Evidence of meeting #136 for Transport, Infrastructure and Communities in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was waves.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

André Bélanger  General Manager, Fondation Rivières
Colin Rennie  Professor, University of Ottawa, As an Individual
Jesse Vermaire  Associate Professor, Carleton University, As an Individual
Brad Thomson  General Manager, MacDonald Turkey Point Marina Inc.
John Gullick  Manager, Government and Special Programs, Canadian Power and Sail Squadrons

The Chair Liberal Peter Schiefke

I call this meeting to order.

Welcome to meeting number 136 of the Standing Committee on Transport, Infrastructure and Communities.

Before we begin the meeting, I want to remind all in-person participants to read the best practices guidelines on the cards on the table. These measures are in place to protect the health and safety of all participants.

Today's meeting is taking place in a hybrid format.

Pursuant to Standing Order 108(2) and the motion adopted by the committee on Monday, September 18, 2023, the committee is resuming its study on regulation of recreational boating on Canada's waterways.

All witnesses have completed the required connection tests in advance of the meeting.

Colleagues, I'd now like to welcome our witnesses here with us today and joining us online.

We have Dr. Colin Rennie, professor, University of Ottawa, who is appearing as an individual. Welcome to you, sir.

We have Dr. Jesse Vermaire, associate professor, Carleton University, who is appearing as an individual. Welcome.

From Canadian Power and Sail Squadrons, we have John Gullick, manager, government and special programmes, by video conference. Welcome to you, sir.

We also have André Bélanger and Coralie Massey‑Cantin from the Fondation Rivières.

Welcome.

Finally, from MacDonald Turkey Point Marina, Inc., we have Brad Thomson, general manager, who is joining us by video conference. Welcome to you, sir.

We're going to begin with opening remarks today.

Ms. Massey‑Cantin or Mr. Bélanger, you have the floor for five minutes.

André Bélanger General Manager, Fondation Rivières

Thank you for inviting us to speak to the committee.

For over 20 years, the Fondation Rivières has been dedicated to protecting the natural aspect of rivers, water quality and access to riverbanks. We believe in encouraging the growth of the respectful use of waterways. The more people use waterways and love rivers, the more people will want to protect them.

We recently completed a consultation process for a sustainable cohabitation model on the Richelieu River. We think that this should give you food for thought. This process was carried out with Covabar, the watershed organization responsible for protecting the river. It brought together 20 municipalities; four regional county municipalities, or RCMs; tourism business associations; environmental organizations; user representatives; Canot Kayak Québec; and Nautisme Québec. Everyone was around the table.

We listed 71 public and private river access points. You won't be surprised to hear that 70% of them were reserved or designated for recreational boating. This makes sense, since the Richelieu River is a major waterway between Canada and the United States. For a long time, it was used exclusively or almost exclusively by pleasure boaters, who still monopolize the entire body of water. This is no longer the case. The consultation process brought to light the desire of residents and elected officials to develop access for other types of use. These uses include canoeing, kayaking, paddle boarding, swimming, scuba diving—a popular activity in the Richelieu River—and fishing.

This enthusiasm for outdoor activities reflects a major trend. It goes hand in hand with public concern for environmental protection. In addition to being a navigable waterway, the Richelieu River ranks second in Quebec, after the Ottawa River, when it comes to the number of fish species. It's a rich area for biodiversity.

The consultation process also revealed that, to protect the river, only 30 of its 240 kilometres would require regulations. We would need to protect about 30 kilometres in areas where usage conflicts arise. In some places, this would mean prohibiting certain forms of navigation, limiting speed or maintaining a healthy distance from the shoreline. We could also develop navigation corridors. For example, where necessary, we could have one area reserved for divers and another for swimmers.

In principle, these are simple solutions. As you can see, they don't amount to much. Make a navigation corridor, install buoys, and so on. This would resolve a variety of issues. In practice, the solution is bound to be complicated. The current regulatory process is flawed, complex, outdated and needlessly cumbersome.

Transport Canada's premise is that education will resolve usage conflicts. That isn't true. Conflicts arise because certain uses aren't compatible. We need to set up protected areas for swimmers and areas where paddle boarders won't be knocked over by excessive waves or grazed by motorboats. We need to have the right use in the right place. That's the first premise.

The second premise is that usage conflicts don't arise with people of good will, but with offenders, meaning the people who don't want to listen to reason, who believe that the body of water belongs to them and who don't listen to recommendations.

We can talk about dialogue or education, but we can't educate people who don't want to be educated. Yet Transport Canada's whole approach to education is based on the premise that, if we educate, it will work. When we completed the consultation process concerning the Richelieu River, we found that a consensus emerged in favour of some type of regulations in certain areas. Unfortunately, we'll need to start the education process all over again. We'll do it because we have to. However, it's pointless and it bogs down the decision‑making process.

Moreover, the regulations don't provide the flexibility needed to find solutions adapted to the area's support capacity and to community aspirations. The solution lies in striking the right balance among multiple parameters, such as speed, number of boats, type of boat and permitted areas. However, this doesn't take environmental criteria into account at all. It doesn't protect the health of bodies of water.

In an attachment to our brief, which will be sent to the committee, we provided a short literature review outlining the potential impact of unregulated navigation on turbidity, or water clarity, on shoreline erosion and on the destruction of endemic aquatic grass beds.

To put it simply, grass beds are like aquatic grasslands populated with fragile and rare plants. When they are crushed by boat propellers, these plants take a long time to grow back. In some cases, they just don't grow back.

Other witnesses have spoken at length about the problem of wake boats. The science is clear on this. Wake boats produce a water column that is five to seven metres deep. This water column whips up sediment and destroys aquatic life. Waves made by ships that travel less than 300 metres from the shoreline accelerate erosion significantly. We did a simulation, and on the Richelieu River, there are very few places that are less than five metres deep.

We also consulted marina owners, and they were all in favour of regulations that would be reasonable, nuanced and adapted to the realities of the environment. Education alone does not create a sustainable model for co‑operation.

We have two recommendations for Transport Canada: deploy national navigation standards in partnership with Environment and Climate Change Canada, and adapt the process to take environmental considerations into account.

Now that we know about the problems caused by wake boats, what are we waiting for to set standards?

The Chair Liberal Peter Schiefke

Thank you very much, Mr. Bélanger.

We will now go to Dr. Rennie.

Dr. Rennie, the floor is yours. You have five minutes, sir.

Dr. Colin Rennie Professor, University of Ottawa, As an Individual

Thank you to the committee for this opportunity to speak to you today.

At the outset, I want to note that I did speak to this committee a couple of years ago, as some of you may remember, on the topic of the impact of commercial shipping on shoreline erosion. At that time, I summarized a study on the St. Lawrence River that I was conducting. I reviewed the physics of large-ship wake waves in narrow channels, new measurement technologies, nature-based shoreline protection strategies and current research needs. Here, in collaboration with my colleague Professor Jesse Vermaire from Carleton, I'll discuss wakes produced by pleasure craft.

The likelihood of a boat wake contributing to bank erosion depends on the power of the waves; the water surface elevation with respect to the bank; and bank characteristics that determine bank stability, such as bank angle, sediment grain size, cohesion, consolidation, pore pressure and vegetation. It's not only large ships that may induce shoreline erosion; smaller pleasure craft can also generate relatively large waves. Wake boats, as an example, are specifically designed with a deep draft to induce a large wake for recreational purposes, such as water-skiing.

While pleasure craft are generally too small to generate a large primary drawdown wave, which is what I discussed on the St. Lawrence, the subsequent V-shaped Kelvin wake wave can be large enough to erode shoreline bank sediments. This has been documented in some previous studies. For example, as reference, Bauer et al., 2002, estimated erosion rates of between 0.01 millimetres and 0.22 millimetres per boat passage. That's a small amount per passage, but the cumulative effects of thousands of passages could be substantial.

We believe there is a need to identify where zero-wake zones and speed limits are required to reduce shoreline erosion and ecological impacts associated with recreational watercraft use.

Pleasure craft boat wake has been implicated as a possible contributor to shoreline erosion on the Rideau Canal waterway. As part of a larger NSERC-funded study in collaboration with Parks Canada, we've been working on measuring boat wake waves and turbidity associated with various pleasure craft in the Rideau River. We have a study site near Eccolands Park, just south of Ottawa.

The experimental design involves running various individual boats at set speeds and distances back and forth past an eroding river shoreline cutbank. I will focus here on three boat types—an 18-foot bass boat, a 22-foot wake boat and a 29-foot small cruiser, as you would typically see on the Rideau. The boat speeds we used were slow, medium and fast for each type of boat. The distances from shore were 30 metres, 60 metres and 100 metres.

We collected various data with several instruments, but here I'll focus on water level and turbidity collected with an RBRduo instrument at 2 hertz. We placed this instrument six metres from shore to measure the waves and the turbidity. I also took repeat measurements of the bank over a couple of years using a survey-grade GPS to monitor recession of the bank.

As each boat passed and the wake wave train impacted the riverbank, sediments were entrained, resulting in increased turbidity. We processed the water level data to extract what's called the “significant wave height”, which is the average of the top one-third of the waves in the wake train. We also processed the turbidity to see how much the increment in turbidity was during that passage of the boat.

We have a number of preliminary observations.

First, wake waves from pleasure craft dissipate as they propagate. Thus, waves impacting the riverbank are larger if generated near the shore than if generated farther from shore. This is even on a small waterway like the Rideau. We could see a difference based on how far away the boat was.

Each boat produced a maximum significant wave height when run at medium speed. This is because at medium speed, the boat is not planing, and thus pushes more water and displaces more water. For the three boats that I'm talking about here, the medium speed was on the order of 20 kilometres per hour.

Maximum significant wave heights produced by the small cruiser and the wake boat were similar, on the order of 15 centimetres. This was larger than those produced by the bass boat, which was on the order five centimetres.

The turbidity increment increased almost linearly with the significant wave height, which suggests that shoreline erosion will be a function of wave height.

Lastly, I did measure a recession of the bank over a year's time. It was 10 centimetres at the bank top and about half a metre at the bank bottom, suggesting that the bank is getting steeper over time.

Thank you.

The Chair Liberal Peter Schiefke

Thank you very much, Dr. Rennie, and welcome back. I want to remind you that on your third visit, you become an honorary member of the transport committee.

Voices

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The Chair Liberal Peter Schiefke

We will now go to Dr. Vermaire.

Professor, the floor is yours. You have five minutes, sir.

Dr. Jesse Vermaire Associate Professor, Carleton University, As an Individual

Thank you for inviting me and allowing me to present at this committee.

I'm an associate professor of environmental science and geography at Carleton University. I have expertise in aquatic ecosystems, near-shore environments and how human activities can change near-shore environments.

As stated by my colleague Professor Colin Rennie, we've been collaborating on a research project. Colin discussed the experimental work we've been doing. Today I'll talk about some observational work on boat passes on the Rideau River that we've also just done. This is part of a larger NSERC-funded project.

In the summer of 2023, we carried out observations on boat passes at two sites on the Rideau River. The first was the W.A. Taylor conservation area at 3250 River Road in Ottawa, and the second was at Eccolands Park, again on River Road. Both sites are popular for boating because they have marinas or public boat launches that are available and free to use.

All of our observations on boat passes were made during the day—typically between 10 a.m. and 6 p.m.—and in weather considered good for boating. We weren't out when it was a rainy day, for example. That's what these observations were based on.

Our first observation, based on access to information data, was that recreational boating is very popular in Ontario. This is data from during the pandemic. On average, 18,400 new pleasure craft licences have been issued each year in Ontario from 2019 onward.

On the Rideau waterway, as is likely elsewhere, the number of recreational boat passes per hour was very site-specific and depended greatly on the weather and the day of the week—whether it was a weekend or a holiday, for example.

The Rideau system is popular for travelling longer distances. However, with the exception of cabin cruisers, most boats stayed within one section of the river and didn't transit the lock stations. Over 57 hours, we observed 838 boat passes. That's approximately 15 boat passes per hour, on average. Boat passes reached a maximum of 72 per hour during the August civic holiday long weekend. That also coincided with a fishing tournament near the site.

The most common boat types we observed were personal watercraft. Smaller motorboats were 21% of all boat passes, followed by fishing boats, such as small aluminum boats, at 18%. Cabin cruisers and yachts made up 14% of all boat passes. Bowriders and decked boats were 13%, and pontoon boats were 8.5%. Water sport boats as a combined category—water-skiing, wakeboarding or wakesurfing boats—accounted for 13.5% of all boat passes. Wakesurfing boats were fairly rare, accounting for only 2% of all boat passes we observed.

We also noted that no water sport activities were observed in posted no-wake zones on the canal at our sites close to marinas, suggesting that recreational boaters are respecting the posted no-wake zones near marinas.

Similar to the experimental work Colin mentioned, our observational study shows that cabin cruisers and wakesurfing boats produced the greatest wave heights on the Rideau Canal. The purpose of this observational work was to compare experimental work with the real-world situation of how boats are passing through and using the canal.

We're also currently investigating how recreational boating is influencing the underwater soundscape. Because I'm also an ecologist, I'm interested in that. There's very little data on that for fresh water. While we need to collect more data and analyze it, it's very clear that recreational boating is the dominant anthropogenic noise in the underwater soundscape in the Rideau waterway.

Thank you.

The Chair Liberal Peter Schiefke

Thank you very much, Dr. Vermaire.

Next we will go to Mr. Thomson.

Mr. Thomson, the floor is yours. You have five minutes for your opening remarks, sir.

Brad Thomson General Manager, MacDonald Turkey Point Marina Inc.

Thank you.

Good afternoon, Mr. Chair and members of the committee.

My name is Brad Thomson. I'm the general manager of MacDonald Turkey Point Marina. I've been in the boating industry for 34 years full time, after eight years of part-time work, starting at age 11.

I'm here today regarding funding cuts to CanBoat's flare disposal program. CanBoat was formerly called the Canadian Power Squadron.

The disposal of expired flares is a very concerning public safety issue. MacDonald Turkey Point Marina alone has sold 438 flares this year, and we currently have over 500 expired flares in our possession. Customers bring these flares into our store or leave them at our door, and we've even found them in and around our garbage containers.

Expired flares are hazardous goods that require special handling and disposal services. Not only are these expired flares a safety risk to our marina staff and the disposal service we use, but they're also an extreme hazard to the environment, including lakes, landfills and wildlife.

Federal regulations require boaters to carry Transport Canada-approved flares on their boats. The flares are valid for four years from the date of manufacture that's indicated on the flares. Considering the number of recreational boats across our country, the result is an extremely large quantity of expiring flares on a regular basis, with no cost-effective or regulated way to dispose of them.

On November 9, 2021, the Transport Canada policy of acceptance of electronic visual distress signals in lieu of pyrotechnic distress signals on pleasure craft came into force. I'm uncertain how many boaters are aware of electronic signals as an alternative to flares, because Transport Canada's “Safe Boating Guide” is dated July 2019, so it's almost five years old. That's over two years before the policy came into effect.

On behalf of the boaters and marine operators of Canada, we would like to see federal funding reinstated to CanBoat for its flare disposal problem and also see Transport Canada update its safe boating guidelines, both online and in print, to advise boaters of the use of alternative electronic signals.

I'm also here today representing MacDonald Turkey Point Marina regarding Transport Canada and the Canadian Navigable Waters Act, which has impacted our rights to control the waterways within the marina.

MacDonald Turkey Point Marina has been under current ownership since January 31, 2005, with the marina itself dating back to the 1950s. It was through the hard work of man and machine in the 1950s that the waterways were dug out to create the marina. MacDonald Turkey Point Marina owns the bed of the waterways within the marina, as indicated in the following quotes taken from a Transport Canada letter dated February 6, 2020:

The letter provides the official position of Transport Canada and supersedes all previous correspondence....

The Government of Canada does not own the bed of the channels that form part of the Turkey Point Marina.

The Canadian Navigable Waters Act applies to the channels within the property known as the Turkey Point Marina.

The Canadian Navigable Waters Act prevents the marina from having any control over its waterway. As a result of the Transport Canada letter, the Ontario Ministry of Natural Resources, in a letter dated March 4, 2024, has taken the following position, as quoted from that letter:

The Ministry is of the opinion that Turkey Point Marina may not restrict the public's right to fish in navigable waters, regardless of the ownership of the bed....

Fishermen impede navigation in our channel rather than promote it. They can be a hindrance and a danger to navigation within our waterways. On any given Saturday or Sunday during the summer, we can have upwards of 1,200 boats within our busy waterways.

We also have an issue with troublesome former customers who have “no trespassing” orders issued against them to stay off the marina property. With right of access to our waterways, they can still disturb our customers.

It's nearly impossible to enforce these orders through local conservation officers and the Ontario Provincial Police due to the waterway access. MacDonald Turkey Point Marina would like Transport Canada to review the marina's control over its waterways.

Our industry is also dealing with the burden of the luxury tax that has cost our industry millions due to reduction in boat sales, job losses and business closures. Also, considering the volume of gas we sell at the marina gas bar, the carbon tax is an additional expense to our customers.

On behalf of all our customers and all those in the industry, we are asking that the government reconsider these taxes.

Thank you for you time and attention to these details.

5 p.m.

Liberal

The Chair Liberal Peter Schiefke

Thank you very much, Mr. Thomson. That was five minutes and two seconds. Well done, sir. We very much appreciate that here at committee.

Mr. Gullick, last but not least, sir, I'm turning the floor over to you. You have five minutes for your opening remarks.

John Gullick Manager, Government and Special Programs, Canadian Power and Sail Squadrons

I'll try not to repeat Brad's comments too much about flare disposal, but hat's really what I'm here to talk about.

We are requesting that Transport Canada please provide funding for the safety education and flare disposal program to Canadian Power and Sail Squadrons, which was previously administered through CPS-ECP and is now called CanBoat/NautiSavoir across Canada in both official languages. There is no other Canada-wide program, and there are only a few local disposal options left.

As members of the boating industry, we are keenly aware of how many boaters are carrying both the pyrotechnic distress flares required by Transport Canada regulations as well as older flares that are now expired and potentially dangerous.

Pyrotechnic distress flares require proper disposal. In recent years, many disposal options through municipal waste management and other government agencies, like police and fire departments, have now been discontinued. Many people do not know how to dispose of their expired flares and therefore do so inappropriately.

The Transport Canada-funded Canadian Power and Sail Squadron's CanBoat distress flare collection and disposal program has been very successful. It was national in scope, in both English and French, and has collected over 200,000 of any brand of flare that boaters brought to a CPS-ECP CanBoat flare disposal event. Those events have been taking place since 2000. They were staffed by trained CanBoat volunteers and operated in concert with CIL Orion Explosives, which properly handles the actual disposal and funds 40% of the cost of that disposal.

Funding of these events under the boating safety contribution program was not renewed after 2022. Just FYI, the cost of disposing of an average recreational flare is about $2.50, and then shipping will add another $1.00 to $1.50 to that amount, so you can see how much it actually costs to dispose of these things.

We know that it's dangerous for municipal workers to find these discarded in household garbage. Environmentally, it's very dangerous, as well as illegal, for individuals to fire off flares unless there is a legitimate emergency. You can understand the environmental effect because, these flares, when they start to weep.... I mean, what you're talking about is an explosive, plain and simple. We had instances, which have been reported, in which workers actually had flares go off in their hands.

Again, for the sake of the safety of Canadian boaters nationwide, we ask that you please provide the funding to Canadian Power and Sail Squadrons—CanBoat/NautiSavoir—for this unique program. I say this respectfully as John Gullick.

The Chair Liberal Peter Schiefke

Thank you very much, Mr. Gullick.

We begin our line of questioning today, and for that I turn the floor over to Dr. Lewis.

Dr. Lewis, you have six minutes. The floor is yours.

5:05 p.m.

Conservative

Leslyn Lewis Conservative Haldimand—Norfolk, ON

Thank you.

Thank you to all the witnesses for coming here today.

My first question is to Mr. Thomson.

Mr. Thomson, I've been hearing from various operators that they're suffering under increased costs, including utility costs. How much have you seen your utility and fuel costs increase over the past few years?

5:05 p.m.

General Manager, MacDonald Turkey Point Marina Inc.

Brad Thomson

I'm sorry, but you're breaking up there. I couldn't hear you at all.

5:05 p.m.

Conservative

Leslyn Lewis Conservative Haldimand—Norfolk, ON

Okay. Let me start with another question, then.

How have government regulations, like the carbon tax or the Navigable Waters Act, impacted the marina and boating industries?

5:05 p.m.

General Manager, MacDonald Turkey Point Marina Inc.

Brad Thomson

For the boating industry, the Canadian Navigable Waters Act directly affects private enterprise. We're a private marina here. It's not like it's the middle of the lake. We try to do our best to control what goes on in here, and sometimes we have people here who do not want to act with respect. There are sometimes 2,000 or 3,000 people in here on a Saturday or Sunday afternoon. They come in with a high rate of speed and create a large wake that can damage property, but also they'll stop and fish in the middle of the channel or play their music right around dinner time when people are trying to enjoy dinner with their family.

Unfortunately, at this time, in the way the Canadian Navigable Waters Act is read and the way that some of the other agencies, such as the Ministry of Natural Resources, are interpreting it, these people are allowed to stop and anchor right in our waterway. We don't have an entrance and an exit; we have one entrance, and the exit is the same here at MacDonald Turkey Point Marina, so it makes it very difficult to have any kind of control in our waterway.

It's no different here in Long Point Bay from any of the marshes and hunting clubs along the north shore of Lake Erie. They're all posted as no trespassing, but now everybody can go in there and fish, whereas previously they were capable of keeping folks out.

5:05 p.m.

Conservative

Leslyn Lewis Conservative Haldimand—Norfolk, ON

You also mentioned the carbon tax. Can you elaborate on how the carbon tax is affecting your business?

5:05 p.m.

General Manager, MacDonald Turkey Point Marina Inc.

Brad Thomson

The carbon tax affects our business directly because we're a big fuel resale business. Here at the marina, we're finding that people are just are not using their boats as much as they were. When they're coming over to the gas bar, they're not travelling. They're maybe not doing the visits down to Buffalo or up to Windsor or maybe doing part of the Great Loop or going up to the Goderich area. They're staying local. Instead of coming to the fuel dock every Saturday or Sunday afternoon, we're seeing them come once a month now, and they're only going up the beach and anchoring.

The biggest complaint is the cost, the cost of fuel and taxes and whatnot. The carbon tax is a big thing. A lot of people are really keeping their money tight to their jeans. They're not willing to spend it and they're not going very far from home, and that affects tourism all up and down the lake.

5:05 p.m.

Conservative

Leslyn Lewis Conservative Haldimand—Norfolk, ON

Okay, thank you.

My next question is for Mr. Gullick.

With respect to the flares that you spoke about, how have the changes to the regulations over the years affected how expired flares are disposed of?

5:05 p.m.

Manager, Government and Special Programs, Canadian Power and Sail Squadrons

John Gullick

Essentially, all of the options, or pretty well all of the options, have been removed over the years. We've been required to carry flares on most vessels for as long as I can remember, and that goes back something like 50 years.

You have to carry six flares, and they're good for a four-year period. Then you have to get another six flares, and then another six flares. You'll get rid of them over time. The problem is that those options that were available to boaters—for the most part being able to drop them off at fire stations and police stations and so forth, and I'm not sure about the municipal special stuff—have all been removed, so there are no options.

5:10 p.m.

Conservative

Leslyn Lewis Conservative Haldimand—Norfolk, ON

Have you ever had a time where government was more active in assisting boaters to dispose of these expired flares, which could be an environmental and health hazard?

5:10 p.m.

Manager, Government and Special Programs, Canadian Power and Sail Squadrons

John Gullick

The government has never been active in assisting boaters in disposing of their outdated flares, to my knowledge.

5:10 p.m.

Conservative

Leslyn Lewis Conservative Haldimand—Norfolk, ON

Have the regulations changed recently? What has changed so that this has become such a big problem?

5:10 p.m.

Manager, Government and Special Programs, Canadian Power and Sail Squadrons

John Gullick

What's changed is that there aren't any options, or very few options, available to get rid of your expired flares—