proposed changes

We love boating—but we know noisy boats can be disruptive to both cottagers and aquatic life. While current legislation mandates all power-driven boats to have a muffler, noise emissions have no specific performance limits. Transport Canada is proposing five policy options to avoid unnecessary noise disturbances.

What is Transport Canada proposing?

The first policy option will make no changes to existing regulations, and the second will modernize existing regulations. The third option introduces performance measures for manufacturers, while another introduces performance measures for boaters.

The last option is the most comprehensive, introducing new regulations for both manufacturers and boaters. According to Transport Canada, this policy option would ensure that new and existing boats don’t exceed noise emission limits, will allow police to use a tool to measure decibel limits, and will require operators to modify their boats to meet new standards.

So many options. What do the people want?

Rob Bosomworth, chair of the Decibel Coalition, is passionate about keeping Canada’s lakes quiet and safe. He supports policy option five. “We need to put decibel limits on both manufacturers and operators to regulate manufacturing importers and to ensure all boats are compliant,” says Bosomworth. “This would not be an overly difficult job for Transport Canada because they already have safety standards and environmental measures for boat manufacturers.”

Bosomworth also believes that option five would address the larger part of noise emission issues: boaters who do not comply with current regulations. “By increasing performance measures for operators, we manage the largest portion of the problem,” he says. “This would address the outliers whose boats have no mufflers and make an extreme amount of noise.”

The fifth policy proposal would make waves in the movement, not accomplished by previous strategies. For example, municipalities have tried passing by-laws but have been unsuccessful because they do not have jurisdiction. There has also been an increase in public support. Safe Quiet Lakes’ 2021 survey, consisting of almost 6,000 participants, indicated a strong correlation between enjoyment on the lake and noise limits.

The Decibel Coalition is in frequent talks with Transport Canada and are encouraging supporters to write to their MPs.

Is option five best for everyone? Let’s dive in further.

Sara Anghel, president of National Marine Manufacturers Association of Canada (NMMA), supports policy option four. According to Anghel, it would support “building to the standard that would meet the limits that Transport Canada may wish to impose,” while meeting the best interests of all stakeholders.

The association is concerned that introducing stricter performance measures for manufacturers will make it more difficult for people to enjoy boating. “As an industry, we support people getting into boating and believe that of all the critical priorities that the government should be addressing, boat noise is not at the top of the list,” she says. ”There are more pressing issues, such as improving boating safety, modernizing the pleasure craft licensing system, and supporting the boating community through opportunities to expand recreational boating.”

While the NMMA doesn’t believe that noise is of top priority, Anghel acknowledges that, “there’s a small number of boaters that pose a nuisance on the Canadian waterways, and we don’t want to promote that kind of boating.” Anghel says the larger issue resides with boaters who use outdated engines or add aftermarket modifications.

How about the ones who have to enforce the policy? What do they have to say?

The Ontario Provincial Police (OPP) support option four and five, with concerns rooted in officer and boater safety. According to Sergeant Dave Moffatt, the provincial marine coordinator of the Highway Safety Division under the OPP, these options would allow police to use an instrument to determine decibel limits, similar to the one used when assessing impaired driving.

Currently, it can be difficult for officers to determine decibel noises or check if there is a muffler present. “This instrument would give us a quantitative result like a pass or fail,” says Sergeant Moffatt. “This will also assess noise emissions for boats that have a muffler and comply with current regulation, but are still loud.”

Sergeant Moffatt says that noise emission issues are limited to small pockets of the country, yet the OPP receives many complaints about loud boats. “Everyone deserves the right to enjoy the water,” says Sergeant Moffatt.

Transport Canada is currently analyzing the comments received through public consultation. They will provide updates during the next meeting of the Canadian Marine Advisory Council in fall 2022.

Heading out on the lake to cruise on your boat this year? Don’t forget to check out potential new regulations around pleasure craft licencing.

Transport Canada is proposing changes to modernize pleasure craft licensing, which will come into effect in the winter of 2023.

Proposed changes to pleasure craft licencing include:

Introducing a five-year validity period for pleasure craft licences (PCL).
Expanding the Small Vessel Regulations to include all pleasure crafts equipped with motors of 10 hp or more and all pleasure crafts (including all power-driven and sail-alone vessels) above six metres in length.
Owners must notify Transport Canada of a name or address change and of a sale or transfer of a vessel within 30 days.
Easier cancellation of a pleasure craft licence, if a lifetime PCL holder fails to apply, a PCL holder fails to renew a PCL, or a PCL holder wishes to remove their pleasure craft from service.
Introducing a $15 service fee to process an application to obtain, renew, or duplicate a PCL.

Is it really necessary to renew my pleasure craft licence every five years?

Sergeant Dave Moffatt, the provincial marine coordinator of the Highway Safety Division under the Ontario Provincial Police says, yes. He believes the change to the validity period is long overdue and will assist enforcement officers in cleaning the database. If accepted, the changes will create a more streamlined process for locating missing people, finding owners of abandoned boats, and removing them to prevent a navigational hazard. “In the past, we could spend days trying to find out who the owners are,” says Sergeant Moffatt. “Someone could have registered the boat 20 years prior and then sell it. In my experience, you can have 10 different owners before you find the right one.”

Sara Anghel, the president of the National Marine Manufacturers Association Canada also supports the changes. “There is a lot of old data that may make it challenging when there is an incident or law enforcement is trying to find a boat.”

While there are some licences that have a ten year validity period, this proposed pleasure craft licencing change will greatly affect the holders of a grandfathered licence, which currently have no expiration date. Sergeant Moffatt affirms that this change is key to prioritizing boater safety by ensuring boat owners are connected to their vessels.

But, what’s the deal with the fee?

Without the change, costs will continue to be absorbed by taxpayer dollars. There is a lot of maintenance that occurs on Canadian waterways, such as maintaining markers and protecting Canada’s marine environment. This fee would help support maintenance costs.

What are people saying about the proposed changes?

Public consultation was completed over 65 days, and Transport Canada received 900 comments. Canadians (including recreational boaters), marine stakeholders, law enforcement agencies, boating safety advocates, pleasure craft dealers, associations that represent cottagers and associations that represent anglers, hunters, trappers and recreational fishers were among those that provided comments.

The proposed changes received mixed responses. While some feel that the changes are positive, others believe that there is still something missing. “I would like to see the system given back to boaters. For example, the changes don’t address climate change, the environment, or more access and infrastructure. I want people to get back what they are putting into it,” says Sara Anghel.

Many participants, while agreeing with the proposal, also suggested using a service fee to fund abandoned vessels, inadequate black water disposal facilities, and mooring buoys. Others recommended mandating liability insurance when new boaters obtain a licence. Respondents were also in agreement that they would like to see Transport Canada take a more active role in education. Such campaigns could include updating information regularly and clarifying the differences between a pleasure craft licence and a Pleasure Craft Operator Card. Lastly, participants believe it would be beneficial to engage more stakeholders such as anglers, hunters, and trappers (to better understand the socioeconomic impacts of the proposed changes) and marine trade associations (who administer the Pleasure Craft Licensing Programs).