Summary of Boating and Drinking Laws in Ontario

As of June 24, Ontario has some of the strictest anti-drunk boating rules in the world.

Under Bill 209 now passed into law, drunk boaters will be subject to the same suspension penalties that now apply to drivers.

Boaters whose blood-alcohol level is 0.05 (50 mg per 100 ml) could be taking the bus home because of an immediate 12-hour suspension of their drivers licence. If they blow 0.08 or more, or if the police deem their ability impaired, the offender will receive a 90-day suspension.

Fines and jail terms will be left to the discretion of the judge on a case-by-case basis; however, a conviction will mean an immediate, one-year suspension.



Boating while impaired is an offence under the Criminal Code of Canada. Not only can you be charged for impaired operation of a vessel, or of operating a vessel with blood alcohol over the legal limit, you can also be charged if you are just having a drink while operating a vessel. While statutes differ by province, Canadian Law as it relates to drinking aboard can be broken down to two basic scenarios. For the majority of Canadian boaters, alcohol cannot be consumed by the operator of the vessel or passengers while the vessel is underway. The vessel has to be anchored, moored or hard aground. In fact alcohol is not even allowed on board unless the vessel is equipped with cooking, sleeping and sanitation devices. In short, the boat must qualify as a residence to legally have alcohol present. It must be noted that in Quebec, the regulations are somewhat different. While the operator cannot drink while underway, it is permissible for passengers to have a drink.
OSA


In all provinces of Canada, operating a boat while under the influence of alcohol is illegal. There are some differences in each province, but in generally you can carry alcoholic beverages if they are packaged and out of reach. No one can consume alcoholic beverages while the boat is being operated. You can only consume it onboard if the boat is a "home", and you are NOT underway. Even then, in Ontario, you must not "display alcohol to the public", whatever that means. If you are fastened to a dock, you should check with the marina to see if it's a "private club" or public place. Or just steam off the labels before you carry wine to a picnic table. In parks, even that will get you into trouble...
boating.ncf.com


Transporting Alcohol (Alcohol and Gaming Commission of Ontario):
Under what circumstances is it illegal to transport beverage alcohol?
It is illegal to transport beverage alcohol in a motor vehicle, a motorized snow vehicle or a boat unless the beverage alcohol is in a container that is unopened and the seal unbroken, or unless the beverage alcohol is packaged in baggage that is fastened closed or is not otherwise readily available to anyone in the vehicle. In a boat, the beverage alcohol must be stored in a closed compartment.
What boats may carry alcohol (Ontario Liquor Laws Sec.3/7):
A boat with permanent sleeping accommodations and permanent cooking and sanitary facilities, other than a boat used to carry passengers for hire, is considered to be a private place while the boat is at anchor or is secured to the dock or land. ...


Ontario Liquor Licence Act:

Sec. 32 (3) No person shall operate or have care or control of a boat that is underway while there is contained in the boat any liquor, except under the authority of a licence or permit.

Sec.32 (4) Exception-Subsection (3) does not apply if the liquor in the boat, (a) is in a container that is unopened and the seal unbroken, (b) is stored in a closed compartment.

Sec. 32 (5) A police officer who has reasonable grounds to believe that liquor is being unlawfully kept in a vehicle or boat may at any time, without warrant, enter and search the vehicle or boat and search any person found in it.

Sec.32 (6) Definition-In this section, "boat" includes any ship or boat or any other description of vessel used or designed to be used in the navigation of water.

CONSUMING LIQUOR IN A BOAT,
ONTARIO LIQUOR LICENCE ACT REGULATION 718

Sec. 3 (7) A boat with permanent sleeping accommodation and permanent cooking and sanitary facilities, other than a boat used to carry passengers for hire is considered to be a private place while the boat is at anchor or is secured to the dock or land.

DRINKING AGE: The legal drinking age in Ontario is 19 years old.