New Environmental Science-based Regulations on Pleasure Craft

1. New Environmental Science-based Regulations on Pleasure Craft Preliminary Legislative Drafting Instructions to Update The Canada Shipping Act To reflect Modern Realities Draft: 11 09 17

2. Definitions • Environmental Tolerance of Waterways • Research on restrictions • Restrictions on Pleasure Craft • Definitions of Enforcement Officers • Other definitions

3. Definitions:Environmental Tolerance • Environmental tolerance defines restrictions based on research pertaining to: • The operation of certain types of pleasure craft • Certain types of marine environments, • If these scientifically based environmental restrictions are not adhered to, the pleasure craft can have exceptional harmful impacts on a water body, the greater marine environment in question and/or surrounding areas at-large

4. Definitions:Research on Restrictions • Research on restrictions refers to studies that have been undertaken, and will be performed on an ongoing basis, for the purposes of defining standards pertaining to regulation of the operation of specified types of pleasure crafts in specified types of water bodies and/or marine environments

5. Definitions:Restrictions on Pleasure Craft • Restrictions on pleasure craft use refers to the application of the results of research to bathymetric maps and other toolsor measurements for the purposes of establishing standards for the classification of an entire water body or sections of a water body, as appropriate, with respect to the type of pleasure craft/boating activity permitted

6. Definitions:Enforcement Officers • The term enforcement officer maintains the same definitions as those under the current Canada Shipping Act including: • A member of the Royal Canadian Mounted Police • A member of any harbour or river force police • A member of any provincial, county or municipal police force • Any person or member of a class of persons designated by the Minister

7. Objectives • To establish, consistent with scientific evidence, pleasure craft regulations related to the protection of marine environments including surrounding areas and watersheds • To not exceed the environmental tolerances of each water body • To establish clear regulations for all stakeholders while leaving some flexibility for water body-specific and community-specific considerations

8. Hybrid Solution: Part I • To assure equitable environmental solutions for all, the Government of Canada will define science-based national standards regarding the use of pleasure craft for all water bodies • National standards are the minimal regulations to assure that the environmental tolerances of all water bodies are respected in every community across Canada • Problematic pleasure craft and/or marine environments not covered in the first edition of this legislation will be the object for additional regulations, as per developments of new scientific evidence/research and new types of pleasure craft

9. Hybrid Solution: Part II • To assure flexibility to accommodate water body-specific and community-specific consideration • Municipal and/or other local governments will have the option of exceeding -- to be more stringent than -- the national standard should this be their preference • A municipal council resolution would be sufficient • Those that consider the national standards too stringent for their water body must undertake scientific research at their own expense to make the case • The research so performed would be presented to the Government of Canada for a final ruling and would conform to specified criteria

10. Consultation Process:Advice to the Minister • To establish a consultation process for writing standards • The initial set of standards will be the subject of a consultation period of a duration no longer than 6 months, before the Minister engages in final decisions • Following the aforementioned initial 6 months, a new consultative committee with external representation would be established to assure regulations are updated on an ongoing basis to reflect new research developments and new types of pleasure craft • The Minister would be advised accordingly • The new consultative committee could include representatives of communities, local governments, and national organizations such the Coalition for Responsible and Sustainable Navigation, regional organizations such as Ontario’s Safe Quiet Lakes, property owners associations, industrial organizations, and other stakeholders

11. Powers of the Minister • To give the Minister exclusive final decision-making powers on: • Defining water body standards, that is, appropriate restrictions on pleasure craft in keeping with science-based parameters associated with the environmental tolerances of water bodies and sections of water bodies • To allow the Minister to approve the authority of a local government in the event a municipal council wishes to exceed, or impose more stringent, standards set by the Government of Canada

12. Safety and Environmental Inspections:Pleasure Craft in Restrictions Zones • The Governor in Council authorizes marine safety and environmental inspectors to exercise any power or perform any duty or function of the Minister under this Act, including: • The identification of a pleasure craft in a water body, or zone of a water body, operating in a manner inconsistent with environmental tolerance restrictions for the pleasure craft in question, for the zone/water body concerned • The application of a fine for a contravention of pleasure craft environmental tolerance regulations based on filmed evidence • The application, administration and enforcement of these regulations/legislation are to be undertaken by anyone of the organizations included in the definitions of enforcement officers

13. Regulations of Pleasure Craft:Use and Training • The Governor in Council may, on the recommendation of the Minister, make regulations respecting: • The integration of pleasure craft environmental tolerance standards in the training courses for a motor boat operator’s permit • The diffusion of information on national environmental tolerance regulations as they apply to pleasure craft

14. Regulations of Pleasure Craft:Design and Structure • The Governor in Council may, on the recommendation of the Minister, make regulations respecting: • The design, construction and/or manufacture of pleasure craft or classes of pleasure craft for sale in Canada consistent with the minimization of environmental impacts, including • The prohibition of certain types of pleasure craft • Requirements that pleasure craft or classes of pleasure craft and their equipment and machinery must meet • Requirements to modify pleasure craft and/or owner use guidelines

15. Regulations of Pleasure Craft:Noise • The Governor in Council may, on the recommendation of the Minister, make regulations respecting: • Requirements regulating noise emissions from pleasure craft engines and related wave activity • Noise is both matter of decibels and the position of the speakers in the boats concerned

16. Regulations of Pleasure Craft:The Selling of Pleasure Craft • Every vendor (selling dealer or private individual) of new motor boats commits an offence if: • The pleasure craft vendor fails toprovide potential clients with an online guide on pleasure craft environmental tolerance restrictions associated with water bodies in Canada and for the water body or bodies of water that will be used by the purchaser

17. Marine Environment-specificRegulations • Shallow lakes • Salmon rivers • Other types of ecologically sensitive marine environments