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Bans ship anchoring in Southern Strait waters

Full Title: An Act to amend the Canada Shipping Act, 2001 (anchorage prohibition)

Summary#

This bill amends the Canada Shipping Act, 2001 to ban vessels from anchoring in a defined area of the Southern Strait of Georgia, British Columbia. It exempts pleasure craft and creates a new offence with fines up to CAD $100,000 for violations. Cabinet can add more “prohibited waters” by order on the Transport Minister’s advice (s.23.1(4)).

  • Bans anchoring by non‑pleasure vessels within an area of about 1,394 km² in the Southern Strait of Georgia (Schedule 1.1).
  • Exempts pleasure craft from the ban (s.23.1(3)).
  • Sets a fine up to $100,000 on summary conviction for anchoring in prohibited waters (offence added after s.37).
  • Lets Cabinet expand the list of prohibited waters by order (s.23.1(4)).
  • Aims to address noise, light, and environmental impacts noted by residents and to protect sensitive habitat and species (Preamble).

What it means for you#

  • Households (Southern Gulf Islands and nearby coasts)
    • Large commercial ships will not be allowed to anchor in the listed waters near your community if the bill becomes law (Schedule 1.1).
    • This targets concerns about noise, light, and repeated anchoring near homes described by residents (Preamble).
  • Indigenous communities
    • Stops anchoring in waters where some First Nations said anchorages were set without consent (Preamble; s.23.1; Schedule 1.1).
    • The bill does not create a new consultation process or Indigenous co‑management in the Act (Bill text).
  • Workers (ship crews, pilots, tug operators)
    • You must plan voyages to avoid anchoring in the prohibited area; anchoring there could lead to a fine up to $100,000 on summary conviction (s.23.1; offence after s.37).
    • There is no explicit emergency or safety exception for commercial vessels stated in s.23.1 (s.23.1(2)-(3)).
  • Businesses (shipping lines, agents, terminals)
    • You cannot use the Southern Strait of Georgia area listed in Schedule 1.1 as an anchorage. Directing a vessel to anchor there risks prosecution and fines (s.23.1; offence after s.37).
    • Pleasure craft are exempt; commercial and other non‑pleasure vessels are not (s.23.1(3)).
  • Local governments and port authorities
    • You cannot rely on anchorages within the defined area for vessel staging or waiting (Schedule 1.1).
    • Cabinet may add more prohibited waters by order, which could affect other local waters in the future (s.23.1(4)).
  • Recreational boaters
    • Pleasure craft may still anchor in the area; the ban does not apply to you (s.23.1(3)).

Expenses#

  • Estimated net cost: Data unavailable.

  • No appropriations or new spending authority are included in the bill (Bill text).

  • Creates a fine up to CAD $100,000 per offence for anchoring in prohibited waters; any fine revenue depends on enforcement volume (offence after s.37). Data unavailable.

  • Federal enforcement, monitoring, and prosecution costs are not stated (Bill text). Data unavailable.

  • Industry compliance costs (e.g., rerouting, delays) are not estimated in public documents (Bill text). Data unavailable.

Proponents' View#

  • Reduces noise and light disturbances for coastal residents by replacing voluntary measures with a binding ban and penalties (Preamble; s.23.1; offence after s.37).
  • Protects sensitive habitat and culturally important foods (clam beds, prawns, oysters) and species at risk, including the southern resident killer whale, by removing anchoring in these waters (Preamble; Schedule 1.1).
  • Lowers the risk of vessels swinging at anchor, running aground, and causing ecological damage (Preamble).
  • Responds to concerns from some First Nations about lack of consultation and consent when anchorages were established in unceded territories, by prohibiting anchoring there (Preamble; s.23.1; Schedule 1.1).
  • Covers a large, clearly defined area (about 1,394 km²), making the rule clear to mariners (Schedule 1.1).
  • Allows Cabinet to add other sensitive waters if evidence shows a need (s.23.1(4)).

Opponents' View#

  • Removes a commonly used option for vessels to wait at anchor in southern B.C., which could affect port operations; the bill offers no alternative sites (Preamble notes increased anchorage use; s.23.1).
  • Sets a maximum fine of $100,000, which critics may view as high for some violations, especially if brief or inadvertent (offence after s.37).
  • Provides no explicit emergency or safety exception for commercial vessels needing to anchor to avoid danger, which could create safety dilemmas (s.23.1(2)-(3)).
  • Exempts pleasure craft but not commercial vessels, which some may see as an uneven rule across users of the same waters (s.23.1(3)).
  • Delegates broad power to Cabinet to expand prohibited waters by order, raising concerns about future restrictions without new legislation (s.23.1(4)).

Timeline

Nov 3, 2022 • House

First reading

Climate and Environment
Infrastructure
Trade and Commerce
Indigenous Affairs
Public Lands