Interpretation

1 The definitions in this section apply in these Regulations.

Boating Safety Course Completion Card

Boating Safety Course Completion Card means a card issued, by a person who provided a boating safety course in Canada, to a person who successfully completed the course before April 1, 1999. (carte de réussite d’un cours de sécurité nautique)

CCG-accredited course

CCG-accredited course means a series of lessons in respect of boating safety that has been accredited by the Canadian Coast Guard in accordance with section 6. (cours agréé GCC)

CCG-accredited test

CCG-accredited test means a test that has been accredited by the Canadian Coast Guard in accordance with section 7. (examen agréé GCC)

enforcement officer

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

operate

operate means the action of controlling the speed and course of a pleasure craft. (conduire)

Pleasure Craft Operator Card

Pleasure Craft Operator Card means a document issued to a person by the administrator of a CCG-accredited test which attests that the person has passed the test in accordance with paragraph 4(1)(a). (carte de conducteur d’embarcation de plaisance)

proof of age

proof of age means a Pleasure Craft Operator Card, birth certificate, baptismal certificate, passport, driver’s licence or other official document that sets out the person’s date of birth. (preuve d’âge)

proof of competency

proof of competency means a Pleasure Craft Operator Card, a Boating Safety Course Completion Card, a rental boat safety checklist, proof of the successful completion of a boating safety course, or a certificate or other document pertaining to boating safety knowledge, as required under section 4. (preuve de compétence)

proof of residency

proof of residency means a passport, driver’s licence or other official government document that sets out a person’s place of residence. (preuve de résidence)

Application

• 2 (1) These Regulations apply in respect of pleasure craft that are fitted with a motor and that are operated for recreational purposes in Canadian waters, other than the waters of the Northwest Territories and Nunavut.

• (2) These Regulations do not apply in respect of seaplanes.

Prohibitions

• 3 (1) Subject to subsection (2) and section 5, no person shall operate a pleasure craft unless the person

  • (a) is competent to operate the pleasure craft in accordance with section 4; and

  • (b) has proof of competency and proof of age on board the pleasure craft.

• (2) Subsection (1) does not apply to a person who

  • (a) is operating the pleasure craft under the supervision of an instructor, as part of a CCG-accredited course; or

  • (b) is not a resident of Canada and whose pleasure craft is in Canada for less than 45 consecutive days.

• (2.1) Subject to subsection (2) and section 5, no owner, master, operator, charterer, hirer, person in charge of a pleasure craft or person who makes a pleasure craft available for rent shall allow a person to operate the pleasure craft unless that person

  • (a) is competent to operate the pleasure craft in accordance with section 4; and

  • (b) has proof of competency and proof of age on board the pleasure craft.

• (3) A person referred to in paragraph (2)(b) or 4(2)(b) shall not operate a pleasure craft without proof of residency on board the pleasure craft.

Competency

• 4 (1) Subject to subsection (2), a person is competent to operate a pleasure craft

  • (a) if the person has passed a CCG-accredited test with a mark of at least 75 per cent and has received a Pleasure Craft Operator Card from the test administrator;

  • (b) if the person had successfully completed a boating safety course in Canada before April 1, 1999 and has a Boating Safety Course Completion Card or other written proof of that completion;

  • (c) in the case of a rented pleasure craft,

    • (i) only for the rental period, if both the person who makes the pleasure craft available for rent and the person who will operate the pleasure craft complete and sign before the pleasure craft is operated, a rental boat safety checklist that contains the information referred to in section 8, or

    • (ii) if the person meets the condition set out in paragraph (a) or (b).

• (2) A person who is not a resident of Canada is competent to operate a pleasure craft if the person

  • (a) has proof of competency as set out in subsection (1); or

  • (b) has been issued a certificate or other similar document by the person’s state or country of residence attesting that the person has acquired the boating safety knowledge required by the state or country.

Transitional Provisions

5 Subsections 3(1) to (3) and section 4 apply

• (a) beginning on September 15, 1999, to a person born after April 1, 1983 who operates a pleasure craft;

• (b) beginning on September 15, 2002, to a person born before April 2, 1983 who operates a pleasure craft that is less than 4 m in length; and

• (c) beginning on September 15, 2009, to a person born before April 2, 1983 who operates a pleasure craft of any length.

CCG-Accredited Courses

• 6 (1) A person shall apply for the accreditation of a boating safety course by making a written request and submitting 4 copies of the course to the Canadian Coast Guard.

• (2) The Canadian Coast Guard may accredit, as a CCG-accredited course, a course that

  • (a) defines boating terms and expressions;

  • (b) describes the responsibilities of the operators of pleasure craft, including the requirement to have the appropriate equipment and charts, maps and other documents on board the pleasure craft;

  • (c) sets out safety procedures to be followed by operators and occupants of pleasure craft, including appropriate responses to boating emergencies and other situations;

  • (d) sets out general boating safety knowledge; and

  • (e) reviews these Regulations and the provisions of the following statutes and regulations relating to the matters referred to in paragraphs (a) to (c), as applicable:

    • (i) the Canada Shipping Act,

    • (ii) the Contraventions Act and regulations made under it, as they pertain to contraventions of the Canada Shipping Act and regulations made under it,

    • (iii) the Criminal Code,

    • (iv) the Boating Restriction Regulations,

    • (v) the Charts and Nautical Publications Regulations, 1995,

    • (vi) the Collision Regulations, and

    • (vii) the Small Vessel Regulations.

• (3) The Canadian Coast Guard may

  • (a) suspend the accreditation of any boating safety course where the course no longer meets the criteria set out in subsection (2); and

  • (b) reinstate the accreditation where the reasons for the suspension have been remedied.

CCG-Accredited Test

• 7 (1) A person who has had a course accredited under section 6 may apply for accreditation of a boating safety test by making a written request and submitting 4 copies of the test to the Canadian Coast Guard.

• (2) The Canadian Coast Guard may accredit, as a CCG-accredited test, a test that

  • (a) uses association items, multiple-choice questions or short-answer questions; and

  • (b) includes at least

    • (i) 9 items or questions on the matters referred to in paragraphs 6(2)(a) and (e),

    • (ii) 9 items or questions on the matter referred to in paragraphs 6(2)(b) and (e),

    • (iii) 12 items or questions on the matters referred to in paragraphs 6(2)(c) and (e), and

    • (iv) 6 items or questions on the matter referred to in paragraph 6(2)(d).

• (3) A CCG-accredited test shall be supervised for its duration by the person referred to in subsection (1) or by the person’s representative.

• (4) The Canadian Coast Guard may

  • (a) suspend the accreditation of any boating safety test where the test

    • (i) no longer meets the criteria set out in subsection (2),

    • (ii) is being administered in a manner that results in the examinee not being tested in accordance with those criteria, or

    • (iii) is not being administered in accordance with subsection (3); and

  • (b) reinstate the accreditation where the reasons for the suspension have been remedied.

Suspension and Revocation of Accreditations

• 7.1 (1) The Canadian Coast Guard may suspend or revoke the accreditation of the course or test referred to in section 7 or both, where it believes on reasonable grounds that the course or the test is being administered or given to a person in such a manner that, on completion of the course or the test, that person’s knowledge of the matters referred to in subsection 6(2) is doubtful.

• (2) The Canadian Coast Guard may reinstate the accreditation of the course or the test or both, where it is satisfied that the reasons for the suspension or revocation have been remedied.

• (3) No person shall administer a course or test where accreditation for the course or test has been suspended or revoked.

Rental Boat Safety Checklist

8 A person who makes a pleasure craft available for rent must include, in a rental boat safety checklist, a statement that they have given to the persons who will operate the pleasure craft information pertaining to

• (a) the operation of the pleasure craft;

• (b) the principal boating safety rules; and

• (c) the geographic features and hazards in the area in which the pleasure craft will be operated.

Powers of Enforcement Officers

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

• (a) ask any pertinent questions of, and demand all reasonable assistance from, the owner or master, or any person who is in charge or appears to be in charge, of a pleasure craft;

• (b) require that the owner or master or other person who is in charge or appears to be in charge of the pleasure craft produce forthwith

  • (i) personal identification, and

  • (ii) any other document required by these Regulations; and

• (c) go on board any pleasure craft.

• 8.2 (1) Subject to subsection (2), an enforcement officer may, in order to promote public safety or to ensure compliance with these Regulations, direct or prohibit the movement of a pleasure craft or direct the operator of a pleasure craft to stop it.

• (2) Except in an emergency, an enforcement officer shall not, without the prior consent of the person in charge of monitoring marine traffic, give a direction under subsection (1) that would contradict a direction given by that person in respect of a pleasure craft 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 Canada Shipping Act.

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

Coming into Force

9 These Regulations come into force on April 1, 1999.