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Impaired Boating: The Canadian Safe Boating Council estimates that about 40 per cent of Canadians take to the water in boats each year. Like impaired driving, operating a boat under the influence of alcohol is a serious offence. Under s.320.14(1) of the Criminal Code, anyone who operates a motor vehicle, vessel, aircraft or railway equipment while their ability to operate it is impaired by alcohol or a drug or both can face charges. The Code states that you could face a fine of at least $1,000. It is important to note that provinces have their own guidelines and penalties can be more severe than federal guidelines.
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What is 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.
Passengers who drink while the boat is underway can also face charges for public intoxicationVisibly drunk or under the influence of drugs in public under s.175 (1) of the Criminal Code or can be fined for possessing an open containerAlcohol where the seal has been broken of alcohol under each province's regulations or municipal bylaws.
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.
How are Impaired Boating Offences Enforced?
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.
Penalties for Impaired Boating
According to the DoJ 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 increases the mandatory fines for first offenders with high blood alcohol concentrations (BAC):
- A first offender with a blood alcohol concentration of 80 to 119 mg of alcohol per 100 ml of blood is subject to a mandatory fine of $1,000.
- The mandatory minimum fine for a first offender with a BAC of 120 to 159 mg of alcohol per 100 ml of blood is $1,500
- The mandatory minimum fine for a first offender with a BAC of 160 mg or over of alcohol per 100 ml of blood or more is $2,000. The mandatory minimum fine for a first offender who refuses to comply with a lawful demand is $2,000.
The mandatory minimum penalty for a third alcohol or drug impaired charge is 120 days in jail, with a maximum 10-year prison term.
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.
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Keli D. Mersereau Criminal Law Office
Shellie Addley Barrister and Solicitor.
Orkin Katherine E
Glossary of Legal Terms
Open container
Any alcohol where the seal has been broken. It is illegal to possess alcohol in an open container if you are in a private vehicle or a private boat.
Oral fluid sample
Oral fluid is a mixture of saliva and other materials found in the mouth that law enforcement officers check for indications of drug imprairment.
Public intoxication
Where a person is visibly drunk or under the influence of drugs in public. Someone may be charged with causing a disturbance if they are drunk in a public place.
