Drinking & boating

[wjw]

We fish Ontario every year,coming in from the states. Years ago I would take a few beers out on the water when I wasn't driving the boat. I stopped that practice when the authorities began cracking down. I have a fishing buddy that refuses to leave the alcohol back in the cabin. I keep telling him that it is only a matter of time until he is spotted or checked. He just flatly refuses to leave the booze behind.

 

I for years had thought that I was not violating any of the drinking laws because I was not drinking. Recently, someone told me that by driving the boat I also was in violation. This person added that with a conviction, I could be banned from coming back into the country. Hence, no more fishing trips or vacations there with my wife. Does anyone know what the law is?

[OutdoorDan]

If you have open cans/bottles of alcohol in your possession in the boat, it's going to be considered that you consumed them.

 

Even if they are not open, you are not allowed to consume the alcohol in a public place (ex. in the middle of the lake in your boat). What happens in this case (if you are stopped and have unopened alcohol in the boat) depends on the circumstances. If you have a water-access cottage somewhere and are transporting unopened packages of alcohol there, you are going to be fine. Likewise, if you are going camping and have the proper equipment to stay overnight, you will be fine. If you are obviously just going out fishing for the day in your boat and have booze on hand, it's going to get sticky...

Edited December 27, 2011 by Lota lota

[Joey]

Well I'm not absolutely positive, but as far as I was told, the person with open alcohol would get a citation for alcohol out of residence. If it is now you drinking it, you should be okay.

[Andy]

We fish Ontario every year,coming in from the states. Years ago I would take a few beers out on the water when I wasn't driving the boat. I stopped that practice when the authorities began cracking down. I have a fishing buddy that refuses to leave the alcohol back in the cabin. I keep telling him that it is only a matter of time until he is spotted or checked. He just flatly refuses to leave the booze behind.

 

I for years had thought that I was not violating any of the drinking laws because I was not drinking. Recently, someone told me that by driving the boat I also was in violation. This person added that with a conviction, I could be banned from coming back into the country. Hence, no more fishing trips or vacations there with my wife. Does anyone know what the law is?

 

If he is drinking and has open alcohol, you will get a ticket as driver/operator. Here is the text from the Liqour License Act re; open alcohol on boat.

 

**No person shall operate or have the 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. R.S.O. 1990, c. L.19, s. 32 (3).

 

Exception

 

(4) Subsection (3) does not apply if the liquor in the boat,

 

(a) is in a container that is unopened and the seal unbroken; or

 

( is stored in a closed compartment. R.S.O. 1990, c. L.19, s. 32 (4).

 

Search of vehicle or boat

 

(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 a warrant, enter and search the vehicle or boat and search any person found in it. R.S.O. 1990, c. L.19,

 

 

Here is text that defines a boat as a private place which would allow consumption of alcohol.

 

***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. R.R.O. 1990, Reg. 718, s. 3 (7). (like an anchored houseboat)

 

(8) If a boat is considered under subsection (7) to be a private place and is secured to a dock or land to which the public is not ordinarily invited or permitted then the dock or land is considered to be a private place except at the times when the public is invited or permitted access to it. R.R.O. 1990, Reg. 718, s. 3 (8).

 

I don't know how I got the smiley face in there, just ignore that. I don't know if a ticket would keep you out of the country.

Andy

[craigdritchie]

Here's all you need to know: http://www.tc.gc.ca/eng/marinesafety/debs-obs-quick-quick_visitor-1610.htm

 

In a nutshell:

 

Alcohol may be consumed on board the pleasure craft only if it meets all of the following conditions:

 

The vessel has permanent sleeping facilities

The vessel has permanent cooking facilities

The vessel has a permanent toilet

The vessel is anchored or secured alongside a dock

 

End of story.

[Jer]

If he is drinking and has open alcohol, you will get a ticket as driver/operator. Here is the text from the Liqour License Act re; open alcohol on boat.

 

I don't know if a ticket would keep you out of the country.

Andy

 

 

A ticket for violation of the Liquor License Act will have no bearing on entry to the country. The Act is provincial legislation no different than the Highway Traffic Act and a speeding ticket.

 

As long as you, the operator, has not been drinking beyond impairment, there would be no criminal charges that could affect entry. Simply a monetary fine and probable confiscation of the offending alcohol.

 

That being said, if it's your boat and you don't want any booze aboard, you should be telling your "buddy" to stay ashore.

[Fisherman]

He just flatly refuses to leave the booze behind.

 

You're the owner/operator/captain of the boat, get a belt, pull up your pants and grow some kahunas or go back into the kitchen and find an apron.

[Fish4Eyes]

I tell people that I don't recommend you do that and remind them that it is not allowed. If they insist, I let them know that they will be paying all fines associated with a potential incident.

[ecmilley]

as much as i would love to have a frosty cold beer out in the boat, i leave it in the fridge for when i get home, besides water is a better drink when roasting in july sun all day

[lew]

10 years ago 2 friends of mine were out fishing and the passenger was drinking a beer (the only one he had) and was spotted by the police. He was given a $125 ticket and the driver, who wasn't drinking, was told that seeing as he was in charge of the boat, could also be charged, basically for permitting open beer in his boat.

[Ralph Field]

Since the anglers are from the USA they would be fined , but probably not have to pay the fines. US citizens don't have to pay speeding tickets or 407 charges unless they choose to.

[woodenboater]

...I have a fishing buddy that refuses to leave the alcohol back in the cabin. I keep telling him that it is only a matter of time until he is spotted or checked. He just flatly refuses to leave the booze behind.

 

I'm just observing from a chair but I think your friend has deeper issues that he needs to deal with. Keep an eye on him and make sure he's ok.

 

Also, your boat, your rules, your ass.

[fishermccann]

When I go out in the boat, and my fishing friends want to drink, I make sure that they know, that THEY will be paying all the fines involved.

[Lip-ripper]

Try a trip to Quebec one of these years. You're allowed beer in the boat there. Not to mention the fishing's better and most of the people are more pleasant to be around.

 

There are so many boating rules in Ontario it's silly. We can thank the cottagers in Muskoka for that.

[fishermccann]

Try a trip to Quebec one of these years. You're allowed beer in the boat there. Not to mention the fishing's better and most of the people are more pleasant to be around.

 

There are so many boating rules in Ontario it's silly. We can thank the cottagers in Muskoka for that.

Where the heck did THAT come from. Why ?

[lew]

We can thank the cottagers in Muskoka for that.

 

Ya, those darned Muskoka folks ruining it for the whole province.

 

They otta be ashamed of themselves....

[LeXXington]

Since the anglers are from the USA they would be fined , but probably not have to pay the fines. US citizens don't have to pay speeding tickets or 407 charges unless they choose to.

 

 

This is correct, just never plan on coming back to Canada "ever".

 

I also think they are now sharing traffic ticket information cross boarder.

 

Have fun.

[Lip-ripper]

All I meant was...

 

When you have a deluge of weekend warriors ripping all over lakes every which way in every type of PWC and boat available, I agree that a stricter stance on drinking should be enforced.

 

However, when a few fishermen want to have a couple beer and enjoy a day on the water, they can now be fined. Silly IMO.

 

Heck, part of the reason for it now being law to have your boaters card was because of the boat traffic on these busy lakes.

[LeXXington]

Here's all you need to know: http://www.tc.gc.ca/eng/marinesafety/debs-obs-quick-quick_visitor-1610.htm

 

In a nutshell:

 

Alcohol may be consumed on board the pleasure craft only if it meets all of the following conditions:

 

The vessel has permanent sleeping facilities

The vessel has permanent cooking facilities

The vessel has a permanent toilet

The vessel is anchored or secured alongside a dock

 

End of story.

 

I thought, if you are tied up at your own dock, you can sit on your boat and drink as its considered private property.

 

I would be interested if anyone can confirm that?

[craigdritchie]

I thought, if you are tied up at your own dock, you can sit on your boat and drink as its considered private property.

 

I would be interested if anyone can confirm that?

Those regs, straight from Transport Canada, seem pretty clear to me.

[Fish Farmer]

Ya, those darned Muskoka folks ruining it for the whole province.

 

They otta be ashamed of themselves....

Good one Lew, good come back.

I thought fishing was fishing and boating was boating. Leave your drinking back on shore. You can't go fishing without a beer in the boat, somethings wrong. I like my beer like the next guy but I save it for land plus the fish get bigger after a few

[mercman]

Try a trip to Quebec one of these years. You're allowed beer in the boat there.SINCE WHEN?

Not to mention the fishing's better and most of the people are more pleasant to be around.There are so many boating rules in Ontario it's silly. We can thank the cottagers in Muskoka for that.

 

Not in an small open fishing boat you can't.Plus, we have some pretty unfriendly people here, just like anywhere else.

Cant figure out why it so important to drink beer in your boat Cant drink beer in your car, and we are all still alive.

[craigdritchie]

Since the anglers are from the USA they would be fined , but probably not have to pay the fines. US citizens don't have to pay speeding tickets or 407 charges unless they choose to.

Um ... who on earth told you that? Fines do not become voluntary when someone lives out of jurisdiction.

 

 

 

Try a trip to Quebec one of these years. You're allowed beer in the boat there.

Not true. Most Canadian boating regs are Federal, not Provincial, since they fall under the Shipping Act.

[wkrp]

I could imagine the carnage and drownings if these rules were not in place.

[Joey]

I could imagine the carnage and drownings if these rules were not in place.

 

 

Oh if you only knew how most of us grew up