2024-Sep-26
Proposed Changes to the VORR Pre-published in the Canada Gazette, Part I
Transport Canada has taken the next step in modernizing the Vessel Operation Restriction Regulations (VORR). Following a public consultation in Fall 2023 and the release of their What We Heard report in July 2024, proposed changes to the VORR have been pre-published in the Canada Gazette, Part I, on September 14, 2024. This is the last opportunity to comment before the proposed changes become law when published in Canada Gazette, Part ll. The comment period is open until November 28, 2024.
- VORR modernization
- the overall objective of the proposed Regulations and accompanying program changes is to reduce the time required to implement vessel operation restrictions on local waterways.
- Incorporation by reference
- the objective of incorporating by reference the schedules of the VORR is to facilitate the timely implementation of new restrictions on local waterways.
- Designation authority
- the objective of repealing section 16 of the VORR and relying instead on section 135 of the CSA 2001 to designate enforcement officers going forward is to support the timely and efficient administration and enforcement of vessel operation restrictions on local waterways.
- Administrative corrections
- the objective of the amendments to subsections 2(3) and 2(4) is to ensure clarity and certainty about these restrictions for local authorities, waterway users and enforcement officers, avoiding potential misinterpretations of the rules in place, which in turn could lead to cases of non-compliance.
- the objective of revising section 4 of the VORR is to clarify the existing process that must be followed by local authorities to apply for a vessel operation restriction on their waterways. The proposed Regulations would also provide greater certainty about existing authorities, which allow the Minister of Transport to specify the form and manner in which applications are to be submitted, details which are clearly outlined within the existing Guide. This approach would allow for a consistent, easily understood process for preparing and submitting vessel operation restriction applications.
Detailed Description of the Proposed Changes
VORR modernization
The proposed regulations would repeal the eight schedules to the VORR, which set out applicable vessel operation restrictions on local water bodies. The schedules would be moved into TC’s TP 15587E, which would be incorporated by reference on an ambulatory basis in the VORR. This ambulatory incorporation by reference of the schedules would allow the Minister of Transport to update the schedules to the VORR, e.g. by adding new vessel operation restrictions at the request of local authorities, without having to go through the regulatory amendment process. This approach would facilitate the timely enactment and implementation of new restrictions on local water bodies in response to new and emerging safety and environmental issues brought forward by local authorities.
As is currently done, local authorities would continue to follow the same process as for new restriction applications when applying to TC for any amendments to current restrictions in the schedules. As is currently done, TC would continue to work with local authorities leading up to the implementation of new restrictions to ensure that roles and responsibilities are understood, signage is in place (as needed), and that local residents and businesses are notified about the implementation of the new or amended restrictions on their local waterways when they come into force.
In addition, while not a regulatory amendment, the Local Authorities Guide, which is the main source of information used by local authorities to prepare applications for vessel operation restrictions, would be revised to ensure it elaborates on and clarifies the essential elements and steps of the application process, which would represent the form and manner specified by the Minister of Transport.
While the revisions to the Guide would contribute to the preparation of comprehensive applications in collaboration with local stakeholders, it is important to note that the proposed Regulations would not have any direct effect on new vessel operation restrictions proposed by local authorities. As is currently done, TC officials would continue to undertake thorough reviews of the vessel operation restriction applications submitted by local authorities. The proposed Regulations would maintain in the amended section 4 the language underscoring the need for consulting local stakeholders and clarify that applications need to be submitted in the form and manner specified by the Minister of Transport, as has always been the case.
Designation authority
TC has made a policy decision to stop using section 16 of the VORR for designations and move existing ones under the CSA 2001 authority. Moving forward, TC intends to use section 135 of the CSA 2001 as the mechanism to designate all enforcement officers authorized to ensure compliance of the VORR. A list of all designations would be posted on TC’s Office of Boating Safety web page. This would render section 16 of the VORR obsolete. For this reason, and to eliminate confusion, the proposed Regulations would repeal section 16 of the VORR, which contains a list of current designations. These designations would all be redone pursuant to the new authority in section 135 of the CSA 2001, and new designation certificates would be issued to local authorities. This change would have no practical effect for local authorities that are currently designated (i.e. their designations would remain in effect); however, the new approach would allow for all future designations to be done in a shorter time frame (less than a month) than introducing designations via regulatory amendments that require Governor in Council approval (which can take an average of two years to complete).
Find out how to make comments on these proposed changes here.