The Red Cross claims that up to 200 Canadians will drown this year as a result of boating-related incidents, and 25% of those will have alcohol in their blood. Many other incidents involving even serious injuries are not reported.
In all provinces of Canada, operating a boat while under the influence of alcohol is illegal. In some provinces, no one on board can consume alcoholic beverages while the boat is being operated. In provinces like Ontario, you can't even transport alcohol unless the boat is classed as a "home" with sleeping accommodations and a head. There are differences between provinces, but all require alcohol on board to be packaged and out of reach. Even then, when you visit shore or even on board your own boat, Ontario law says you must not "display alcohol to the public". Alcohol consumed at a public picnic table is usually illegal. If you are visiting a marina, you should check to see to make sure it's a "private club", not a public place, before drinking at a picnic table on shore.
Impaired Boating (Transport Canada Aug/2005):
Boating while impaired is an offence under the Criminal Code of Canada. The laws are enforced by local, provincial and federal police who carry alcohol-screening devices on the water.
Upon conviction for the offence of impaired operation of a vessel, or of operating a vessel with more than 80 milligrams of alcohol per 100 millilitres of blood, a person is liable of the following:
1st offence - a minimum fine of $600
2nd offence - imprisonment for not less than 14 days
3rd and each subsequent offence - the maximum sentence for these offences
may vary depending on provincial statutes.
Transporting Alcohol (Alcohol and Gaming Commission of Ontario):
Under what circumstances is it illegal to transport beverage alcohol?
It is illegal to transport beverage alcohol in a motor vehicle, a motorized
snow vehicle or a boat unless the beverage alcohol is in a container that is
unopened and the seal unbroken, or unless the beverage alcohol is packaged in
baggage that is fastened closed or is not otherwise readily available to anyone
in the vehicle. In a boat, the beverage alcohol must be stored in a closed
compartment.
What boats may carry alcohol (Ontario Liquor Laws Sec.3/7):
A boat with permanent sleeping accommodations and permanent cooking and sanitary
facilities, other than a boat used to carry passengers for hire, is considered
to be a private place while the boat is at anchor or is secured to the dock
or land. ...
For more information about the law, see the Office of Boating Safety in our Government Directory or ask the Provincial Police.
The following messages were from a discussion in the can.rec.boating newsgroup (quoted text deleted for brevity). The information posted is not represented as the absolute truth on this subject - call your provincial police about laws pertaining to drinking and driving.
Date: Sat, 17 Jul 1999
From: John Broderick
I will be taking a houseboat trip with 12 friends this summer, and as the
captain, I want to make sure we avoid conflict with the law while on the boat.
Can anybody fill me in on some alcohol laws applicable to our trip aboard
a houseboat?
-Shuswap lake, in BC
-everybody of age of course
I'm looking to know if we'll be ticketed for simply having a beer while suntanning
on the deck, drinking while the boat is stopped and off in the middle of the
lake, or if it is no tolerance. I appreciate the responses as this will help
us not to learn the hard way!
Subject: Re: alcohol on houseboats
Date: Sun, 18 Jul 1999
From: Rick
Hi John, different provinces can have somewhat different rules about alcohol
consumption and transportation however it is safe to say that you are permitted
to consume on board a houseboat but you will have to be stopped where you
will be spending the night. I don't believe the middle of the Lake will qualify.
Subject: Re: alcohol on houseboats
Date: Sun, 18 Jul 1999
From: TB
Hi ... not sure about BC ... suggest you phone local juristiction police for
clarification. In Ontario laws are strict. NO booze while running. Anyone
! Must be anchored and have PERMANENT cooking and head facilities... IE no
porta potties and hibachi's. Boat considered your residence while anchored..
Get caught ... bye bye drivers licence for a year [not true] and mammoth fine,
plus insurance skyrockets... hope that helps
Subject: Re: alcohol on houseboats
Date: Wed, 21 Jul 1999
From: [spam address deleted] Patrick Buthmann
There currently is no law affecting your driver's licence while boating /
drinking in Ontario.
This is under discussion by the province, but it has not been passed as of
yet. What if you don't have a driver's licence? They are not required to operate
a boat?
Nonetheless, one of the charter's running out of our marina received a $210
fine for open liquor on his boat this past Saturday. All he had were empties
with him. No points on his D/L [drivers licence], no insurance rate increase.
This is a straight fine so far, however, it's likely to change soon.
Subject: RE The Law Alcohol & Boating CANADIAN Criminal code
Date: Wed, 21 Jul 1999
From: TB
Just to clear up a point re the operation of any motor vehicle. (Boat being
defined as a motor vehicle) below is a direct cut and paste from the government
web site. Note that it stipulates that a person may be charged with Impaired
driving if caught. Impaired driving is not restricted to a car. Penalities
are the same for either. I don't believe that anyone has suffered a loss of
their driving (auto) priviliges due to drunk boarting but this is where they
are going. There are 2 cases before the supreme court at the moment.
THE LAW ... (ALCOHOL & BOATING)
CANADIAN CRIMINAL CODE
It is an offence, under the criminal code of Canada to operate any vehicle
or vessel when the ability to do so is impaired by alcohol or while the alcohol
concentration in the bloodstream is more than 80 milligrams per l00 millilitres
of blood.
The Criminal Code of Canada also states that a person can be charged for impaired
driving even at levels below 80 mg/100ML.
Many people fail to realize that "two" charges can be levied against them
should they be found to be impaired while operating a vessel or vehicle. One
for being over 80 mg, and the other for simply being impaired.
Ontario Liquor Licence Act:
Sec. 32 (3) No person shall operate or have care or control of a boat
that is underway while there is contained in the boat any liquor, except under
the authority of a licence or permit.
Sec.32 (4) Exception-Subsection (3) does not apply if the liquor in
the boat, (a) is in a container that is unopened and the seal unbroken, (b)
is stored in a closed compartment.
Sec. 32 (5) A police officer who has reasonable grounds to believe
that liquor is being unlawfully kept in a vehicle or boat may at any time,
without warrant, enter and search the vehicle or boat and search any person
found in it.
Sec.32 (6) Definition-In this section, "boat" includes any ship or
boat or any other description of vessel used or designed to be used in the
navigation of water.
CONSUMING LIQUOR IN A BOAT,
ONTARIO LIQUOR LICENCE ACT REGULATION 718
Sec. 3 (7) A boat with permanent sleeping accommodation and permanent
cooking and sanitary facilities, other than a boat used to carry passengers
for hire is considered to be a private place while the boat is at anchor or
is secured to the dock or land.
DRINKING AGE: The legal drinking age in Ontario is 19 years old.
Subject: Re: Alcohol and Canadian Boating
Date: Sun, 19 Jan 2003
From: Pat Fusk
Here in New Brunswick we 200 years behind, this past summer 3 of my buddies
out fishing at 7:00 A M were stopped by the R C M P for a check up, they had
a cooler on board a 13 foot Bosto Whaler type boat, in the cooler they had
7 cans of pop and one lonely beer, the owner was charged with illegal possession
and fined $25, TODADAY IT WOULD BE $84.75. You can't even drink in your front
yard, you have to be out of sight of all people, especially young children.
It takes some getting used to when you come from a Province like Quebec where
just about anything goes. I know this is going to date me but, I remember
going to the corner grocery store in Quebec City for my father and picking
up 3 quarts of Dow Beer for $0.90 and keeping the dime for my troubles. I
still believe in live and let live within reason. I allow drinking on my boat(
42 foot wooden boat) but I abstain until we are back in the Marina and tied
up for the day, and then as my good wife says, I play catch up to the other
drunks..
For a story about a Canadian who landed in the U.S.A. and went to jail over a few beers, read "Canadian boater refuses to drink and drive, lands in U.S. jail" (www.canada.com).
