Tuesday, February 25, 2014

Safe Boating Regulations, Acts, and Codes

Safe Boating Regulations, Acts, and Codes

The operation of a pleasure craft is subject to several sets of legislation which govern everything from life jackets to required markings and rules to avoid collisions. The specific acts and regulations which pleasure craft operators need to concern themselves are:

Canada Shipping Act and the Criminal Code of Canada

  • Watch for signals that indicate distress and need of assistance
  • Render assistance to every person who is found at sea and in danger of being lost...without posing serious danger to their own craft and the persons on board
  • Stop and offer assistance when the operator is involved in an accident
  • Must not operate boat in a dangerous manner
  • Must keep watch on person towed
  • Cannot tow person after dark
  • Cannot drive a craft that is un seaworthy
  • Cannot drive craft under the influence (alcohol, drugs etc..)
  • Cannot send false messages
  • Cannot interfere with marine signals.  It is illegal to:  Alter, remove, conceal or anchor to nautical aids

Small Vessel Regulations

  • The operator of a pleasure craft must carry specific safety equipment on board their vessel.  The type and amount of equipment is determined by the size of the craft.
  • The operator of a pleasure craft must ensure that all required equipment for their vessel is maintained in proper working order.
  • The operator must ensure that the vessel is properly licensed.  (All vessels with motors 10 HP and over must be licensed)
  • The license numbers or letters must comply with the requirements specified in the Small Vessel Regulations, Licensing of Vessels and Marking of Vessels.
  • Regulations pertaining to Engine Power and Load Capacity
  • Regulations regarding PFD’s and Life jackets
  • Regulations regarding pyrotechnic distress signals.  Pyrotechnic distress signals must be approved by “Department of Transport Canada”.  These distress signals are no longer considered to be approved, if more than 4 years has elapsed from the date of manufacture.  This date is clearly marked on the distress signal.
  • Regulations regarding required contents for emergency kits.

The Contraventions Act

The Contraventions Act, which received Royal Assent in October 1992, was not proclaimed in force until August 1, 1996, pending development of a cost-effective ticketing scheme for handling minor federal offences such as speeding on federal roads and boating without the proper safety equipment on board.  Using existing provincial and territorial schemes, rather than creating a federal scheme for ticketing federal offences, will help to reduce costs associated with the administration of justice and eliminate overlap and duplication. This change is intended to reduce the load on the court system.  As with any ticket, the offender will have the option of pleading guilty and making payment to the competent authorities or to plead not guilty and going to court

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