Canada’s boating laws

With the Canada long weekend just passed, summer is here in full force. A few weeks ago we covered some common traffic tickets you would see this summer, but there’s another important aspect of summer driving that can land you a ticket – boating laws. There are certain rules of the water that are covered not in the Ontario Highway Traffic Act, but under the Canadian Criminal Code.

These laws are as follows:

Failure to keep watch on person towed
250 (1)
Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object, when there is not on board such vessel another responsible person keeping watch on the person being towed, is guilty of an offence punishable on summary conviction.

In layman’s terms: you must have a spotter.If you are towing anyone, on any device, behind your boat, you need to have a person designated to watch them. This cannot be the person driving the boat, it has to be someone whose sole responsibility is to spot people being towed. If you do not have a spotter, you can be charged under the Criminal Code.

Ex Cops Traffic Tickets

Towing of person after dark
250 (2)
Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object during the period from one hour after sunset to sunrise is guilty of an offence punishable on summary conviction.

This one is simple: only drive your boat on the water during the proper times.You can’t go water skiing (or do any other water sports) when it’s dark out. Between the times of one hour after sunset until sunrise, you can be charged.

Unseaworthy vessel and unsafe aircraft
251 (1)
Every one who knowingly
(a) sends or being the master takes a vessel that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament and that is unseaworthy
 (i) on a voyage from a place in Canada to any other place in or out of Canada,or
 (ii) on a voyage from a place on the inland waters of the United States to a place in Canada,
(b) sends an aircraft on a flight or operates an aircraft that is not fit and safe for flight, or
(c) sends for operation or operates railway equipment that is not fit and safe for operationand thereby endangers the life of any person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Just like a motor vehicle must be in proper condition, so must a boat. If your vessel is not seaworthy and you knowingly captain it, or send someone else on it, you are endangering the lives of yourself and others. This is an offence punishable by prison.

Fighting Traffic Tickets in Guelph

Operation while impaired
253 (1)
Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

You don’t have to be driving on the road to get an impaired driving charge. You can get an impaired driving charge on a boat, too. So please be safe, and have a designated driver for the waters as well as the road.

Dangerous operation of motor vehicles, vessels and aircraft
249 (1)
Every one commits an offence who operates
(b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;

Just like driving a vehicle on the road, you can be charged with dangerous operation. By all means, have fun out at your cottage and on the water, but be mindful that there are others out there with you, just like on the road. Be safe and be smart.

These are all very brief outlines of the laws of the driving a boat under the Criminal Code. The Criminal Code is complex and it is important to remember that. These are all charges under the Criminal Code. Unlike getting a traffic ticket that will land you in Provincial Offences court, the offences mentioned in this blog will land you in Criminal Court and you will have a Criminal record if convicted.

You can read more about Canada’s laws here. And you can read more about Boating Safety here. Always be safe and follow the law while driving, whether it is on the water or on the road – that is the best way to ensure you have a safe and happy summer.

Every situation is different. Remember you have a right to fight your ticket. At Bulwark Legal Services we provide free consultations. You can go to our website and send us a copy of your ticket. We will help you decide the right course of action to take.