HomeMy WebLinkAbout2001-21 Boating Safety & Aquatic Invasive SpeciesCOUNTY OF NEWELL
IN THE PROVINCE OF ALBERTA
BYLAW NO. 2001-21
BEING A BYLAW OF THE COUNTY OF NEWELL, IN THE PROVINCE OF ALBERTA, FOR THE
PURPOSE OF ENCOURAGING WATER SAFETY AND TO MAINTAIN AND PROTECT
MUNICIPAL WATER AND IRRIGATION INFRASTRUCTURE, THE ENVIRONMENT, AND
OTHER PROPERTY BY CONTROLLING AND PROVIDING REGULATIONS AND PENALTIES
PERTAINING TO PREVENTING CERTAIN AQUATIC INVASIVE SPECIES FROM ENTERING
THE MUNICIPAL AND EASTERN IRRIGATION DISTRICT INFRASTRUCTURE NETWORKS,
INCLUDING THE ORDERLY AND SAFE LAUNCHING AND OPERATION OF WATERCRAFTS
WHEREAS, Section 7of the Municipal Government Act, RSA. 2000 c. M-26 provides that Council
may pass bylaws for the safety, health & welfare of people and the protection of people and
property;
AND WHEREAS, pursuant to Section 60 of the Municipal Government Act aforesaid which
provides that subject to any other enactment, a Council has control and management of, among
other things, rivers, streams, watercourses and other bodies of water within the municipality
including the air space above and the ground below;
AND WHEREAS the County of Newell has a large amount of infrastructure susceptible to certain
aquatic invasive species;
AND WHEREAS the County of Newell has a large number of watercraft usage within the Eastern
Irrigation District network;
NOW THEREFORE, the Council for the County of Newell, in the Province of Alberta, duly
assembled, hereby enacts as follows:
1. TITLE:
This Bylaw may be cited as the "Boating Safety and Aquatic Invasive Species Bylaw".
2. DEFINITIONS:
(1) In this Bylaw:
(a) "Act" means the Municipal Government Act, RSA 2000, c M-26, and
amendments thereto, or the Provincial Offences Procedures Act, RSA 2000,
c P-34 and amendments thereto, as applicable;
(b) "Approved Inspection" means an inspection conducted by a group,
organization or governing body as approved by the EID and the County;
(c) "Approved Watercraft Launch" means a watercraft launch designated by
the EID or the County of Newell as noted in Schedule "D";
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(d) "Aquatic Invasive Species" means those non-native organisms, as noted
in Schedule "F", that have been brought from other places into Alberta by
being in or on Watercrafts and that can cause harm to the irrigation
infrastructure and other property;
(e) "Aquatic Invasive Species Prevention Program" referred to as "AIS
Prevention Program" in this Bylaw means the program established by the
Eastern Irrigation District to prevent the introduction and spread of Aquatic
Invasive Species as per parameters set out in Schedule "E";
(f) "Chief Administrative Officer (CAO)" means a person appointed to that
position by the County of Newell Council as per section 205 of the Municipal
Government Act, RSA 2000, c M-26;
(g) "Commitment Form" means a form signed by an EID employee and a
Watercraft Owner, where the Watercraft Owner is agreeing to follow the
regulations and rules set out in the Aquatic Invasive Species Prevention
Program as noted in Schedule "B";
(h) "Council" means the Council of the County of Newell;
(i) "County" means the County of Newell;
(j) "Decal" means a decal issued to a Watercraft Owner by the EID or Inspector
in accordance with this Bylaw as per Schedule "C";
(k) "Decontamination" means the cleaning and disinfection of, and/or the
eradication or clearing of, Aquatic Invasive Species or subject water or both
from a Watercraft or trailer;
(1) "Eastern Irrigation District (EID)" means the Irrigation District which
operates within the County of Newell under the authority of the Alberta
Irrigation Districts Act, RSA 2000, c 1-11;
(m) "Highway" has the same meaning as in the Traffic Safety Act, RSA 2000, c
T-6;
(n) "High Risk Area" means an area that has been designated in writing by the
County or the EID, which poses a higher risk of the presence and introduction
of Aquatic Invasive Species;
(o) "Inspection Form" means a document given to a Watercraft
Owner/operator by an authorized representative of the Government of
Alberta stating that the Watercraft has had an official inspection for Aquatic
Invasive Species;
(p) "Inspector" means either an employee of the EID hired to inspect
Watercrafts, or an administrator of the EID Aquatic Invasive Species
Prevention Program and includes EID campground staff, or a Peace Officer
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as defined in this Bylaw;
(q) "Owner" means a person who owns or has possession or control over a
motor vehicle, trailer or a Watercraft and includes any person renting a motor
vehicle, trailer, or a Watercraft or having the exclusive use of a motor vehicle,
trailer, or a Watercraft under a lease agreement;
(r) "Peace Officer" means:
i. a Community Peace Officer as appointed by the Solicitor General of
Alberta,
ii. a Bylaw Enforcement Officer as appointed by the County of Newell to
enforce bylaws of the County, or
iii. a member of the Royal Canadian Mounted Police.
(s) "Trailered Watercraft" means a Watercraft loaded on a Watercraft trailer or
other trailer;
(t) "Waterbodies" means any Reservoir, Lake, Pond or Conveyance of Water
within or connected to the Eastern Irrigation District Network as noted in
Schedule "G";
(u) "Watercraft" means a boat, ship or other craft designed, used or capable of
being used for navigation in, on, through or immediately above water, without
regard to method or lack of propulsion, and includes a vessel that is under
construction;
(v) "Violation Tag" means a notice or tag in a form as approved by the CAO,
issued by the County of Newell allowing a voluntary payment option of a fine
established under this Bylaw; and
(w) "Violation Ticket" means a ticket issued pursuant to Part 11 of the Provincial
Offences Procedures Act, RSA 2000, c P-34, as amended and any
regulations thereto.
3. LIMITATIONS
(1) Any obligation or authorization given by or under this Bylaw shall affect only to the
extent that such obligation or authorization does not involve contravention of the
Fisheries (Alberta) Act, RSA 2000, c F-16, the Fisheries Act, RSC 1985, c F-14 or
any other applicable law.
4. OWNER AND OPERATOR RESPONSIBILITIES
(1) All Watercraft in the County of Newell are subject to this Bylaw.
(2) An Owner or Watercraft operator:
(a) Must participate in the AIS Prevention Program prior to launching a
Watercraft in Waterbodies;
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(b) Shall ensure Watercrafts are clean, drained and dry after use and prior to
transportation within the County; and
(c) Shall obey all signs posted by the EID restricting Watercrafts or the launching
of Watercrafts.
(3) If a Watercraft has left the Province of Alberta, the Owner or Watercraft operator's
participation in the AIS Prevention Program is void and the Owner or Watercraft
operator must re-enter the AIS Prevention Program. Additionally, the Owner or
Watercraft operator must:
(a) Produce an Inspection Form corresponding with the trip from an Approved
Inspection and;
(b) If coming from a High -Risk Area and it is required, have proof of
Decontamination that has been done during an Approved Inspection; and
(c) Give details to an Inspector as to where the Watercraft is coming from and
what waterbodies it was in.
5. LAUNCHING A WATERCRAFT
(1) An Owner or Watercraft operator shall not launch a Watercraft or Trailered
Watercraft in Waterbodies if there are Aquatic Invasive Species on or in the
Watercraft or the trailer upon which the Watercraft is being transported.
(2) An Owner or Watercraft operator shall not launch a Watercraft or Trailered
Watercraft in Waterbodies if there is foreign standing water in the Watercraft.
(3) An Owner or Watercraft operator shall not launch a Watercraft or Trailered
Watercraft in Waterbodies at any place other than at an Approved Watercraft
Launch.
(4) An Owner or Watercraft operator shall notify EID staff at campground offices or the
main EID office prior to launching a Watercraft in Waterbodies, this includes
Watercrafts already participating in the AIS Prevention Program.
(5) Until approval has been granted by an Inspector, an Owner or Watercraft operator
shall not launch in Waterbodies a Watercraft that has not previously been enrolled
in the AIS Prevention Program.
(6) An Owner or Watercraft operator shall not launch in Waterbodies a Watercraft
which has entered the County from a High -Risk Area regardless of being registered
with the AIS Prevention Program until approved to do so by an Inspector.
(7) Until approval has been granted by an Inspector an Owner or Watercraft operator
shall not launch in Waterbodies a Watercraft which has left and re-entered the
Province of Alberta.
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6. PREVENTION PROGRAM
(1) The EID will provide the following documentation to Owners and Watercraft
operators participating in the AIS Prevention Program:
(a) An AIS Prevention Program and Commitment Form, as per Schedule "B";
and
(b) An AIS Prevention Program Decal as per Schedule "C".
(c) Any other form the EID or the County finds necessary to carry out the AIS
Prevention Program
(2) A completed AIS Prevention Program and Commitment Form shall include:
(a) Owner or Watercraft operator name, address and phone number;
(b) Watercraft make and model;
(c) Hull identification number, if applicable;
(d) Pleasure Craft Licence number, as per requirements in the Canada Shipping
Act, SC 2001, c 26;
(e) Trailer Licence plate number;
(f) Towing Vehicle Licence plate number;
(g) Last waterbody the Watercraft was used in; and
(h) Whether or not the Watercraft has left the Province of Alberta within the last
thirty (30) days.
(3) An Owner or Watercraft operator must enter into an agreement as per the AIS
Prevention Program and Commitment Form in Schedule "B".
(4) A Decal shall include:
(a) The current year and the date of inspection/enrollment in the AIS Prevention
Program; and
(b) Pleasure Craft Licence, if applicable.
(5) An Owner or Watercraft operator shall affix the Decal to the port (left) side of the
Watercraft's windshield or where practicable on the port (left) side of the Watercraft.
(6) All Owners or Watercraft operators are required to have a Pleasure Craft Licence
as Per the Canada Shipping Act, SC 2001, c 26, and must display a Pleasure Craft
Licence that is registered in the name of the Owner or Watercraft operator before
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participating in the AIS Prevention Program.
(7) An Owner or Watercraft operator shall not provide any false or misleading
information, including verbal communication, regarding the Watercraft participating
in the AIS Prevention Program.
(8) An Inspector may deny the Participation of any Watercraft in the AIS Prevention
Program if, on reasonable grounds, it is believed:
(a) The Owner or Watercraft operator has provided false or misleading
information; or
(b) The Watercraft may be an Aquatic Invasive Species contamination risk to
Waterbodies.
7. INSPECTION
(1) An Inspector may request to inspect a Watercraft for compliance with this Bylaw
before it launches, and may also require the Owner of Watercraft operator to
produce:
(a) Proof of participation in the AIS Prevention Program, which will include a
Decal and the AIS Prevention Program and Commitment Form; and
(b) An Inspection Form for all Watercraft originating from outside of the Province
of Alberta since their last launch occurred.
(2) An Owner or Watercraft operator shall participate in an inspection when requested
by an Inspector.
(3) A Watercraft shall not be launched when the Owner or Watercraft operator fails to
fully participate in an inspection.
(4) Inspections may include but are not limited to
(a) Anchors;
(b) Bilge areas;
(c) Hull;
(d) Life jackets and paddles;
(e) Live wells;
(f) Motor, including drives and any power train components that utilize fresh
water;
(g) Wet storage compartments;
(h) Trailer; and
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(i) Any other area on a Watercraft or trailer used to haul a Watercraft in which
an Inspector believes, on reasonable grounds, Aquatic Invasive Species may
be located thereon or therein.
(5) An Owner or Watercraft operator must provide reasonable assistance to an
Inspector and shall:
(a) Remove ballast bags if applicable;
(b) Demonstrate internal holds are dry;
(c) Engage bilge/ballast pumps if applicable; and,
(d) Lower motor(s) or drive(s) to remove any standing water.
(6) An Inspector may deny the launching of a Watercraft which, in the opinion of the
Inspector, is a contamination risk to Waterbodies of where the Owner or Watercraft
operator failed to fully participate in an Inspection or to produce documentation that
may be requested by an Inspector.
(7) An Owner or Watercraft operator shall not provide any false or misleading
information to an Inspector.
8. TRANSPORTATION
(1) No person shall transport a Watercraft on any Highway in the County if the
drainage holes of the Watercraft are blocked with a plug.
(2) No Person shall transport a Watercraft on any Highway in the County if there are
Aquatic Invasive Species on or in the Watercraft or the trailer upon which the
Watercraft is being transported.
(3) No Person shall transport a Watercraft on any Highway in the County if there is
standing water in the Watercraft.
(4) No Person shall be in possession of Aquatic Invasive Species in the County:
9. POWERS OF AN INSPECTOR
(1) An Inspector may execute those powers provided to them by this Bylaw, including
the ability to:
(a) Inspect and request to inspect a Watercraft or trailer; and
(b) Request to see any documentation relating to the Watercraft's participation
in the AIS Prevention Program.
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10. POWERS OF A PEACE OFFICER
(1) In addition to those powers provided to Inspectors and Peace Officers under this
Bylaw, for the purpose of ensuring compliance with this Bylaw, a Peace Officer
may:
(a) Stop any vehicle transporting a Watercraft, or any Watercraft that has already
been launched in a waterbody, for an inspection and to request to see any
documentation relating to the AIS Prevention Program; and
(b) Request for a Watercraft to be removed from any waterbody and the Owner
of Watercraft operator shall remove the Watercraft forthwith after being
requested to do so.
11. PENALTIES
(1) Any Person who contravenes any provisions of this Bylaw is guilty of an offence
and is liable to a penalty, as set out in Schedule "A" of this Bylaw.
(2) Where a Peace Officer believes on reasonable and probable grounds that a person
has contravened any provision of this Bylaw, a Peace Officer may serve upon such
person a Violation Tag either personally or by delivering it to the person at their
residence with a person on the premises who appears to be at least eighteen (18)
years of age or by delivery to their residence by mail and such service shall be
adequate for the purpose of this Bylaw.
(3) A Violation Tag shall be in such form as determined by the County and shall state:
(a) the section of the Bylaw which was contravened; and
(b) the fine which is provided for within schedule "A" of this Bylaw, including any
amendments or additions thereto, that will be accepted by the County in lieu
of prosecution.
(4) If a Violation Tag issued pursuant to this Bylaw is presented within fourteen (14)
days from the issue thereof, together with payment to the County of the specified
penalty and/or fee, the person to whom the Violation Tag was issued will not be
liable for prosecution for the contravention in respect of which the Violation Tag
was issued.
(5) Notwithstanding the provisions of this Bylaw, a person to whom a Violation Tag
has been issued may exercise his right to defend any charge of committing a
contravention of any provision of this Bylaw.
12. SUMMARY CONVICTION
(1) A Person who contravenes a provision of this Bylaw by doing something they are
prohibited from doing, or by failing to do something which they are required to do,
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or by doing something in a manner different from that in which they are required or
permitted to do by this Bylaw, is guilty of an offence and upon summary conviction,
liable to a fine of not more than ten thousand ($10,000) dollars.
(2) Where there has been a breach of this Bylaw, a Peace Officer is hereby authorized
and empowered to issue a Violation Ticket pursuant to Part 2 of the Provincial
Offences Procedure Act RSA 2000, c P-34 as amended.
13. SEVERABILITY
(1) It is the intention of Council that each separate provision of this Bylaw shall be
deemed independent of all other provisions herein and it is the further intention of
Council that if any provision of this Bylaw is declared invalid, all other provisions
hereof shall remain valid and enforceable.
This Bylaw shall come into force and effect on the final day of passing thereof and rescinds Bylaw
1980-20
March 25, 2021 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 2001-21 receive FIRST
reading. MOTION CARRIED
April 8, 2021 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Bylaw 2001-21 receive
SECOND reading as amended.
MOTION CARRIED
April 8, 2021 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Bylaw 2001-21 receive
THIRD and FINAL reading.
MOTION CARRIED
Reeve — Molly Douglass
Chief ministrativeOfficer— MattFenske
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Schedule "A"
Penalties
Section
Offence
Penalty
4(2)(a)
Launch Watercraft when not participating in AIS Prevention
Program
$115
4 2 b
Fail to ensure Watercraft is clean, drained and d
$115
4 2 c
Fail to obey lawful sin
$115
5 1
Launch Trailered Watercraft where prohibited
$115
5 2
Fail to notify EID prior to launching
$115
5(3)
Launch watercraft that has not been enrolled in the AIS Prevention
Program
$115
5 4
Launch Watercraft coming from High Risk Area without approval
$230
5(5)
Launch Watercraft without approval after leaving the province
$115
6(5)
Fail to affix Decal to Watercraft
$50
6(7)
Providing false information regarding a Watercraft participating in
the AIS Prevention Program
$500
7 2
Launch Watercraft after failing to fully participate in an inspection
$230
7(7)
Provide false or misleading information to an Inspector or Peace
Officer
$500
8 1
Transporting Watercraft with drainage holes plugged
$172
8(2)
Transport Watercraft with Aquatic Invasive Species on or in the
Watercraft
$500
8 3
Transport Watercraft with standing water
$115
8 4
Being in unauthorized possession of Aquatic Invasive Species
$500
10(1)(b)
Fail to remove Watercraft from Waterbody when requested to do
so
$500
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Schedule "B"
Prevention Program Form and Commitment From
Or as amended
Bylaw 2001-21
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Bylaw 2001-21
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Schedule “C”
Prevention Program Decal. Year and Color will alter from year to year
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Schedule "D" or as Amended
Approved Watercraft Launches
Launch Location
Legal Land Description
1.
Crawling Valley Reservoir Campground
16 - 11 - 22 - 18 W4M
2.
Rolling Hills Reservoir Campground
08 - 30 -16 - 14 W4M
3.
Lake Newell Resort Marina
08 - 01- 18 - 15 W4M
4.
Kinbrook Island Provincial Park
15 & 16 - 19 -17 -14 W4M
5.
Little Dam Reservoir
06 - 03 - 21 -18 W4M
6.
Rock Lake Reservoir
11 - 11 - 20 -15 W4M
7.
Cowoki Reservoir
12 - 35 - 18 - 13 W4M
8.
Tilley B Reservoir
14 - 36 -18 -13 W4M
9.
Snake Lake Reservoir
06 - 03 - 20 -17 W4M
10.
12 Mile Coulee Reservoir
03 - 06 - 15 - 12 W4M
Any place the Eastern Irrigation District allows the launching of Watercrafts designated by a sign
is also an "Approved Watercraft Launch".
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Schedule "E"
Aquatic Invasive Species Prevention Program
1. Prior to launching a watercraft an owner/operator must notify the EID and enter the
Prevention Program.
Owners/operators can contact the EID at:
• The EID Office located at 550 Industrial Rd W, Brooks, AB
• Campground Offices at Rolling Hills Reservoir Campground or Crawling Valley
Campground
• By phone:
- EID General: 403-362-1400
- EID Land Administrator — Aquatic Invasive Species: 403-363-9694
- Rolling Hills Reservoir Campground (in season only): 403-363-5603
- Crawling Valley Campground (in season only): 403-641-4095
- EID Land Administrator— Habitat, Wildlife and Access: 403-362-1414
• Email:
watercraft(a).eid. ca
eid.ais _eid.ca
2. Owners/Operators will have to fill out a Watercraft Information Form and sign a
Commitment Form as per Schedule "B".
Watercrafts required to have a pleasure craft license as per the Small Vessel
Regulations pursuant to the Canada Shipping Act, 2001 MUST be properly licensed
and prove the watercraft is licensed to the Owner of the watercraft. The license must be
visible on the watercraft as per the Small Vessel Regulations.
More information on licensing can be found at: www.tc.gc.ca
If the watercraft has left the Province of Alberta the Owner/operator will be required to
produce proof of the watercraft being inspected by a group, organization or governing
body as approved by the EID or County.
An Inspector may inspect the watercraft to check for any signs of Aquatic Invasive Species
being attached to a Watercraft and for any standing water. Owners/operators may be
asked and shall remove any standing water when requested to do so.
When removing standing water, the Watercraft must not be near any Waterbodies to
ensure waterbodies are not contaminated by standing water removed from the Watercraft.
3. Once entered in the program the Owner/operator will receive a Decal specific to the
Watercrafts license number and/or description. The must be fixed to the port(left) side of
the Watercraft.
4. All documentation will have to be retained by the Owner/operator as an Inspector may
request to see proof of a watercraft's participation in the program.
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5. If a watercraft leaves the Province of Alberta, an owner may be required to contact the
EID and may need to have proof the Watercraft was inspected by an Approved Inspection
before being eligible to re-enter the program.
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Schedule "F"
Aquatic Invasive Species
Aquatic Invasive Species include but are not limited to:
Primary:
• Zebra Mussels (Dreissena polymorpha)
• Quagga Mussels (Dreissena bugensis)
• Golden Mussels (Limnoperna fortunes)
Secondary:
• Phragmites (plant) (Phragmites australis)
• Flowering Rush (plant) (Butomus umbellatus)
• Eurasian Milfoil (plant) (Myriophyllum spicatum)
• Chinese Mystery Snail (Cipangopaludina chinensis)
• Asian Clam (Corbicula fluminea)
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Schedule “G”
Eastern Irrigation District Network