Summary

This document has been prepared by the Davis Lake Cottage Association to provide all residents of Davis Lake with information to help make the water a safer and more enjoyable place for all of us. We request that you, your family, friends, guests and renters (if any) at your cottage(s) read and follow the practices and legalities in this important resource document. This document summarizes key legal requirements and common courtesies that all those, who operate watercraft, must follow. We all have a responsibility to adhere to the law and promote respectful behavior from those who boat on our lake. The Executive of the Davis Lake Cottage Association supports this document. The association may choose to communicate directly with individuals to express the concerns and displeasure cottagers have with the actions of parties who choose to ignore these legalities and courtesies.

All types of water craft are subject to the various laws and regulations at all times, regardless of who is operating them, or even if you happen to have the whole lake to yourself. This includes all forms of non-motorized water craft.

All operators born after April 1st 1983 and all operators of craft less than 13' 1” require a Pleasure Craft Operator Card. On September 15, 2009, this requirement will be extended to all ages and all motorized boat operators regardless of craft size, type or horsepower on any body of water in Ontario. Everyone requiring the Operator Card must have it with them while driving any qualifying vessel.

The basic tenets of the Criminal Offenses under the Criminal Code include the following;

● Operating a vessel dangerously.

● Operating a vessel while impaired.

● Towing water skiers (including barefooters, wakeboarders, tubers, kneeboarders, kiteflyers) without a (qualified) observer.

● Failing to stop and remain at the scene of a boating accident.

● Operating an unsafe vessel.

In our lake the OPP Marine Water Patrol make routine spot check visits and respond to legitimate requests to survey and enforce laws and regulations on the water. They have a zero-tolerance policy.

It is required to have enough Canadian-approved flotation devices for everyone on board. Ski vests are not generally approved and are usually ignored in an OPP inspection

Be sure to have a kit with the required equipment specified for your vessel. Requirements differ for different kinds of vessels. It can be an expensive fine to be missing even just one item.

Be aware of your surroundings at all times. If in doubt, slow down or stop. It is the law that you maintain a proper lookout and take all reasonable precaution to avoid a collision. It is also the law, that in the event of an accident you remain and provide all reasonable assistance.

All boats must operate at a speed of 10km or less when within 30 meters of shore, except for;

● Waterskiing when the boat follows a trajectory perpendicular to shore

● Waterskiing in an area specifically buoyed for this activity, such as a slalom course

There must be a spotter and a seat available for each person being towed. This rule makes it illegal to tow a skier, or tube with a 2 seat PWC. It is not legal to participate in towing activities 1/2 hour after sunset and 1/2 hour before sunrise.

Common Courtesy – Sharing the Water

While there are many regulations that should be followed, there are also common courtesies that will make cottage life more pleasant for all of us. Keep your wakes and noise to a minimum when not involved in specific activities. If you are cruising, cruise at a speed below partial planing or cruise at full plane. A boat being run at 10-15 miles per hour on a partial plane, with its nose in the air produces a very large wake, enough to capsize a canoe or kayak.

If you approach a canoe or paddle boat, slow down to an idle or at least adjust your course so your wake will strike the other craft at right angles or give the others time to react appropriately.

Think about the effect you have on others. Creating a lot of noise or wakes late at night or early in the morning affects the enjoyment of others who use the calmness of those hours to canoe or sail or row.

Foreword

This document has been prepared by the Davis Lake Cottage Association to provide all residents of Davis Lake with information to help make the water a safer and more enjoyable place for all of us. We request that you, your family, friends, guests and renters (if any) at your cottage(s) read and follow the practices and legalities in this important resource document. This document summarizes key legal requirements and common courtesies that all those, who operate watercraft, must follow. We all have a responsibility to adhere to the law and promote respectful behavior from those who boat on our lake. The Executive of the Davis Lake Cottage Association supports this document. The association may choose to communicate directly with individuals to express the concerns and displeasure cottagers have with the actions of parties who choose to ignore these legalities and courtesies.

All types of water craft are subject to the various laws and regulations at all times, regardless of who is operating them, or even if you happen to have the whole lake to yourself. This includes all forms of non-motorized water craft.

The information contained in the following pages is a narrative description of some of the laws, regulations and guidelines that apply to boating on a navigable waterway such as our lake. Depending on when you read it, it may not be current and it is not a complete description of all the regulations that apply. If anything in the document inadvertently contradicts or conflicts with a regulation, the regulation applies.

Whose Responsibility is Safe Boating?

Safety is a shared responsibility by all users of the lake and the agencies that govern our waterways in Ontario and Canada. All boaters are equally responsible for operating their vessels safely within compliance of the laws and with good sound judgment and common sense practices. This means learning the rules for recreational boating and following them. Those that do not comply with the law could be subject to harsh penalties, fines - or both in cases of serious personal injury accidents!

For more information, the Small Vessels Regulation outlines things such as minimum safety equipment, and safe operational practices. The Collision Regulations regulate speed, operational practices and speed limits. The Canada Shipping Act dictates all vessel conduct. The Boating Restriction Regulations also dictate speed limits, areas where activities are permitted or restricted and who can operate a vessel.

It is important to remember that the regulations which govern navigable waterways have not had the associated penalties adjusted in the same way as many of the day to day laws that govern us. Most are still under the Criminal Code and conviction under any of them would mean a criminal record for the person convicted. A criminal record can affect travel outside the country and future job considerations. The following are many of the most important regulations that you, as a cottager and a boater, need to be aware of.

Age Restrictions

Anyone less than 12 years of age and not directly supervised by someone over 16 years of age can only operate a pleasure craft with no more than 10hp. They are NOT allowed to operate a PWC (i.e.: Jet Ski/Sea Doo)

Anyone between12 and less than 16 years of age and not directly supervised by someone over 16 years of age can only operate a pleasure craft with no more than 40hp. They are NOT allowed to operate a PWC (i.e.: Jet Ski/Sea Doo)

The above restrictions do not apply when the child is accompanied by and directly supervised by someone over 16 years of age.

While anyone over the age of 16 is not affected by the Horsepower or certain Craft restrictions, they are still required to be in compliance with all other rules and laws.

Motorized Operator Competency Requirements

All operators born after April 1st 1983 and all operators or craft less than 13' 1” require a Pleasure Craft Operator Card. On September 15, 2009, this requirement will be extended to all ages and all motorized boat operators regardless of size, type or horsepower on any body of water in Ontario, including Davis Lake.

To obtain this Boating Proficiency Card in Ontario, a written boating safety test must be taken and passed with a minimum proficiency of 75% through an authorized government testing facility. Most will also offer a boating safety course prior to taking the test, a safety course which we highly recommend.

A list of course providers that operate boating safety courses and tests is available at:

www.boatingsafety.gc.ca

Everyone requiring the Operator Card (looks like a Drivers License) must also have this with them while driving any qualifying vessel (same as would be required to have your Drivers License with you on the road while you drive).

Don’t Cruise With Booze

Drinking and Driving (whether on land or water) is illegal and punishable under the Criminal Code. Convictions for a first offence can result in heavy punishment: fines are no less than $600, prohibition from operating a pleasure craft could be up to three years and in serious personal injury accidents caused by an impaired driver, imprisonment can be up to life in prison.

Operating a pleasure craft while under the influence of illegal drugs, could subject the boat operator to similar penalties.

While unclear legally, for both safety and potential liability reasons, it is strongly recommended that all boat drivers refrain from towing any person behind their craft, if that person is suspected to be under the influence of drugs or alcohol of any kind.

Criminal Code of Canada

The basic tenets of the Criminal Offences under the Criminal Code include the following unlawful behaviors:

1. Operating a vessel dangerously.

2. Operating a vessel while impaired.

3. Towing water skiers (including barefooters, wakeboarders, tubers, kneeboarders, kiteflyers) without a (qualified) observer.

4. Failing to stop and remain at the scene of a boating accident.

5. Operating an unsafe vessel.

Boating Law Enforcement

Currently on water enforcement authorities have a Zero-Tolerance Policy regarding first hand witnessed offences and missing safety equipment on watercraft. The authorities, when present, practice a chase and catch approach, even if you are just stationary on the water fishing or minding your own business enjoying nature while paddling your canoe.

In our lake the OPP Marine Water Patrol make occasional spot check visits and OPP will respond to legitimate requests to survey and enforce the laws and regulations on and off the water. The Association does not make or in any way enforce rules and regulations; however, we ask that you keep us informed of problems and issues. We may be able to help.

Fines for the most common offences are as follows:

1. Operating a vessel in a careless manner - $250

2. Underage operation of a personal water craft (i.e.: Jet Ski/Sea Doo) - $100

3. Operating without the required Pleasure Craft Operator Card - $250

4. Failure to have required number of PFD’s - $200 for each absent device

The zero tolerance also comes into play on a cumulative basis. It is common for several fines to be levied during an inspection. Furthermore, a Court Appearance is mandatory and judgments are ruthlessly applied. One more note, these fines do not include Court Administration Fees or any legal or paralegal representation you may wish to seek out.

Insurance

While not mandatory, we highly recommend every Power Craft Operator have liability insurance in case of a personal injury accident involving your vessel. Most Home Insurance Policies will let you add your boat as an itemized, extra cost extension or rider to your policy. You can also buy separate Boat Owners Insurance on a customized basis.

Towed Water Sports Spotter/Observer

As mentioned, it is the Law to have an observer or spotter for all behind the boat activities. This responsibility to be effectively and safely performed requires more than just planting someone in the passenger seat who wants to just watch, carry on a conversation or sightsee.

First and foremost, a “qualified” spotter is someone who is over the age of 16 and meets at least one of the following requirements:

1. A strong swimmer who is capable in an emergency to jump into the water and rescue and even resuscitate an injured participant if required,

OR

2. Be an experienced and capable Boat Operator who can take over the vessel to allow the Driver to jump quickly into the water to rescue/resuscitate an injured skier.

Additionally, the Spotter must be familiar with the Skiers hand signals (See Exhibit 1) and be paying attention at all times to relay these to the Driver, such that the Driver can focus forward and not be looking backwards while going down the lake towing a skier behind at moderate to high speeds.

Life Jacket or PFD?

Most people who drowned in boating incidents were not wearing flotation devices. By law pleasure craft must have enough Canadian-approved flotation devices for everyone on board and while towing a skier, wakeboarder, etc it is MANDATORY that these participants be WEARING either a Life Jacket or PFD. There are many kinds and the reader should research and buy ones that are suitable for your specific type of activity. Remember, no matter what type you have, they cannot work effectively if they are not worn.

Life Jackets are those thickly padded rectangular shaped devices that when worn slip over your head and provide all the floatation on the chest and around the back of the neck. Life Jackets are designed to roll the wearer over onto their back while in the water, even if you are unconscious. Sizes and colour choices are very limited and Life Jackets are not popular for anyone involved in water sports due to their bulky restrictive nature by design.

PFD’s provide floatation all around the wearer, come in a variety of shapes, sizes, material choices and colour combinations. They provide protection and comfort to the wearer in the event of a fall but will not ensure the wearer will not drown in the event of serious injury or lack of consciousness. They are also the most popular with kayakers, sailors, fishermen and hunters. Choose the style of PFD to suit your planned activities. For towed water sports and PWC use, choose a colourful version with 3 or preferably 4 buckles for snug, secure fit.

Mandatory Equipment Required

We have already had a paddle boat owner on the lake receive nearly $300 in fines during an OPP lake visit for a violation. Marine law enforcement practice a zero-tolerance policy. Most of the regulations for powered pleasure craft will be required and enforced in an inspection of ANY vessel.

Sailboards

● One Canadian-approved PFD for each person on board

Paddle boats

● One Canadian-approved PFD for each person on board

● One sound signaling device or appliance

● Navigation lights meeting collision Regulations standards if operated at night

Canoes, Kayaks, Rowboats , and Rowing Shells

● One Canadian-approved PFD for each person on board

● One buoyant heaving line no less than 15m in length

● One manual propelling device, such as a paddle or an Anchor with at least 15m of rope attached

● One bailer or manual water pump

● One sound signaling device or appliance

● Navigation lights meeting collision Regulations standards if operated at night

Un-powered pleasure craft (sailboats) under 20'

● One Canadian-approved PFD for each person on board

● One buoyant heaving line no less than 15m in length

● One manual propelling device, such as a paddle or an Anchor with at least 15m of rope attached

● One Class 5BC fire extinguisher if a cooking device is on board

● One bailer or manual water pump(if not self bailing)

● One sound signaling device or appliance

● Navigation lights meeting collision Regulations standards if operated at night

Personal Watercraft (PWC)

● One Canadian-approved PFD for each person on board

● One buoyant heaving line no less than 15m in length

● A watertight flashlight or 3 Canadian approved flares of Type A, B, or C

● One sound signaling device or appliance

● Navigation lights meeting collision Regulations standards if operated at night

Powered Pleasure Craft less that 26'

● One Canadian-approved PFD for each person on board

● One buoyant heaving line no less than 15m in length

● A watertight flashlight or 3 (6 if over 20') Canadian approved flares of Type A, B, or C Flashlight and flares are both required if boat is over 20'

● One manual propelling device, such as a paddle or an Anchor with at least 15m of rope attached

● One bailer or manual water pump

● One sound signaling device or appliance

● Navigation lights meeting collision Regulations standards if operated at night

● One Class 5BC fire extinguisher if not outboard, fixed fuels tank or cooking equipment

● Re-boarding device if freeboard is greater than 1/2m

Powered Water Craft Licensing

Every type of water craft powered by a motor of 10hp or greater must be licensed. At present, the service is free.

Call either the Canadian Registry of Ships and Small Craft Licensing at 1-877-242-8770 or the new Service Canada help line at 1-800-O- CANADA for more information. Or visit the web-site:

www.boatingsafety.gc.ca

Right of Way

Be aware of your surroundings at all times and be considerate of all others on and in the water.

There are many regulations regarding this, so it is best to check the current regulations and information available to keep yourself informed. In general, a boat approaching on your right has the right of way, and you pass an approaching boat or overtake on the right or starboard side. Powered craft are required to heed right of way of all non-powered crafts like canoes, kayaks, paddleboats, sailboats, windsurfers, swimmers, scuba divers and wildlife on our waters. i.e.: loons, ducks, geese, beavers etc.

If and when in doubt, slow down or stop. Never buzz or tail another craft in close proximity. Never try to spray swimmers or other water users of any kind or intentionally try to jump the wake of another craft. Avoid collisions goes without saying and avoid close calls.

As an operator of any craft on the water you should respect all others on or near the water. Operators using courtesy and common sense will not create a hazard, stress or threat to any reasonable person, wildlife or the environment.

Scuba Diving

Divers are required to display the red and white diver’s flag on a buoy making the area. All boaters are required to keep clear of the area and move with caution.

Maintaining a Proper Lookout

It is the law that you maintain a proper lookout and take all reasonable precaution to avoid a collision. It is also the law, that in the event of an accident you remain and provide all reasonable assistance.

Speed Limits

It is the law in Ontario that all boats operate at a speed of 10km or less when within 30 meters of shore, except for;

● Waterskiing when the boat follows a trajectory perpendicular to shore

● Waterskiing in an area specifically buoyed for this activity, such as a slalom course

Operate your power craft at a safe speed for the conditions and your chosen activities. In general when choosing a safe speed consider the following:

1. Visibility conditions.

2. Traffic density, types of vessels and their proximity and direction.

3. Maneuverability of your craft. (i.e.: Inboards-high, Outboards-medium, Jet Boats/PWC-low)

4. Proximity of any navigational hazards.

5. Experience of the Operator and other Craft Operators.

6. Wind and water conditions at the time.

Given the deluge of the larger wake producing powerboat trend, consider all of the above when considering the effects your boats wake will create on other boats, skiers, docks and shorelines etc.

Waterskiing and Wakeboarding

There must be a spotter and a seat available for each person being towed. This rule makes it illegal to tow a skier, wakeboarder, or tuber with a 2 seat PWC. It is not legal to participate in towing activities 1/2 hour after sunset and 1/2 hour before sunrise.

When towing a skier, shore speed limits apply unless you are running perpendicular to start or drop off a skier. Speed limits also do not apply in the slalom course, as this is considered an area buoyed for this type of activity by Transport Canada.

The slalom course on Davis Lake is privately owned and provided for the use of water skiers on the lake. It is specifically designed for skiing use and can be damaged by activities such as tubing and PWC racing. You wouldn't undertake this type of activity near your neighbor’s dock or foot valve buoy, and you shouldn't do it in the slalom course either.

The slalom course has timing magnets on some of the buoys, just below the surface. Deliberately striking one of these head on with a boat, PWC, or tube could result in serious hull damage to the craft and injury to the rider.

Consider the effect the size of the wake on your boat has and adjust your path and times of activity accordingly. Try to minimize skiing and wakeboarding when there are numerous canoes or kayaks on the water.

Where possible, try to drive a straight and predictable boat path. Driving in random circles may be fun for the tubers, but it does create wake issues and makes it difficult for other boaters to determine your course and make adjustments for it.

Watch where you drive. If you want to watch the skiers, tubers, or wakeboarders, then let someone else drive. There are many accidents and injuries each year caused by drivers watching skiers instead of where they are going.

To ensure the quiet and safety we all want, the Association asks that towing activities not start until 8:00am and as terminate as sunset approaches.

Below are some common hand signals to use between the boat and the person being towed. This and the information that follow it are from about.com

Hand Signals

Refer to the hand signals graphic on the right side of this page when practicing waterskiing and wakeboarding communication.

These are other communications signals which are helpful on the water:

I'm OK

When a skier falls, they should bend their arm in a crest-like shape towards and above their head and touch their fingertips to their head. This signals the driver the skier is OK and free of injury. Another way to communicate that the skier is OK is for them to raise both arms above their head and touch both hands fingertips together, forming a circle.

I'm Finished

If the skier wants to let go of the tow-rope they should use a hand to simulate a "slice across the neck."

Oncoming Wakes

Beginner skiers and boarders usually appreciate someone in the boat signaling to them that there are approaching wakes. A way to indicate this is to have the spotter extend one arm straight out to their side and move it up and down. The rising and falling of the arm communicates to the skier oncoming wakes.

Stay Behind The Boat

When the spotter wants the skier to stay directly behind the boat the spotter should extend one arm straight in front of their body and move it up and down. The reason for doing this is because the people in the boat can sometimes foresee a questionable or dangerous situation before the skier can. Staying directly behind the boat is the safest place to be until the danger passes.

I Want Back in the Boat

A skier should signal the driver they want to get back in the boat by patting their head several times with their hand.

Can You See Me?

While a skier is waiting in the water for the boat to come back around after a fall, have the skier raise whatever equipment they have high in the air so approaching boats can see the skier in the water.

Boat Turning Around

An important signal exercised by the driver is one communicating that the boat is turning around. This is most often signaled by pointing the arm up in a 90 degree angle and rotating the forearm and hand around in wide circles. Be sure to give your skier plenty of warning before you turn so they may position themselves behind the boat where they feel most comfortable. Aggressive skiers usually want to be outside the wake to create speed, and non-aggressive skiers generally stay right behind the boat for a more controlled and slower ride.

Possible Injury

No or minimal skier movement following a fall suggests to the boat crew that the skier or boarder may be injured. The boat should approach the skier as soon as possible.

Common Courtesy – sharing the water

While there are many regulations that should be followed, there are also some common courtesies that will make cottage life more pleasant for all of us.

Keep your wakes to a minimum when not involved in specific activities. If you are cruising, either cruise at a speed below a partial plane or cruise at a full plane. A boat travelling at 10-15 miles per hour, with its nose in the air produces a very large wake, enough to capsize a canoe or paddle boat, or potentially damage docks and moorings.

If you approach a canoe or paddle boat, consider slowing down to an idle or at least adjust your course so your wake will strike the other craft at right angles or give the others time to react appropriately. Remember you have a legal obligation to take reasonable precautions to avoid a collision or accident, and if you cause a capsizing, you are legally obligated to remain and render assistance.

Many of those who canoe or kayak do so early in the morning. Also many people like to sleep in at the cottage. Most don't appreciate a loud motorboat racing up the lake at the crack of dawn. Before you engage in any activity, think of what effect it might have on your neighbors before starting it.

Additional Information – Reference Sources

These is a great deal of information available on the web regarding safety, first aid, CPR, Transport Canada approved life jackets. We encourage readers to research these and other related areas for current practice. Where practical, we will try and keep the document current.

Document Prepared By:
David Howe
Jeff Chesebrough
Richard Pearse