Criminal Code of Canada

You do not have to memorize the section numbers; just be aware of the general content as it relates to boating safety.     Violations can result in charges being laid under the Criminal Code of Canada.

04.00#00
Section 126(1)

Failure to follow the lawful instruction of a peace officer enabled by any statute may result in a penalty, on conviction, of up to 2 years imprisonment, where any other punishment is not prescribed.


04.01#00
Section 249(1)

The operator of a pleasure craft cannot operate a craft in a manner that is dangerous to the public.


04.02#00
Section 250(1)

The operator of a pleasure craft must have onboard, independent of the operator, a person to keep watch on the person being towed.

Section 250(2)

The operator of a pleasure craft cannot tow a person after dark (one hour after sunset to sunrise).


04.03#00
Section 251(1)

The operator of a pleasure craft cannot knowingly operate a pleasure craft that is unseaworthy.


04.04#00
Section 252(1)

The operator of a pleasure craft must stop and offer identification and assistance when the operator is involved in an accident.

The Canada Shipping Act 2001 describes the authority of law enforcement officers to demand information and board and inspect a vessel.


04.05#00
Section 253

The operator of a pleasure craft cannot operate a pleasure craft while impaired or while having a blood alcohol level greater than 80 mg/100ml.

Ontario Regulation

Police may suspend a licence if your blood alcohol level is between 50 and 80 mg/100ml (known as the "warn range").

Provincial Regulation

Operating a pleasure craft while impaired by alcohol could result in losing your motor vehicle driver's licence in some provinces.

 

The consumption of alcohol, drugs or controlled substances can impair a persons' ability to operate a pleasure craft.


04.06#00
Section 254, 255

It is an offence to refuse to comply with a reasonable demand by a peace officer for a breath sample or a blood alcohol sample.

On conviction of impaired operation, penalties may range from a $1000 fine to life imprisonment. A blood alcohol level greater than 160 mg/100ml will be considered an aggravating circumstance in sentencing.


04.07#00
Section 259

On conviction of impaired operation a person may be prohibited from operating a vessel for a specified period of time.

Operating a vessel while disqualified is an offence that can lead to additional penalties such as fines or imprisonment.


04.08#00
Section 372

The operator of a pleasure craft cannot send false messages.


04.09#00
Section 439

The operator of a pleasure craft cannot interfere with a marine signal by:

  • making fast to a signal, buoy or other sea-mark that is used for purposes of navigation.
  • willfully altering, removing or concealing a signal, buoy or other sea-mark that is used for purposes of navigation.

Review.