Problem Boats & Private Mooring Buoys

Under the Wrecked, Abandoned or Hazardous Vessels Act, you may not:

• Abandon your vessel
• Cause it to become a wreck because you fail to maintain it
• Sink, strand or ground your vessel on purpose
• Leave your vessel in poor condition in the same area for more than 60 consecutive days within a radius of 3 nautical miles without the authorization of the location owner
• Leave your vessel adrift for more than 48 hours without taking measures to secure it

Infractions can lead to fines up to $50,000 for individuals, and $250,000 for companies or corporations.

For more information:

• Understanding the Wrecked, Abandoned or Hazardous Vessels Act
• What else is the federal government doing about abandoned vessels?
• Be a Responsible Boat Owner

You've got a few options for disposal in the capital region:

• Donate your boat to a worthy cause:
  • Sail and Life Training Society (SALTS)
  • Adaptive Sailing Association of BC
• If your boat is beyond repair, you can recycle most of its parts. Visit What Goes Where to see how and where you can recycle everything from oily bilge water and propane tanks to engines and electronics (but make sure you're aware of any hazardous materials on board before you start taking things apart).
• Boats free of hazardous materials, prohibited items and recyclable materials can be disposed of at Hartland Landfill following the instructions outlined below.

Protect yourself and the environment.

Some boat components may contain asbestos, lead, PCBs or other hazardous materials which can be harmful to your health. Just like when you begin a renovation at home, precautions are needed to ensure that these materials are handled and disposed of safely.

Before you start taking things apart, a hazardous materials survey may be required to identify any potential materials that may be harmful to your health or require special disposal.

• Service providers [PDF/188KB]

Some common materials in boats that contain asbestos include:

• Window caulking/putty
• Electrical wire insulation/wrap
• Linoleum/vinyl sheet flooring
• Gaskets
• Sealants/adhesives

Other hazardous materials (hazardous waste) may include:

• PCB light ballast (fixtures)
• Hull paint (containing heavy metals)
• Lead painted surfaces

1. Learn how to dispose of your boat waste. Asbestos-containing materials (ACM) are accepted at Hartland Landfill by appointment only. ACM must be double-bagged in approved UN-rated 6 mil poly asbestos bags (available at safety supply stores). Read more on asbestos disposal >>
2. Determine if your boat's paint contains heavy metals. Leachable metal paints are prohibited from Hartland Landfill by provincial regulation, requiring disposal through a hazardous waste contractor. A qualified professional can collect samples to determine if your boat can be accepted at Hartland.
3. Apply for a controlled waste permit. Once you've removed and properly disposed of recyclables and any hazardous materials, the remainder of your boat is eligible for disposal at Hartland Landfill. Email for a disposal permit and/or testing instructions. Once you have obtained a permit, call Hartland Landfill at 250.360.3410 to make an appointment for disposal.

 In 2009, under the Government of Canada's commitment to reduce regulatory burden for Canadians, the Navigable Waters Protection Act (NWPA) was significantly amended to eliminate the authorization requirements for low-risk minor works in navigable waters where the type of work posed no significant impact on navigation.  This amendment resulted in the implementation of the Minor Works and Waters Order (SRO/2021-170) (MWO) which enabled some low-risk minor works (i.e., mooring systems including PMBs, boathouses, launch ramps, slip-ways, sewer pipes, and minor repairs) to be pre-approved under the Act and thus exempt from having to undergo the application and assessment process.

This means that any person or entity may install a PMB provided the buoy meets the requirements of Private Mooring Buoy Regulations (PMBR) and the NWPA. If the PMB is installed in accordance with MWO, then no authorization from TC is required.

As a result of the change to the regulations, local governments across the Capital Region have seen a severe increase in PMBs being placed within their meets and bounds. Although the NWPA does not prohibit the placement of buoys in front of private property, there may be other riparian, local, regional, or provincial rights or regulations that do.

Jurisdiction for PMBs lies primarily with Transport Canada, Navigation Protection Program (TC-NPP) and are regulated through the following:

Navigable Waters Protection Act (NWPA) 

The NWPA applies to all navigable waters in Canada including brooks, streams and waters that can float a canoe or kayak. Under the NPWA, the Minister has the authority to designate major and minor works in navigable waters. Buoys are a “work” and may require authorization from Transport Canada. The only buoys that do not require authorization before being placed are those that are built or placed in accordance with the criteria listed in the Minor Works and Waters Order, under the class of works called “Mooring Systems”.  This includes PMBs. Transport Canada does not keep a record of buoys that are considered minor works.

Minor Works Order (MWO)

The MWO (Minor Works Order (justice.gc.ca)) allows for minor works, which includes PMBs, to be built if they meet the criteria for the applicable class of works and specific terms and conditions for construction and that they do not impede navigation. Installation of a PMB is considered a minor work may proceed without an application for approval if they comply with the following legal requirements and criteria:

• A mooring system must consist of:
• Anchor set in/on bed of the navigable water
• A single anchor line
• A single mooring line
• A mooring line that attaches to a vessel
• Mooring systems can only be in locations where the navigable waters are greater than 100 meters in width and they cannot be associated with a marina. 
• The anchor of mooring system must remain in the location where it was set in or on the bed of navigable water. 
• The owner of a mooring system designated as a minor work, must not moor or permit others to moor a vessel that is more than 12 meters in length. 

• When a vessel is moored, the swing area (the area created by swinging of a vessel moored to a mooring system ) is:

  Water Depth	Max Swing area
  6m or less	50 m
  6-10 m	70 m
  10-14m	80 m
  >14m	100 m

• >20 m from work or from swing area of another mooring system (owned by others)
  • >50 m from marina or public boat-launching ramp
  • >50 m from navigation channel or, if there is no navigation channel, is not in, on, through or across a navigation route
  • Does not exceed max diameter when in tidal waters of certain depth as per table

• The owner of a mooring system designated as a minor work must remove the system if any component of the mooring system is removed or if no vessel has moored to the mooring system for a two-year period.

  Private Mooring Buoy Regulations (PMBR)

  The Private Mooring Buoy Regulations  (Private Buoy Regulations (justice.gc.ca)) established pursuant to the Canada Shipping Act, prescribe the mandatory marking, lighting, size, and placement requirements for private mooring buoys. 

• Placement and marking requirements include the following:
• Buoy is 15.25 cm wide and 30.5 cm above water surface
• Displays “PRIV” in large letters (black or white depending on buoy colour)
• Complies with Canadian Aids to Navigation System (TP 968), which directs that a mooring buoy is coloured white and orange, with the orange colour covering the top one third of the buoy above the waterline. A mooring buoy must have a yellow light, if lighted. The light must conform to the standards and guidelines in the Canadian Aids to Navigation System (TP 968). Retroreflective material, if used, must be yellow.
• Name, address, phone # of owner conspicuously displayed
• Buoy and anchor system constructed to remain in position

• Minister may remove a minor work if it does not comply with the PMBRs

  Enforcement

• TC-NPP is responsible to enforce PMB compliance with the NPWA, PMBR and the MWO which can include the following:
• Under NPA and PBR, unlawful works, including non-compliant buoys, may be subject to removal. It is important to note that this applies only to the buoy, not to any vessel or structure attached to it.
• Notices of non-compliance may be placed on unlawful works, providing a period of time to rectify deficiencies
• If the buoys remain unlawful after the specified date, they may be removed by TC
• TC will normally initiate public outreach, engage with other agencies that have overlapping jurisdictions
• TC actively involved in several multi-agency collaborative initiatives to develop long-term solutions to areas known to be congested with mooring buoys or those that are not in compliance with regulations. 
• NPP will offer guidance and support to local community initiatives to alleviate problem areas by providing input on developing public moorage facilities, or participating in the pre-development and consultative phases of community planning and bylaw development
• Transport Canada staff have indicated that PMB are not considered a right to navigation, therefore, there is no need to ensure provisions for temporary moorage and local government can restrict and/or ban the placement of PMBs within their Meets & Bounds.

In general, the Province of British Columbia is responsible for management of Crown land, including foreshore land and most submerged land. Most of the seabed in BC is considered Crown Land. 

The Land Act is an important part of the legislative and regulatory framework that guides the allocation and management of Crown land in BC. The Act largely governs the acquisition, disposition, management, administration, transfer and surveying of Crown land in BC and is the main legislation used by the government to convey land to the public by granting land or by issuing Crown land tenures in the form of leases, licences, permits and rights-of way. Important decision-making powers authorized under the Act include: 

• Determining if a disposition of Crown land is in the public interest; 
  • Temporarily reserving Crown land from disposition; 
  • Designating Crown land for a particular use; and 
  • Prohibiting certain uses of Crown land.

Provincial Crown does not generally regulate anchoring and mooring of vessels, and does not typically issue lease or licenses for anchorage and mooring buoys. Consequently, there are many areas where neither the Federal Crown, the Provincial Crown nor a local government regulate anchoring/mooring in an area, resulting in desirable bays 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.

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.

Land Use Operational Policy on Private Moorage

 The Province has a Land Use Operational Policy on Private Moorage (updated Jan 2019). This policy applies to the disposition of aquatic Crown land (inland and coastal) for private moorage facilities that are affixed to and/or occupy aquatic Crown land. A private moorage facility is a dock, a permanent boat way (i.e. boat ramp / rail), or a stand-alone boat lift that is permanently affixed to aquatic Crown land; it is intended for the personal and private residential use by one or a number of individuals or a family unit for boat moorage. 

The policy does not apply to mooring buoys used for private moorage. Provincial staff have indicated that since PMBs are regulated by the federal government and since the anchoring system of PMB is small, that they have made a policy decision to not include PMBs under this policy.  However, that does not take cumulative effect of many PMBs in a small area into account.

The objectives of the policy are to: 

• reduce risk of impacts associated with the construction and use of private moorage facilities; 
  • ensure that policy and procedures complement other provincial and federal agency requirements; 
  • provide flexibility to allow regional and site specific issues and conditions to be considered and addressed; 
  • provide dock owners with best management practices and requirements; and
  • provide for different forms of allocation, with a range of rights, interests and obligations to meet a variety of circumstances and proponent needs.

Given that there are more than 100 PMBs in each of Brentwood Bay and Tsehum Harbour, the cumulative effect of the PMBs does need to be considered. Local Governments could continue advocating to the province to change their policy.

Under the Private Moorage Land Use policy, there is a process where local governments can apply to be within a designated application-only area. In these areas, the General Permissions will not apply, docks will require an application for a Specific Permission. 

The application process will allow for site specific evaluation and consideration to address local circumstances and conditions before authorization is granted. Application-only areas will cover areas that will generally have a higher risk of impacts or user conflicts related to the construction and use of any size dock. Regional operations of the Authorizing Agency may work with provincial and federal resource agencies, First Nations and communities to identify appropriate application only areas. Once designated, information on these specific areas will be available from the Authorizing Agency. The intent is to provide an added tool for mitigating risks known to be associated with specific locations and areas of interest. 

Note that the designations are not done through a legal instrument; they are simply providing a description of the location for administrative purposes. Criteria for designating Application-only areas can include, but are not limited to: 

• narrow water bodies where riparian rights are at risk of being infringed, or 
• navigation and safety compromised (e.g. small coves, channels and sections of rivers);
• areas important for public access and use (e.g. beaches, areas adjacent to waterfront parks); 
• areas subject to local requirements associated with foreshore development 
• environmentally sensitive areas (e.g. fish spawning, critical habitat areas mapped by Ministry of Environment);
• areas where First Nations have generally expressed a strong interest, or have specifically requested consultation on all private moorage proposals;
• areas which contain Land Act dispositions or other government authorizations that are at risk of being in conflict with dock placement and use; and, 
• areas that are experiencing significant growth and concerns associated with waterfront development.

The Community Charter gives municipalities authority over zoning including the power to regulate land covered by water up to 300 metres from the high water mark of municipal boundaries. Notwithstanding, the regulation of navigation and shipping falls exclusively within federal jurisdiction. 

BC Court decisions (West Kelowna District v. Newcomb; City of Victoria v. Zimmerman) have ruled that, provided the seabed is within the boundaries of the local government, the local government may enact bylaws that limit anchoring and mooring, provided the purpose of the bylaws is to manage land (the seabed and adjacent upland properties) and not manage navigation. These decisions recognized some incidental interference with navigation and shipping must be allowed. The restriction to such bylaws is that they cannot interfere with anchoring or mooring for a “reasonable time, for a reasonable purpose”.

Through federal regulation there is a right to anchor (for safe harbour). There is clear legal precedence that enshrines the right to anchor, however, more recent case law suggests that while local governments cannot prohibit anchorage (i.e. must allow for temporary anchorage, related to safe harbour requirements) the right to safe harbour does not infer a right to permanently anchor within an area. 

Both federal and provincial staff have confirmed that local governments can prohibit or limit private mooring buoys within their metes and bounds through zoning, land use and structure bylaws.