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BUI Laws in Canada

In Canada, it is illegal to operate a motorized boat while impaired by alcohol or drugs. 

Passengers may legally consume alcohol only if the boat is anchored or docked and equipped with permanent sleeping, cooking, and toilet facilities (a boat that is a residence). While underway, boat operators and passengers must remain sober and drive carefully to avoid heavy fines and even prison time for repeated offenses.

Key takeaways

  • Boating under the influence of alcohol or drugs is illegal in Canada.
  • Laws are in place because BUI is dangerous and poses a threat to those who are impaired and also others sharing the water.
  • Punishments range from large fines to jail time.
  • Boaters must adhere to blood level limits for alcohol and THC, and must also demonstrate responsible behavior while operating to qualify as unimpaired drivers.

Table of contents

  • BUI
    • How the Law Defines “Impaired”
    • Legal Blood Alcohol Limits
    • Legal Blood tetrahydrocannabinol (THC) Limits
  • Penalties for Impaired Boating
  • Impaired Boating Enforcement
  • Signs of Impairment While Boating

BUI

Boating Under the Influence (BUI) in Canada is a serious criminal offence under the Criminal Code, with penalties identical to impaired driving on roads.

How the Law Defines “Impaired”

The law defines a driver as being impaired if their blood concentration level exceeds the legal limit for alcohol or THC. However, boating involves exposure to sun, waves and movement, which can cause impairment even at non-legal limits. Therefore, impairment may also be defined as someone demonstrating an inability to operate their vessel safely, as determined by an officer of the law.

Legal Blood Alcohol Limits

It is illegal to operate a boat with a Blood Alcohol Concentration (BAC) over 0.08%. First offences include a minimum $1000 fine, and convictions can lead to criminal records and the suspension of your boating license. 

Alcohol is a factor in over 40% of recreational boating fatalities.

Legal Blood tetrahydrocannabinol (THC) Limits

It is illegal to operate a boat if you have 2-5 nanograms (ng) of tetrahydrocannabinol (THC) per ml of blood, or 50 mgs of alcohol per 100 ml of blood and 2.5 ng of THC per ml of blood. The same punishments apply as for boating under the influence of alcohol. 

Cannabis is now legal, but driving a boat while high is not, and poses a serious safety threat.

 

Penalties for Impaired Boating

  • First offense: $1,000 fine 
  • Second offense: At least 30 days imprisonment 
  • Third offense: At least 120 days imprisonment

 

Impaired Boating Enforcement

Boating Under the Influence (BUI) laws in Canada are enforced by a variety of federal, provincial, and local authorities, including the RCMP, provincial and local police forces, and even conservation officers (as are other boating safety regulations).

However, anyone can call 9-1-1 if they see a suspected impaired boater. Be prepared to provide as much information as possible about the boat and its operator, passengers and location. 

 

Signs of Impairment While Boating

An impaired boater may do any or all of the following:

  • Operate their vessel above the safe speed limit
  • Drive in a careless or dangerous manner (fast turns, etc.)
  • Operate a vessel without navigation lights at night or other safety equipment
  • Be seen consuming alcohol or drugs openly while on their boat

Impaired boating threatens your safety, the safety of others, and the well-being of marine environments.

 

 

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.

 

Sources

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