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Vessel Operation Restriction Regulations (SOR/2008-120)

Regulations are current to 2020-07-28 and last amended on 2018-10-10. Previous Versions

Restrictions (continued)

Special Events or Activities (continued)

  •  (1) The Minister shall issue a permit that authorizes a person to hold, in the waters referred to in any of subsections 2(1) to (6) and 11(2) or described in subsection 2(7), a sporting, recreational or public event or activity during which vessels will be operated in a manner that is contrary to those subsections, if the Minister is able to set out conditions in the permit to protect the public interest and the environment and to minimize risk to the safety of persons and interference with the safe and efficient navigation of vessels.

  • (2) [Repealed, SOR/2010-34, s. 7]

  • (3) The person in whose name a permit to hold a sporting, recreational or public event or activity is issued and all persons taking part in the event or activity shall comply with the conditions set out in the permit.

  • (4) The Minister shall cancel the permit in either of the following circumstances:

    • (a) the permit holder has knowingly provided false or misleading information to obtain the permit; or

    • (b) the permit holder does not comply with the conditions set out in the permit and the non-compliance interferes with the navigation of vessels or endangers the safety of persons or the environment.

  • (5) If the permit is cancelled, the Minister shall give notice of the cancellation to the person in whose name the permit was issued.

  • SOR/2010-34, s. 7
  • SOR/2014-210, s. 5
  • SOR/2017-124, s. 3(F)
  • SOR/2018-204, s. 3

Anchorage in False Creek

 In section 14, anchor includes securing a vessel to a mooring buoy or attaching it to another vessel that is anchored.

  •  (1) No person shall, unless the person holds a permit issued by the Minister, anchor a vessel within the waters of False Creek in the City of Vancouver that are east of a line drawn 45° true from Kitsilano Point to the north shore of False Creek

    • (a) for a cumulative period of more than eight hours between 9:00 a.m. and 11:00 p.m.; or

    • (b) any time after 11:00 p.m. of one day and before 9:00 a.m. of the following day.

  • (2) The Minister shall issue a permit for a maximum period set out in subsection (3) or (4) if

    • (a) the owner or operator of a vessel submits to the Minister a signed application providing the following information:

      • (i) the number of days that the vessel would be anchored,

      • (ii) the name and permanent address of the applicant,

      • (iii) the telephone number or the place where the applicant may be contacted during the period of the permit, and

      • (iv) the vessel’s identification;

    • (b) the vessel owner or operator ensures that the vessel is seaworthy; and

    • (c) there is space available to anchor the vessel.

  • (3) A permit is valid for a maximum period of

    • (a) 14 days for a permit issued during the summer, being the period beginning on April 1 and ending on September 30; and

    • (b) 21 days for a permit issued during the winter, being the period beginning on October 1 and ending on March 31.

  • (4) The owner or operator of a vessel may apply for a permit to anchor the vessel for a maximum period, calculated as follows:

    • (a) for permits issued during the summer, 14 days less the number of full or partial days that the vessel was anchored during the 30 days before the day of the application; and

    • (b) for permits issued during the winter, 21 days less the number of full or partial days that the vessel was anchored during the 40 days before the day of the application.

  • (5) This section does not apply to the following persons acting within the scope of their duties:

    • (a) an enforcement officer; or

    • (b) an employee or agent or mandatary of Her Majesty in right of Canada or a province, or of a county, municipality or regional district.

  • SOR/2010-34, s. 8(F)
  • SOR/2015-123, s. 4
  • SOR/2017-124, s. 4
  • SOR/2018-204, s. 4

Safe Operation

[SOR/2008-120, err., Vol. 142, No. 10]
  •  (1) A person who operates a vessel shall

    • (a) take into account any circumstances that could pose a danger to the vessel or to other vessels; and

    • (b) avoid endangering the safety of persons involved in any activity in any waters.

  • (2) A person who operates a vessel during a sporting, recreational or public event or activity for which a permit has been issued shall do so in a manner that does not interfere with the event or activity.

  • SOR/2015-161, s. 56
  • SOR/2017-124, s. 5

Enforcement

 For the purpose of ensuring compliance with sections 2 to 15, the persons or classes of persons set out in the table to this section are appointed or specified as enforcement officers.

TABLE

Column 1Column 2
ItemPersons or classes of personsGeographic location
1A member of the Royal Canadian Mounted PoliceAcross Canada
2A member of any harbour or river police forceAcross Canada
3A member of any provincial, county or municipal police forceAcross Canada
4A marine safety inspectorAcross Canada
5A pleasure craft safety inspectorAcross Canada
6A person employed as park warden by Parks Canada and appointed under the Canada National Parks ActAcross Canada
7A person employed as marine conservation area warden by Parks Canada and appointed under the Canada National Marine Conservation Areas ActAcross Canada
8A person employed as conservation officer by the National Capital CommissionNational Capital Region
9A person employed as fishery officer by the Department of Fisheries and Oceans in British Columbia and YukonBritish Columbia, Yukon and their adjacent waters
10A member of the British Columbia Conservation Officer Service appointed under the British Columbia Environmental Management Act, S.B.C. 2003, c. 53British Columbia
11A conservation officer appointed under the Alberta Government Organization Act, R.S.A. 2000, c. G-10Alberta
12A forest officer appointed under the Alberta Forests Act, R.S.A. 2000, c. F-22Alberta
13A wildlife officer appointed under the Alberta Wildlife Act, R.S.A. 2000, c. W-10Alberta
14A bylaw enforcement officer employed by the Town of Chestermere, in AlbertaAlberta
15A community peace officer — Level 1, employed by the Alberta Special Areas Board and appointed under the Alberta Peace Officer Act, S.A. 2006, c. P-3.5Alberta
16A special constable employed by the Wascana Centre Authority and appointed under Saskatchewan’s The Provincial Capital Commission Act, S.S. 2017, c. P-30.011Saskatchewan
17A person employed as conservation officer by the Saskatchewan Department of Environment and appointed as special constable under the Saskatchewan The Police Act, 1990, S.S. 1990-91, c. P-15.01Saskatchewan
18A special constable or municipal inspector for the following entities in Quebec: Municipality of Austin, Municipality of Ayer’s Cliff, Potton Township, Stanstead Township, Hatley Township, Municipality of Hatley, City of Magog, Regional County Municipality of Memphrémagog, Municipality of the Village of North Hatley, Municipality of Ogden, Municipality of Sainte-Catherine-de-Hatley, Municipality of Adstock, Municipality of Lambton, Municipality of Saint-Romain, Municipality of Saint-Joseph-de-Coleraine, Municipality of Sainte-Praxède, Municipality of Stornoway, City of Lac-Brome, Municipality of Saint-Ferdinand, Municipality of Saint-Adolphe-d’Howard, City of Estérel, City of Sainte-Agathe-des-Monts, Township Municipality of Orford and Municipality of Saint-HippolyteQuebec
19A person employed as conservation officer by the Nova Scotia Department of Natural ResourcesNova Scotia
20A peace officer or special constable appointed under the Nova Scotia Police Act, S.N.S. 2004, c. 31, who operates in the Halifax Regional Municipality in Nova ScotiaHalifax Regional Municipality
21A park ranger appointed under the British Columbia Park Act, R.S.B.C. 1996, c. 344British Columbia
22A First Nations Constable appointed under the Ontario Police Services Act, R.S.O. 1990, c. P.15Ontario
23A peace officer appointed under section 7 of the Alberta Peace Officer Act, S.A. 2006, c. P-3.5, and employed by Leduc County or Parkland County, AlbertaAlberta
24A firefighter employed by the Calgary Fire Department, Calgary, AlbertaAlberta
25A community peace officer appointed under section 7 of the Alberta Peace Officer Act, S.A. 2006, c. P-3.5 and employed by the County of NewellAlberta
26A community peace officer appointed under section 7 of the Alberta Peace Officer Act, S.A. 2006, c. P-3.5 and employed by the Summer Village of Silver Beach, Pigeon Lake Protective ServicesAlberta
  • SOR/2009-213, s. 1
  • SOR/2010-34, s. 9
  • SOR/2010-226, s. 1
  • SOR/2014-210, s. 6
  • SOR/2015-123, s. 5
  • SOR/2017-124, s. 6
  • SOR/2018-204, s. 5
 
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