Competency of Operators of Pleasure Craft Regulations (SOR/99-53)

Regulations are current to 2017-07-03 and last amended on 2013-12-06. Previous Versions

Competency of Operators of Pleasure Craft Regulations

SOR/99-53

CANADA SHIPPING ACT, 2001

Registration 1999-01-15

Competency of Operators of Pleasure Craft Regulations

P.C. 1999-11  1999-01-15

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Fisheries and Oceans, pursuant to section 562Footnote a of the Canada Shipping Act, hereby makes the annexed Competency of Operators of Pleasure Craft Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

accredited course

accredited course means a series of lessons in respect of boating safety that has been accredited by the Department of Transport under section 6. (cours agréé)

accredited test

accredited test means a test referred to in paragraph 7(4)(c). (examen agréé)

Boating Safety Course Completion Card

Boating Safety Course Completion Card means a card issued, by a person who provided a boating safety course in Canada, to a person who successfully completed the course before April 1, 1999. (carte de réussite d’un cours de sécurité nautique)

candidate

candidate means a person presenting themselves at a test site to take the test or a person taking the test for a Pleasure Craft Operator Card. (candidat)

CCG-accredited course

CCG-accredited course[Repealed, SOR/2007-124, s. 1]

CCG-accredited test

CCG-accredited test[Repealed, SOR/2007-124, s. 1]

course provider

course provider means a person who has obtained the accreditation of a boating safety course in accordance with section 6. (prestataire de cours)

enforcement officer

enforcement officer[Repealed, SOR/2013-234, s. 1]

operate

operate means the action of controlling the speed and course of a pleasure craft. (conduire)

Pleasure Craft Operator Card

Pleasure Craft Operator Card means a card issued by a course provider that attests that the cardholder has received a mark of at least 75 per cent on a test. (carte de conducteur d’embarcation de plaisance)

proof of age

proof of age means a Pleasure Craft Operator Card, birth certificate, baptismal certificate, passport, driver’s licence or other official document that sets out the person’s date of birth. (preuve d’âge)

proof of competency

proof of competency means a Pleasure Craft Operator Card, a Boating Safety Course Completion Card, a rental boat safety checklist, proof of the successful completion of a boating safety course, or a certificate or other document pertaining to boating safety knowledge, as required under section 4. (preuve de compétence)

proof of residency

proof of residency means a passport, driver’s licence or other official government document that sets out a person’s place of residence. (preuve de résidence)

test

test means a boating safety test that meets the requirements of section 7 taken for the purpose of obtaining a Pleasure Craft Operator Card. (examen)

  • SOR/2002-18, s. 1;
  • SOR/2007-124, s. 1, err., Vol. 141, No. 15;
  • SOR/2013-234, s. 1.

Application

  •  (1) These Regulations apply in respect of pleasure craft that are fitted with a motor and that are operated for recreational purposes in Canadian waters, other than the waters of the Northwest Territories and Nunavut.

  • (2) These Regulations do not apply in respect of seaplanes.

Prohibitions

  •  (1) Subject to subsection (2), no person shall operate a pleasure craft unless the person

    • (a) is competent to operate the pleasure craft in accordance with section 4; and

    • (b) has proof of competency on board.

  • (2) Subsection (1) does not apply to a person who

    • (a) is operating the pleasure craft under the supervision of an instructor as part of an accredited course;

    • (b) is not a resident of Canada and whose pleasure craft is in Canada for less than 45 consecutive days; or

    • (c) has proof on board that the person holds a certificate of competency, training certificate, endorsement or other equivalency listed in the schedule.

    • (d) [Repealed, SOR/2013-234, s. 2]

  • (2.1) No person in charge of a pleasure craft shall allow another person to operate the pleasure craft unless that other person is a person referred to in subsection (1) or (2).

  • (3) A person referred to in paragraph (2)(b) or 4(2)(b) shall not operate a pleasure craft without proof of residency on board the pleasure craft.

  • (4) Except where replacing a previously issued card or issuing a card to a person providing proof that the person holds a certificate of competency, training certificate, endorsement or other equivalency listed in the schedule, no course provider shall issue a Pleasure Craft Operator Card to a candidate unless the provider or their agent has administered to the candidate a test that meets the requirements of section 7.

  • SOR/2002-18, s. 2;
  • SOR/2007-124, s. 2, err., Vol. 141, No. 15;
  • SOR/2013-234, s. 2.

Competency

  •  (1) Subject to subsection (2), a person is competent to operate a pleasure craft

    • (a) if the person has received a mark of at least 75 per cent on a test and has been issued a Pleasure Craft Operator Card;

    • (b) if the person had successfully completed a recreational boating safety course in Canada before April 1, 1999 and has a Boating Safety Course Completion Card or other written proof of that completion; or

    • (c) in the case of a pleasure craft rented from a rental agency or from a representative of a rental agency,

      • (i) if the person meets the condition set out in paragraphs (a) or (b), or

      • (ii) if the person and the agency or representative complete and sign, before the pleasure craft is operated, a rental boat safety checklist that contains the information referred to in section 8 and the person operates the pleasure craft only during the rental period.

  • (2) A person who is not a resident of Canada is competent to operate a pleasure craft if the person

    • (a) has proof of competency as set out in subsection (1); or

    • (b) has been issued a certificate or other similar document that meets the requirements of the person’s state or country.

  • SOR/2007-124, s. 3, err., Vol. 141, No. 15;
  • SOR/2013-234, s. 3.

 [Repealed, SOR/2007-124, s. 4, err., Vol. 141, No. 15]

Accredited Courses

[SOR/2007-124, s. 5, err., Vol. 141, No. 15]
  •  (1) A person shall apply for the accreditation of a boating safety course by making a written request and submitting 4 copies of the course to the Department of Transport.

  • (2) The Department of Transport may accredit, as an accredited course, a course that

  • (3) The Department of Transport may

    • (a) suspend the accreditation of any boating safety course where the course no longer meets the criteria set out in subsection (2); and

    • (b) reinstate the accreditation where the reasons for the suspension have been remedied.

  • SOR/2007-124, s. 6, err., Vol. 141, No. 15;
  • SOR/2013-234, s. 4.
 
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