Impaired Boating

According to a 2019 CTV News report, about 100 people die each year in boating accidents, with alcohol a factor in about 40 per cent of those deaths. The Canadian Safe Boating Course states consuming alcohol while operating a boat is no less dangerous than in a car and the "effects of the sun and wind, combined with the use of alcohol, seriously distorts judgment and dulls the reflexes."

Section 320.14 (1) of the Criminal Code states that it is against the law to operate any "conveyance," including a boat, if impaired by alcohol or a drug or by a combination of both. Impairment can be measured through urine or blood samples. You are considered to be impaired if you have a blood alcohol concentration (BAC) of .08 per cent. 

Federal laws were revised after cannabis was legalized in 2018 to deter and detect those who operate a conveyance while impaired by any drug, according to the Department of Justice (Frequently Asked Questions - Drug-Impaired Driving Laws). It states that it is a criminal offence to be at or over a prohibited blood drug concentration for certain impairing drugs, including THC (the main psychoactive component of cannabis) and cocaine.

Section 175(1) does not make mere intoxication a federal offence. It can apply where a person causes a disturbance in or near a public place, including by being drunk. Provincial liquor or boating rules may separately govern possession or consumption of alcohol on a boat.

In the majority of provinces, boat passengers may legally consume alcohol in a boat if it:

• has permanent cooking facilities;
• has a permanent toilet; 
• is equipped with permanent sleeping facilities; and
• is anchored or docked.

It is important to note that provinces and territories have additional laws or regulations that may apply. Make sure to check regulations in your area.

There is no difference between impaired boating and impaired driving in the eyes of the law and the two are enforced in the same way. Recent federal reforms mean police no longer require a reasonable suspicion to demand a breath sample and if you refuse to comply with a demand for a sample you will face criminal charges that carry the same, or greater, penalties as impaired operation of a vessel.

According to the RCMP (Impaired driving investigations,) if you are, or were operating a boat within the preceding three hours and a police officer has reason to suspect that you have alcohol and/or drugs in your system they could demand that you:

• provide a sample of your breath on an Approved Screening Device ;
• provide an oral fluid sampleA mixture of saliva and other materials found in the mouth on Approved Drug Screening Equipment;
• participate in Standardized Field Sobriety Testing.

If you are arrested you would typically be taken to a police detachment where you will be asked for a blood sample to provide a more accurate measure of your level of impairment, the RCMP states. Police can also demand that you complete a 12-step DRE evaluation, which involves balance and attention tests along with a physical examination to check for such things as indications of needle use.

According to the Department of Justice, the mandatory minimum terms of imprisonment for impaired operation of a conveyance have not changed but there are higher mandatory minimum fines and higher maximum penalties.

The legislation sets mandatory minimum fines for a first offence based on your blood alcohol concentration (BAC) at the time of testing:

The standard mandatory minimum fine for a first conviction under this section is $1,000. This applies to any first-offence impaired operation conviction, regardless of BAC level.

If your BAC is at least 120 mg but less than 160 mg of alcohol per 100 mL of blood, the mandatory minimum fine for a first offence rises to $1,500.

If your BAC is 160 mg or more of alcohol per 100 mL of blood, the mandatory minimum fine for a first offence is $2,000.

A first offence of refusing to comply with a lawful demand (for a breath or blood sample) also carries a mandatory minimum fine of $2,000.

For a second conviction, the mandatory minimum is 30 days in jail.

For each subsequent conviction (the third, fourth, or any later one), the mandatory minimum is 120 days in jail. If prosecuted by indictment (the more serious procedure), the maximum prison term for impaired operation is 10 years.

Provincial laws could result in higher fines or jail sentences. In provinces such as Ontario, if you are convicted of operating a boat while impaired your boating and driving licences will be suspended. A conviction could also result in increased insurance premiums.

The Criminal Code's impaired-operation and dangerous-operation offences apply to operating a ‘conveyance’, which s. 320.11 defines to include a vessel — not just a motor vehicle. Operating a boat while impaired, over the legal alcohol limit, or with a prohibited drug concentration is charged under the same Part VIII.1 sections as impaired driving.