September 9th - 2005

Boating law likely to affect cottage country REALTORS

With prices starting at close to a half million dollars in the Wasaga Beach area and on the larger lakes in Muskoka, chances are good clients are going to want to inspect the property and the lakefront.

With prices starting at close to a half million dollars in the Wasaga Beach area and on the larger lakes in Muskoka, chances are good clients are going to want to inspect the property and the lakefront. When you take them on your boat, and even if you don't but use your boat to, say, deliver the offer, your boat is considered a small commercial vessel by the Small Vessel Regulations under the Canada Shipping Act.

Port Carling REALTOR Lesley-Anne Goodfellow found that out when the OPP hailed her for a random, routine check on Lake Muskoka in August. When she told the officer that she was returning from presenting an offer, the officer told her she needs a commercial license to operate the vehicle.

A new regulation came into effect in February requiring anyone who uses a boat for commercial purposes to get the boat inspected, and to register the craft or license it as a small commercial vessel. If your boat is 12 metres or less in length overall, if you carry no more than 12 passengers, and even if you carry none but use your boat in your business, then this amendment to the Small Vessel Regulations applies to you.

Fred Mirza, a Senior Marine Safety Inspector in the Marine Safety department of Transport Canada, said that all small commercial vessels require a Notice of Inspection from Marine Safety, but initially the program will concentrate on craft carrying fare-paying passengers.

Inspectors look for compliance in boat construction, operation, operator efficiency and certification and safety equipment and practices.

These stepped-up safety requirements call for the vessels to carry a very well-stocked first aid kit that includes two pairs of latex examination gloves and one resuscitation face shield. Other requirements, for the smallest of the vessels (not over 6 m in length) for example, include:

  • a properly sized, approved standard lifejacket or small vessel life jacket for each person on board;
  • two oars with two rowlocks, two paddles or an anchor with not less than 15 metres of cable, rope or chain or any combination of cable, rope and chain;
  • a bailer or a manual pump;
  • one Class B I fire extinguisher;
  • a bouyant heaving line; not less than 15 m in length, with rescue ring;
  • a watertight flashlight;
  • three approved pyrotechnic distress signals of Type A, B or C;
  • a first aid kit, in a resealable rigid-plastic watertight container; and,
  • a sound signalling device or a sound signalling appliance.

Vessel owners need to send a request for inspection to their local Transport Canada Centre to arrange an initial inspection. Contact information is available on the website at: http://www.tc.gc.ca/marinesafety/CES/Small-Commercial-Vessels/CSV-upto15.htm.

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Ontario Real Estate Association

Jean-Adrien Delicano

Senior Manager, Media Relations

JeanAdrienD@orea.com

416-445-9910 ext. 246

Ontario Real Estate Association
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