Vessel Operation Restriction Regulations (SOR/2008-120)

10 No person shall

• (a) remove any authorized sign unless the authorization has been cancelled;

• (b) alter, conceal, damage or destroy any authorized sign; or

• (c) use any authorized sign or any support erected for it as a mooring.

Operation of a Vessel for Certain Purposes

• 10.1 (1) The Minister may, after considering the factors listed in subsection (1.1), issue a permit, for a period specified in the permit, that authorizes the person in whose name the permit is issued to operate a vessel in the waters referred to in any of subsections 2(1) to (5) and (7) in a manner that is contrary to those subsections for any of the following purposes:

  • (a) developing aquaculture;

  • (b) conducting scientific research;

  • (c) accessing a historical, cultural, ecological or geological site;

  • (d) educating the public on the marine environment;

  • (e) protecting the environment;

  • (f) supporting the construction and maintenance of infrastructure; and

  • (g) ensuring safety during activities and events other than those referred to in subsections 11(2) and (3).

• (1.1) The factors referred to in subsection (1) are the following:

  • (a) the protection of the public interest;

  • (b) the protection of the environment;

  • (c) the safe and efficient navigation of vessels;

  • (d) the type and size of the vessel to which the permit relates;

  • (e) the intended use of the vessel; and

  • (f) the characteristics of the body of water.

• (2) The Minister shall set out in the permit any conditions that are necessary 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.

• (3) The person in whose name the permit is issued shall comply with the conditions set out in the permit.

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

  • (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.

Special Events or Activities

• 11 (1) No person shall hold a sporting, recreational or public event or activity in waters other than those described in Schedule 8 in a manner or at a place that would interfere with the safe and efficient navigation of vessels.

• (2) No person shall hold a sporting, recreational or public event or activity in the waters described in Schedule 8 unless the person is authorized to do so by a permit issued under subsection 12(1).

• (3) No person shall hold, in the waters referred to in any of subsections 2(1) to (6) or described in subsection 2(7), a sporting, recreational or public event or activity during which vessels would be operated in a manner that is contrary to those subsections, unless the person is authorized to do so by a permit issued under subsection 12(1).

• 12 (1) The Minister may, after considering the factors listed in subsection (1.1), issue a permit that authorizes a person to hold, in the waters referred to in any of subsections 2(1) to (7) and 11(2), a sporting, recreational or public event or activity during which vessels will be operated in a manner that is contrary to those subsections.

• (1.1) The factors referred to in subsection (1) are the following:

  • (a) the protection of the public interest;

  • (b) the protection of the environment;

  • (c) the safe and efficient navigation of vessels;

  • (d) the type and size of the vessels to which the permit relates;

  • (e) the intended use of the vessels; and

  • (f) the characteristics of the body of water.

• (2) The Minister shall set out in the permit any conditions that are necessary 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.

• (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.

Anchorage in False Creek

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

• 14 (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.

Safe Operation

• 15 (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.

Enforcement

16 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.