As summer gets into full swing, Ontarians flock to our province's many beautiful lakes and waterways. Water safety ought to be top of mind during these activities.
Whether you are spending the day boating or taking a quick paddle in a canoe or kayak, wearing a lifejacket is essential. Neglecting this simple safety measure not only jeopardizes personal well-being but can also lead to legal consequences in the event of an injury.
ARE LIFEJACKETS REQUIRED BY LAW?
Federal law mandates that every boat must carry a Canadian-approved lifejacket or personal flotation device (PFD) for each person onboard. Currently, the law does not require boaters to wear these lifejackets.
However, proposed legislation, known as Bill 93 or "Joshua's Law" aims to change this. The Ontario government is set to pass this new bill, which would require children aged 12 and under to wear a lifejacket or PFD while on a moving pleasure boat, or while being towed behind a one using recreational water equipment. The proposed law defines a "pleasure boat" as one that is nine metres or smaller in length.
If passed, Joshua's Law would impose a $200 fine to the parent, guardian, or supervising adult of any child not wearing a lifejacket while boating. This penalty matches the current fine for not having lifejackets available onboard.
Although this act has not yet become law in Ontario, parliamentary debates and reporting indicate that it is likely to be passed in the coming year.
WHAT IF I AM NOT WEARING A LIFEJACKET AND I GET HURT?
Although it is not legally required to wear a lifejacket, not doing so during a boating- or water-related incident can result in you being found partially at fault for your injuries. This is due to the principle of contributory negligence, where a person's own actions contribute to their injury or accident, even if someone else is at fault.
In the context of water activities, this may include a failure to wear a lifejacket.
In the leading legal case on this topic, a man drowned when his canoe was flipped over by the wake of a speedboat passing too closely.
Although the driver of the speedboat was held responsible for the accident, the deceased was deemed 25% at fault due to his failure to wear a lifejacket. As a result, his family's compensation was reduced accordingly.
As the judge in that case stated, "it makes common sense that a person in a canoe should wear a lifejacket."
Even if someone is injured because they were not wearing a lifejacket or other PFD, they may still be entitled to compensation if another person is at least partially at fault for the accident.
The law recognizes that multiple factors can contribute to an accident and that an injured person shouldn't be left without recourse, even if they could have been more careful.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.