BOATING SAFETY NOTICE
The Contraventions Act in British Columbia
The Contraventions Act is a federal statute that establishes a
simplified procedure for prosecuting certain federal offences.
The Act provides that an enforcement officer may prosecute an offender
by issuing a violation ticket (similar to a provincial traffic ticket)
instead of requiring them to attend a mandatory court appearance.
Almost 300 federal offences relating to pleasure craft are designated
as ticketable offences under the Contraventions Act. These
offences can be found in the Small Vessel Regulations, Collision
Regulations, Boating Restriction Regulations, Private Buoy Regulations,
Competency of Operators of Pleasure Craft Regulations, and the
Navigable Waters Protection Act. Fines for typical boating offences
range from $100 to $250.
In June 2004 the governments of Canada and British Columbia signed an
agreement to implement the Contraventions Act in British Columbia. The
agreement is expected to come into force in the Spring of 2005.
By allowing enforcement officers to issue tickets to offenders under a
provincial ticketing scheme the Contraventions Act gives them a simpler
tool for enforcing the law; offenders are treated in a manner that is
more appropriate to the seriousness of the violation, and the time of
the courts is saved for more serious prosecutions.
Implementation of the Contraventions Act will give enforcement agencies
in British Columbia the same tools that are available to enforcement
officers in Manitoba, Ontario, Quebec, Nova Scotia, New Brunswick and
Prince Edward Island. Anecdotal evidence indicates that in the six
provinces where the Contraventions Act has been implemented there has
been a substantial improvement overall in the level of compliance and
consequently, boater safety.
Some typical boating offences:
$100 operating a
power-driven vessel without a muffler
$200 fail to
carry personal flotation devices, lifejackets or other safety equipment
$100 operating
a vessel in a careless manner, without due care and attention or
without reasonable consideration for other persons
$100 failure to
operate gasoline engine blower for a period not less than 4 minutes
$100 fuelling--
knowingly allow leakage of fuel within or from a small
vessel
$250 operating
a power-driven pleasure craft less than 4 meters without a Pleasure
Craft Operator Card or equivalent
$250 allowing a
person under 16 years of age to operate a personal watercraft
$100
speeding
For more information on federal Contraventions and their applicable
fines, check on-line at http://laws.justice.gc.ca/en/index.html.
From the list of “Frequently Accessed Statutes”, click on
“Contraventions Act”. Scroll down to “Related Regulations” and click on
“Contraventions Regulations.”
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