pamphlets which outline the nature of the boating restrictions.

3.4 Where and How to Place the Signs ^

When it comes to deciding where to place signs, there are few hard and fast rules, and some general guidelines. In addition to these, apply your own knowledge of the waterway and the behaviour of the boaters who use it.

Access points to the restricted waterway are natural places for signs, and these can include any public launching area. Signs at launching areas should be clearly visible, facing the landward side of the shore. If the restricted waterway is a river or channel, signs should be posted at all entry points to the restricted zone. If your restriction was motivated by a concern for swimmers, post signs on buoys at the edges of the restricted zone.

Signs are most often posted in the spring. Choose spots that will not become overgrown with foliage as the season progresses, to ensure visibility and to reduce maintenance chores.

Before you decide where to place signs, talk with the local office of the enforcement agency that will be policing the boating restriction.

If you have decided to place a sign on a buoy in navigable waters, you must first check with the Navigation Protection Program (NPP) of Transport Canada. The NPP is responsible for authorizing the placement of any "work", such as a dock, buoy, or pier in any navigable water in Canada.

3.5 Size and Height of Signs ^
 
The minimum size for a land-based boating restriction sign is 60 cm in diameter or width. For floating signs, the minimum diameter or width is 30 cm.
To determine an effective size for readability, it is important to know how far the boat will be from the sign when it first needs to be understood. Most sign makers can be consulted for advice on the appropriate size, but here are a few guidelines:

• If the operator of the boat is no more than 30 metres from the sign and travelling at a maximum of 15 km/h, the lettering should be a minimum of 5 cm high and symbols, such as a propeller, no less than 20 cm high. A single sign would thus be 45 cm in diameter, or "medium sized".
• If the operator of the boat is no more than 60 metres away and travelling as fast as 60 km/h, then the lettering should be a minimum of 10 cm high and the symbols no less than 40 cm high. The size of a single sign would thus be 75 cm in diameter, that is "large".

Water does not remain calm, and that should be taken into consideration when installing both floating signs and those on shore:

• The lower edge of a symbol on a buoy should be at least 40 cm above the surface of the water.
• The lower edge of a sign on land should be at least 2 metres above calm water.

3.6 What the Signs Should Look Like ^

Until now, this guide has provided a menu of ideas for promoting compliance, for where to place signs and for determining how big they should be. But when it comes to the actual look of the signs, you have no choice at all. For the sake of consistency and visibility, there are a number of regulations governing the appearance of Boating Restriction signs. There are no short cuts.

3.7 General requirements ^

Every sign must be marked at the lower edge in black with the words Transport Canada and Transports Canada and be accompanied by the Canadian flag logo. Many printers will know this combination of name and flag as the "fip", which stands for Federal Identity Program. All signs have to be bordered by a band in international orange, and the width of that band must be one-twelfth of the width or diameter of the sign.

All of the graphic elements required can be found at the three links below,. You can take these pages to a sign maker, or your sign maker can download the corresponding files from this Web Site directly.

• Borders and Shapes
• Symbols for types of restrictions
• Time-limited symbols

3.8 How to Order Signs Prepare a specs sheet ^

You can use the specifications sheet in the appendix to help you refine the order or tender which you can take to a sign maker. For each type of sign, the specifications should include:

• Quantity Use the discussion above and your own knowledge of your needs, to determine the number of signs you will need.
• Size The specs sheet provides you with a table with dimensions for three sizes of signs.
• Artwork to be used. As mentioned earlier, the Boating Safety Infoline at 1-800-267-6687 can provide you with hard copies of the required artwork for your sign maker. The different graphic elements can be combined to produce all of the signs required by the regulations. A sign maker can expand these to any size. In addition, electronic versions of these signs in a format called "JPEG" can be downloaded from this Web Site.
• Colours International orange is specified in the regulations for borders and slashes because it is more weather-resistant than fluorescent paint, which can deteriorate in less than three years.
• Materials In the experience of the Canadian Coast Guard, vinyl-coated aluminum is the best material for a durable sign. Another choice is pressure treated or marine plywood.
• Sign posts Posts can be of wood, cadmium, stainless or white-painted galvanized steel, or aluminum. You will want to ensure that the posts and signs are of complementary materials, as some combinations of metals lead to early corrosion.

3.9 Choose a sign-maker ^

To choose a sign maker, ask any local agency that regularly orders signs, such as the highway department, for the name of a reputable business or service. Any firm which makes road signs should be able to make signs for boating restrictions. But you will want to ensure that they can obtain international orange.

Another option is to contact a regional Coast Guard Office, as some regions have sign-making units experienced in printing Boating Restriction signs. They are permitted to produce signs for other governments on a cost-recovery basis.

3.10 Maintenance of Signs ^

The organization that obtained the boating restriction is responsible for all sign maintenance and sign replacement, including all costs.

With modern materials, it can be ten years or more before a sign shows obvious signs of deterioration. However, signs should be checked two or three times each season to ensure they have not been vandalized, obscured by plant growth or in any other way altered. Always check your signs after storms and heavy rains.
Any buoy used to display signs must be removed at the end of the season and stored until spring.

The Boating Restriction Regulations provide protection for the signs. It's an offence to place or remove a sign without proper authorization. It's also an offence to alter, conceal, damage or destroy an authorized sign or to use a sign or sign post as a mooring. Any one who fails to follow these regulations can be fined up to $500.

4.0 Specifications Guide for Ordering Signs ^

This section has two purposes. First, you can print this section, and then fill it out with the necessary information for your sign maker. Second, by clicking on the various small pictures (called thumbnails) shown below, you can download the graphics which you will need to give to your sign maker.

4.1 How to use this section ^

Sign makers appreciate receiving what they have to print as a series of black and white graphics (called colour separations), which they then combine and print in various colours to give you a complete sign. For this reason, the various signs have been divided into various graphic elements which each represent a different colour. In most cases, you will need to pick at least one thumbnail from each of four categories of graphic elements.

When you click on these thumbnails, the graphic will open in a second window, possibly hidden behind this one. These graphics will look huge, but they will print on a single piece of paper. I suggest that you print this new window, and also save it as a file. The easiest way to save the file is to click on the graphic and hold your Macintosh mouse until a menu pops up which gives you the alternative to save the file. In Windows, right click on the mouse for the same effect.

Name of applicant (Municipality or Town)

Street Address

City Province

Postal Code

Email

Telephone Fax

Name of waterbody

4.3 Federal identity flag (fip) ^

4.4 Limitations of restrictions ^

Chose one. Click on the appropriate thumbnails in the right-hand column to provide you with down-loadable artwork.

Limitations of restrictions

No time, or compass point limitation	Use rhomboid or circle.
Limited to times of the day	Use orange semi-circle on green box with shaded clock.
Limited to times of the week	Use orange semi-circle on green box with shaded days of the week
Limited to times of the year	Use orange semi-circle on green box with shaded monthly calendar.
Limited by compass points:	Use orange semi-circle on green box with shaded compass.

4.5 Number of restrictions ^

Click on the appropriate thumbnail in the right-hand column to provide you with down-loadable artwork

Number of restrictions

One restriction	Use rhomboid or circle.
Two restrictions in one area	Use rhomboids or circles in a cartouche.
Three or more restrictions in one area	Design your own elongated cartouche.

4.6 Type of restriction(s) ^

Choose one or more. Click on the appropriate thumbnail in the right-hand column to provide you with down-loadable artwork.

Type of restriction(s)

Speed control (5, 10, 25,40, 55, or 70 km/h)	Use numbers and "Max Km/h".
Parks and controlled access power limit	Use numbers and "Max kW".
Power driven vessels prohibited	Use propeller and slash.
Power driven vessels prohibited except electric	Use propeller with gas pump and slash.
Permit required to hold a regatta	Use "Regatta" or "Régate" and slash.
Water-skiing prohibited	Use "SKI" and slash.
All vessels prohibited	Use rhomboid.

4.7 Quantity ^

4.8 Size ^

Check as appropriate

4.9 Colours ^

Check as appropriate No Substitutions

4.10 Materials for signs ^

Check one

4.11 Sign posts ^

Check one

5.0 Example Scenario ^

5.1 Linden Lake SEE ATTACHED DOCUMENT ^

Linden Lake is approximately 1.5 kilometres long and a maximum of one kilometre wide, and its eastern half approximately 600 metres at its widest point. It is primarily surrounded by private property, except for a portion of the western shore that is part of a public park, and a public launch ramp at the end of Linden Lake Road, adjacent to the park.

The population in the area has grown in recent years, resulting in an increase in all aspects of waterway usage including swimming, canoeing, kayaking, fishing, waterskiing and wakeboarding. Many long-term residents around the lake expressed their concern and unhappiness with the increased use of the lake, particularly by power boaters “hot-dogging”, wake jumping, and buzzing close to other vessels and their docks.  Their concerns ranged from potential damage to docks from wakes, to fears of wakes overturning smaller non-powered craft, and even the disturbance of what was once a quiet restful place to live being affected by noise and what some residents described as “chaos on the water”.

During a Property Owners Association meeting a decision was made to approach the municipality to limit the number of powerboats to those owned by property owners or to ban them from the lake completely.

The municipality informed the property owners the responsibility for waterways rested with the federal government and they could do nothing to help.

The property owners association contacted the Office of Boating Safety (OBS) and expressed their concerns regarding the activities on Linden Lake, and requested a restriction or ban on powerboat use. The OBS provided background information on how the processed worked, and indicated that there may be non-regulatory options or other regulations already in place to improve the situation on Linden Lake.  The owners at this point said that they had taken a vote and 98% of the property owners felt that a restriction was the best way to address their concerns. The OBS advised that in order to help them resolve their concerns, proper consultation and an evaluation of the waterway concerns had to be conducted. Consultation and an opportunity to become involved in the process must include all users or those with an interest in the waterway and could not be limited to one specific group. The municipality or some other level of government also should be involved as the process develops.

After reading the Guide and doing some research, the property owners association approached the municipality for support in contacting stakeholders and assisting them in following the process in the Local Authorities Guide. The municipality agreed given the number of safety concerns raised by residents.

Their first step taken was to identify as many users of the waterway as possible and examine ways of contacting them. It was suggested a good way to start would be to post information signs at the boat launch, notices on the park bulletin board, police station, city hall, and a few businesses catering to waterway users as well as an ad in the local paper. This was done over a couple of months during the period of time that was identified as the peak use period for Linden Lake ensuring widespread notification.

The signs and notices essentially said that there were concerns regarding safety and the present use of Linden Lake, and that the property owners association were seeking a boating restriction or some other resolution to concerns they identified and anyone wishing to comment to contact the local municipality.

Within the first month there appeared to be quite a split in opinion on the future of Linden Lake with some people agreeing that there were problems while others felt that since there have been no accidents or injuries, there was no problem.

After discussing the issue further with OBS and receiving clarification regarding what was available to assist in resolving some of the issues, the municipality decided to hold a meeting to clarify the problems, and find some possible common ground or understanding. In the interest of fairness, an individual who had no strong feelings one way or the other was appointed as chair of the meeting. The municipality sent out notices of the meeting and representatives from both groups were in attendance.

Despite some individual opposing views, it was identified at the meeting by both groups that wakes from some vessels could cause problems for small craft, and high speed near shore around the swimming areas and possibly the docks along the shoreline was not a safe thing to do.  It was also discovered that the noise concerns were mainly from music on board a couple of unidentified vessels during one or two parties that were so loud shoreline residents couldn’t sleep. What was not readily identified was what has the community done to try and improve the situation other than some members seeking a ban or restriction?  What could they do?

This is the point where alternatives were identified and explored. Everyone knew by now that a boating restriction was an option but could not be considered as the only solution at this time, especially when a ban would be considered too heavy handed given the problems identified.

Several options were explored.  One option was a voluntary code of conduct amongst the power boaters who lived in the area to not travel at high speed near shore, or cause large wakes around the docks or smaller vessels.  Although it was agreed that this might work for most local users, it may not help in the case of transient vessels coming from other areas for a day then leaving.  It was noted that there were some existing regulations that if advertised, may increase safety and cooperation amongst users.  Under the Boating Restriction Regulations, all waterways in their province were subject to a 10-km/hr speed limit within 30 metres from shore. There were signage templates available through the OBS and the municipality could post a sign as a reminder to boaters. There was also a regulation against careless operation under the Small Vessel Regulations.  Careless operation may include but is not limited to - weaving through other vessels at high speed, jumping waves or wakes, operating an engine at peak RPM causing excessive noise, operating a vessel in circular or criss-cross patterns for extended periods of time in the same location, or causing an excessive wake. Signage templates were also available through the OBS or on their Web site.

Although engine noise (muffler requirements) are a federal responsibility, excessive noise from music on board vessels could be regulated by a local by-law if necessary and wake boarders and water-skiers agreed to set times of day they would operate and water-ski in the largest part of the lake in a counter-clock wise direction.  This would be advertised by a sign at the boat launch and be self-policing.

The end result was no restriction could be justified at this time, and most people were willing to give the options discussed a try to see if the majority of concerns were resolved.

6.0 Contact Information ^

6.1 Helpful Web sites ^

• Government of Canada Regulatory Policy and Other Documents
• The Office of Boating Safety
• Transport Canada

¹ Constitution Act, Section 91(10)

² Treasury Board Secretariat, Program Branch - Regulatory Affairs, Managing Regulation in Canada: Regulatory Reform and Regulatory Processes.  Minister of Supply and Services Canada, 1996.