Transport Canada has issued Ship Safety Bulletin No. 19/2024 on using pleasure craft as a non-pleasure craft.
The purpose of this bulletin is to clarify the legal and safety distinctions between pleasure craft and non-pleasure craft (commercial or passenger-carrying vessels). It aims to help vessel owners and users understand their responsibilities and ensure compliance with Canadian maritime laws.
1. Pleasure Craft Definition:
Usage: Exclusively for recreational activities such as cruising, water sports, fishing for personal use, or social outings.
Hiring Crew: You can hire a captain or crew if the vessel is used solely for pleasure activities. You have control over hiring and firing decisions regarding the crew.
Guests vs. Passengers: Individuals who do not pay for their trip and are not involved in operating the vessel are considered guests, not passengers.
2. Non-Pleasure Craft Definition:
Usage: Used for commercial purposes, including but not limited to:
– Guided fishing and hunting trips
– Passenger transport (e.g., water taxis, tour boats, party boats)
– Commercial fishing operations
Regulations: Must adhere to additional safety and insurance requirements compared to pleasure craft. Non-pleasure craft are subject to rules under the Canada Shipping Act, 2001.
3. Differentiating Pleasure and Non-Pleasure Craft:
Determining Factors: The primary factor is how the vessel is used. If the vessel is used for anything beyond personal recreation, it becomes a non-pleasure craft.
Hiring and Renting:
– Pleasure Craft: You can rent or hire a vessel for fun. If a captain or crew is hired but is not provided by the rental company, it remains a pleasure craft.
– Non-Pleasure Craft: If renting or hiring a vessel for business activities or if the rental agreement includes a mandatory captain or crew provided by the owner, it is classified as a non-pleasure craft.
4. Proof of Competency:
Requirement: All operators of engine-powered vessels must have proof of competency, such as a Pleasure Craft Operator Card (PCOC), which demonstrates understanding of basic boating safety rules.
Courses: Available both in-person and online. The card is required even for pleasure craft.
5. Operating Non-Pleasure Vessels:
– Sheltered Waters: Operators need specific training for vessels longer than 8 meters or carrying more than 6 passengers, or for certain fishing vessels.
– Near Coastal, Class 2 Voyage: Requires specific training for vessels within 2 nautical miles from shore or larger commercial vessels.
– Commercial Vessels: Often referred to as “commercial vessels,” these require more advanced training and compliance with safety standards.
6. Examples of Craft Usage:
Pleasure Craft:
– Renting a vessel for leisure without a mandatory crew is a pleasure craft.
– Renting with optional crew, where you control crew decisions, remains a pleasure craft.
Non-Pleasure Craft:
– Renting for work-related transport, where the vessel is used for business purposes.
– Renting for private events or parties where a captain or crew provided by the rental company is mandatory.
Download the guidelines: Ship Safety Bulletin No. 19/2024 on using pleasure craft as a non-pleasure craft.
