Boating Rules and Regulations

Prepared for Paris Marine by John Gullick, SmartBoater.ca

The Boat Operator

Operator Competency - All powered vessels including PWCs

Everyone who operates a boat powered by any type or size of motor must carry proof of operator competency on board at all times. That proof can take one of four forms:

·  Proof that you have successfully completed a boating safety course in Canada prior to April 1, 1999. Proof can be in the form of a copy of the course completion certificate.

·  A Pleasure Craft Operator Card (PCOC) which is good for life.

·  A completed boat rental safety check list which is required for each rental.

·  Proof that you hold a Marine Safety Certificate* that appears on a list approved by Transport Canada for the issuance of PCO Cards.

*If you have a Marine Safety Certificate that appears on a list approved by Transport Canada for the issuance of PCO Cards then you are not required to have any of the above. Simply carry the original or a copy of the approved marine Safety Certificate. For a complete list of approved Marine Safety Certificates go to www.boatingsafety.gc.ca

Take a copy of your PCOC and keep it in a safe place in case you need a replacement.

To get a replacement contact the provider who issued your original card. If you can’t remember who that Provider was, look for a copy of the receipt/temporary certificate that was given to you when you completed the test or ask someone who might have been with you when you challenged the test. For a complete list of Approved Providers go to www.boatingsafety.gc.ca

Age-Horsepower Restrictions - All powered vessels including PWCs

Young people under 16 years of age may not operate boats with certain sized motors unless they are directly supervised by a person who is 16 years of age or older. Both must be able to show proof of operator competency.

Young people under 16 years of age must not operate a personal watercraft (PWC) under any circumstances.

List of Age/Horsepower Restrictions:

Age Horsepower Restrictions

Under 12 with no direct supervision May operate a boat with up to 7.5 kW (10hp)

12 to 16 with no direct supervision May operate a boat with up to 30 kW (40hp)

Under 16 regardless of supervision May not operate a PWC

16 or older No horsepower restrictions

Restrictions do not currently apply to Nunavut or the Northwest Territories

Recreational Boating Safety Courses - All powered vessels including PWCs

If you do not yet have a PCO Card, regardless of your age or boating experience it is always a good idea to take a boating safety course or at least home study course material before challenging a test for your PCOC. Taking a course will better prepare you for a fun and safe time on the water. Approved courses include such topics as:

·  Getting ready for a trip.

·  Required Safety equipment.

·  Regulations and rules of the road for boaters.

·  Aids to navigation.

·  Sharing the waterways and

·  Emergency procedures

For a list of Approved Providers who offer both approved courses and tests go to www.boatingsafety.gc.ca or contact Transport Canada.

If you already have a PCO card it is always a good idea to get additional boating safety education especially if you only challenged a PCOC test and did not take a course or home study.

There are all types of different and interesting courses available, both theoretical and practical depending on the type of boat you operate.

Sailors and power boaterscan take practical courses offered by organizations like the Canadian Yachting Association (CYA) and some private organizations. They can also take theory courses offered by both CYA and the Canadian Power & Sail Squadrons (CPS).

Courses offered include basic safety, boat handling and cruising, local and global weather, navigation and chart plotting, electronic navigation, offshore cruising and navigation, marine engine maintenance, trailering and more.

For a complete list of locations and available courses go to www.cps-ecp.ca and www.sailing.ca or Google Boating Safety Education.

The Boat

Buying a Boat?

Hull Identification Number (HIN) - All vessels

Thinking of buying a new boat in Canada? Then make sure it has a Hull Identification Number (HIN) that is required to be attached or imbedded in the hull by the manufacturer.

All boats with or without a motor that are imported into Canada or built in Canada After August 1, 1991 are required to have a HIN. The character of the HIN must be at least 6mm (1/4 in) in width and height. The HIN will help find stolen or recalled boats and it must be permanently marked on the outside upper right hand corner of the transom at the rear of the boat or as near to that location as is reasonably possible. A HIN is 12 digits long beginning with the Manufacturer’s Identification Code (MIC).

Here is an example from Transport Canada’s Safe Boating Guide:

HIN: ABC2AB41G203. The MIC is ABC. The hull number is 2AB41. The construction start date is G2 and the Model Year is 03.

Compliance Notice - All powered vessels

If the boat is equipped with a motor or designed to carry one then it must have a Compliance Notice. Attaching this to the boat is also the responsibility of manufacturers and importers and they indicate that the boat met the Transport Canada Construction Standards for Small Vessels at the time it was built. Only compliance notices issued according to these standards are valid in Canada. Changes to the boat over time may invalidate the compliance notice and once you own the boat you are responsible to make sure it is up to standard. If boats do not carry either the HIN or Transport Canada Compliance Notice, request that the seller get them before you finalize the purchase. Compliance notices on boats up to 6m (19’8”) will also contain recommendations for safe capacity limits in good weather. They will indicate the maximum safe outboard motor size and how much weight the boat can hold including the number of people on board and what they are carrying. Proper distribution of weight will depend on the individual boat. Know your boat and respect its limits.

If you are buying a used boat then ensure that it meets the construction standards. A dealer or broker can provide you with this information and, if it as a private sale, then hiring a certified Marine Surveyor will help. He or she can examine the boat and give you a reasonable opinion of the boats current condition and any work that will be required to bring it up to the required standards.

If you are buying a boat from another country then you must make sure it meets Canada’s construction standards. These standards vary from country to country. If it does not meet Canada’s standards then you must be sure you can modify the boat to meet them before you use the boat I Canada.

When crossing the boarder with the boat, the Canada Border Services Agency (CBSA) will ask for some required documentation and ask certain questions about the boat and the seller. They will then assess the duties and taxes on the boat. For more information before buying go to the CBSA web site at www.cbsa.gc.ca t find out what documentation you will require from the seller.

If you are brining the boat into Canada by trailer remember that the trailer, as a motor vehicle, will have to meet certain requirements that will be different from the boat. The CBSA will help you to learn more. If you are buying the trailer then you will need to contact your provincial or territorial office of transportation to learn about any requirement that may apply. Go to www.tc.gc.ca for a list of offices across Canada.

There may also be export requirements in the country where you plan to purchase the boat and/or trailer. You will need to contact the authorities in the country where you are planning to purchase the boat or trailer well in advance.

Construction Standards - All vessels up to 24 meters

Transport Canada’s Construction Standards for Small Vessels clearly define how powered boats that are operated in Canada, including boats up to 24 m (78’9”), must be built.

Boats over 24m (78’9”) must be built or rebuilt according to the standards established by the association or agency that is recognized by the marine industry for that type of boat.

If you are building, rebuilding or restoring a boat in Canada you must meet or exceed the Transport Canada Construction Standards for Small Vessels. If the boat is for your own use it does not require a Compliance notice but if you plan on selling it you must apply to Transport Canada for a manufacturers Identification Code (MIC) so you can attach a Compliance Notice and HIN. Go to www.boatingsafety.gc.ca or contact Transport Canada to get a copy of the construction standards TP 1332E.

Vessel Licenses for Pleasure Craft - All powered vessels

These are not to be confused with a Pleasure Craft Operator Card (PCOC) which is an operator competency certificate required to operate any powered vessel. The Pleasure Craft License is the ID numbers that are attached to each side of the bow on your boat and are accompanied by a Pleasure Craft License document, a copy of which must be kept on the boat at all times.

It is required for any powered vessel that has one or more motors that add up to 7.5 kW (10hp) or greater unless the boat is registered (see below). Tenders or dinghies that are carried on board or towed behind a licensed boat must also be licensed. This document is similar to a motor vehicle ownership certificate in that it contains information about the boat and its owner and also contains a section that must be completed and submitted by the new owner when the boat is sold.

The license is free and you can get complete information and the required forms on line by visiting www.boatingsafety.gc.ca or from any Service Canada office. The forms must be mailed to Transport Canada at the address listed on the site. If you are buying a boat the original license certificate should be supplied by the current owner. The license is good for ten years after which time all information must be updated. Go to the Transport Canada web site under Vessel Licenses for more information.

Regulations require you display the Pleasure Craft License on both sides of the bow, above the waterline and as far forward as is practical. The numbers and letters must be in block and at least 7.5 cm (3”) high. Their colour must contrast with the background. You may choose to get a vessel license for safety reasons if your boat does not require one. This will help Search and Rescue personnel get information about your boat 7/24.

A Pleasure Craft License does not prove ownership and Transport Canada cannot confirm ownership so when entering another country carry a bill of sale along with the Pleasure Craft License. Don’t forget the same for tenders and dinghies.

Failure to produce these documents can cause delays, trouble and possibly fines when clearing customs.

Boat Registration

It is no longer required to register a boat that is over 15 gross tons but you can still choose to do so. There are costs to registering a boat but there are also a number of benefits which include:

·  A unique name and official number.

·  Proof of ownership – legal title.

·  The right to fly the Canadian flag.

·  The ability to use your boat as security for a marine mortgage.

For more information contact Transport Canada or go to www.tc.gc.ca

It is said that knowledge is power and when it comes to boating you can never have too much of it. That knowledge can give you the confidence to really enjoy your boating experience and it can give others confidence in your abilities as a safe boat operator. The best trip is always a safe return trip.

To learn more about boating safety and everything you need to know to enjoy great times on the water visit a new national boating safety site www.SmartBoater.ca . Everything on the site is free and downloadable.