Introduction:
The forecast is clear, the waters are looking calm, and the boat is glistening in the sun. For so many Canadians, this is an ideal summer day. Although boating can be a great way to relax on a long weekend during the summer, it is unfortunately still the cause of many accidents and fatalities each summer. It is important to be aware of the legal responsibilities attached to the enjoyable activity. Know your rights.
Collision Regulations & Liability Risks:
Speed rules have been implemented to ensure safety and protection of all people enjoying the waters. If you are someone with a boating license, it is important to remain vigilant on all types of speed limit laws. For example, there is an unposted speed limit of 10km/hr (6mph) within 30 meters (100 ft) from the shore.
The impaired operation of a boat is strictly prohibited and punishable under the Criminal Code of Canada. For a first-time offence, potential convictions include fines, prohibition from operating a boat, seizure of the boat for a period of time, as well as possible prison terms for up to 10 years for dangerous operation of a boat. Each province in Canada will vary in their restrictions, as alcohol laws differ province to province.
The best way to avoid other boats and objects is by having your lights on at all required times. Pages 16-18 of the Safe Boating Guide provides a chart laying out the requirements for personal lifesaving appliances, visual signals, vessel safety equipment, navigation equipment, and firefighting equipment for each boat type and length.
The Canada Shipping Act contains mandates on the operators of boats to ensure their own safety, the safety of fellow boaters on the water, as well as the safety of their own passengers aboard. Just as roadways have rules which must be followed, there are navigation rules which must be followed. Operating a boat in a manner contrary to these rules increases the likelihood of an accident and can impose a great deal of liability on the operator. Improper overtaking, wake damage, and failure to yield are all common behaviours leading to a boat crash and injuries or possibly death.
Accident Prevention Checklist:
The operator and owner of a boat owes a duty to those who are aboard to ensure their safety at all times while they are aboard.
The top 3 causes of recreational boating-related fatalities in Canada are not wearing a Personal Floating Devices (PFDs) or lifejacket, alcohol consumption, cold weather and poor weather. Over 80% of the fatalities arising out of recreational boating accidents included individuals who were not wearing a PFD or lifejacket. It is important to ensure that all passengers are wearing lifejackets, as emergency situations do not afford any time to put a lifejacket. Further, approximately 40% of fatal boating-related fatalities involved alcohol consumption. With the unpredictability of weather conditions in Canada, cold water and poor weather conditions have also played a role in contributing to the cause of many boating-related deaths.
As such, it is important to remain vigilant in your boating endeavours. Ensure that you are abiding by all posted and unposted speed limits. Do not operate a boat if you are under the influence, as any amount of drug or alcohol consumption inhibits your abilities. Confirm that your passengers all have lifejackets and any other assistive devices.
Want to read more on this topic? See our previous related blogs – "Safety on the Water" & "Safe Boating: What You Need to Know"
Know your rights and requirements as an operator and passenger of a boat, as well as those of the others sharing the waters with you. Mitigate the risk, follow precautions, and enjoy boating to the fullest extent.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
