Bill S-12

1st Session, 38th Parliament,

53 Elizabeth II, 2004

senate of canada

BILL S-12

An Act concerning personal watercraft in navigable waters

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:

1. This Act may be cited as the Personal Watercraft Act.

2. The definitions in this section apply in this Act.

“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” 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” means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of this Act.

“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” means prescribed by the regulations.

“Schedule I” means Schedule I to the regulations.

“Schedule II” means Schedule II to the regulations.

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.

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.

(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.

(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.

(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.

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.

(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.

(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.

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.

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.

(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.

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.

9. (1) No person shall operate a personal watercraft in a waterway listed in Schedule I.

(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.

(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.

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.

11. The Minister shall in respect of each year prepare a report with respect to the changes made in the schedules to 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.