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Bill 93, Joshua's Law (Lifejackets for Life), 2023

Ghamari, Goldie

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Original

Bill 93 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts Joshua’s Law (Lifejackets for Life), 2023 ,

which requires parents and guardians to ensure that their children who are 12

years of age or younger wear a personal flotation device or lifejacket while on

a pleasure boat that is underway or while being towed behind a pleasure boat

using recreational water equipment. If the child is not under the supervision

of the parent or guardian but is under the supervision of a person who is 18

years of age or older at the relevant time, the requirement applies instead to

that person. The requirement does not apply if the child is in an enclosed

cabin.

Definitions of “pleasure boat” and “recreational water equipment” are

provided.

is an offence to not comply with the requirement and on conviction a person is

liable to a fine of not more than $200.

Bill 93 2023

Act to enact Joshua’s Law (Lifejackets for Life), 2023

Preamble

Ontario

recognizes the important role that parents, guardians and other persons play in

protecting the physical safety of children while on provincial waters.

Ontario

believes that requiring parents, guardians and other persons to ensure that

children under their supervision wear a personal flotation device or lifejacket

while on a pleasure boat that is underway or while being towed behind the boat

while using recreational water equipment will protect the welfare of those

children, increase awareness of water safety and reduce the number of

drownings.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Definitions

(1) In

this section,

“child”

means a person 12 years of age or younger; (“enfant”)

“enclosed

cabin” means a space on board a pleasure boat that is surrounded by bulkheads

and covered by a roof; (“cabine fermée”)

“pleasure

boat” means any ship or boat or any other description of a vessel used or

designed to be used in the navigation of water, propelled by any kind of power

including human power, sail or motorized power, that,

(

a) is

used exclusively for pleasure and does not carry passengers on it for

remuneration or any object of profit, and

(

b) is

nine metres in length or shorter, measured from the forward end of the foremost

outside surface of the hull shell to the aft end of the aftermost outside

surface of the hull shell; (“bateau de plaisance”)

“recreational

water equipment” means equipment used in water for recreational purposes, such

as water skis, wakeboards and water tubes. (“matériel nautique récréatif”)

Duty of parent or guardian

(2) Subject

to subsections (3) and (5), a parent or guardian of a child shall ensure that

the child is wearing a personal flotation device or lifejacket that complies

with the Small Vessel Regulations (Canada) while on

a pleasure boat that is underway or while being towed behind a pleasure boat

while using recreational water equipment.

Exception,

duty of other person

(3) If a child

is not under the supervision of the child’s parent or guardian but is under the

supervision of a person who is 18 years of age or older, subsection (2) does

not apply and instead that person shall ensure that the child is wearing a

personal flotation device or lifejacket that complies with the Small Vessel Regulations (Canada) while on a pleasure

boat that is underway or while being towed behind a pleasure boat using

recreational water equipment.

When

duty applies

(4) The

duties imposed under subsections (2) and (3) apply regardless of whether the

parent or guardian or the person described in subsection (3), as the case may

be, is also on the pleasure boat at the time when the child is on the pleasure

boat or is being towed behind the pleasure boat using recreational water

equipment.

Exception,

child in enclosed cabin

(5) A

parent or guardian or a person described in subsection (3), as the case may be,

is not required to ensure that a child is wearing a personal flotation device

or lifejacket that complies with the Small Vessel

Regulations (Canada) if the child is in an enclosed cabin.

Offence

(6) A

person who contravenes subsection (2) or (3) is guilty of an offence and on

conviction is liable to a fine of not more than $200.

Regulations

(7) The

Lieutenant Governor in Council may make regulations prescribing types of

pleasure boats or recreational water equipment to which subsections (2) and

(3) do not apply.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is Joshua’s Law (Lifejackets

for Life), 2023 .

Date Bill stage Event Outcome Committee

September 25, 2023

Second Reading

Ordered for Third Reading

September 25, 2023

Second Reading

Report adopted

September 25, 2023

Second Reading

Reported without amendment

Standing Committee on the Interior

July 10, 2023

Second Reading

Consideration of a Bill

Standing Committee on the Interior

April 25, 2023

Second Reading

Ordered referred to Standing Committee

Standing Committee on the Interior

April 25, 2023

Second Reading

Vote

Carried

April 25, 2023

Second Reading

Question put

April 25, 2023

Second Reading

Debated

April 3, 2023

First Reading

Ordered for Second Reading

April 3, 2023

First Reading

Vote

Carried

First Reading

April 3, 2023

Carried

Second Reading

April 25, 2023

Gallagher Murphy, Dawn

Newmarket—Aurora

Gélinas, France

Nickel Belt

Ghamari, Goldie

Carleton

Khanjin, Andrea

Barrie—Innisfil

Pang, Billy

Markham—Unionville

Pierre, Natalie

Burlington

Smith, Dave

Peterborough—Kawartha

Yakabuski, John

Renfrew—Nipissing—Pembroke

Carried

Ordered referred to Standing Committee

Standing Committee on the Interior

July 10, 2023

Consideration of a Bill

Standing Committee on the Interior

September 25, 2023

Reported without amendment

Standing Committee on the Interior

Ordered for Third Reading

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