How can we have some boating restrictions adopted on our lake?

How can we have some boating restrictions adopted on our lake?

When a lake association wants to take advantage of the Boating Restriction Regulations (federal jurisdiction), it must, first of all, specify which restrictions have been chosen by the majority of the cottagers. The second step involves making a formal request to the municipality that will in turn submit it to a public consultation. The procedure must be repeated for each lake as differentrestrictions can be edicted for each lake.

IMPORTANT!
Transports Canada is responsible for the global application of the Boating Restriction Regulations enacted under the Canada Shipping Act. But each province is responsible for the administration of the Regulations on their territory. In Quebec, it is the Ministry of Municipal Affairs which looks after the Regulation.

WHO SHOULD BE CONSULTED?

The municipality must submit the association's demand to a public consultation and a notice must be posted at least 15 days prior to the public meeting. If there is a public access to the lake, the Ministry of Municipal Affairs requires that all residents of the municipality be consulted. If a lake has no public access, then the consultation is limited to the cottagers only. In both situations, it is advised to have the consultation during the summer in order to contact the maximum number of cottagers. There are municipalities in Quebec that don't understand that. It is up to you to make sure that it happens. Your interest is at stake!

BEWARE!

There is another point to be aware of and that is the majority required. A few years ago, the Ministry of Municipal Affairs required 2/3 of the votes in its documentation. FAPEL protested and the Ministry responded by removing the required number of votes from its documentation. If you call the Ministry, they will tell you that they prefer obtaining a consensus. However, a consensus is 100% of the votes. This is a long way from what FAPEL requested which is 50% plus one. Following is the argument made by FAPEL at the time of its presentation: "Honorable Minister, if, as you have already said before, a country (Canada) can be destroyed with a simple majority of 50% plus one, don't you think that the same majority rule should apply for the ediction of boating restrictions on lakes?" The Minister remained unclear on the issue and preferred to maintain the wording that allows him to arbitrarily act as he pleases. You can be in for a real deception when dealing with the Minister of Municipal Affairs. He could very well refuse to accept the majority that you have obtained as a result of the consultation. Be prepared! Before the consultation, ask the municipality to inform you in writing of the required number of votes considered a majority.

WHAT SHOULD BE DONE WHEN THERE ARE MORE THAN ONE MUNICIPALITY SURROUNDING A LAKE?

This situation is definitely a source of complication. Each municipality around the lake must follow the same procedure at the time of its consultation. If there is disagreement and one or more of the municipalities refuse to cooperate, then keep working with the one that is on your side. There will be a sector(s) of the lake that will not be covered of course but don't give up. Keep the cottagers of each municipality well informed. Time plays in your favor when you are tenacious.

WHAT SHOULD BE DONE WHEN LAKES FLOW INTO OTHER LAKES?

If there is a stream connecting your lake to other lakes, the situation is even more complex. If boats can go from your lake into other lakes that are located in other municipalities, then your municipality will have to send a copy of the notice of the public consultation meeting to all those municipalities as well as to the MRC. Why? Because the restrictions that will eventually apply must not interfere with the free circulation of boats.

WHAT HAPPENS AFTER THE CONSULTATION?

If the consultation is successful, the municipality will adopt a resolution that must be sent to the Ministry of Municipal Affairs before September 1st of each year. Consequently, you should start in the spring if you want to be included on the list that the Minister of Municipal Affairs will send to the federal government in the fall. The Ministry of Municipal Affairs is the only one authorized to transmit the resolutions to the federal government who will approve the restrictions by an order in council. The restrictions will be published in the Canada Gazette Part II, the following spring.

When the restrictions come into effect, the municipality must adequately inform the citizens and put up notices outlining the restrictions. The notice must meet the standard of the Boating Restriction Regulations and must include the mention CANADIAN COAST GUARD. You have to make sure that your notice meets the standard.

WHO IS RESPONSIBLE FOR THE ENFORCEMENT?

The Minister of Municipal Affairs gives the responsibility to the municipalities who must inform him of the local authority selected to perform the task. The legislation says that a member of the Justice of the Peace can control or forbid the use of boats for security purposes. A recent agreement between the Minister of Municipal Affairs and Transport Canada authorizes the municipal inspector to apply the Boating Restriction Regulations in municipalities where there is no police force. It should be mentioned that the municipalities and the Minister of Municipal Affairs are not over zealous when dealing with this issue. The matter can go around in circles or the citizens referred to the QPP. In other words, they are told to get lost. As far as the Canadian Coast Guard is concerned, they do not deal with lakes and have no intention to get involved. FAPEL's position is that the enforcement is the responsibility of the municipal police force or the municipal inspector. Be prepared! It will be a real fight when the time comes to apply the restrictions. Be courageous and tenacious! Remember that the control of nuisance due to motor boats and jetskis will never be efficient if it depends on higher administration. It is even more important since the adoption of the CONTRAVENTIONS ACT. The responsible agents can now issue fines immediately upon infraction the same as for cars.