Unit 3: Legal Requirements of Boating Flashcards
Which Boats Require Registration?
In Canada, the Small Vessel Regulations state that you must register your boat if:
It is not a pleasure craft and…
It is wholly owned by qualified persons and…
It is not registered, listed, or otherwise recorded in a foreign country or state.
qualified person
A person who is a Canadian citizen or a permanent resident of Canada, or a corporation that is incorporated under the laws of Canada or a province
Which Boats Require a Licence?
You must have a Canadian pleasure craft licence to operate a pleasure craft powered by an engine of 10 horsepower (7.5 kW) or more in Canada legally.
This includes personal watercraft and sailboats with an engine.
You are exempt from this requirement if your pleasure craft is registered.
pleasure craft licence
A document that assigns a unique number to your pleasure craft
Hull Serial Number (HIN)
The Hull Serial Number (HIN) is a unique, 12-digit number assigned to a pleasure craft that is constructed, manufactured, rebuilt, or imported to be sold or operated in Canada. The requirements for the HIN are included in the Small Vessel Regulations
unseaworthy
A boat that is unsafe to operate on the water
wake
Waves that a pleasure craft leaves behind as it moves through the water
Improper Speed or Distance
is not maintaining a proper speed or distance while operating a pleasure craft. Operators must follow these restrictions from the Vessel Operation Restriction Regulations (VORRs).
The Prohibition Against Careless Operation
in the Small Vessel Regulations states that a pleasure craft may not be operated in a careless manner without due care and attention, or without reasonable consideration for other persons.
Operation While Impaired
Canada’s laws prohibit anyone from operating a pleasure craft while under the influence of alcohol or drugs.
The Criminal Code of Canada states that anyone who operates a pleasure craft, whether or not it is in motion, commits an offence if:
The person’s ability to operate the boat is impaired due to alcohol, drugs, or any combination of alcohol and drugs or…
The alcohol concentration in the person’s blood exceeds 80 mg of alcohol in 100 ml of blood.
Overview of Pollutant Disposal Laws
It is illegal to discharge sewage, oil, or garbage into any Canadian waters. This is for very good reasons.
Sewage carries disease and other pollutants that are harmful to people, aquatic plants, and animals.
Garbage thrown into the water can injure swimmers and wildlife alike. It also can plug engine cooling water intakes.
Pollution is unsightly and takes away from your enjoyment of the water.
Pleasure craft operators need to be aware of the following regulations for sewage, oil, and garbage disposal in Canadian waters. The Vessel Pollution and Dangerous Chemicals Regulations prohibit throwing, discharging, or depositing any pollutants into Canadian waters.
Black Water Regulations
Black water is defined as sewage that contains fecal matter and urine. It is illegal to discharge black water from a pleasure craft into Canadian waters.
Vessel Ownership Responsibility
If you own a vessel or want to own one, you must understand that vessel ownership comes with responsibility. You are responsible for the following as a boat owner:
Safe operation of the vessel
Maintenance of the vessel to keep it in good working order
Proper disposal of the vessel when it reaches the end of its life
Receiver of Wreck (ROW)
A Transport Canada official, who is in charge of a found wreck in the absence of the rightful owner
Marine Mammals
Marine mammals include whales, dolphins, porpoises, walruses.
blow
Water sprayed out of a whale’s blowhole
What You Must Do if Involved in an Accident
As provided in the Canada Shipping Act, 2001, an operator involved in a boating accident must:
Stop his or her pleasure craft at the scene of the accident and…
Assist the other boat and anyone injured or in danger from the accident, unless doing so would seriously endanger his or her own boat or passengers and…
Stay with the other boat until assistance is no longer needed and…
Give, in writing, his or her name, address, and pleasure craft identification (including the owner’s name and address) to the operator of the other boat involved in the accident.
Vessel Operation Restriction Regulations (VORRs)
exist on designated Canadian waters. These restrictions must be respected and can change at any time. You are responsible for knowing the latest restrictions and the meaning of the restriction signs in the area where you are operating.
contravention
An offence that is created by any Act of Parliament or any regulation, rule, order, by-law or ordinance made under an Act of Parliament and that also is designated as a contravention by regulation of the Governor in Council