Vessel Operation Restriction Regulations (SOR/2008-120)

Regulations are current to 2012-05-14 and last amended on 2010-10-21. Previous Versions

Vessel Operation Restriction Regulations

SOR/2008-120

CANADA SHIPPING ACT, 2001

Registration 2008-04-17

Vessel Operation Restriction Regulations

P.C. 2008-774 2008-04-17

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to sections 136Footnote a and 207 of the Canada Shipping Act, 2001Footnote b, hereby makes the annexed Vessel Operation Restriction Regulations.

INTERPRETATION

 The following definitions apply in these Regulations.

“electrical propulsion”

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

“engine power”

“engine power” means the engine power, in kilowatts, calculated in accordance with International Standard ISO 8665, Small Craft — Marine Propulsion Engines and Systems — Power Measurements and Declarations, second edition, August 1, 1994. (puissance motrice)

“local authority”

“local authority” means a government of a municipality, township, parish, county or regional district, any other government constituted under the laws of a province or territory, or a department of a provincial or territorial government or of the federal government. (administration locale)

“Minister”

“Minister” means the Minister of Transport. (ministre)

“personal watercraft”

“personal watercraft” means a water-jet driven vessel with an enclosed hull and no cockpit that is designed to be used by one or more persons who are straddling, sitting, standing or kneeling. (motomarine)

“power-driven”

“power-driven” means a mode of propulsion provided by a main propelling machinery that is an internal combustion engine or a steam engine. (propulsion mécanique)

“provincial authority”

“provincial authority” means a department of the government of a province designated by that government to process requests to impose restrictions on the operation of vessels in respect of waters within that province. (autorité provinciale)

“rivers and lakes”

“rivers and lakes” includes all those waters of any river upstream of a line between the most seaward extremities of the shore of the river at high tide but does not include the waters of the St. Lawrence River east of 70°53′ W longitude. (fleuves, rivières et lacs)

RESTRICTIONS

Operation of Vessels

  •  (1) No person shall operate a vessel in any of the waters described in Schedule 1, except as indicated in that Schedule.

  • (2) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in any of the waters described in Schedule 2, except as indicated in that Schedule.

  • (3) No person shall operate a power-driven vessel in any of the waters described in Schedule 3, except as indicated in that Schedule.

  • (4) 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 4 of Schedule 4 in waters in public parks and controlled access bodies of water described in columns 1 to 3 of that Schedule.

  • (5) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in the waters described in columns 1 to 3 of Schedule 5 or 6 in excess of the maximum speed set out in column 4 of that Schedule, except as indicated in that Schedule.

  • (6) No person shall operate a power-driven vessel or a vessel driven by electrical propulsion in the waters described in Schedule 7 for the purpose of towing a person on water skis or on any other sporting or recreational equipment, or for the purpose of allowing a person to wake surf, except during the permitted hours set out in that Schedule.

  • (7) No person shall operate a power-driven vessel at a speed in excess of 10 km/h within 30 m of the shore in the following waters:

    • (a) the waters of Ontario, Manitoba, Saskatchewan and Alberta;

    • (b) the rivers and lakes in British Columbia;

    • (c) Nitinat River and Nitinat Lake, upstream of Nitinat Bar, in British Columbia;

    • (d) the rivers and lakes in Nova Scotia; and

    • (e) Bras d’Or Lake in Nova Scotia, inland of a line drawn between Coffin Point and Red Head in Great Bras d’Or Channel and the inland end of St. Peters Canal.

  • (8) Subsection (7) does not apply

    • (a) in respect of a vessel that is operated for the purpose of towing a person on water skis or on any other sporting or recreational equipment, if the vessel follows a course away from and perpendicular to the shore; and

    • (b) in respect of a power-driven vessel that is operated

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

      • (ii) in any waters referred to in Schedule 5 or 6 in respect of which a maximum speed is set out.

  • (9) Subsections (5) and (7) do not apply to a vessel that is required to comply with another speed limit established under the Canada Shipping Act, 2001 or the Canada Marine Act.

  • SOR/2010-34, s. 1.