Boating Regulation Developments 
Paul Jurbala

Over the past several years, a host of boating-interested groups have
been meeting to discuss changes to Canada's outmoded and in many cases
ineffective boating regulations. The interested parties include the
Coast Guard (waterways being federally-regulated), boating groups like
Canadian Power and Sail Squadrons, manufacturers groups including
Canadian Marine Manufacturers Association, sport groups from sailing,
canoe and water skiing, marina operators, cottage groups and so on.

These discussions have been happening in a rapidly changing
environment. The stability of government agencies (or government-funded
agencies) is now virtually non-existent as government at all levels
tries to dump responsibilities on other jurisdictions in order to cut
costs.  As the federal government considers handing off to the
provinces, and as Ontario considers handing off to...who?, the issue of
who will manage and enforce boating regulations becomes a very open
one.

Out of the round of meetings, surveys and public consultations, several
main themes emerged:

Boat Registration: Currently, power boats 10 hp and over must carry
visible registration numbers. The number, obtained through Canada
Customs and Excise, is free, but more to the point is not databased in
a way that allows it to be used for easy owner identification by
enforcement or search and rescue agencies. If wreckage is found bearing
a registration number, the owner cannot be quickly traced to find out
who may be lost out on the water.  The recommendations from most groups
consulting on the problem were that there should be central control,
preferably federal, of the registration function, and that this should
be automated and done at as low a cost as possible. Several groups felt
that deregulation (as in the trucking industry) leads to a chaos of
incompatible rules and data systems, and that federal control would
prevent this. If the recommendations are adopted, a likely outcome is
that each boat owner (perhaps excluding small non-powered craft such as
kayaks or sailboards) will pay a low fee ($10?) which would go toward
maintaining the central database.

Operator Standards: Should operators be licensed? By whom? To what
standards?  Clearly boat retailers, manufacturers and related groups
(marinas, etc.) oppose steps which would make boat ownership more
difficult. On the other hand, other groups point to irresponsible use
of personal water craft (PWCs) and power boats by minors and
incompetent adults. And the courts may become more involved - in a 1995
PWC-related death, the coroner's jury requested proof that the rental
marina provided adequate training, which could form a precedent. When
you last loaned out your ski boat (ie let a friend drive it so you
could ski), did you make sure he or she was properly trained in its
use?

There was a consensus, at least as reported in the joint Ontario/
Transport Canada Recreational Boating Safety report, that education of
operators should be highly stressed. Again, how? Many groups are
pushing courses like those of the Power and Sail Squadron, and this
could ultimately be an opportunity for the OWSA. At present, though,
there is no decision on whether mandatory  or voluntary operator
training or licensing will be the end result. Given the government
cutback thrust, mandatory training offered by recognized arms-length
agencies could be the likely scenario.

Enforcement: Theres widespread concern that current enforcement is
inadequate. Patrols on the water are infrequent at best, so what good
will beefing up standards do if theres no one to enforce them?  There
was strong support for a ticketing system and additional enforcement
officers. At the same time, however, the Ontario government has
announced its intention to downsize the OPP, putting its boating
program in jeopardy.

Personal Flotation Devices: There was also widespread consensus on PFD
use and standards: PFDs should be Coast Guard Approved in a wider range
of colours, and mandatory use should be considered for all boaters. The
current regulation only stipulates that there be a flotation device for
every occupant of a boat and for the skier on board - not actually in
use.

In the best case, this consultation process will result in changes to
existing regulations to enhance boating safety with minimal additional
inconvenience to boaters. In the worst case, government's desire to
divest itself of cost (and responsibility) will result in selective
application of the recommendations, and an unwieldy registration and
enforcement method which varies with the jurisdiction. Which will it
be?