Bill S-8
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S-8
Third Session, Thirty-seventh Parliament,
52 Elizabeth II, 2004
SENATE OF CANADA
BILL S-8
An Act concerning personal watercraft in navigable waters
first reading, February 5, 2004
The Honourable Senator Spivak
0317
Summary
This enactment requires the Minister of Fisheries and Oceans to make regulations forbidding or restricting the use of personal watercraft.
A local authority may, after general consultation within the community, including consultation with local residents and with law enforcement agencies, adopt a resolution proposing to the Minister that the use of personal watercraft be forbidden on designated waterways or that some or all of the restrictions established by the regulations apply to designated waterways. These may be all or specified parts of navigable waterways in the local authority’s area. The Minister may refuse to act on a proposal that would impede navigation.
On receiving the resolution and information regarding the consultation that took place, the Minister publishes notice of the proposed application of the regulations in the Canada Gazette. Changes may not be made effective until 90 days after the publication date and the Minister must give all interested parties an opportunity to make representations on the proposal during the 90 day period.
The restrictions are then made applicable to the designated waterways by the Minister adding them by order to the appropriate schedule. Schedule I of the regulations will list those waterways in which personal watercraft are forbidden. Schedule II of the regulations will list those waterways where their use is subject to restrictions.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
http://www.parl.gc.ca
3rd Session, 37th Parliament,
52 Elizabeth II, 2004
senate of canada
BILL S-8
An Act concerning personal watercraft in navigable waters
Preamble
WHEREAS the Parliament of Canada recognizes that the safe and appropriate use of waterways is a matter of national importance;
AND WHEREAS Parliament also recognizes that personal watercraft have given rise to considerable public concern because of the particular safety and environmental problems associated with their use;
AND WHEREAS many communities consider that the Boating Restriction Regulations made under the Canada Shipping Act provide insufficient regulation of personal watercraft;
AND WHEREAS further restrictions on their use are desirable;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and the House of Commons of Canada, enacts as follows:
Short title
1. This Act may be cited as the Personal Watercraft Act.
Definitions
2. The definitions in this section apply in this Act.
“designated waterway”
« voie navigable désignée »
« voie navigable désignée »
“designated waterway” means a navigable waterway or portion thereof, over which Parliament has jurisdiction, that is, or is proposed to be, added to or removed from a schedule to the regulations.
“local authority”
« autorité locale »
« autorité locale »
“local authority” means
(a) an incorporated city, metropolitan authority, town, village, township, district, county, rural municipality or other incorporated municipal body however designated, or
(b) a body, such as a cottage association, park authority, port or harbour authority, that the Minister determines to be a local authority for the purposes of this Act.
“Minister”
« ministre »
« ministre »
“Minister” means the Minister of Fisheries and Oceans.
“personal watercraft”
« motomarine »
« motomarine »
“personal watercraft” means an enclosed-hull, water-jet-driven pleasure craft with no cockpit, that is designed to be used by one or more persons while straddling, sitting, standing or kneeling.
“prescribed”
Version anglaise seulement
Version anglaise seulement
“prescribed” means prescribed by the regulations.
“Schedule I”
« annexe I »
« annexe I »
“Schedule I” means Schedule I to the regulations.
“Schedule II”
« annexe II »
« annexe II »
“Schedule II” means Schedule II to the regulations.
Purpose
3. The purpose of this Act is to provide a method for a local authority to propose to the Minister that restrictions be applied respecting the use of personal watercraft on all or a portion of a navigable waterway over which Parliament has jurisdiction, in order to ensure the waterway’s safe use and peaceful enjoyment and the protection of the environment.
Resolution by local authority
4. (1) A local authority may, after general consultation within the community, including consultation with local residents and law enforcement agencies, adopt a resolution proposing to the Minister that, for health, safety or environmental reasons,
(a) a designated waterway be added to Schedule I;
(b) a designated waterway be added to Schedule II, and specifying those prescribed restrictions that the local authority proposes be made applicable to that waterway including, but without limiting the generality of the foregoing, prescribed restrictions related to speed limits, prohibitions against hours of operation and limits respecting approaching the shoreline;
(c) prescribed restrictions be added to or removed from those listed in Schedule II as applicable to a designated waterway; or
(d) a designated waterway be removed from Schedule I or Schedule II.
Waterway shoreline within jurisdiction
(2) A local authority may name in a resolution only a designated waterway whose shoreline is within the jurisdiction or area of the local authority.
Notice to Minister
(3) After a resolution under subsection (1) has been adopted, the local authority shall send to the Minister:
(a) a certified copy of the resolution; and
(b) a description of the consultation that was undertaken.
Amending or withdrawing a resolution
(4) Until an order is made under subsection 7(1), a local authority may accommodate representations made to the Minister under subsection 5(3) by passing a further resolution that amends or withdraws the resolution sent to the Minister under subsection (3) and sending a certified copy of the further resolution to the Minister.
Publication of proposed changes
5. (1) Subject to section 6, the Minister shall, within 60 days after receiving the information referred to in subsection 4(3), cause to be published in the Canada Gazette a notice of the proposed addition of a designated waterway to or removal of a designated waterway from a schedule to the regulations, or the proposed addition or removal of prescribed restrictions applicable to a designated waterway.
Contents of notice
(2) The Minister shall include in the notice mentioned in subsection (1) the name of the waterway, the changes proposed and the date on which the proposed changes are to be made effective.
Opportunity to make representations
(3) The Minister shall afford a reasonable opportunity for interested persons to make representations to the Minister with respect to the proposal within the 90 days following publication, and shall include in the notice information on how and when such representations may be made.
Navigation impeded
6. If, in the opinion of the Minister, the navigation of any navigable water over which Parliament has jurisdiction would be obstructed, impeded or rendered more difficult or dangerous by reason of adding to or removing from a schedule a designated waterway, or by reason of the addition or removal of any prescribed restriction on the use of personal watercraft in waterways listed in Schedule II, the Minister may refuse to publish the proposed changes or amend the schedules.
Ministerial orders
7. (1) Subject to subsections (2) and 4(4), and to section 6, following the expiry of the 90 days after publication referred to in subsection 5(1), the Minister shall, by order
(a) add the designated waterway to Schedule I;
(b) add the designated waterway to Schedule II and specify the prescribed restrictions that are applicable to that waterway;
(c) add or remove prescribed restrictions applicable to a designated waterway listed in Schedule II; or
(d) remove the designated waterway from Schedule I or Schedule II.
Not effective until 90 days after publication
(2) No addition, removal or specification referred to in subsection (1) shall be effective until 90 days after notice of it has been published in accordance with section 5.
Ministerial record
8. The Minister shall keep a record of all resolutions received pursuant to subsections 4(3) and (4) and a description of the manner in which they were disposed of, including the reason for refusal in cases where the Minister refuses to make the proposed changes to a schedule.
Prohibition – Schedule I waterways
9. (1) No person shall operate a personal watercraft in a waterway listed in Schedule I.
Prohibition – Schedule II waterways
(2) No person shall operate a personal watercraft in a waterway listed in Schedule II unless the person complies with the prescribed restrictions applicable to the waterway.
Offence and penalty
(3) Every person who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.
Regulations
10. The Minister shall make regulations
(a) establishing a Schedule I listing waterways on which the use of personal watercraft is forbidden;
(b) establishing a Schedule II listing waterways on which the use of personal watercraft is subject to prescribed restrictions and specifying the prescribed restrictions applicable to each waterway;
(c) prescribing restrictions on the use of personal watercraft that may be made applicable to the waterways listed in Schedule II, including, but without limiting the generality of the foregoing, speed limits, prohibitions against hours of operation and limits respecting approaching the shoreline;
(d) exempting from the regulations those law enforcement officers, environment or wildlife officers, persons providing for safety in connection with an activity on the water and other persons acting in the public interest, who, in the opinion of the Minister should be exempted; and
(e) generally, for carrying out the purposes and provisions of this Act.
Report to Parliament
11. The Minister shall in respect of each year prepare a report with respect to the changes made in the schedules of the regulations in accordance with this Act during the year and shall cause a copy of it to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister completes it.
Published under authority of the Senate of Canada