REPORT ON THE STANDING COMMITTEE ON RECREATIONAL BOATING 4. CANADIAN POWER & SAIL SQUADRONS SIMULATOR

Transcription

1 REPORT ON THE STANDING COMMITTEE ON RECREATIONAL BOATING The meeting of the Standing Committee on Recreational Boating was held on Wednesday April 20, 2016 and was chaired by Transport Canada and the Canadian Power & Sail Squadrons. 1. OPENING REMARKS Co-chairs welcomed the participants and asked that attendees introduce themselves. Sail Canada requested a pyrotechnics update - informed this was Item 9 on the planned agenda. TC requested the rescheduling of Item 11 to take place before the lunch break. Motion carried, Item 11 moved to become Item ADOPTION OF MINUTES Minutes of last meeting were approved. 3. INTRODUCTION OF AGENDA Agenda was adopted with the alteration noted in Item CANADIAN POWER & SAIL SQUADRONS SIMULATOR The Co-chairs informed participants that the CPS power driven vessel simulator was available for testing and demonstrations during breaks. Simulates a 22 ft vessel with 20 hp Mercury outboard motor. 5. VORR UPDATE Transport Canada provided an update on the Vessel Restriction Regulations. The Columbia River package was published in Gazette I on 2 nd April, The 2015 annual package is being reviewed after some issues were identified by the Standing Joint Committee on the Scrutiny of Regulations. The Canadian Red Cross gave congratulations on progress thus far regarding the Columbia River file. Rowing Canada asked whether their regional delegations would be asked to

2 participate in any future consultations and if there had been some misunderstanding? CMTA and NMMA both echoed this comment and questioned why VORR consultations were not done through RBACs and why they were not consulted before any VORRs were approved. It was explained that restrictions are applied for by the local authority, and that there is no legislative requirement for them to utilize RBACs (or any other specific body) in their consultative process. 6. BOATING SAFETY CLASS CONTRIBUTION PROGRAM UPDATE Transport Canada provided an update on the current state of the program, including the news that they will be re-applying for renewal for a further 5 year funding cycle. The program is currently piloting a data sharing agreement with select enforcement partners in order to create data sets against which to evaluate funded projects. An overview of the new arm of the program, targeting the small commercial fishing vessel community, was also provided. The program representatives asked attendees to submit their written input regarding potential areas of focus for the program, should it be renewed. Canadian Safe Boating Council inquired as to whether any of the program evaluation reports had been published. It was explained that attendees could TC to obtain the link for these reports. Canadian Safe Boating Council congratulated TC on the data evaluation and inquired as to the long term access vision for this data. It was explained that BSCP project data will be made available, but the pilot project is not intended for big picture use. OPP inquired whether First Nations subsistence fishing would fit under the new Commercial Fishing section of the BSCP, rather than the BSCP. It was answered by TC that no - according to the Canada Shipping Act 2001 and as detailed in the TC/DFO MOU, the definition of subsistence fishing for food, ceremonial and social purposes is classed as -pleasure. Note: At this time, the Director General of Marine Safety & Security presented the departing Co-chair of the National Recreational Boating Advisory Council, Ms. Jean Murray with a Marine Safety and Security Plaque in recognition to her contribution towards Boating Safety in Canada and her participation as Co-Chair of the National Recreational Boating Advisory Council and a recognition award gift in thanks for her long service. The delegates responded with applause and congratulations. 7. PADDLE CANADA UPDATE ON PADDLE SMART The Paddle Canada representative provided an update on their SAR/NIF funded

3 Adventure Smart program - has been immensely successful, and they are moving towards a train-the-trainer model, in order to provide a broader reach across the country. Attendees were asked to provide written feedback if there were organizations or potential partners they would like to suggest for further outreach. Atlantic Marine Trades Association inquired if there are any active trainers for the Maritimes, as the initiative seems excellent and they would like to assist in spreading the word. It was explained that the regional coordinator is located in New Brunswick, and further follow up would take place offline. Boating Ontario seconded the congratulations on a successful program and indicated they would begin uptake of promotion initiatives. Ontario Provincial Police also congratulated Paddle Canada. Indicated that the four deaths which have already occurred in Ontario this year were paddle related - 2 kayak and 1 canoe. None wore PFDs. Asked TC to support by updating and clarifying the Small Vessel Regulations in this area, particularly around standup paddleboards. TC responded that they will provide an update on SUPs in Item 9, and inquired with the National Marine Manufacturers Association (NMMA) regarding the possibility of partnership in requiring paddle vessel manufacturers to participate in the HIN program. NMMA responded that this is something they are certainly willing to discuss with TC. 8. PLEASURE CRAFT OPERATOR COMPETENCY PROGRAM UPDATE Transport Canada provided an update on the Pleasure Craft Operator Competency Program (PCOC Program). In the last year, Pleasure Craft Operator Cards were issued. The breakdown was as follows: Classroom Courses 6058 Online Courses Challenge Tests Just under four million cards have been issued since program inception. Ontario Provincial Police inquired as to status of the Rental Boat Safety Best Practices. Transport Canada referred to the Rental Boat Safety Modernization Project, a multi-year effort that had resulted in 5 new vessel-specific checklists and an online tutorial for rental agency staff in 2014, and draft Rental Boat Safety Best Practices in 2015 (available on the Canadian Safe Boating Council Website). Despite the wide distribution of the draft, the Program received very little feedback. A few gaps were identified and the document has undergone a plain language review. It will be finalized once resources become available. The PCOC Program has applied for SAR NIFF funding on a special project pertaining

4 to rental best practices, but the status of the TC application is unknown. Transport Canada also noted that the rental industry is always changing and a new model of private boat rentals (like Uber) has emerged in BC and there has been ongoing communication between this emerging industry, Pacific Region Office of Boating Safety, and the PCOC Program on safety and competency issues. Muskoka Lakes Association noted that internet rentals are available in Ontario and there is a need to identify safety concerns in this sharing economy and one approach would be to engage the insurance industry. Boating BC inquired about the possibility of a rental boat safety checklist for kayaks/stand up paddleboards/etc. Based on checklist feedback last year, the PCOC Program had committed to developing two other checklists (for skiffs and canoes/kayaks) and Paddle Canada has already provided a draft content specific to canoe/ kayaks. This work will resume once resources become available. Boating BC and Boating ON noted the strong connection between tourism and the marine industry in respect to the business of renting boats and enthusiastically supported Transport Canada s work in this area. The PCOC Program encouraged ongoing linkages with regional OBS and will follow-up with the respective organizations regarding rental issues. Atlantic Marine Trades Association inquired as to status of cardholder database. Transport Canada responded that there was no change in the status of the upload function. Course providers remain unable to upload cardholder information at this time and technical staff continue to work on resolving this issue. This means cardholder records in the database are not up to date. In May 2015, the RCMP made the decision to de-activate the Pleasure Craft Operator Card search component of Canadian Police Information Centre until the database of cardholders is updated. 9. ABANDONED VESSELS TC provided an update on the program goals for dealing with abandoned and wrecked vessels. The scale of the problem is currently estimated at approximately vessels reaching the end of their life cycle each year. Smaller vessels which are abandoned outnumber large vessels by a factor of 20 to 1. The problem scope is expected to escalate in the coming years. The representative provided an overview of the current federal authorities which apply to various aspects of the issue, and how they mesh with the roles of the provinces, local and indigenous governments. The representative posed five questions about which they sought written feedback from the participants. These were: What are your thoughts on a general prohibition against intentional vessel abandonment? Would a prohibition be effective? Are there other legislative measures or authorities that are needed for abandoned vessels and wrecks? How could the quality of the information on the owners of abandoned vessels

5 and wrecks be improved? How could the costs of addressing abandoned vessels and wrecks through prevention, removal and vessel owner identification measures be funded? Who should be responsible for assessing the risks/hazards of abandoned vessels and wrecks? What risks/hazards should be assessed (i.e. which are the most significant)? Boating British Columbia inquired how much TC framed this as a recreational problem. It was explained that lifecycle management is seen as an essential addition for all vessels. Boating British Columbia indicated their view that the problem is primarily with the small commercial sector and inquired what funding models TC is considering. It was answered that all options are on the table, with prevention as a priority focus. Boating British Columbia added that in Pacific lack of a single authority to deal with derelict vessels is perceived as the primary problem - suggested impound model similar to vehicles. TC responded that the impound model would be an extremely expensive model to consider implementing, since the department currently has no suitable facilities or resources in any region. Shipwrite Productions commented that the presentation lacked specific regulatory references for the use of readers. Commenter lives near one problem vessel and views main issue as one of separation of responsibility (some of it being a constitutional necessity). Views ideal solution as being all encompassing, not dealing with vessels by type. TC responded that they will have an update on possible solutions before consultations are scheduled to begin this summer. National Marine Manufacturers Association inquired as to the source of the statistics in the presentation and mentioned that they had attended the International Recycling Convention in Amsterdam last year, and recommended examining the models in use in Sweden and Finland. TC responded that such an exercise was already in progress and more information would be forthcoming. OPP commented that it appeared the planned strategy would simply encourage people to abandon vessels on land, and inquired as to the status of the Pleasure Craft Licensing Database and requesting a cleanup of the data in order to facilitate finding the owners of abandoned vessels. Boating Ontario commented that there are abandoned vessels on land all over N Ontario, and that they had been shocked by the extent of the problem when they toured it last summer. Atlantic Marine Trades Association echoed the OPP in the sentiment that prohibition would accomplish nothing without effective enforcement. TC responded that the Office of Boating Safety is not equipped for Environmental Response or enforcement.

6 10. OFFICE OF BOATING SAFETY UPDATE An update on the Office of Boating Safety was provided, covering the work plan. This included discussion of the national training program for boating safety officers, communications focus for the upcoming season, the Pleasure Craft Electronic Licensing System launch in July 2015, an update on the Pleasure Craft Courtesy Check Program and a discussion of proposed amendments to the Small Vessel Regulations. An overview was also provided on LED flares and the new lifejacket standard UL The OPP inquired as to why only 35% of PCCC were performed on vessels under 6m, when the OPP believes that these vessels should be the main focus area, as this target group is most often non-compliant. Atlantic Marine Trades Association inquired whether Canadian Power & Sail Squadrons were printing Pleasure Craft Courtesy Check decals this year, the answer was yes. Canadian Safe Boating Council asked if these statistics were the result of the same vessels being checked each year at the same time. It was explained that the program target is 75% new vessels every year. Boating Ontario asked to know if a further breakdown of the statistics in the presentation was available. TC answered that there was, by province only. Atlantic Marine Trades Association asked the OPP if the decal served as a value add to enforcement. It was answered that no - enforcement supports the program but do not exempt boaters from any enforcement action if they are found non-compliant despite having the decal. TC stated the safety benefits are also in education and awareness and the decal is contributing to that as well as enabling a risk-based focus. TC agreed to continue the discussion w OPP further offline if needed. Canadian Power & Sail Squadrons emphasized that decals are numbered, controlled and good only for the moment that the PCCC is conducted. Canadian Power & Sail Squadron commented that the Pyrotechnics proposal option of 3 or 5 nautical miles will get a lot of but I don t go out there even if water body is that large or larger. Sail Canada stated that the pyrotechnic reduction is in their view negated by the requirement to carry radio or PLB. Inquired as to the presented phrasing - seemed to imply that walkie talkies would be acceptable? It was clarified by TC that walkie talkies would not be acceptable. The means of two way radio communication has to be effective. Atlantic Marine Trades Association asked if 3 or 5 nm was the more likely outcome. TC responded that this was for discussion.

7 OPP requested that actuality be considered rather than potential. Evaluate incidents, don t use distance in this legislation. Shipwrite Productions asked OPP if they would accept walkie talkies under the wording as presented? OPP responded that the statute needs sufficient clarity, as do other aspects, giving the example that a plastic grocery bag meets the current definition of a bailer. It was stated that without adequate clarity in the legislation, questions like these will be determined by the courts. It was stated by TC that the terminology will be vetted by the Federal Department of Justice as part of the Government of Canada regulatory process and TC may issue guidelines. There was general support to remove distance cut offs Muskoka Lakes Association asked if there was a date for implementing the new lifejacket standard. It was explained that this information was not yet available. Paddle Canada stated that they were looking forward to promoting the discussed initiatives - particularly to the inland surfing community, which is currently experiencing rapid growth. Sail Canada commented that in their recollection, discussion on these matters began in 2010 and that seven years was too long, TC requested that feedback be provided through the channels outlined in the presentation. 11. PYROTECHNICS Sirius Signals provided a presentation and demonstration of their recently approved United States Coast Guard electronic flare substitute. Sail Canada asked if a demonstration of the devices in the meeting hall was possible. Co-chairs took a vote, the room assented. Two models were displayed, one with a brand new battery and one that had run for 60 hours in order to demonstrate operation. Atlantic Marine Trades Association inquired as to the true visibility of the light source in heavy seas. It was answered that visibility is related to the visual horizon of the rescuer, and thus not a testing requirement that could be answered absolutely. Sail Canada stated that the SOS signaling used by the device should differentiate sufficiently from other white lights. Commented that Morse Code distress signaling should be reintroduced to boater education. Transport Canada responded that distress signal recommendation is already included in the required syllabus. TC commented that the while the particular device may be approved by USCG for certain applications, it is not accepted in Canada as a replacement for regulatory safety equipment (though could be carried as an additional device).

8 TC also noted that the current standards may be in the process of updates, and more work would be required before the demonstrated device could be considered acceptable as regulatory safety equipment TENTATIVE ITEMS FOR NEXT CMAC A request was made by the co-chairs for any tentative items for the next meeting. Sail Canada put forward a request to discuss the Navigation Protection Act Boating BC requested discussion or overview of potential industry impacts from the Canada European Trade Agreement (regarding vessel imports). Atlantic Marine Trades Association requested further discussion of Abandoned Vessels Sirius Signals requested discussion of regulatory harmonization regarding distress signals. 13. DROWNING PREVENTION SUMMIT BRIEF The Canadian Red Cross stated that the World Drowning Prevention Summit will be held in Vancouver in October 2017, and issued a personal invitation to attend on behalf of the Life Saving Society, who could not attend CMAC this year. Atlantic Marine Trades Association asked what delegates could do to help, answer was to share their interest. Canoe & Kayak Canada asked if there would be work by the Life Saving Society targeting risk groups such as newcomers to Canada? Answer was that this is difficult data to obtain, as coroners do not record this information. Primary focus for this reason remains males consuming alcohol while boating, and children 1-4 years old. 14. NPA UPDATE TC provided an update regarding the Navigation Protection Act. A legislative review is scheduled to begin in the coming months to examine the list of scheduled waterways. Consultation will be part of this process, and delegates were invited to participate. TC also stated that they will return to the committee at the next CMAC to provide a further update on progress. Sail Canada commented that delisted waterways are used by economically important sector (paddlers) and suggested they should be the focus of consultations.

9 Atlantic Marine Trades Association asked if there was a timeline for providing this feedback. It was answered that there was not yet a firm timeline for the consultation process, but a contact address was offered for those who wished to be informed further. 15. CLOSURE The co-chairs thanked delegates for their participation, and declared the meeting closed.