In the waters of Ontario, the possession and consumption of alcohol on board a vessel is governed by the Liquor Licence Act (LLA). It states that;
-no person may consume alcohol on board a vessel while it is underway
-alcohol stored on board a vessel must be in a closed cabinet.
-alcohol may only be consumed on a vessel if;
1. It is anchored, docked or moored to another vessel. and
2. it is suitably equipped as a residence with a permanent head, cooking and sleeping
facilities
3. the person is at least 19 years of age.
The LLA further goes on to give police officers the authority to board and search, without a warrant, any vessel they reasonably believe to contain alcohol in contravention of any of the sections of the act. Any liquor that the officer believes has been used in the commission of the offence, or that may be used to continue the offence, is subject to seizure.
The Criminal Code of Canada states that any person who operates or has care or control of a vessel while their ability to operate the vessel is impaired by alcohol, or operates or has care or control of a vessel while their blood alcohol content is in excess of 80 mgs of alcohol in 100 ml of blood, is guilty of an offence and can face fines up to $2000.00, three year prohibition from operating a vessel in Canada and up to six months in jail. If you are involved in a boating accident while your ability is impaired by alcohol you can face up to 10 years imprisonment. Boaters from another province or country will be required to post a $500 bond before they can be released from custody.
Police officers in Canada have the authority to demand an immediate breath sample based solely on the suspicion that the operator of the vessel has consumed an alcoholic beverage.
The following table gives an estimate of the blood alcohol content based on the number of drinks consumed. It is a guide only. The results will vary from person to person based on a number of different factors. Each drink is considered to be a 1 oz shot of liquor, 5 oz of wine or a 12 ounce beer.
