The provision is in the first paragraph of Section 327 and states that " A
vessel operator shall require everyone on his vessel to wear a PFD whenever
on the water."
The Act is drafted somewhat bizarrely and this bit looks like it may have
been tacked on at the last minute. Still, it is part of the Act. It is not
clear what "on the water" means. At least in Section 328, which is the
section which requires wearing of PFDs by under-17's, the term "operate" is
used, which is defined not to include when a vessel is at anchor or moored.
Although, the first paragraph of Section 327, noted above, applies to all
vessels, most of the requirements contained in Section 327 (carriage of
PFDs) and 328 (wearing of PFDs by minors) are limited to recreational
vessels which are not defined. While a bareboat charter boat may be included
in the definition of a commercial vessel, it is not clear that such a
vessel, being used recreationally by the charterer would not be considered a
recreational vessel.
Truly a feast for lawyers!
J.E. Fordyce
Entre Deux Mers
MT 36 Sundeck
Killbear Marina
Georgian Bay ON