Whereas use of motorized watercraft during a flooding event can accelerate shoreline erosion and impact flood damage mitigation efforts; And whereas local governments have no authority to impose temporary boating restrictions on waterways to reduce the flood damage risk to properties and critical infrastructure: Therefore be it resolved that in order to support emergency response and damage mitigation efforts during freshet and other flood events, the Province be lobbied to amend the Emergency Program Act by including the authority for local governments to restrict and prohibit the use andor speed of motorized watercraft when a state of local emergency has been declared.
Ministry of Public Safety and Solicitor General The responsibility for regulating the operation of boats remains with the Federal Government and there is no mechanism for the Province through the Emergency Program Act EPA to consider the authority for local governments to restrict and prohibit the use andor speed of motorized watercraft at any time. The Province has engaged with Transport Canada and has confirmed that the powers of the EPA may be used to preclude the launch or access of boats to a watercourse in their jurisdiction. During an emergency, a local authority may identify a public risk to an enforcement agency and together may issue a Public Safety Notice identifying an area of concern to boat operations and advise boaters to avoid the area or to restrict their speed or activities. The Province is available to work with Transport Canada to put in place more formal temporary restrictions when it is appropriate although a formal restriction will remain the decision of the federal government and ultimately be contingent on a federal agency that is able to enforce any restriction. The Province released a discussion paper on October 28, 2019 that outlines proposed legislative changes to the Emergency Program Act EPA. The three-month consultation was open until January 31, 2020 and local government, First Nation, interested organizations, and public input was encouraged. As part of engagement with the Federal Government, the Province will seek their input on whether there are any legislative authorities that could be explored to address motorized watercraft use during emergency events.