AN OWNER’S GUIDE TO PRIVATE BUOYS NAVIGATION PROTECTION PROGRAM Transport Canada Tower C, Place de Ville 330 Sparks Street Ottawa, ON K1A 0N5 E-mail: [email protected] © Her Majesty the Queen in Right of Canada, as represented by the Minister of Transport, 2020. Cette publication est aussi disponible en français sous le titre Bouées privées – Guide du propriétaire. TP No. 14799E Cat. No. T29-42/2021E-PDF ISBN No. 978-0-660-34964-0 Permission to reproduce Transport Canada grants permission to copy and/ or reproduce the contents of this publication for personal and public non-commercial use. Users must reproduce the materials accurately, identify Transport Canada as the source and not present theirs as an official version, or as having been produced with the help or the endorsement of Transport Canada. To request permission to reproduce materials from this publication for commercial purposes, please complete the following web form1. Or contact https://tc.canada.ca/en/corporate- services/application-crown-copyright-clearance TP 14799E (01/2020) TC-1002721 TABLE OF CONTENTS AN OWNER’S GUIDE TO PRIVATE BUOYS INTRODUCTION . 2 PRIVATE BUOYS REGULATIONS . 3 CANADIAN NAVIGABLE WATERS ACT . 4 VESSEL OPERATION RESTRICTION REGULATIONS . 5 TO COMPLY WITH THE MAIN PRINCIPLES OF THE VORR . 6 CANADIAN COAST GUARD – THE CANADIAN AIDS TO NAVIGATION SYSTEM . 7 BUOYS SELECTION . 8 RESPONSIBILITIES OF PRIVATE BUOY OWNERS . 11 PRIVATE BUOYS (EXAMPLES) . 12 CONTACT INFORMATION . 22 A GUIDE TO PRIVATE BUOYS IN CANADA INTRODUCTION In Canada’s marine navigation system, buoys On March 29, 2004, the responsibility for are important to the safety and well-being of enforcement and compliance provisions of the the boating community. Persons, organizations, PBR was transferred from Canadian Coast Guard corporations, or other groups may place (CCG) to Transport Canada (TC) Navigable “private buoys” on the water to communicate Waters Protection Program, now known as with other mariners. the Navigation Protection Program (NPP). The NPP is also responsible for administering the Buoys are floating markers used for Canadian Navigable Waters Act5 (CNWA). More communicating traffic channels, speed limits, information on the CNWA can be found in the mooring locations or for warning boaters “Canadian Navigable Water Act“ section of this of hazards such as shoals, rocks or rapids. document. Depending on their purpose, they can: This guide will help private buoy owners • come in many shapes, sizes and colours; to understand and apply Canada’s laws and standards, and inform them of their • display different markings; and responsibilities when placing a private buoy. • be equipped with lights, sound appliances and retroreflective material for added visibility. For general information about the PBR, please contact your local Navigation Protection Program 2 Private Buoy Regulations 6 Canada’s (PBR) applies office . to all private buoys placed as aids to navigation – except those used to mark fishing gear. These regulations set out private buoys’ placement requirements, including the standards of the Canadian Coast Guard (CCG). When you place a private buoy you are responsible for following the PBR under the Canada Shipping Act, 20013 (CSA, 2001). Where boating is restricted, private buoy owners and operators must also follow the Vessel Operation Restriction Regulations4 (VORR). 2 Do not place a private buoy that will/ PRIVATE 1 may interfere with the navigation of any vessel, or that will/may mislead BUOYS any boater. Do not place a private buoy in any REGULATIONS 2 water unless all size, shape and identification requirements are met and all required information is accurate and up to date. The PBR describe the size and markings required for each buoy, as well as the responsibilities of the Make sure that all private buoys meet person(s) placing them. While the requirements for 3 the Canadian Aids to Navigation the colour, shape, placement and use of private System7 standards. buoys are the same as those for buoys maintained by the CCG, private buoy identification markings Understand that the Minister of must conform to the PBR - not the number and 4 Transport (the Minister) may require letter identification system used by the CCG. changes to a private buoy, such as size or adding retroreflective material, when there is a need for improved WHY IT IS IMPORTANT TO COMPLY WITH visibility or better identification. THE REGULATIONS? Use, build and install anchors that will You can be fined for not meeting the requirements 5 keep the buoy in position. set out in the regulations and standards. In the Use lighted buoys that meet the event of an accident, private buoy owners may also 6 Canadian Aids to Navigation System be found liable for any damages resulting from standards, during the hours of negligence respecting their private buoy. darkness or periods of poor visibility. Note: Canada Shipping Act, 2001; Contraventions Understand that when a private Regulations8 7 buoy does not meet legal standards, the Minister may remove or order you to modify it to meet current standards. 3 A GUIDE TO PRIVATE BUOYS IN CANADA CANADIAN NAVIGABLE WATERS ACT Under the CNWA, it is prohibited to construct, private buoys or other aids to navigation place, alter, rebuild, remove or decommission according to legal standards, or as directed by a work in, on, over, under, through or across the Minister through their approval document or any navigable water except in accordance of through orders given under the CNWA. the CNWA. MOORING BUOYS When issuing an approval for a work, NPP may include as a condition of approval, the TC considers mooring buoys as “works” under requirementi for work owners to install private the CNWA on all navigable waters, since they buoys or other aids to navigation to mark usually secure vessels in fixed locations (such wharves, marinas, aquaculture areas, dams, as docks, piers or wharves), and do not aid or bridges, etc. Owners of these works have the direct mariners. Certain mooring buoys can be responsibility to install and maintain these considered “minor works” as moorings systems are described in the Minor Works Order9. i Private buoys, as mandated by the Private Buoy Regulations, must have PRIV on both sides, as well as the This means that the placement of a mooring contact information of the owner of the buoy. Additional buoy is subject to review and approval under the buoy requirements vary by province and may include CNWA, unless otherwise excluded by TC policies business name, license number, and/or Crown lease number issued to the licensee (when buoys require a lease/ and standards. license to occupy submerged provincial crown lands). 4 VESSEL OPERATION RESTRICTION REGULATIONS Regulations under CSA, 2001 also govern the A complete application package must be sent marking of any private buoy used to restrict to TC’s Office of Boating Safety (OBS) for final navigation (for example, speed limits, engine review and publication in the regulations. size, keep-out areas, etc.). Under the VORR, requests for restrictions: Note: In Quebec, there is a designated provincial authority that reviews each VORR • Originate from a local authority; and application before it is submitted to TC. • Have gone through public consultation. Additional information on this process can be found in the Local Authorities’ Guide: Vessel Operation Restriction Regulations10. 5 A GUIDE TO PRIVATE BUOYS IN CANADA TO COMPLY WITH THE MAIN PRINCIPLES OF THE VORR: 1. Do not place a sign that restricts the operation of any vessel in Canadian waters without the authorization of the Minister. Signs must comply with VORR requirements. VORR’s prohibit the placement of signs or symbols on control buoys and keep-out buoys unless they are otherwise authorized under the Canada Shipping Act, 2001 or another Act of Parliament, such as the CNWA. 2. Do not change, hide, damage or destroy any authorized sign or use a sign for mooring purposes. 3. Respect restrictions conveyed in an authorized sign when boating. 4. Do not hold a sporting, recreational, or public event in waters specified in Schedule 8 of the VORR11, unless authorized by a permit issued by the Minister. 5. Do not hold a sporting, recreational, or public event or activity in any waters in a manner or at a place that would unnecessarily obstruct navigation. 6. Under the VORR, an enforcement officer may direct or prohibit the movement of vessels to ensure compliance with the requirements for safe vessel operation. Note: Any person who does not comply with these regulations may be charged with an offense. A schedule of fines can be found in the Contraventions Regulations12 6 CANADIAN COAST GUARD – THE CANADIAN AIDS TO NAVIGATION SYSTEM Following the basic rules of the Canadian Aids If you place private buoys or observe that private to Navigation System will lead to a better buoys have been placed in charted waters, and navigation system for all boaters and waterway potentially pose a risk to navigation, contact users. These guidelines provide in-depth the nearest CCG Marine Communications and information on standard uses, colours, shapes Traffic Services (MCTS) Centre and provide their and the identification of private buoys and other characteristics and positions, so that it may be aids to navigation within Canada. Additional published as a navigational warning, among information on aids to navigation in Canada other possible safety-related actions. can be found on the CCG Aids to Navigation webpage13. 7 A GUIDE TO PRIVATE BUOYS IN CANADA BUOYS SELECTION TYPE BUOY CLASSIFICATIONS When selecting buoys for navigation or mooring, Lateral buoys indicate the side on which they do your best to keep the system simple by using may be safely passed. There are six types of as few buoys and buoy types as possible. Some lateral buoys: port hand, starboard hand, port boaters have little knowledge of the purposes bifurcation, starboard bifurcation, fairway, and and meanings of buoys and marine aids to isolated danger.