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RE: [ksurf] [Fwd: [OttawaKiting] FW: PFD requirements]

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  • Paul Tae
    Very interesting. Where in the act does it say this only applies near shore? _____ From: kitesurf@yahoogroups.com [mailto:kitesurf@yahoogroups.com] On Behalf
    Message 1 of 2 , Aug 11, 2006
      Very interesting. Where in the act does it say this only applies near
      shore?


      _____

      From: kitesurf@yahoogroups.com [mailto:kitesurf@yahoogroups.com] On Behalf
      Of hungvu2000@...
      Sent: Friday, August 11, 2006 9:51 AM
      To: cankitesurf@yahoogroups.com; kitesurf@yahoogroups.com;
      ksurfschool@yahoogroups.com
      Subject: [ksurf] [Fwd: [OttawaKiting] FW: PFD requirements]



      More info regarding PFD use in Canada.

      Hung.

      -------- Original Message --------
      Subject: [OttawaKiting] FW: PFD requirements
      Date: Thu, 10 Aug 2006 15:06:49 -0400
      From: Steve Slaby <Steve.Slaby@ <mailto:Steve.Slaby%40pwgsc.gc.ca>
      pwgsc.gc.ca>
      Reply-To: OttawaKiting@ <mailto:OttawaKiting%40yahoogroups.com>
      yahoogroups.com
      To: <OttawaKiting@ <mailto:OttawaKiting%40yahoogroups.com> yahoogroups.com>

      "Official" answer from the horse's mouth!

      Based on the response It sounds like a grey area; I wonder whether that
      court case would have been a winner or loser depending on how a judge would
      interpret the "navigating" going from point "A" to point "B" part.

      The good news is that either way it seems like Hung's Bay and Brent's Bay
      are ticket free zones !!

      Hung, feel free to forward to whatever mailing list the guy who had his
      ticket cancelled; they may be interested in the TC response.

      Steve.

      From: Regnier, Patrick [mailto:REGNIEP@.... <mailto:REGNIEP%40tc.gc.ca>
      ca]
      Sent: Thursday, August 10, 2006 2:51 PM
      To: Steve Slaby
      Subject: RE: PFD requirements

      Dear Mr. Slaby

      With regard to kitesurfing.

      Subsection 3.2 under Application in the Small Vessel Regulations
      (http://www.tc
      <http://www.tc.gc.ca/acts-regulations/GENERAL/C/csa/regulations/070/csa076/c
      sa76.html>
      gc.ca/acts-regulations/GENERAL/C/csa/regulations/070/csa076/csa76.html)
      stipulates the following:

      "3. (2) These Regulations do not apply to floating devices that measure less
      than 2 m in length and that are not designed to be fitted with a motor."

      This subsection applies when the device is used near shore.

      Please be aware, however, that if you operate the device amongst marine
      traffic then the activity becomes "navigation" and the device becomes a
      vessel (and would likely be treated as a sailboard therefore requiring the
      appropriate safety equipment.) At that point, the provisions of the Canada
      Shipping Act apply and the vessel becomes subject to the requirements of the
      Small Vessel Regulations and the Collision Regulations.

      In order to ensure that your device remains within the confines of
      subsection 3.2 above, you should remain close to shore and refrain from
      embarking on a visibly deliberate passage from a Point A to a Point B.

      Please do not hesitate to contact me directly should you have any more
      questions.

      For further information, please visit www.boatingsafety.gc.ca
      <http://www.boatings <http://www.boatingsafety.gc.ca> afety.gc.ca>

      Best Regards

      Patrick Regnier
      Design, Equipment and Boating Safety | Conception, équipement et sécurité
      nautique
      (613) 949-3816 | TTY / ATS 1-888-675-6863
      REGNIEP@.... <mailto:REGNIEP%40tc.gc.ca> ca <mailto:REGNIEP@....
      <mailto:REGNIEP%40tc.gc.ca> ca>
      Transport Canada | Place de Ville (AMSR), Ottawa, Ontario K1A 0N5
      Transports Canada | Place de Ville (AMSR) Ottawa (Ontario) K1A 0N5
      Government of Canada | Gouvernement du Canada




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