Good points Beemer. It is obvious that the author/lawyer is more familiar w Provincial verses Federal Shipping/Navigation laws - although he does reference them. His main assertion is that a mooring buoy is "permanent" - so Provincial laws may apply. or Not!
2 issues here - not stated nor described in the article:
1/ how does one assess "permanency" wrt buoys/moorings?, and
2/ the author never mentions what are normal and expected procedures wrt navigation (protected by common law) - which include at some points - anchoring.
My understanding wrt tenures is that drilling/installing a mooring ring/bolt is "permanent"; verses a tied line - which is "temporary". I don't see how a concrete anchor which has the ability to be pulled or removed is "permanent", along with the temporary line tied to the buoy. The author does not offer any supporting evidence/case law to back his assertions here. I think the author is out of his depth here in this area.
The CG does have the
Boating Restriction Regulations under the
Canada Shipping Act as the author described - which can be used to restrict boats and boating. They are actually called the "
Vessel Operation Restriction Regulations" and can be found at:
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-120/
CG publish a "
Local Authorities Guide" (TP14350, Catalogue No.: T29-75/2010E-PDF, ISBN: 978-1-100-16061-0) on how to apply to restrict navigation on a defined waterway using the above regulations. Basically any level of government (federal, provincial, municipal and territorial government authorities) can ask the federal government to restrict the use of all boats, either pleasure craft or commercial vessels on all bodies of water in Canada. They can "
ASK"... They also need to do their homework and consult affected user groups.
