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There are laws in place that govern the behaviour of pleasure craft operators on Canadian waters. Their purpose is to keep waterways safe for everyone who uses them. Boaters who contravene these laws may find themselves facing fines or imprisonment, depending on the severity of the infraction.
In this article, Drive a Boat Canada presents a list of offences and fines for dangerous boating behaviour.
Key takeaways
- It is a crime to operate a vessel in a way that is dangerous to the public (e.g., high speed, reckless maneuvering) or to knowingly operate an unseaworthy boat (e.g., damaged hull, overloaded).
- Failing to stop and render assistance to a boater in distress or after a collision is a criminal offence.
- You must have your Pleasure Craft Operator Card (PCOC) on board, or face a fine.
- Operating a boat while consuming or under the influence of drugs or alcohol is a serious criminal offence, punishable by fines or imprisonment.
- Operating a boat without required safety equipment, or with gear that is inadequate or not readily accessible, can also result in a fine.
- Failing to comply with a demand from an enforcement officer (such as providing ID or allowing an inspection) is considered an offence.
Table of contents
- 9 Major boating offences under the Criminal Code
- 1. Posing a danger to the public
- 2. Consuming drugs or alcohol on a boat
- 3. Towing after dark without a spotter
- 4. Failing to render assistance
- 5. Failing to obey an enforcement officer
- 6. Sending false distress signals
- 7. Knowingly operating a vessel that is not up to standard
- 8. Interfering with aids to navigation
- 9. Operating a boat without the right qualifications, or when forbidden by law
- Fines under the Contraventions Regulations
- Frequently Asked Questions
9 Major boating offences under the Criminal Code
The following dangerous boating behaviours constitute criminal offences under the Criminal Code of Canada and may be punishable by fines or imprisonment.
1. Posing a danger to the public
It is an offence to operate a vessel in a way that is dangerous to the public. This includes boating too close to other vessels, going at dangerously high speeds and failing to slow down in conditions where visibility is reduced.
2. Consuming drugs or alcohol on a boat
It is an offence to operate a vessel while consuming or under the influence of drugs or alcohol.
3. Towing after dark without a spotter
It is an offence to tow someone after dark or without a spotter. Towing is prohibited from one hour past sunset until sunrise because other boaters may not be able to see the person being towed. When towing, there must always be a spotter facing aft and keeping watch over the person being towed.
4. Failing to render assistance
It is an offence to fail to stop and render assistance to a boater in distress. Whether you are involved in an accident with another vessel or simply happen upon a collision, you are required to offer what assistance you can without compromising your own safety.
5. Failing to obey an enforcement officer
It is an offence to fail to comply with a demand made by an enforcement officer. These demands may include boarding and inspecting the vessel, making sure safety requirements are met and asking for your boating licence and ID.
6. Sending false distress signals
It is an offence to send false distress signals, because rescue teams that respond are then unavailable for any real emergencies that may occur.
7. Knowingly operating a vessel that is not up to standard
It is an offence to knowingly operate a vessel that is unseaworthy. Characteristics that make a vessel unseaworthy include, but are not limited to:
- A damaged hull or the wrong type of hull for the activity
- An engine that does not meet requirements or is the wrong type
- A vessel that is exceeds maximum capacity
- Boating safety equipment that is not in good working order.
If you aren’t sure whether your boat is up to standard, you can also request a free Pleasure Craft Courtesy Check.
8. Interfering with aids to navigation
It is an offence to interfere with navigation aids (e.g. concealing, removing or altering them). This includes tying up to or near a boating buoy, because you could accidentally drag it away from its position or conceal it from other vessels.
9. Operating a boat without the right qualifications, or when forbidden by law
It is an offence to operate a vessel while disqualified (without a licence) or prohibited (restricted following a previous offence) from doing so.
Safe and legal boat operation in Canada also requires a Pleasure Craft Operator Card (sometimes referred to as a boating licence). This certification proves that you have completed a Transport Canada approved boating course and passed an official boating exam.
Fines under the Contraventions Regulations
In addition to criminal offences, there are other boating offences that are subject to fines under the Contraventions Regulations. These include, but are not limited to:
| Offence | Fine |
| Operating vessel in an unsafe manner | $500 |
| Failing to report running down or damaging an aid to navigation | $500 |
| Removing or altering a compliance notice on a vessel | $350 |
| Failing, after a collision, to give name of vessel or name and address of authorized representative to master or person in charge of other vessel | $250 |
| Discharging a prescribed pollutant | $250 |
| Failing to provide reasonable assistance | $250 |
| Operating a vessel without a Pleasure Craft Operator Card on board | $250 |
| Operating unlicensed pleasure craft or permitting someone else to do so | $250 |
| Altering, defacing, concealing or removing the licence number on pleasure craft | $250 |
| Allowing a person under 16 years of age to operate a personal watercraft | $250 |
| Operating vessel where prohibited | $200 |
| Operating vessel with excessive horsepower | $200 |
| Operating vessel at excessive speeds | $200 |
| Operating vessel with safety equipment that is inadequate, in poor condition or not readily accessible for use, including navigation equipment, firefighting equipment, etc. | $200 |
| Failing to wear personal flotation device or lifejacket, or altering it in a way that makes it less effective | $200 |
| Towing a person on any water sport equipment, or allowing a person to wake surf, outside permitted hours | $200 |
| Allowing someone under age 16 operate a pleasure craft with more than 30 kW engine power (or the person themselves) | $100 |
For a complete list of offences and associated fines, please visit the Contraventions Regulations website.
Get your boating licence with Drive A Boat Canada!
We offer a comprehensive online course leading to lifetime certification. Register with Drive a Boat Canada today, and learn everything you need to know to pass the boating exam. With your boating licence (PCOC), you can take to the water legally anywhere in the country.
Frequently Asked Questions
Yes. Operating a vessel while impaired by alcohol or drugs falls under the same sections of the Criminal Code of Canada as impaired driving of a motor vehicle. Penalties can include fines of $1,000 or more, potential jail time (7 days), and the suspension of your provincial driver’s license (even though it’s a boat offence).
Operating a vessel in a manner that is dangerous to the public, considering all circumstances (like speed, visibility, and water conditions), is a criminal offence under the Criminal Code of Canada. Examples include reckless high speed near swimmers or in congested areas, or jumping wakes at an unreasonably close distance.
Failing to stop and offer assistance at the scene of an accident or collision is a serious criminal offence. You could be fined $250.
Yes. Knowingly operating a vessel that is considered “unseaworthy” (e.g., has a damaged hull, inappropriate engine, or is severely overloaded) and thereby endangering the life of any person is a serious criminal offence.
Yes. It is a criminal offence to tow a person on water skis, a tube, or any other object during the period from one hour after sunset until sunrise due to visibility risks.
Sources
- Government of Canada Speed and impaired boating. Boating Safety. https://tc.canada.ca/en/marine-transportation/marine-safety/boating-safety/speed-impaired-boating
- Government of Canada Contraventions Regulations (SOR/96-313) Consolidated Regulations. https://laws-lois.justice.gc.ca/eng/regulations/sor-96-313/page-2.html#h-981801
- Government of Canada Contraventions Regulations (SOR/96-313) Consolidated Regulations. https://laws-lois.justice.gc.ca/eng/regulations/sor-96-313/page-4.html
- Government of Canada Criminal Code (R.S.C., 1985, c. C-46) Consolidated Acts. https://laws-lois.justice.gc.ca/eng/acts/c-46/section-320.14.html
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