2025-Feb-07
Changes to VORR Process Published in Canada Gazette 1
The public comment period for the proposed changes to the Vessel Operation Restriction Regulations (VORR) in Canada has officially closed with the publication of the regulations in Gazette 1. According to the regulatory timeline, the proposed changes will be published in Gazette 2 in approximately 6 to 9 months, at which point they will become law.
Here’s a breakdown of the background, key issues, objectives, and descriptions of the proposed changes:
Background:
- The VORR regulates boating activities and navigation.
- Local authorities can apply for restrictions, but the process is lengthy and complex.
- Previous modernization efforts (Phases 1 & 2) addressed some issues but further streamlining was needed.
- Recent legislative changes to the Canada Shipping Act, 2001 (CSA 2001) provided new tools, including ministerial orders and incorporation by reference, to expedite the process.
Key Issues:
- Process was lengthy: implementing vessel operation restrictions can take up to four years due to application preparation, alternative measures testing, and regulatory approvals.
- Application inconsistencies: inconsistent applications from local authorities led to delays.
- Local Authority Requests: local authorities want more control over implementing restrictions on their waterways.
- Enforcement Officer Designation Delays: designating enforcement officers can take two years, hindering enforcement of existing restrictions.
- Wording Confusion: ambiguous wording in the VORR regarding engine power restrictions created confusion.
Objectives:
- Reduce Implementation Time: significantly shorten the time required to implement vessel operation restrictions.
- Improve Application Process: streamline the application process for local authorities.
- Enhance Enforcement: expedite the designation of enforcement officers.
- Clarify Wording: eliminate ambiguities in the VORR to avoid misinterpretations.
Proposed Changes (Phase 3 of Modernization):
- Incorporation by Reference: the eight VORR schedules listing local restrictions will be moved to a Transport Publication (TP 15587E) and incorporated by reference. This allows the Minister of Transport to update the schedules (add new restrictions) without full regulatory amendments, significantly speeding up the process.
- Guide and Template: the Local Authorities’ Guide will be revised and an application template created to clarify the application process and ensure consistency. This is meant to clarify existing requirements, not add new ones.
- Designation Authority: Section 16 of the VORR (dealing with enforcement officer designations) will be repealed. Future designations will be handled under section 135 of the CSA 2001, allowing for faster designations by the Minister of Transport.
- Administrative Corrections: Subsections 2(3) and 2(4) of the VORR will be amended to clarify the restrictions on engine power and electrical propulsion, addressing the confusion about 7.5kW limits. Section 4 will be revised to clarify the application requirements and make explicit the Minister’s authority to specify the form and manner of applications (through the Guide), and to remove outdated references to provincial authorities.
The proposed changes aim to make it faster and easier for local authorities to implement vessel operation restrictions, improve clarity in the regulations, and streamline enforcement. The key mechanism for speeding up the process is the incorporation by reference of the restriction schedules, allowing for ministerial updates rather than full regulatory amendments.
See the full changes here.
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