SAFETYfirst by rick snowdon
Law and Order...on the water K
ayakers tend to be a pretty sensible bunch. There are no fistfights in the dockside bars, and no cross-border trade in endangered species. I’ve never heard of a kayak hijacking, or about anyone try- ing to make a fast getaway with a hatch stuffed full of $20 bills. We tend to agree with the law, which is why we rarely get in trouble. As it applies to kayakers and boaters in general the law is really just out there for our own good. Nonetheless, slip up on the wrong day or get careless, and there you go; a run-in with the flashing lights and someone in an imposing uniform. Here, for your continued trouble- free touring, is an overview of law and enforcement on the water.
The law in Canada goes through a complex process to become enact- ed. You know, the how-a-bill- becomes-a-law process we all learned in high school history class. To understand how it all works for us as kayakers, consider that there is no one Act of Parliament describing every law. Rather, each act contains within it regulations that must be complied with and failure to comply is an offence. What we have to con- tend with is a bit of a mix, especially considering that kayaks are rarely specifically considered when it comes to making legislation. The Criminal Code of Canada is an act that generally sets out what is considered an offence to society and individuals. If one were creative, one
could theoretically commit the same actions that are considered offences on land from the seat of a kayak; that is, if it’s bad on land, it’s bad on the water. In particular, no person may operate a vessel while impaired (a $600 fine and/or five years in jail for the first offence), and the unwar- ranted use of a distress signal will result in an arrest and trial in court. More specific to our preparation and conduct on the water, the Canada Shipping Act (CSA) con- tains several sets of regulations for boaters. Failing to carry one of the required equipment items, as set out in the Small Vessel Regulations, is an obvious offence that may be first on our minds when getting ready for a trip (see sidebar). The Charts and
Nautical Publications Regulations insist we carry charts and tide and current tables of the area through which we’re traveling unless we can prove we have local knowledge or that the charts don’t exist in a useful scale. We must also observe the rules of the road as set out in the Collision Regulations. Interfering with the passage of a larger vessel will result in a court summons and dumping garbage into a waterway is a $105 fine.
As for our VHF radios, Radio and
Telecommunications Act describes regulations related to the use of radio and telecommunications equipment in Canada. If you counter the regulations by making a false distress signal or sending interfering,
superfluous, profane or unnecessary signals, expect a $5000 fine and/or one year in jail.
The penalties applicable under Canadian law are fairly broad, as is the manner in which they are meted out. Depending on the specific offence, the province you live in and the judgment of the attending law enforcement officer, you may be given a ticket or fine, arrested and brought to trial for punishment or summoned to court for a judge to decide the weight of your offence (which could lead to a fine or jail time or both). Fines are set federally but can carry other charges as set by the provinces, such as victim fine sur- charge, administrative charges and court costs.
The Small Vessel Regulations in the Canada Shipping Act are quite spe- cific regarding what pleasure vessels need to have on board in order to satisfy the letter of the law.
• A Canadian Coast Guard-approved PFD of correct size for everyone on board
• 15 metres buoyant rope
• A manual propelling device (aka paddle) or an anchor with minimum 15 metres of rope
• A bailer or pump capable of pumping from the bilge over the side (the bailer opening should be greater than 65cm2 greater than 750ml)
and have a volume • A sound signalling device (aka whistle)
• A white light that can be shone in enough time to prevent a collision if you’re paddling between sunset and sunrise
* If your kayak is over 6m (19.8 feet) in length, you must also carry a waterproof flashlight at all times and 6 flares of type A, B or C.
If you’re found to be lacking any of the above the penalty is a fine vary- ing between $100 to $200 for each item missed, plus possible court costs and a victim surcharge that may make the final fine add up to as much as $255. Is it worth the risk for a piece of equipment that’s certainly use- ful to you anyway? Remember that there’s a wide selection of other safe- ty gear that’s not required by law. Depending on your trip it may be wise to carry: radio, EPIRB, first aid kit, repair kit, map/chart and compass, spray deck, paddle float, spare paddle and other parts, flotation, warm paddling and shore clothes, towline, matches, and snacks and water.
12 FALL2002
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