[Fwd: [OttawaKiting] FW: PFD requirements]
- More info regarding PFD use in Canada.
-------- Original Message --------
Subject: [OttawaKiting] FW: PFD requirements
Date: Thu, 10 Aug 2006 15:06:49 -0400
From: Steve Slaby <Steve.Slaby@...>
"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.
From: Regnier, Patrick [mailto:REGNIEP@...]
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.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.boatingsafety.gc.ca>
Design, Equipment and Boating Safety | Conception, équipement et sécurité nautique
(613) 949-3816 | TTY / ATS 1-888-675-6863
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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