The Canada Shipping Act.  Even though a pleasure craft is not shipping any articles or goods for hire or profit, the operator is obligated to adhere to The Canada Shipping Act. There are two provisions that are of importance to the pleasure craft operator.

First, the pleasure craft operator must keep watch for signals that indicate distress and need of assistance.

There is also an obligation to render assistance to every person who is found at sea and in danger of being lost in so far as he/she can do so without serious damage to his/her craft and the persons on board. For example, a pleasure craft operator would not be expected to rescue a person off an iceberg if it meant taking the craft alongside the iceberg; the Titanic disaster proved that icebergs and vessels don't mix.

  The Criminal Code of Canada. While operating a pleasure craft, the operator is similar to a driver of a motor vehicle and if convicted of any of the following offences, will face the same stiff penalties as if he/she were driving a motor vehicle. It is an offence to operate a pleasure craft while impaired. Alcohol affects a boat operator in three ways:  as impaired person is more likely to be unstable with the rocking motion of the  reaction time is decreased inhibitions such that a normally caution person will take more risks, that reaction time is decreased.  Not only can alcohol impair an operator, but also drugs or controlled substances can impair a person's ability to operate a pleasure craft.
      Just as it is an offence to drive a motor vehicle in a  manner that is dangerous to the public, it is also an offence to operate a craft in a manner that is dangerous to the public.  Examples could include weaving through other craft and approaching too close to swimmers.
      The Operator of a pleasure craft is also, just like the driver of a motor vehicle, obligated to stop and offer assistance when the operator is involved in an accident.
      The Criminal Code of Canada  also contains provisions that solely apply to pleasure craft operators. Towing a person on water skis, or a tube, has the potential for danger and great personal injury. As a result , there must be someone in the pleasure craft, other than the operator, keeping watch on the person being towed. A corollary is that a person must not be towed after dark; after dark it is impossible to keep watch on a person being towed.
       It is also a criminal offence for an operator to knowingly operate a pleasure craft that is unseaworthy or to send false messages.
       Buoys, signals and other sea-marks are used to help pleasure craft and other marine users navigate the waterways. Because of their importance, it is an offence to interfere with marine signals by tying up or willfully altering, removing or concealing a signal, buoy or other sea-mark.

  The Charts and Nautical Publications Regulations. Charts and nautical publications are the road maps of the waterways. They contain information on hazards, buoys, signals, tides etc. Because of their importance, the operator of a pleasure craft must have on board the most recent editions of the largest scale charts, the required publications (Notices to Mariners, Sailing Directions and the List of Lights, Buoys and Fog Signals) and the required documents for each area that the craft is traveling through. For example, if a trip was planned through all five Great Lakes, the operator would require the above documents for all five lakes. However, if the trip was being done in a craft propelled by oars, there would be no such requirement. Likewise, vessels under 100 tons are not required to carry the above if the operator has sufficient knowledge of the shipping routes, navigational aids and the hazards to navigate safely.

  Collision Regulations.  On the waterways, the Collision Regulations lay out the rules of the waterways. The operator of a pleasure craft must apply the International Regulations for preventing collisions at sea and the Canadian modifications upon the high seas and in all waters connected therewith navigable by vessels. This is a requirement not only under the Collision Regulation, but also the Canada Shipping Act. They apply to all watercraft from Aunt Mary's canoe to the Exxon Valdez to the Chi-Cheemaun. There are seven sections of the Collision Regulations of particular interest to pleasure craft operators:

1. Definitions:         "Power driven vessel" refers to a craft propelled by machinery, i.e.. a motor
                                "Sailing vessel" refers to a vessel under sail that while it may have propelling machinery on board, it is not being used at the   time, i.e. the wind in the sails is the power source being used.

2. Visibility:               In order to prevent a collision, all operators must maintain a proper lookout at all times by sight and hearing. The requirement further entails that at all times all available means appropriate to the prevailing circumstances and conditions shall be used to make a full appraisal of the situation and to determine if the risk of collision exists.
                                 A pleasure craft of less than 20 meters and all pleasure sailing craft  must not get in the way of a vessel which can only get through a narrow channel. These vessels also cannot impede the safe passage of a power driven vessel following a traffic lane.

  III Conduct in site of other vessels:   The Collision Regulations contain specific instructions on what to do when meeting/passing other craft on the waterways. These instructions can be broken down int three areas: a) applicable to all craft, b) applicable to power driven pleasure craft, and c) applicable to sailing craft.

                              a) Applicable to all pleasure craft:     In order to prevent accidents, all pleasure craft must take early and substantial action to keep clear of vessels that are being overtaken. The rules below dictate which craft need to take early and substantial action; the operator of the craft which does not have to take early and substantial action to keep clear is required to keep its course and speed in order to assist in passing (as on the highways). A vessel  engaged in diving operations is not in a position to maneuver, therefore, all pleasure craft must take early and substantial action to keep clear of these vessels. An operator can identify a vessel engaged in diving operations by the following signals:

The red flag with the white diagonal line is placed in the water near where the diver is located; this flag is from the Private Buoy Regulations. The white and blue flag is placed on the diving support craft; it is from the International Code of Signals, flag "A" and indicates "I have a diver down; keep well clear at low speed".

                      b) Applicable to power driven pleasure craft:    There aren't lanes marked on the waterways as there are on roadways. When travelling on the road and one meets a vehicle coming in the opposite direction, in order to avoid a collision, each vehicle simply stays in its own lane. On the waterways, when two power driven pleasure craft meet head-on, each shall alter course to starboard so that they shall pass the port side of each other.

Again on the roadways, like the 401, when a vehicle wants to change lanes , the driver checks the lanes on the right to check for other vehicles and proceeds when the lane is clear. If there is a vehicle approaching too close, the driver who wants to change lanes must wait. On the waterways, the operator of a power driven pleasure craft who wishes to make a turn to starboard when there are other power driven pleasure craft on that starboard side is required to early and substantial action to keep well clear and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessels.

A keeps clear of B and must avoid crossing ahead of B

Because power driven pleasure craft have more maneuverability than fishing or sailing vessels, power driven pleasure craft must take early and substantial action to keep clear of vessels engaged in fishing or sailing.

                      c) Applicable to sailing craft:    All power driven pleasure craft yield to the sailing craft, with the exception of vessels engaged in fishing;  operators of sailing vessels must take early and substantial action to keep clear of a vessel engaged in fishing.

The right of way between sailing vessels is determined by which side the wind is on. The sailing craft, which has the wind on the port side, is required to take early and substantial action to  keep clear of other sailing vessels.

 In this illustration, A keeps clear of  B

When the wind is on the same side of the sailing vessels, the sailing vessel on the windward side of the other sailing vessel shall take early and substantial action to keep well clear of sailing vessels which are to leeward. The Collision Regulations define the windward side as the side opposite to that on which the mainsail is carried.  

In the example below, B keeps clear of A

Sometimes when sailing, an operator is unable to determine whether the wind is on the port or starboard side of other vessels. In these cases, the operator of the vessel that has the wind on the port side shall take early and substantial action to keep well clear of the other sailing vessels.

  IV Lights and Shapes:   The Collision Regulations stipulate what colour of light and the shape of the light which must be carried on a pleasure craft and exhibited from sunset to sunrise while underway, and also while at anchor.
                     Masthead light means a white light placed over the fore and aft centerline of a pleasure craft showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side of  a pleasure craft.
                     Sidelights means a green light on the starboard side and a red light on the port side each showing an unbroken arc on the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft on its respective side.
                     Sternlight means a white light placed as nearly as practical at the stern of a pleasure craft showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from right aft on either side of  a pleasure craft.
                     All-round light means a light showing an unbroken light over an arc of the horizon of 360 degrees.

The requirements differ based on the size and type of pleasure craft. Refer to the below chart

Lights must be exhibited from sunset to sunrise, while underway and also while at anchor.

  V Sound and light signals:   Just as all automobiles and bicycles must have a working horn to warn other vehicles and pedestrians of their presence, so must a pleasure craft of less than 12 metres carry sound signaling appliances or some other means of making an efficient sound signal. Generally speaking when an automobile finds itself in less than ideal visibility, the driver doesn't sound the horn. However, on a in or near an area of restricted visibility, whether by day or night, the operator may sound a combination of prolonged and short blasts using the whistle or sound signaling appliances of the pleasure craft to indicate its presence.
                                   On the waterways, an operator of a pleasure craft may need to signal the need for assistance or indicate distress. An operator may also come across a pleasure craft that requires assistance or is indicating distress. The following list is of signals that indicate distress and need of assistance.

Marine Radio say, "MAYDAY"

        
        
           International Code Signal of Distress
Flag "N" over Flag "C"

                                                                                          
      a signal made by any signal method consisting   
of the group ...---... (SOS) in Morse code 

     
        a signal consisting of a square flag having above it 
    or below it a ball or anything resembling a ball

Signals transmitted by EPIRB
(Emergency Position Indicating Read Beacon)

Slowly and repeatedly raising and lowering arms outstretched to each side
(don't do near a helicopter - it may land on you)

 A continuous sounding of a foghorn, bell or whistle.
Firing a gun or explosive every minute

Other signals that indicate distress and need of assistance are:

• a piece of orange canvas with either a black square and circle or other symbol
  appropriate for identification from the air;

• a rocket parachute flare or hand flare showing a red light;

• rockets or shells throwing red stars fired one at a time at short intervals;

• a smoke signal giving off orange coloured smoke;

• flames on the vessel;

• a square shape or anything resembling a square shape;

• a high intensity white light flashing at regular intervals of 50 to 70 times per minute.

  VI Passive Radar Reflector:    Large vessels have radar screens on board. If a pleasure craft has a passive radar reflector mounted on board, its presence will be detected on the large vessel's radar screen. Therefore, the Collision Regulations require a pleasure craft less than 20 metres in length OR which is primarily made of non-metallic materials to have a passive radar reflector mounted or suspended not less than 4 metres above the water, if practical. This provision does not apply when the device is not essential for the safety of the craft (limited traffic conditions, daylight, favourable environmental conditions) or the small size craft or his/her operation away from radar navigation makes compliance impractical. A wooden sailing craft on Silver Lake would not require a passive radar reflector, but on the St. Lawrence River, it would.  

  VII Speed Restrictions:   The Collision Regulations  do not contain specific speed limits for pleasure craft, but rather, guidelines for determining a safe speed. The overall consideration of the operator of a pleasure craft is to proceed at all times at a safe speed so that proper and effective action could be taken to avoid collision. The proper and effective action refers to the following rules of the road, as described earlier. If a pleasure craft is travelling too fast, the operator will be unable to safely alter course as required.
                When driving an automobile, the driver decreases speed, despite there being prescribed limits, based on weather conditions, road conditions, visibility and flow of traffic. On the waterways, a pleasure craft operator determines a safe speed by considering: the state of visibility, the traffic density (including concentration of fishing vessels and other vessels), the state of the wind, the sea and the current, and the proximity of navigational hazards. When the pleasure craft is not in sight of other vessels in or near an area of restricted visibility, shall proceed at a safe speed adapted to the prevailing circumstances and conditions of restricted visibility. 
                 The "wake and wash" of a pleasure craft is increased by the speed the pleasure craft is travelling. As a result, the pleasure craft operator shall at all times  at all times proceed with caution at a speed such that "wake and wash" will not adversely affect: other vessels (anchored, grounded, wrecks, dredge, tow, rowboat or canoe), work being passed (shoreline, docks, floats, wetlands), others using the waterways (swimmers) or areas of bathing beaches, areas where divers are working or areas of wreckage.
 

  5. Boating Restriction Regulations.   Another  piece of legislation is the Boating Restriction Regulations that contain information on prohibited vessel types, standardized speed limits and maximum engine power limits. These Regulations also contain the age prohibitions for operators. waters on which the vessels are prohibited, waters on which power driven/electrical propulsion driven vehicles are prohibited and the powers of peace officers to enforce these Regulations

  6. The Contraventions Act.   This is a new Act. Previously, law enforcement personnel were required to issue summons for offences committed under the above Acts and Regulations; everyone had to go to court. Now, offenders can be ticketed at the scene of the alleged infraction. Tickets can be issued for offences such as not having the required safety equipment on board, disobeying speed limits or careless operation. The fines range from $50 to $200 per infraction. For impaired operation of the craft, the offender would still have to appear in court.

7. Small Vessel Regulations.    These regulations deal with the a) licensing and b) safety issues.

             a) Licensing:         vessels which are less than 20 gross tons, and are permanently or temporarily outfitted with one or more motors that total or exceed 7.5 kw (10hp) need to be licensed. (Vessels over 20 tons must be registered and carry a name rather than a license number). Only vessels that are principally maintained or operated in Canada require a license. The owner is responsible for insuring that the vessel is licensed. For those vessels which must be licensed, the owner is responsible for marking the license number on each side of the bow (above the waterline) in block characters not less than 75 mm (3 inches) high and in a colour that contrasts to the background of the vessel; another option is to mark the license on a board that is permanently attached to the vessel as close to the bow as practicable such that the number is visible from each side. Capacity Plates have been required on pleasure boats up to 5 m in length and capable of being fitted with an engine(s) of 7.5 kw (10 hp) or more. On April 1, 1999, the only change was to increase the length of the craft to 6 m. So now, all pleasure craft up to 6 m in length and capable of being fitted with an engine(s) of 7.5 kw (10 hp) or more must have a capacity plate, which is permanently attached to the pleasure craft. The Capacity Plate indicates two things: the recommended gross load capacity which is the total weight of persons, equipment, stores, fuel, motor assembly and steering controls that can be safely carried in the hull as expressed with the "equivalent number of adult persons"; and the recommended safe limits of engine power which is the outboard engine size recommended for the hull concerned based on the recommended gross load capacity.

    b) Safety Issues:   The safety issues described in the Small Vessel Regulation include provisions on personal floatation devices and pyrotechnic distress signals, as well as what safety equipment must be carried on board.

       i) Personal floatation devices/lifejackets. If you are shopping outside of Canada, don't buy a personal floatation device or lifejacket to wear in Canada; the personal flotation device/lifejacket must have a stamp or label indicating that it has been approved by "Department of transport, Canada" or "Canadian Coast Guard, Department of Fisheries and Oceans".
       Take care of personal flotation device/lifejacket by drying it in the open air (not sunlight or close to direct heat source) and clean it with a mild soap or running water (no dry cleaning or using strong detergents/gasoline). If the personal floatation device/lifejacket is repaired or altered it loses its approved status. A damaged or repaired lifejacket/PFD loses its approved status because it can no longer do its job-- to keep a person afloat. To test if the lifejacket/personal flotation device is still functioning do the following: wear the personal floatation device/lifejacket in chest deep water and bend the knees and then float on the back; the personal floatation device/lifejacket should keep the chin above the water such that it is easy to breathe.

 ii) Pyrotechnic Distress Signals and Flares and there are four types: A (Parachute), B (multi-star), C (Hand-held) and D (Smoke). The flares must be approved by "Department of Transport, Canada" and are only valid for four years from the date of manufacture, which is stamped on each flare. Although not required under the Regulations, as a safety measure, the operator of a pleasure craft should read the manufacturer's instructions before using pyrotechnic distress signals.

 iii) Safety Equipment   The Small Vessel Regulations stipulate that an operator of a pleasure craft must carry minimum safety equipment that is determined by the size of the pleasure craft. It is not sufficient to just have the required equipment on board. The equipment that is required to be carried must also be capable of functioning properly; the equipment must be maintained.

  Personal Protection Equipment

 Boat Safety Equipment