Canada: Pleasure vs. non-pleasure craft guidelines

Transport Canada has issued Ship Safety Bulletin No. 19/2024 on using pleasure craft as a non-pleasure craft.

Purpose: This bulletin is designed to clarify the legal and safety distinctions between pleasure crafts and non-pleasure crafts (commercial or passenger-carrying vessels). It aims to help vessel owners and users understand their responsibilities and ensure compliance with Canadian maritime laws.

Scope: Applies to anyone owning or operating a pleasure craft in Canadian waters.

Key Points:

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 crafts. Non-pleasure crafts are subject to rules under the Canada Shipping Act, 2001.

3. Differentiating Pleasure and Non-Pleasure Crafts:

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 crafts.

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.

7. Additional Resources:

For Pleasure Craft Information: Refer to the Transport Canada Safe Boating Guide.
For Non-Pleasure Craft Information: Consult resources such as the Small Commercial Vessel Safety Guide, Small Vessel Compliance Program documents, and new insurance requirements for passenger-carrying vessels.