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Mandatory Wear of PFDs/Lifejackets

Options for Mandatory Lifejacket Wear Regulations

September 28th, 2023

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Enhanced Data

  • In 2019, Marine Safety and Security began working with a behavioural scientist to examine PFD/lifejacket use among recreational boaters.
    • Three-stage project provided contemporary data on reported and observed wear rate behaviours among recreational boaters across Canada.

  • Concurrently in summer 2021, the CSBC partnered with the OPP to conduct aerial observations of PFD/lifejacket usage among recreational boaters on multiple lakes in southern Ontario.
    • Overall wear rates recorded in these observations were almost identical to those observed by Transport Canada.

  • In 2021, the Drowning Prevention Research Centre used data from coroners’ reports to produce a report tracking recreational boating-related fatalities in Canada from 2008 to 2017.

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Proposed Criteria

  • Results from TC’s online survey, onsite observations by TC and the CSBC, and data from the Drowning Prevention Research Centre’s fatality report have been analyzed to develop criteria for potential mandatory wear requirements.

  • Proposed criteria are primarily based around three categories:
    • Age Requirements
    • Vessel Length
    • Vessel Type

  • Main objective is to identify options which have the greatest potential to reduce fatalities among boaters at greatest risk.

  • These criteria are not final policy options, but are intended for consultation purposes, to assess which criteria stakeholders and the public feel are most important.

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Preliminary Consultation

  • In January 2023, a letter was sent to safety groups, enforcement partners, and industry associations across the country seeking preliminary feedback on the proposed mandatory wear criteria.

  • Groups were presented with broad, proposed criteria and were asked:
    • Which criteria their organization would support?
    • Are there any criteria their organization disagrees with? If so, why?
    • Are there any variations to the criteria they feel should be included?
    • Do they feel all criteria are necessary?
    • Are there any additional criteria their organization feels should be included?

  • This letter was not intended as a full public consultation, but rather an opportunity for safety, enforcement, and industry groups to provide feedback on proposed criteria, so they can be refined before being put forward to the public.

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Preliminary Consultation- Results

  • The preliminary consultation closed on March 6, 2023.
    • Feedback was received from 73 respondents representing safety groups, enforcement partners and industry associations.
    • 89 additional comments were also received from members of the public.

  • Some high-level takeaways from the preliminary consultation include:
    • Feedback toward mandatory wear in general was mixed, with different levels of support between safety, enforcement, and industry respondents.
    • Respondents generally expressed support for some form of age requirements (with variation between the exact age) and requirements on board human-powered vessels.
    • Responses toward vessel length were mixed, with general feedback indicating that options for vessels less than 6 metres in length should be considered.

  • Following the analysis of the preliminary consultation results:
    • Fatality statistics on board vessels less than 6 metres were further broken down to explore additional vessel length options, based on data and stakeholder feedback.
    • Criteria have been refined to confirm that any requirements would only apply while a vessel is underway.

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Public Consultation

  • Following the full review of preliminary feedback, the proposed criteria is being refined to be put forward for public review and feedback on Transport Canada’s Let’s Talk Transportation platform this year.

  • This consultation page will include extensive background information on the issue, as well as data collected by Transport Canada and its partners to provide insight into why each option is being put forward.
    • No option is mutually exclusive and a combination of different options may be considered, based on results from the public consultation.

  • Members of the public will be provided with 60 days to provide their comments on options for mandatory wear.
    • Following the consultation, a detailed What We Heard report will be made publicly available, detailing feedback received

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Mandatory Wear Policy Criteria

Criteria 1

Criteria 2

Criteria 3

Age Requirements

Vessel Size Requirements

Vessel Type Requirements

  • Require the mandatory wearing of a PFD or lifejacket for any person aged:
    • 18 years or younger on board a pleasure craft; or
    • 14 years or younger on board a pleasure craft
  • Require the mandatory wearing of a PFD or lifejacket for any person on board any pleasure craft
    • 6 metres in length and below; or
    • 6 metres in length and below (only if open deck design); or
    • 4 metres in length and below
  • Require the mandatory wearing of a PFD or lifejacket for any person on board:
    • Any motorized vessel (i.e., powerboats); or
    • Any motorized vessel, if open deck design; or
    • All human powered vessels

Considerations:

  • Would address a primary concern expressed by Canadians, calling for mandatory wear for children

  • However, youth have been found to have highest wear rates and lowest fatality rates

Considerations:

  • Potential to substantially reduce fatalities - the majority of recreational boating deaths occur on small vessels
  • Would impose mandatory wear on operators of human powered vessels such as canoes, which have low wear rates and high fatality rates

Considerations:

  • Potential to substantially reduce fatalities - the majority of recreational boating deaths occur on powerboats
  • Would impose mandatory wear requirements on both operators and guests on board powerboats, which were found to have the lowest wear rates among vessel types

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Next Steps

  • The public Let’s Talk Transportation consultation is targeting launching in Fall 2023.

  • Results from the public consultation will be analyzed and used - alongside observation results and fatality data - to inform a decision on possible regulatory amendments to require mandatory wear in certain circumstances.

  • No decision to mandate the wearing of PFDs or lifejackets has been made at this time and will not be made without formal notice.

  • Discussions surrounding the issue of mandatory wear will continue at national and regional meetings of the Canadian Marine Advisory Council and Recreational Boating Advisory Council.

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Please forward all comments or questions to:

Geoffrey Tasker

Policy Analyst

Legislative, Regulatory and International Affairs

Marine Safety and Security - Transport Canada

geoffrey.tasker@tc.gc.ca

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Honey Walsh

National Manager

Office of Boating Safety

Marine Safety and Security - Transport Canada

honey.walsh@tc.gc.ca

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