Vol. 144, No. 4 — February 17, 2010

Registration

SOR/2010-27 February 2, 2010

CANADA SHIPPING ACT, 2001

Regulations Amending the Private Buoy Regulations

P.C. 2010-109 February 2, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 136(1) (see footnote a) of the Canada Shipping Act, 2001 (see footnote b), hereby makes the annexed Regulations Amending the Private Buoy Regulations.

REGULATIONS AMENDING THE PRIVATE BUOY REGULATIONS

AMENDMENTS

1. Section 5 of the Private Buoy Regulations (see footnote 1) is replaced by the following:

5. If there is a need for increased visibility or better identification of a buoy for safety and the prevention of accidents, the Minister of Transport may order the owner of the buoy to modify it according to the requirements set out in the Procedures Manual for Design and Review of Short-range Aids to Navigation Systems (TP 9677), published in March 1989 by the Canadian Coast Guard, as amended from time to time.

2. Section 7 of the Regulations is replaced by the following:

7. The Minister of Transport may remove from any Canadian waters a private buoy that does not comply with these Regulations.

COMING INTO FORCE

3. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Private Buoy Regulations (the Regulations) are amended to reflect the transfer of authority for the Regulations from the Minister of Fisheries and Oceans to the Minister of Transport in 2004.

Description and rationale

The Regulations provide the authority that governs the placement requirements of private buoys in Canadian waters. The Regulations do not apply to a buoy that is owned by the federal government, a provincial government, or a government agency.

The Regulations now provide the Minister of Transport with the authority to remove any buoy that does not comply with the Regulations (i.e. that interferes with or is likely to interfere with the navigation of any vessel or that misleads, or is likely to mislead the operator of any vessel).

The Regulations reflect the transfer of authority to the Minister of Transport made through Order in Council P.C. 2004-322, dated March 29, 2004 (SI/2004-35).

Strategic environmental analysis

A preliminary scan for environmental impacts has been undertaken in accordance with the criteria of Transport Canada’s Strategic Environmental Assessment Policy Statement — March 2001. The preliminary scan has led to the conclusion that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination.

Consultation

No formal consultations were undertaken as the amendments to the Regulations are administrative in nature.

The amendments were pre-published in the Canada Gazette, Part I, on October 31, 2009, followed by a 30-day public comment period. No comments were received from stakeholders with respect to the proposal.

Contact

Viki-Marie Di Censo
Navigable Waters Protection Program
Transport Canada
Marine Safety
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N8
Telephone: 613-990-5891
Fax: 613-990-8745
Email: viki-marie.dicenso@tc.gc.ca

Footnote a
S.C. 2005, c. 29, s. 18

Footnote b
S.C. 2001, c. 26

Footnote 1
SOR/99-335

NOTICE:
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