2022-Jun-16
What You Need to Know About VORRs
What the heck are VORRs?
VORRS are Vessel Operation Restriction Regulations.
A Bit of Background…
The federal government has exclusive legislative authority over navigation in all Canadian waters.
The Canada Shipping Act (CSA) 2001 governs shipping and navigation in Canadian waters. Part 10 of the Act is specific to pleasure craft. The Minister of Transport is responsible for the administration of this Act.
More details…
One of the regulations under the CSA 2001 that affect pleasure craft is the Vessel Operation Restriction Regulations (VORR’s).
VORR’s allow any level of government (federal, provincial, municipal or territorial etc.) to ask the federal government to restrict the use of commercial or recreational vessels on any Canadian waters to promote safety, protect the environment or look out for the public interest. Such restrictions may:
- prohibit all boats
- limit engine power or type of propulsion
- impose speed limits
- restrict towing on any sporting or recreational equipment including wake surfing
- prohibit a sporting, recreational or public event or activity
Restrictions can apply at all times or be specific to certain times of the day, week, month or year. They can also target a particular type or types of craft on a waterway or part of it.
But note:
VORRS are the last resort for solving problems. It is Transport Canada’s view that stakeholders working together can often find more timely, effective, and affordable solutions.
Why are we talking about this now?
COVID has brought with it an explosion in interest in boating and being on the water, which is ongoing. As the traffic has increased so have the number of issues and complaints. The VORR is one possibility for addressing some of these concerns.
In the fall of 2017 Transport Canada began consultations for a Regulatory Modernization Initiative for VORRs. This review was a ministerial directive. The department is aware that there have been frustrations with the process and are undertaking consultations to reduce the complexity of the process and improve the response time. It has also become apparent that many municipalities are not fulfilling their responsibilities in administering their VORRs, usually because they are not fully aware of those responsibilities. For instance, the Office of Boating Safety (OBS) will inform them that they are responsible for signage, but sometimes they don’t do anything about it. In 2018 Transport Canada OBS sent a letter to every single municipality that has VORRs in their jurisdiction with a listing of their VORRs and a reminder to install proper signage.
The process…
The process of applying for a VORR may take over a year. The complete file should first be submitted for vetting by the regional OBS by August 1 in any year, so that, if there is information missing, there is time to get it resolved before the final deadline, which is September 15th for presentation to TC for approval. Often the full process can take up to two years. Transport Canada has created the Local Authorities’ Guide (LAG) to fully describe the process of applying for a VORR.
Use the LAG when applying for a vessel restriction. It will help your municipality meet all the requirements associated with the application.
For example, you must:
- Clearly explain the problem and contributing causes.
- Identify and describe all alternative options you have considered and tried.
- Document and summarize your public consultations. Your application may trigger a duty to consult with Indigenous peoples as well. The regional OBS office can help with this determination.
- Document and summarize impact assessments and cost-benefit analyses of regulatory intervention.
- Accurately identify and describe the body of water you want regulated under VORR.
- Identify and describe ways to achieve compliance with the new vessel operation restriction.
- Describe how you will raise awareness about the VORR among water users (including your communication and signage strategies).
- Describe how you will evaluate the effectiveness of the vessel operation restriction.
- Provide concise and accurate information, in a ready state for review and processing.
For a more fulsome description of the application process and a real-life example of the process check out the Local Authorities’ Guide here.
In conclusion
There are many reasons that a community may consider applying for a VORR: concern over recreational boating behaviour and the effects on general safety and protection of the environment for example, but remember that Transport Canada looks at VORRs as a last resort and they are not easy to get.
TC suggests you explore alternatives first:
- Consultations
Two key components of resolving waterway concerns and conflicts are to identify the problem clearly and hold proper consultations. Main elements of the consultation process are trying and evaluating different alternatives. Many alternatives can achieve the same result as a vessel restriction without going through the time-consuming and sometimes costly regulatory process.
- Non-Regulatory Alternatives
Some can be as simple as users agreeing to respect each other’s rights and operate in a courteous and considerate manner, or to follow a voluntary code of conduct. Other alternatives may be:
-
- Posters at strategic places
- Radio ads
- Public awareness activities
Posting signs is one of the most common forms of a non-regulatory option. A few examples of signs that can improve behaviour and increase awareness of the need for increased safety levels on a waterway are:
-
Narrow Channel Ahead – Please Reduce Speed- Caution – Swimming Area
- Please Reduce Your Wake
- Hazards Near Shore
Even though these signs are generally effective, federal regulations forbid making them look like official Transport Canada restriction signs.
- Buoys
If you want to use buoys, refer to the Private Buoy Regulations to learn more about standards that apply. Make sure that any signboards you install on the shore comply with the regulations that may apply in your area.
Another option is for designated enforcement agencies to enforce existing Acts and Regulations on prohibited behaviours. For example, section 1007 of the Small Vessel Regulations states “No person shall operate a small vessel in a careless manner, without due care and attention or without reasonable consideration for other persons”.
But if these don’t work you now know what to do and remember you will need the local government (your municipality) to ask for the VORR. Consult with your regional OBS office early in the process. They will help you prepare a Preliminary Assessment Report in order to determine if your application can proceed.