Whereas the Minister of Transport is of the opinion that the annexed Interim Order No. 5 Respecting Flooded Areas is required to deal with a direct or indirect risk to marine safety or to the marine environment;
And whereas the provisions of the annexed Order may be contained in a regulation made pursuant to subsection 35.1(1)Footnote a and paragraphs 136(1)(f)Footnote b and (h)Footnote b, 207(f) and 244(f)Footnote c, (g) and (h)Footnote d of the Canada Shipping Act, 2001Footnote e;
Therefore, the Minister of Transport, pursuant to subsection 10.1(1)Footnote f of the Canada Shipping Act, 2001Footnote e, makes the annexed Interim Order No. 5 Respecting Flooded Areas.
Ottawa, May 30, 2019
Marc Garneau
Minister of Transport
Interpretation
Interpretation
1 Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in the Vessel Operation Restriction Regulations.
Prohibition
Operation of vessels
2 No person shall operate a vessel in the part of the Ottawa River, in Ontario or Quebec, between the western point of Île DubéParc National De Plaisance.
Exception
Persons
3 Section 2 does not apply to vessels operated by any of the following persons:
- (a) a local authority employee;
- (b) a member of a fire department or police force;
- (c) an officer or non-commissioned member of the Canadian Forces;
- (d) an officer of the Canadian Coast Guard;
- (e) a person who operates a public ferry service in the waters referred to in paragraph 2(a) or (b); and
- (f) a person who operates a vessel solely to gain access to their property that is not accessible by road.
Enforcement
Enforcement officers
4 For the purpose of ensuring compliance with section 2, the persons or classes of persons set out in the table to this section are appointed or specified as enforcement officers.
| Column I | Column II | |
|---|---|---|
| Item | Persons or Classes of Persons | Geographic Location |
| 1 | A member of the Royal Canadian Mounted Police | Ontario and Quebec |
| 2 | A member of any harbour or river police force | Ontario and Quebec |
| 3 | A member of any provincial, county or municipal police force | Ontario and Quebec |
| 4 | A marine safety inspector | Ontario and Quebec |
| 5 | A pleasure craft safety inspector | Ontario and Quebec |
| 6 | A person employed as park warden by Parks Canada and appointed under the Canada National Parks Act | Ontario and Quebec |
| 7 | A person employed as marine conservation area warden by Parks Canada and appointed under the Canada National Marine Conservation Areas Act | Ontario and Quebec |
| 8 | A person employed as conservation officer by the National Capital Commission | National Capital Region |
| 9 | A First Nations Constable appointed under the Ontario Police Services Act, R.S.O. 1990, c. P.15 | Ontario |
Powers
5 An enforcement officer may
- (a) prohibit the movement of any vessel or direct it to move as specified by the enforcement officer; and
- (b) stop and board any vessel at any reasonable time and
- (i) direct any person to put into operation or cease operating any equipment on board the vessel,
- (ii) ask any pertinent questions of, and demand all reasonable assistance from, any person on board the vessel, and
- (iii) require that any person on board the vessel provide to the enforcement officer, for examination, any document or information that is in the person's possession.
Designated Provision
Designation
6 (1) The provision set out in column 1 of the schedule is designated as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 229 to 242 of the Canada Shipping Act, 2001.
Penalties
(2) The range of penalties set out in column 2 of the schedule is the range of penalties payable in respect of a contravention of the designated provision set out in column 1.
Repeal
7 Interim Order No. 4 Respecting Flooded Areas, made on May 24, 2019, is repealed.
Schedule
(Subsections 6(1) and (2))
Designated Provision
| Column I | Column II |
|---|---|
| Designated Provision | Range of Penalties ($) |
| Individual | |
| Section 2 | 250 to 5,000 |