GBA - 2019 Spring Update

8 ≥ GBA UPDATE Spring 2019 BOATING By Andrew Hurlbut, Chair, Boating, Safety & Emergencies Committee Weed on the Water Bill C45 made recreational cannabis legal on October 17, 2018. Concurrently Bill C46 was passed to update the country’s impaired driving laws. So what does this mean for boaters? The legislation is new, so there are still many issues to be worked out. But here’s what we know so far. First of all, boating while impaired by drugs wasn’t allowed before C46 and isn’t now. You must be 19 years of age to possess cannabis in Ontario. You are allowed to transport small amounts of cannabis in your boat but it must be in a closed container and/or not readily available to anyone in the boat. Usage is not allowed in a vehicle or boat while being driven, or while under someone else’s control. Use is allowed in boats that are moored or anchored and meet certain criteria, which include having permanent sleeping accommodations, cooking facilities; and “a head” – the same as for alcohol. Currently the OPP relies on “standard field sobriety tests” to determine impairment from cannabis. You are legally bound to submit to this test. If impairment is indicated, you could be arrested and taken to the local detachment for further testing. The officer could suspend your license for 3, 7 or 30 days. Depending on the severity of the offence, penalties beyond license suspension could be applied. In future, the OPP will likely have equipment to test saliva for proof of impairment by drugs on the water. The laws governing alcohol, cannabis and impaired driving apply to all types of vessels – including human-powered watercraft. Read on… A Canoe is a Vessel On November 15, 2018 Justice Peter West made an historic ruling in the ongoing trial of David Sillers, who faced charges relating to the death of 8-year-old Thomas Raincourt. Thomas died when the canoe he was in tipped over and he went over High Falls in Muskoka. Mr. Sillers, who was also in the canoe, is alleged to have been legally impaired. Don’t Smoke Dope in Your Canoe and other Boating Tips Source: Source: