Impaired boating

I don't recall seeing this anywhere on the board, so if it's a repeat, I appologize. As most of us know (or at least ought to know), that the Criminal Code allows an impaired boating charge to be treated in the same manner as if one were driving. Interrestingly, the wording was originally "motorized vessel", but is now simply "vessel".

I did some research but could not find any example of people in canoes, kayaks or paddleboats being charged with DUI/Impaired. Maybe someone (I'm looking your way hwybear can shed some light on this to satisfy my curiosity.

I'm pretty sure you could get charged with impaired. What if you're in a kayak with a kid and you're drunk, you capsize it and the kid drowns?

It's not actually the HTA that allows it. "Impaired" is part of the Criminal Code.

Here's the wording of the section:

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the persons ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the persons blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

Here's the definition of 'vessel':

"vessel" includes a machine designed to derive support in the atmosphere primarily from reactions against the earths surface of air expelled from the machine.

Pretty sure it has not been mentioned as boating stuff is not governed by the HTA.

Boating is governed by the Criminal Code and a few boating acts. I am not a marine operator, so I have no clue what the acts are or what they are called.

I will have to ask one of the marine operators.

FiReSTaRT wrote:

What if you're in a kayak with a kid and you're drunk, you capsize it and the kid drowns?

I think you could get charged with criminal negligence causing death.

My mistake about HTA vs. Criminal Code. As much as one shouldn't be near water when drunk, many have that 'one or two beer' while canoeing or fishing from a human powered vessel. Do you guys think that a charge of impaired is appropriate or excessive if someone has a drink (inebriated or not) in a human powered vessel (regardless of any other potential charges)?

Thanks for looking into it hwybear!!

Under the Liquor License Act, you can't even have open alcohol on board a boat unless there are permanent sleeping and cooking facilities on board. I'll dig up the relevant sections and definitions.

There's quite a bit that applies, so I'll provide a link instead:

http://www.e-laws.gov.on.ca/html/statut ... .htm#s31s1

Sections 31 and 32 are the relevant sections.

'Private place' is defined under s. 3 of REG. 718.

http://www.e-laws.gov.on.ca/html/regs/e ... 0718_e.htm

Open alcohol is only allowed on boats with eating and sleeping areas if the boat is docked.

As for whether alcohol should be banned on boats in open water, I think so. Lots of people get into trouble on Simcoe here, many while drunk. We recently sank one of our rescue boats trying to save one of them.

EDIT: The case that sank our boat resulted in charges under the Liquor License Act.

http://www.thestar.com/News/Ontario/article/421525

I used to just grab a paddle and go. Now I have a complete boat-kit (safety stuff) on board. Not sure how I ever managed without it

Now if I ever get my 6-pack taken away (and fined), I QUIT! I'll just take up TV as my weekend hobby, LOL.

If everyone could just be responsible we wouldn't need all these nanny laws.

Maybe if first responders were allowed to dunk the drunks back in the water as bait for some monster pike.

Bookm wrote:

Now if I ever get my 6-pack taken away (and fined), I QUIT! I'll just take up TV as my weekend hobby, LOL.

Watching it or appearing on it? Or did you mean you'll replace the 6-pack with a flat screen on the kayak? Just be careful, the ducks might trip on the extension cord.

Squishy wrote:

If everyone could just be responsible we wouldn't need all these nanny laws

hey....there would go my job security

Squishy wrote:

If everyone could just be responsible we wouldn't need all these nanny laws.

We used to call those people NERDS! LOL (oh how times have changed, hehe)

NERDS are allergic to the sun. You'll never find one on a boat, much less drinking on one.

Squishy wrote:

NERDS are allergic to the sun. You'll never find one on a boat, much less drinking on one.

I thought UWaterloo engineers were also allergic to the sun given how much time they spend in the basement of Rod Coutts Hall, or in the confines of CPH!

Maybe that's why I didn't last. The underground molepeople never accepted me as one of their own.

There is a gaping hole in the impaired vessel-ing law.

Impaired vessel-ing falls under HTA s. 48 and Criminal Code s. 253, just like a car does. The HTA uses the same vessel definition as the Code.

You can operate a vessel with a drivers licence or Pleasure Craft Operators Card. You can also have both.

If you have both, and are giving a 3 day driver's licence suspension, you can hop back in your vessel and sail off right after having your licence suspended as the Pleasure Craft Operters Card is still valid and has not been suspended because the government forgot to include it within the meaning of a licence under HTA s. 48(18).

The HTA can't apply to boating, can it? Thus wouldn't any suspension under the HTA mean nothing to a boater? They would have to amend some act that applies to the waters to make the PCOC invalid with a supended driver's licence. I'm guessing that would be done at the federal level, as the PCOC is (almost) Canada-wide.

Now I think your driver's licence can get suspended when you are convicted of impaired boating. I don't know if that is stated in the HTA or another act, and don't have time to go digging as I'm heading out in a few minutes. But I think that works as the restrictions are placed on an area that the HTA governs, while the conditions to put that restriction in place do not necessarily have to come from an area covered by the HTA. However, the HTA can't tell anyone not to go boating as it has no authority on the waters.

Under the HTA a vessel uses the same definition as the Criminal Code but the HTA does not suspend the Pleasure Craft Operator's Card.

I also spotted another massive oversight by the government. Seems to be a habit with them.

The police have no power under the HTA to force a vessel operator to stop.

While HTA s. 48 (2) and (3) allow the police to demand a breath test, s. 48(1) does not provide them power to order a vessel to stop.

Section 216 is the only other sections granting police the power to stop a motor vehicle, but it does not include a vessel.

We have over 16 million dollars a year in salary being paid to our MPPs.

And not one of them have a clue what they're doing.

Criminal Code

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the persons ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the persons blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

HTA

Determining whether to make a demand

48. (1) A police officer, readily identifiable as such, may require the driver of a motor vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 254 of the Criminal Code (Canada). 2007, c. 13, s. 10.

Screening device breath test

(2) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), the driver of a motor vehicle or the operator of a vessel provides a sample of breath which, on analysis by an approved screening device as defined in that section, registers "Warn" or "Alert" or otherwise indicates that the concentration of alcohol in the persons blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the police officer may request that the person surrender his or her drivers licence. 2007, c. 13, s. 10; 2009, c. 5, s. 15 (2).

Approved instrument test

(3) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), the driver of a motor vehicle or the operator of a vessel provides a sample of breath which, on analysis by an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada), indicates that the concentration of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood, a police officer may request that the person surrender his or her drivers licence. 2007, c. 13, s. 10; 2009, c. 5, s. 15 (4).

Licence suspension

(4) Upon a request being made under subsection (2) or (3), the person to whom the request is made shall forthwith surrender his or her drivers licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her drivers licence is suspended from the time the request is made for the period of time determined under subsection (14).

Definitions

(18) In this section,

"drivers licence" includes a motorized snow vehicle operators licence and a drivers licence issued by any other jurisdiction; ("permis de conduire")

"motor vehicle" includes a motorized snow vehicle; ("vehicule automobile")

"vessel" means a vessel within the meaning of section 214 of the Criminal Code (Canada)

Power of police officer to stop vehicle

216. (1) A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signalled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop.

The police get the power to stop vessels under the Canada Shipping Act, and Small Vessel Regulations.

http://laws.justice.gc.ca/en/ShowFullDo ... 0090707/en

Objectives of Act

6. The objectives of this Act are to

(a) protect the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce;

(b) promote safety in marine transportation and recreational boating;

Authorization

10(5) The Minister of Transport or the Minister of Fisheries and Oceans may authorize any person employed in the federal public administration or any police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace, or any class of any of those persons, that that Minister considers proper to exercise any of the powers and perform any of the duties and functions that may be or are required to be exercised or performed by that Minister under this Act

Definitions

194. The definitions in this section apply in this Part.

"enforcement officer"

« agent de lautorit »

"enforcement officer" means

(a) a member of the Royal Canadian Mounted Police;

(b) a member of any harbour or river police force;

(c) a member of any provincial, county or municipal police force; and

(d) any person, or member of a class of persons, designated under subsection 196(1).

"inspector"

« inspecteur »

"inspector" means a pleasure craft safety inspector designated under subsection 195(1).

Powers

196(4) Enforcement officers acting under subsection (2) and inspectors acting under subsection (3) may

(a) stop or board the craft at any reasonable time;

(b) direct any person to put into operation or cease operating any machinery or equipment on the craft;

(c) direct that the craft not be moved until the inspection is completed;

(d) direct any person to move the craft to a safe place if the officer or inspector has reasonable grounds to believe that it does not meet the requirements of this Part or the regulations made under this Part or exposes any person to serious danger, and direct that it not be operated until it meets those requirements or no longer exposes any person to serious danger; and

(e) direct any person to move the craft to a safe place if the officer or inspector has reasonable grounds to believe that the operator does not meet the requirements of the regulations made under this Part, and direct that the operator not operate it until the operator meets those requirements.

Stopping and boarding vessels

200. An enforcement officer who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a pleasure craft or any person on board a vessel may stop and board the craft or vessel and take any reasonable action to ensure public safety or protect the public interest.

Authorized persons and organizations

211. (1) A marine safety inspector referred to in section 11 or a person, classification society or other organization authorized to carry out inspections under section 12 may, for the purpose of ensuring compliance with a relevant provision, board any vessel or enter any premises or other place at any reasonable time and carry out any inspection that the inspector, person, classification society or other organization considers necessary and that the Minister has authorized them to carry out.

Living quarters

(2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant or for the purpose of ensuring that the vessel complies with a relevant provision.

Stopping a vessel

(3) For the purpose of carrying out an inspection, a marine safety inspector may direct the master of a vessel to stop the vessel or proceed to the place that the inspector may select, and to moor, anchor or remain there for any reasonable period that the inspector may specify.

Small Vessel Regulations

http://laws.justice.gc.ca/en/ShowFullDo ... 0090706/en

44. In this Part, "enforcement officer" means a person designated under section 45.

SOR/99-54, s. 11.

45. The following persons are designated as enforcement officers for the purpose of these Regulations:

(a) a member of the Royal Canadian Mounted Police;

(a.1) a steamship inspector;

(b) a member of any harbour or river police force;

(c) a member of any provincial, county or municipal police force; and

(d) any person designated as an enforcement officer for the purposes of these Regulations by the Minister of Fisheries and Oceans.

SOR/99-54, s. 11; SOR/2002-171, s. 9.

46. An enforcement officer may, in order to verify and ensure compliance with these Regulations,

(a) go on board a vessel;

(b) examine a vessel and its equipment;

(c) require that the owner or the master or other person who is in charge or appears to be in charge of the vessel produce, forthwith,

(i) personal identification, and

(ii) any licence, document or plate required by these Regulations; and

(d) ask any pertinent questions of, and demand all reasonable assistance from, the owner or the master or other person who is in charge or appears to be in charge, of the vessel.

SOR/99-54, s. 11; SOR/2002-171, s. 10.

47. (1) Subject to subsection (2), an enforcement officer may, in order to ensure compliance with these Regulations or in the interests of public safety, direct or prohibit the movement of vessels or direct the operator of a vessel to stop it.

(2) Except in an emergency, an enforcement officer shall not give a direction under subsection (1) that is contrary to an order given by the person in charge of monitoring marine traffic, without the prior consent of that person, in respect of a vessel when it is in any of the following waters:

(a) the Seaway, as defined in subsection 2(1) of the Canada Marine Act;

(b) a public port, as defined in subsection 2(1) of the Canada Marine Act;

(c) a port that is under the jurisdiction of a port authority as defined in subsection 2(1) of the Canada Marine Act; and

(d) a Vessel Traffic Services Zone referred to in sections 562.16 and 562.18 of the Act.

SOR/99-54, s. 11; SOR/2002-171, s. 10.

48. Every person shall comply with the requirements of an enforcement officer in the course of carrying out duties and functions under these Regulations.