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Bill 76, Lifejackets for Life Act, 2022

Miller, Norman

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Bill 76 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Lifejackets for Life Act, 2021 ,

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 76 2021

Act to enact the Lifejackets for Life Act, 2021

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,

Her 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 the Lifejackets for Life Act,

2021 .

Date Bill stage Event Outcome Committee

February 22, 2022

Second Reading

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

February 22, 2022

Second Reading

Vote

Carried

February 22, 2022

Second Reading

Debated

December 8, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

December 8, 2021

Committee

Second Reading

February 22, 2022

Mr. Norman Miller, Mr. Gilles Bisson, Mr. John Yakabuski, Mr. Ian Arthur, Mr. Bill Walker, Mme France Gélinas, Mr. Dave Smith

Carried. Referred to the Standing Committee on Regulations and Private Bills

Committee

Standing Committee on Regulations and Private Bills

Third Reading

Royal Assent

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