Question Period Note: Walpole Island First Nation

On May 21, 2021, Walpole Island First Nation announced via social media an intent to implement a requirement for non-nation members to purchase a ‘pleasure craft licence’, issued by the Walpole Island First Nation, to access the bays and channels of their reserve. This requirement, announced to begin on June 1, 2021, would restrict certain pleasure craft navigation in specified waters surrounding Walpole Island.

• The Vessel Operation Restriction Regulations, established under the Canada Shipping Act, 2001, allows local authorities to seek federal government approval to restrict any pleasure craft or commercial vessel on all bodies of water in Canada.
• Walpole Island First Nation, as a local authority, can apply to create a Vessel Operation Restriction Regulations area. This is the only way to restrict vessel operation in navigable waters.
• Transport Canada is committed to working collaboratively with the Walpole Island First Nation Band Council.

If pressed:

• The federal government has jurisdiction over navigation and shipping, including the regulation of navigable waterways.
• Pleasure craft regulations are primarily enforced by local law enforcement agencies (i.e. police). The powers and duties of enforcement officers are specified under Part 10 of the Canada Shipping Act, 2001.
• First Nation Police agencies have authorities to enforce the requirements of Part 10 under the Canada Shipping Act, 2001 and Sec 16. of the Vessel Operation Restriction Regulations. Walpole Island First Nation constables are appointed under the Ontario Police Services Act.

• The Walpole Island First Nation social media post indicates the purpose of the $100/year ‘pleasure craft licence’ is to ensure the protection of sensitive ecological areas, such as fish habitat, and to recover costs of enforcement and administration. There is no existing legislation that permits Walpole Island First Nation to issue pleasure craft licences or charge for navigation.
• Walpole Island First Nation has reached out to Transport Canada multiple times in the past regarding both small and large vessels transiting around the island at high speeds and anchoring nearby the island, expressing concerns about pollution and erosion.
• A quick media scan has demonstrated there is mixed reaction to the Walpole Island First Nation ‘licence’ requirement; however, as the boating season ramps up, more recreational boaters may react negatively. In addition, it is expected that the term ‘pleasure craft license’, will produce confusion for recreational boaters who require a Pleasure Craft Licence under the Canada Shipping Act, 2001.

Location: Ontario Region