Boating Safety Tips for Ontario Residents

Ontario’s lakes and waterways offer some of the most beautiful boating experiences in Canada. Whether you enjoy fishing, watersports, sightseeing, or simply relaxing with family, boating can be an incredible way to spend time outdoors. But as fun as boating can be, it also comes with risks, especially for inexperienced operators or those unaware of their legal obligations on the water.

To help you stay safe and compliant, this guide covers everything Ontario residents need to know before heading out, including training requirements, youth restrictions, insurance considerations, essential safety equipment, and practical tips to keep every trip safe and enjoyable.

Understanding Boat Safety Regulations in Ontario

Prior to 1999, anyone could operate a powered boat in Canada without formal training, licensing, or safety knowledge. Many long-time boaters still say, “I’ve never needed a licence, I’ve been driving boats for years.” But regulations have changed significantly, and today all motorized boat operators must carry Proof of Competency.

The most common form of competency is the Pleasure Craft Operator Card (PCOC), often referred to informally as a “boating licence.”

Transport Canada has published a list of the accredited providers, as not all boating courses are created equal. Only providers accredited by Transport Canada are legally authorized to issue a PCOC. Before taking a course, always confirm the provider is listed on Transport Canada’s official website.

Taking a PCOC course is not just about meeting legal requirements; It provides essential knowledge to boat operators in Ontario and throughout Canada that can genuinely save lives.

What You Learn in a PCOC Course

Official boating safety courses cover critical topics designed to prepare you for safe and responsible boat operation. Key learning areas include:

• Operator Responsibilities: Understanding the laws, navigation rules, and your legal obligations on the water.
• Pre-Departure Preparation: How to ready your boat, gear, and passengers before leaving the dock.
• Required Safety Equipment: What you must have on board and how to ensure everything remains in good working order while the boat is in use.
• Preventing Unsafe Situations: Recognizing risk factors such as weather changes, mechanical issues, or dangerous behaviour.
• Sharing Waterways: Navigating around other boaters, swimmers, paddlers, and large commercial vessels.
• Emergency Procedures: What to do in situations such as capsizing, engine failure, fire, or a person overboard.

Once earned, your PCOC is valid for life. This means you only need to complete the training once. This is a major benefit for Ontario residents who boat season after season.

Other Forms of Acceptable Proof of Competency in Ontario

While the PCOC is the most common type of competency proof, it is not the only document accepted by provincial authorities. Proof of Competency may also include:

• A Pleasure Craft Operator Card (PCOC)
  Note: Paper or electronic copies are NOT valid. You must carry the actual card.
• A certificate showing completion of a Canadian boating safety course before April 1, 1999
• A professional marine certificate or equivalent training credentials
• A completed Rental Boat Safety Checklist (valid only for the period of rental)
• For visitors to Canada: a valid operator card or equivalent from their home country or state

There are certain circumstances under which you do not need Proof of Competency. These include situations where you are boating in the Northwest Territories or Nunavut, or you are a visitor operating a boat you personally brought into Canada for fewer than 45 consecutive days.

Boating Rules for Youth in Ontario

Many young people are eager to get behind the controls of a boat. But strict horsepower limits regulate what youth can operate, even if they have their PCOC.

According to Transport Canada:

• Under 12 years old (no direct supervision): may operate a boat with up to 10 hp / 7.5 kW
• Ages 12 to 15 (no direct supervision): may operate a boat with up to 40 hp / 30 kW
• Under 16 (supervised or not): may not operate a personal watercraft (PWC) such as a Jet Ski or Sea-Doo

Direct supervision means a person aged 16 or older is physically on the boat and actively supervising.

These restrictions aim to keep young operators safe while still allowing them to learn boating skills under appropriate guidance.

Boating Insurance in Ontario

Ontario does not legally require operators to purchase boat insurance, as things stand currently. If the Ontario Provincial Police (OPP) stop you on the water, they may ask whether you have insurance, but they cannot issue a charge for failing to provide a liability slip.

Even though the law doesn’t require boat operators to have insurance, many other situations do. For example:

• Financing companies typically require coverage if you take out a boat loan
• Marinas and yacht clubs often require proof of insurance before providing docks or slips
• Storage facilities may require liability protection

Although not a legal requirement, it is generally recommended that operators purchase boating insurance, as it provides important financial protection, including liability coverage for property damage, bodily injury, or fatality. If other parties are injured by your boat in an accident, insurance may also cover legal defence costs if you are sued. You can also be compensated for theft, vandalism, or damage to your own vessel.

For inexperienced or seasonal boaters, insurance can offer peace of mind and help protect against unexpected expenses.

Boat Rental Regulations in Ontario

Not everyone begins their boating journey with their own vessel. If you decide to rent a boat, there are steps you can take to keep yourself safe physically, financially, and legally. For example, you should:

• Ask the rental company what insurance is included with the rental
• Clarify whether you are personally covered for liability or damage
• Check whether your existing boat or home insurance extends to rental boats
• Contact your insurer if you are unsure

Never assume that you have coverage. Always ask before you get behind the wheel of a boat.

Safety Is Simple: Core Boating Rules to Remember

Boating Ontario highlights several simple but essential rules to follow every time you’re on the water:

1. Carry and Understand Distress Signalling Equipment: Flares, whistles, horns, and Electronic Visual Distress Signals (EVDS) can save lives in an emergency. Know how to use them and make sure they are not expired.
2. Never Drink or Use Drugs While Boating: Operating a boat under the influence poses the same dangers as impaired driving. Alcohol and drugs impair judgment, balance, reaction time, and your ability to recognize hazards. Remember: As the operator, you are responsible for the safety of your passengers and all others on the water.
3. Be Extra Cautious When Boating at Night: Night boating may feel peaceful, but it requires heightened awareness. There is often an increased collision risk at night due to reduced visibility, difficulty judging distances, and greater reliance on navigation lights. It is recommended that you slow down, stay alert, and use proper lighting after the sun sets.
4. Wear a Lifejacket, Don’t Just Carry It: Lifejackets are only effective when worn. Weather can shift suddenly; boats can capsize and falls overboard often catch people off guard. It is a legal requirement to have properly sized lifejackets for every person on board, whether the vessel is motorized, paddle-powered, or wind-powered.

Lifejackets and Essential Safety Equipment on Boats

Before setting out, it is recommended that you:

• Confirm all mandatory safety equipment is on board
• Make sure equipment is in good condition and easily accessible
• Review Transport Canada’s full list of required equipment based on boat size and type
• If renting, double-check the availability and condition of the equipment provided

Important Reminder: Cushions are not approved life-saving devices. Only Transport Canada approved lifejackets or personal flotation devices (PFDs) meet safety standards. Wearing a lifejacket significantly reduces the likelihood of drowning, a risk that can arise even in calm water.

Liability for Boat Accidents in Ontario

In Ontario, liability for boating accidents is primarily governed by federal maritime law, including the Marine Liability Act (MLA) and the Canada Shipping Act, 2001, along with provincial statutes like the Occupiers’ Liability Act and common law principles of negligence.

Fault is determined based on who caused or contributed to the accident through negligence, such as impaired operation, speeding, failure to maintain the vessel, or violating boating regulations. Here’s a breakdown of who may be held liable:

Primary Parties Liable

• Boat Operator: The person operating the vessel at the time of the accident is typically the main party responsible if their negligence caused the incident. This includes failing to follow safety rules (e.g., boating while impaired, not yielding right-of-way, or operating without proper licensing). Operators owe a duty of care to passengers, other boaters, swimmers, and anyone else on the water. Under the MLA, liability can be apportioned based on the degree of fault if multiple parties are involved.
• Boat Owner: Owners can be liable if their own negligence contributed to the accident, such as:
  • Poor maintenance (e.g., faulty equipment, worn parts, or missing safety gear).
  • Negligent entrustment (e.g., allowing an unfit, impaired, or unlicensed person to operate the boat).
  • As an “occupier” under the Occupiers’ Liability Act, if the accident involved passengers on board, the owner failed to ensure reasonable safety.

Owners may also face liability under the MLA as “shipowners,” but this is tied to their fault or involvement, and claims are subject to caps (e.g., up to $1.5 million total for personal injury or death in recreational boating incidents involving vessels under 300 gross tons).

• Other Parties:
  • Manufacturers or suppliers, if defective equipment (e.g., engine failure) played a role, under product liability laws.
  • Marinas or rental companies if their negligence (e.g., improper docking facilities or renting unsafe vessels) contributed.
  • Passengers or third parties if their actions (e.g., contributory negligence) shared fault.

Liability is not strict; it requires proving negligence, and compensation may be reduced if the injured party was partly at fault. No-fault benefits (common in car accidents) do not apply to boating incidents, so recovery typically comes from the at-fault party’s insurance or assets.

Is the Boat Owner Vicariously Liable?

No, boat owners in Ontario are not automatically vicariously liable for the negligence of a consensual operator (e.g., a friend or family member borrowing the boat) under Canadian maritime law. This differs from motor vehicles, where Ontario’s Highway Traffic Act (s. 192) imposes vicarious liability on car owners for operators’ negligence. For boats, neither the Marine Liability Act nor the Canada Shipping Act, 2001 includes a similar provision for automatic vicarious liability.

The Ontario Court of Appeal confirmed this in Dixon v. Leggat, ruling that maritime law does not extend automatic liability to owners simply because someone else operated their vessel negligently. However, vicarious liability could apply in specific scenarios, such as:

• If the operator is the owner’s employee or agent acting within the scope of employment (common law vicarious liability principles).

Speak With Our Lawyers Today If You’ve Been Injured in a Boating Accident

Ontario’s waterways offer endless opportunities for outdoor adventure, but safety should always come first. From ensuring you have the proper training and equipment to staying alert and sober on the water, responsible boating protects not only you and your passengers but everyone sharing the waterways with you.

If you or a loved one has been injured while boating or using a watercraft, contact our Toronto boating accident lawyers at Preszler Injury Lawyers for a free consultation. Our team can help you understand your rights and explore your potential claim.

We’re here to help.