Feature Article July 11, 2001
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Boating Safetyby George HilesAre you aware of the recent changes to Boating Legislation?
There were substantial changes to the Canada Shipping Act and to the Small Vessel Regulations on April 1, 1999. In addition, the new "Competency of Operators of Pleasure Craft Regulations" came into force at that time. The "Competency of Operators of Pleasure Craft Regulations" is Federal Legislation and applies to all operators of pleasure craft that are fitted with a motor and used for recreational purposes.
The regulations which are being phased in require operators to have proof of competency on board at all times. A Pleasure Craft Operator Card is proof of competency, and the card is good for life. Boaters can obtain their card after receiving a mark of 75 % on a Canadian Coast Guard accredited test. The test consists of 36 questions which are based on material from an accredited boating safety course. To obtain a passing grade, 27 of the 36 questions must be answered correctly.
The test can be taken after having completed an accredited course, or boaters may take a "challenge" test, based on their personal knowledge. The test is based on the material covered in a Canadian Coast Guard accredited boating safety course. It is recommended that a boating safety course be taken prior to writing an accredited test.
The boating safety course covers the boating legislation, safety equipment requirements, rules of the road, responding to emergencies, pleasure craft terminology, buoys, beacons, signs and other boating safety concerns.
Young boaters are the first group to be directly affected by this new legislation. Any boater who was under 16 years of age on April 1. 1999 (the date the legislation came into force) will now be required to possess an operator card. 'I'he requirement to possess an Operator Card for this age group became effective on September 15, 1999. If you are 17 yrs of age and under, you require an Operator Card now.
The next group to fall under the new legislation are all boaters who were over the age of 16 before April 2, 1999 and operating a power-driven pleasure craft that is LESS than 4 metres in length. As of next year, September 15, 2002, this group will all be required to possess a Pleasure Craft Operator Card. This will include all smaller power boats and personal water craft (Sea-doo & Jet-Ski type vessels).
Finally, on September 15, 2009, all boaters will be required to possess their Operator Card in order to operate a power-driven pleasure craft.
There are additional restrictions for persons possessing an Operator Card while they are under 16 years of age:
First, they are subject to horsepower restrictions.
Any boater under the age of 12 that is not directly supervised by someone 16 yrs of age or older, is limited to operating a boat with no more than IO hp.
Boaters between the age of 12 and under 16 are limited to operating a boat with no more than 40 hp, unless they are directly supervised.
No one under the age of 16 (even with an Operator Card) can operate a Personal Water Craft (Sea-doo, Jet-Ski etc.).
There were substantial changes to the Small Vessel Regulations on April 1, 1999. These changes have brought in new equipment requirements, but they also allow the boater greater flexibility in selecting the appropriate safety equipment. In some cases boaters are offered a choice of equipment to be carried onboard.
It is important to note that all boaters are affected by the changes pertaining to equipment -powerboats, personal water craft (PWC), canoes, kayaks, sailboats, sail boarding, using a personal water craft while towing a person, wake boarding or parasailing.
The Small Vessel Regulations dictate the minimum safety equipment requirements. Depending on the activities planned, there may be additional items you will want to take aboard your vessel. Your responsibility does not end with having the required equipment onboard. It is your responsibility to ensure that the equipment is maintained in good working order. It's the law!
Equipment requirements vary by vessel length, and in some cases vessel type.
Determine what equipment you are required to carry and ensure that you have it onboard your vessel before heading out. Your safety may depend on it - and it's the law.
George Hiles operates Lakeland Safe Boating.
