WHEREAS nuisance boats have engine exhaust cutout devices that allow them to illegally exhaust above the water; AND WHEREAS the decibel level of nuisance boats often exceeds the allowable motor vehicle decibel limits: THEREFORE BE IT RESOLVED that the Union of British Columbia Municipalities request that the federal government pass legislation to make it illegal to have a functioning engine exhaust cutout device on boats operating on inland waters and increase penalties for first infractions to 500 and escalate in incremental steps for successive violations; AND BE IT FURTHER RESOLVED that the UBCM request support from the Pacific Region Local Marine Advisory Council, the Canadian Maritime Advisory Council, and Recreational Boating Advisory Council.
Ministry of Transport, Infrastructure and Communities The proposed amendment to the Small Vessel Regulations will make illegal the use of electrical or similar cut-outs that can be easily activated and deactivated. The proposed regulations were published in the Canada Gazette, Part I, on April 25, 2009, and include the aforementioned revised provision: 37. 1 Subject to subsection 2, no person shall operate a power-driven vessel, and no person shall permit another person to operate such a vessel, a 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; or b if it is equipped with a muffler cut-out or by-pass, unless the muffler cut-out or by-pass is visibly disengaged in such a manner as to ensure that, while the vessel is in use, its exhaust gases are directed through the muffler or under water and that the muffler cut-out or by-pass cannot be engaged accidentally. Over the 2008 boating season, regional Transport Canada officials met with local enforcement officers to identify appropriate enforcement strategies. Departmental officials also worked with RCMP officials to clarify the authority of officers with respect to enforcing on-water regulations. Transport Canada has increased the amount of the fines in the Contravention Regulations from 100 to 250 for a muffler that is not in good working order and from 250 to 500 for operation with a muffler cut-out that is not visibly disconnected. The amendments came into force on May 14, 2009. There is no mechanism for escalating fines for successive violations in the Contraventions Act or the Contraventions Regulations. Under the Shipping Canada Act, enforcement officers are authorized to direct a vessel to be taken to a safe place and not operated until it meets the requirements of the regulations. In addition, under the Act, a judge can impose fines of up to 10,000 for each offence. Transport Canada continues to update the Small Vessel Regulations and to hold consultations as part of the Canada Shipping Act regulatory reform. These updates may include revisiting the Contraventions Act fines associated with offences addressed by the Small Vessel Regulations. Prior consultations with the national enforcement community have resulted in decibel limits being omitted from the regulations due to the difficulties associated with measurement.