Suggest contacting the Ministry of Transport Canada
as they have jurisdiction as to removing private moorings so likely have the authority for removing trespassing vessels from private moorings or could provide you with the proper agency contacts for enforcement.
and harbours that are established and regulated under
federal legislation. For problem vessels and structures in these areas, the first point of contact is the port authority, the harbour commission or the agent managing the harbour
The Province has the jurisdiction to control access to provincial Crown aquatic land. The Land Act and the Trespass Act contain provisions for dealing with trespass on Crown land. Policies
are in place to support legislation and there is existing direction regarding trespass on Crown land (e.g. structures built without authorization). Those policies are applicable on Crown land covered by water
however; the trespass policy is generic and does not provide specific direction
for dealing with what may appear to be problem vessels on provincial Crown aquatic land.
There are three federal agencies having a key role in the management of problem vessels and
Canada and sometimes a fourth agency,
Fisheries and Oceans Canada
Each agency has specific responsibilities but work
within a collaborative framework to address matters related to problem vessels and structures.
Transport Canada is the lead agency for ensuring the integrity of navigable waters. The Navigable Waters Protection Program (NWPP) of Transport Canada administers the Navigable Waters Protection Act (NWPA). Part 2 of the NWPA deals with obstacles and obstructions to navigation
. Should a problem vessel or structure be obstructing navigation
then NWPP has the
legislative authority to order the owner to take action to address the obstruction. Should the owner not take action or fail to comply with an order by NWPP to remedy the situation then the NWPA gives the NWPP the authority to act. Actions of the NWPP include marking, securing
and/or removing the obstruction.
Whenever a problem vessel or structure is sunk, moored or anchored in a narrow channel or at the entrance to a marina in such a way, that it makes navigation over top of or around it, extremely difficult or impossible; the situation can be reported to NWPP during regular business
hours by calling 604-775-8867 or e-mail to firstname.lastname@example.org
. The complaint will be assigned to an NWP Officer for follow up.
4.0 Vessels and Structures not defined as Obstructions to Navigation
Addressing problem vessels or structures that do not present an obstruction to navigation or immediately threaten public safety
or the environment
creates the most complex situations. All levels of government
are aware that there is public sensitivity towards perceived visual, environmental and safety
impacts whenever a problem vessel or structure is reported. Addressing public concerns is challenged by jurisdictional roles and legal
requirements and limited financial resources to meet public expectations. In instances where the problem vessel or structure does not pose an obstruction or an immediate risk to human safety or the environment, cooperative solutions are the best approach for successfully meeting public expectations.
There is existing policy direction regarding trespass on Crown terrestrial land (e.g. structures built without authorization). However, this direction is not specific to what appear to be abandoned vessels or structures on Crown aquatic land. The person(s) responsible for the trespass is responsible for removal
if ordered to do so by FLNRO. FLNRO will assess each
situation before taking action and will always discuss the situation with Transport Canada.
4.2 Federal Role
Many of the problem vessels and structures of concern to local government
and the public are not obstructions to navigation and therefore do not fall within the scope
of Part 2 of the Navigable Waters Protection Act. The Receiver of Wreck is a position currently residing within
Transport Canada. (Appendix B) Under Pat 7 of the Canada Shipping
Act, the Receiver has the ability to authorize the disposition of wreck that has a value of less than $5,000.00. Persons wishing to remove abandoned wreck having a value of less than $5,000.00 may seek permission from the Receiver of Wreck to take possession of the wreck and to dispose of it in accordance with any other applicable statue or regulation (e.g. Waste Management Regulations
or local government Bylaws). It has been observed that it is rare that wreck valued over $5,000.00 is brought to the attention of the Receiver of Wreck. In those situations, the wreck is usually reclaimed by the owner (or the owner’s insurer) or collected by a commercial
seeking to gain profit from the salvage
A moored vessel has to comply with the Transport Canada (TC) mooring buoy policy and the Private Buoy Regulations
of the Canada Shipping
Act 2001. If the vessel obstructs navigation or does not comply with other elements of the policy the buoy is subject to removal
the Private Buoy Regulations of the CSA 2001 (the vessel is ancillary to the buoy in this case) TC considers a mooring buoy a “work” for the purposes of Part 1 of the NWPA. However, TC has a national policy for the installation
of mooring buoys whereby an individual may place a mooring buoy for their own use without the need for an NWPA approval. The policy is
contingent upon the conditions that the buoy does not interfere with navigation and meets all the criteria of the policy and the regulations, with respect to size, shape color and marking of the buoy. For more information on TC’s mooring buoy policy or the Private Buoy Regulations
contact the Navigable Waters Protection Program of TC.
Generally, FLNRO does not require members of the public to acquire authorization to locate a mooring buoy on Crown aquatic land for personal use as long as it conforms to the TC and NWPA criteria mentioned above. FLNRO does require commercial/industrial users to obtain
provincial authorization to locate a mooring buoy and, there are requirements for authorization to install docks and wharves for personal and commercial/industrial use. FLNRO will become involved in situations where the positioning of a mooring buoy interferes with the interests of
others holding tenure on Crown land.
A further reference: https://www.leaguelaw.com/posts/regu...ivate-mooring/
. . .
"Many desirable bays have become congested with vessels whose owners store the vessel for longer than a “reasonable time, for a reasonable purpose,” impeding other’s use of the waterway, including upland property owners.
In closing, while writing this article I came across the following post in a boating blog: “In BC, the government told me they don’t give water lease for private moorings, so anyone is free to use any mooring they please, legally. I certainly do, after giving it a good shot of reverse to check it out”. This post highlights an interesting misunderstanding held by many people, and why the right of anchoring/mooring can at times be a paradox. Firstly, the Province does not issue leases for mooring buoys, but this does not mean that a mooring can be placed on Crown land (seabed) other than for a “reasonable time, for a reasonable purpose” without it being trespass. After all, that anchor or buoy, if left for an unreasonable time or an unreasonable purpose, is utilizing common property and depriving others of such use. Secondly, arguably that mooring buoy is the personal property of an individual, and attaching an unauthorized vessel to it is trespass to that person’s personal property. The paradox is that, at the same time, that buoy may be trespassing on Crown seabed. This begs the question – who is less in the wrong: the person trespassing on another’s buoy, or the owner of the buoy trespassing on public property? These are issues that can only be answered definitively once the courts have considered them."
Best be sure that your private mooring is in complete compliance with Canadian laws.
Private Buoy Regulations
CANADA SHIPPING ACT, 2001
Private Buoy Regulations
P.C. 1999-1364 1999-07-28
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Fisheries and Oceans, pursuant to sections 519 and 562Footnotea of the Canada Shipping Act, hereby makes the annexed Private Buoy Regulations.
Return to footnoteaR.S., c. 6 (3rd Supp.), s. 77
1 In these Regulations, private buoy means a buoy that is not owned by the federal government, a provincial government or a government agency.
2 These Regulations apply to every private buoy other than private buoys used to mark fishing gear
3 No person shall place in any Canadian waters a private buoy 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.
4 (1) No person shall place a private buoy in any Canadian waters unless
(a) the part of the buoy that shows above the surface of the water is at least 15.25 cm wide and at least 30.5 cm high;
(b) the buoy displays, on opposite sides, the capital letters “PRIV” that are
(i) as large as is practical for the size of the buoy, and
(ii) white when the background colour is red, green or black;
(iii) black when the background colour is white or yellow;
(c) the buoy complies with the requirements set out in Canadian Aids to Navigation (TP 968) published by the Canadian Coast Guard in 1995, as amended from time to time;
(d) the buoy displays, in a conspicuous location and in a permanent and legible manner, the name, address and telephone number of its owner;
(e) the buoy is constructed and maintained in a manner and with materials that ensure that it remains in position and retains the characteristics specified in paragraphs (a) to (d); and
(f) the buoy’s anchor is constructed and maintained in a manner and with materials that ensure that it remains in position.
(2) The owner of a private buoy placed in any Canadian waters shall ensure that the information required by paragraph (1)(d) is accurate at all times.
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.
SOR/2002-19, s. 1SOR/2010-27, s. 1
6 No person shall place in any Canadian waters a private buoy that has a light unless the light remains lit throughout the night and meets the requirements referred to in paragraph 4(1)(c).
7 The Minister of Transport may remove from any Canadian waters a private buoy that does not comply with these Regulations.
SOR/2010-27, s. 2
Coming into Force
9 These Regulations come into force on the date on which they are registered.
Marginal note:Regulations — Minister of Transport
136 (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations
(a) establishing VTS Zones within Canadian waters or in a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act;
(b) respecting the information to be provided and the procedures and practices to be followed by vessels that are about to enter, leave or proceed within a VTS Zone;
(c) respecting the conditions under which a clearance under section 126 is to be granted;
(d) defining the expression about to enter for the purpose of this Part;
(e) respecting aids to navigation in Canadian waters;
(f) regulating or prohibiting the navigation, anchoring, mooring or berthing of vessels for the purposes of promoting the safe and efficient navigation of vessels and protecting the public interest and the environment;
(g) respecting the safety of persons on Canadian waters for the purposes of sporting, recreational or public events
(h) specifying classes
of persons, or appointing persons, to ensure compliance with regulations made under any of paragraphs (b) and (e) to (g) and specifying their powers and duties; and
(i) prescribing anything that may be prescribed under this Part.
Or you could just cast the trespassing boat adrift.
Once the manager of the marina at which I rent a slip once towed a trespassing boat from the slip I was renting
for the season and took it a short distance away from the marina and just set it adrift; it floated away in a gentle breeze to God only knows where as it was nearing the end of twilight. I asked the marina manager what he would say to the owner of the trespassing boat when they returned and found their boat missing. He replied to my question with a simple question: "What boat?"