Transport Canada has published a plan to speed up its Vessel Operation Restriction Regulations (VORR) process and is looking for public feedback. The government body has been working since 2016 to try and reduce the amount of red tape involved in applying for vessel operation restrictions.
As the main authority over navigation on Canadian waterways, Transport Canada uses VORR to promote safety, protect the environment, and look out for public interest. It includes actions such as setting speed limits on waterways, banning types of boats or engine power in certain areas, restricting the use of sporting equipment on certain waterways, such as wakeboarding, and prohibiting recreational events in specific areas, such as regattas.
But for a waterway to receive a vessel operation restriction, municipalities and local authorities must apply. In the past, municipalities have criticized Transport Canada for how long it takes to implement a new restriction. According to Transport Canada, it can take up to four years.
As part of its vessel operation restriction application, a municipality must identify the problem; show proof that it’s attempted an alternative solution, such as a boater awareness campaign; submit an environmental assessment; a cost-benefit analysis; and provide evidence of thorough consultation with stakeholders, such as waterfront property owners, local Indigenous groups, store owners, etc. Transport Canada estimates that this process takes municipalities two years. Then, under the current regulations, a vessel operation restriction application must receive Governor in Council approval—meaning it’s signed off by Canada’s Governor General—which can take a further two years. In the case of a shoreline being eroded, a threatened species being endangered, or the safety of swimmers, the restriction may come too late.
To solve this, Transport Canada is proposing some changes to the way it manages VORR. After consulting with stakeholders in 2023, including lake and boating associations, environmental groups, neighbouring communities, tourism promoters, and law enforcement agencies, Transport Canada received royal assent to shift more authority to the Minister of Transport, a position currently held by Anita Anand.
Under Transport Canada’s proposed plan, the Minister of Transport would now be responsible for approving vessel operation restriction applications. They would incorporate new restrictions to the VORR through reference rather than having to get it approved by the Governor in Council.
Through ministerial orders, the minister would also be able to create new restrictions that addressed time-sensitive issues, such as a new boating technology. This restriction would be valid for two years, but would need to get approval from the Governor in Council to be added to the VORR.
The minister would also be empowered to appoint local enforcement officers to uphold the restrictions. Previously, the Governor in Council approved enforcement officers, a process that took two years. Under the new process, Transport Canada says it should take less than a month.
Transport Canada is also revising its Local Authorities’ Guide, a resource for municipalities applying for a vessel operation restriction. The revised guide should make the application process clearer. Currently, Transport Canada says that one of the biggest delays in the VORR process is municipalities not correctly completing the application. This causes a lot of time-draining back-and-forth between municipalities and officials. The guide would be accompanied by an application template to try and streamline the process.
Addressing concerns raised during the 2023 consultation, Transport Canada says that it will be stressing the need for municipalities to consult with the public before applying. There was concern among stakeholders that in some cases special interest groups swayed municipalities to apply even though it wasn’t in the best interest of the broader public.
Stakeholders also raised concerns that some municipalities didn’t have the resources to finance an application or uphold a restriction. Transport Canada suggested these municipalities pair with other local authorities to split the cost and workload. It is the municipality’s responsibility to inform the public of the new restriction; create, install, and maintain signage; and ensure enforcement resources are in place.
As part of the proposed plan, municipalities would apply to their local Office of Boating Safety. Those officials would have 30 days after an application is submitted to analyze the request—all applications are due on September 15. If the application was complete and seemed warranted, officials would pass it on to the Minister of Transport for approval. The VORR would then be amended within 15 days of the minister’s approval.
According to Transport Canada, it receives approximately three vessel operation restriction applications per year.
Members of the public can provide feedback on Transport Canada’s proposed plan until November 28.
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