The operation of motorized commercial vessels, such as personal watercraft, on Barrie’s waterfront could face a wave of regulation.
Barrie councillors, sitting as general committee Wednesday evening, approved a motion to have staff prepare rules for the licensing of businesses operating motorized activities along the waterfront — including a limit on the vehicles permitted, fees and safety measures for their operation. Staff would then report back to councillors.
This motion would also rescind a previous city council’s decision to not allow operators to provide motorized activities on Barrie’s waterfront.
Only Coun. Amy Courser expressed reservations with watersports.
“I am very uncomfortable with having a personal watercraft rental business which rents out jet-skis to inexperienced users operating at one of the busiest locations on our waterfront,” she said.
“I’m looking forward to reading staff’s report to see what rules and regulations we can legally put in place to keep all residents and visitors to our waterfront safe," the Ward 4 councillor added.
Courser asked that the staff investigation take into account the water traffic — swimmers, scuba divers, kite-boarders and others using the waterfront, residents and visitors.
“There is a lot of traffic down at our waterfront,” she said. “I’m just wondering if the busyness of our waterfront will be taken into account in this report.”
Wendy Cooke, city clerk and director of legislative and court services, said it would.
“Maybe part of our licensing regime or bylaw changes we may make will provide some parameters where these motorized vehicles could operate on the waterfront, so they wouldn’t disrupt the beach area," Cooke said.
In an email to the city, Allandale resident Cathy Colebatch asked if there would be an opportunity for public engagement, as well as a number of other questions.
“Do we know at this time details around who, what, when and where, etc., and will that be included in report details?” she asked. “Given we have an exceptionally busy waterfront as is, and with potential Sea Cadets relocating to General John Hayter Southshore Community Centre, is this in the best interest of residents and visitors?
“How would we address environmental impacts to Lake Simcoe (and Kempenfelt Bay)?”
Cooke answered that city staff don’t yet have a position on this matter.
“The motion is for staff to look into the regulation of watersport operators along the waterfront,” she said in response to Colebatch. “The intent is to try to regulate businesses who operated and who have indicated that they intend to operate again along the waterfront again this year.
“Public consultation on this matter is not being considered at this time," the clerk added.
Cooke said it’s anticipated that city staff will report back on this matter by the end of March.
The Ministry of Natural Resources (MNR) manages Ontario's Crown land, including the beds of most lakes and rivers, under the Public Lands Act. The MNR's permission is needed to use or occupy Crown land for commercial or industrial buildings or structures.
Local municipalities may establish bylaws to regulate commercial activities on bodies of water within their jurisdiction.
Transport Canada oversees the safe operation of vessels on Canadian waters, including personal watercraft, according to the MNR.
Transport Canada has said it plays a role in the oversight of renting and operating personal watercraft, requiring that all motorized boats of 10 horsepower or more to have liability insurance coverage and a valid pleasure craft licence from Transport Canada.
It said provinces and territories may also have their own liability requirement rules, and that specific insurance coverage when renting a pleasure craft to another person may vary based on the insurance provider.
Any person renting out their pleasure craft is responsible for ensuring those using it have appropriate insurance coverage and are certified to operate it, Transport Canada said, such as having a Pleasure Craft Operator Card, and that anyone operating such as vessel must be aware of the rules.
Coun. Bryn Hamilton, who is the motion’s sponsor, has said the proposed change focuses on establishing licensing regulations for motorized activities to ensure that businesses operate safely, responsibly and in line with community expectations.
City staff say Barrie’s parks-use bylaw prohibits motorized vehicles in all parks, both inland and waterfront, unless authorized, to ensure the public’s safety on the walking and bike paths, grass areas, etc.
Barrie’s parks bylaw defines waterfront park to mean a public park, open space or environmentally protected land which connects, surrounds or is abutting Lake Simcoe, Kempenfelt Bay, Little Lake or any other such body of water.
The city’s general business licensing bylaw prohibits the operation of any business from all municipal property, including parks, unless authorized — meaning by way of an agreement, tender, etc., with the City of Barrie. Examples are the current operators along the waterfront.
Barrie Watersports, owned by business partners based in Wasaga Beach, operated a wooden platform near Kempenfelt Bay’s southern shore last summer, offering personal watercraft rentals, along with pontoon boat excursions and running small jet boat watersports, such as tubing, wakeboarding and water-skiing.
City staff says Barrie Watersports did not have a licence or permit from the City of Barrie.
Hamilton’s motion could receive final approval by city council Jan. 29.