Feds Get Tougher With Noisy Boaters

May 29, 2009

Many constituents contact me with interesting questions and concerns and in the process of addressing the issues I always end up gaining a better understanding of the way the Government works.(Yes, I know, some of you might find it hard to believe but there is some logic and common sense here in Ottawa.)

It’s information that I think would be of interest to many of you.  By sharing actual questions from constituents, your neighbours, I think you might see that, for the most part, our government departments do an excellent job responding to Canadians concerns and you’ll also get a better idea of what the day to day work is really about for Members of Parliament. 

This week’s question concerns noise abatement.  As you know, noise abatement on Okanagan Lake has been an ongoing - and escalating – concern in our community.  So here’s the question:

Ron- Since OK Lake is considered a federal waterway, as I understand it, why all the red tape in getting something done about regulating houseboats and their sewage disposal, noise in the Summer and other problems?

ANSWER: Last year, a number of us including local MPs and city officials contacted the Minister of Transport John Baird to let him know about the noise abatement problem asking him to do what he could to help local law enforcement crack down on offenders through tougher provisions under the Small Vessels Regulations.

In February of this year, I learned that the process was moving slower than expected and that the new regulations might not be in place this summer. 

After approaching our regional Minister, the Honourable Stockwell Day, and explaining the delays, he and I sent a joint memo to the Minister of Transport pressing our case that time was of the essence and the Department needed to move faster to avoid even more problems this summer.

I am pleased to inform you that the Contraventions Regulations amendments we were looking for to address the issue of noisy boats on Okanagan Lake were approved and registered at Treasury Board on May 14th.  They came into force immediately upon registration.

The regulatory amendment designates certain offences under the Vessel Operation Restriction Regulations (VORRs) as contraventions and increases the fines for contraventions of section 37 of the Small Vessel Regulations.

The fines have been raised from $100 to $250 for operating without a muffler, and from $100 to $500 for operating with a muffler cut-out or by-pass that is not visibly disengaged. This increase in fines applies to all boats (including jet skis) operating where the Contraventions Act applies.

The Small Vessel Regulations currently contain provisions respecting noise and mufflers on pleasure craft.
 
Under these provisions, it is illegal to operate a vessel within 5 nautical miles of shore unless it is "equipped with a muffler that is in good working order and that is in operation at all times while the vessel is in use to prevent excessive or unusual noise".
 
If the vessel is equipped with a muffler cut-out or by-pass (which diverts exhaust gasses around the muffler), it must be visibly disengaged in such a manner as to ensure that, it "cannot be engaged accidentally".
 
Okanagan Lake is nowhere more than 3 miles wide, so this prohibition applies everywhere in Okanagan lake. These regulations were developed in 2001, in consultation with (among others) the Ontario Provincial Police, the Surete du Quebec and the RCMP Kelowna detachment. The wording was modelled on the Ontario Highway Traffic Act because the police and courts dealing with these offenses are normally lower courts that are more familiar with traffic offenses than boating offenses.
 
The Government has added provisions to the ongoing Small Vessel Regulations reform project that will make enforcement of the muffler requirements easier. The new provisions introduce wording that will make the "silent choice" system unacceptable. The "silent choice" system is a switch on the dash that when engaged, connects the muffler by-pass. Since the system can be switched over so easily it makes it difficult for a police officer to prove that a certain vessel is the source of the loud exhaust noise.   

 With respect to sewage from houseboats--the "Pleasure Craft Sewage Pollution Prevention Regulations" were repealed 3 May 2007 and replaced by the "Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals". Both regulations prohibit the discharge of sewage from vessels (including houseboats) into Okanagan Lake.
 
I am hopeful that these efforts will help address the concerns of constituents, local governments and enforcement agencies.  Whether you are relaxing on your deck at home or on your boat on the water, let’s hope that with these enhanced enforcement measures and some common sense and respect, all of us will be able to enjoy the beauty of the Okanagan in a peaceful and safe manner. 

And one final note....please remember to wear your lifejacket and don’t drink and boat because you might not stay afloat!


If you have any questions regarding local issues, I encourage you to let me know at ron@cannan.ca.