Drinking and Boating Laws in Canada

In Canada, passengers may legally consume alcohol on a boat only if the vessel meets all of the following conditions:

• It is equipped with a permanent toilet, permanent cooking facilities, and a permanent sleeping area; and

• The boat is anchored or securely docked, meaning it is not underway or in motion.

Boating while impaired is a serious criminal offence in Canada. Under the Criminal Code of Canada, operating a vessel while your ability is impaired by alcohol or drugs—whether illegal, prescription, or recreational—is treated with the same severity as impaired driving on the road. When a person is at the helm of a boat, they are responsible not only for their own life, but for the safety of passengers, swimmers, other boaters, and anyone else on or near the water. Because of this, Canada enforces strict rules and significant penalties for impaired operation.

The law states that a person is liable for impaired operation if they have more than 80 milligrams of alcohol in 100 millilitres of blood (commonly called “.08”). This threshold applies whether the boat is moving or simply drifting while under the control of the operator. The law covers all power-driven vessels—such as motorboats, personal watercraft, inflatables, and jet boats—as well as paddlecraft and sailing vessels if they are being operated under the influence in a way that endangers others.

Penalties for Impaired Boating in Canada

Penalties for drinking and boating are strict because impaired operators put lives at risk. If convicted under the Criminal Code, the consequences escalate with each offence:

1st Offence

A first conviction for impaired operation carries a minimum fine of $1,000. This amount may increase depending on blood-alcohol concentration, aggravating factors, or whether bodily harm or property damage occurred.

2nd Offence

A second conviction results in a minimum of 30 days of imprisonment. Courts may impose longer sentences depending on the circumstances.

3rd Offence

A third or subsequent offence carries a minimum of 120 days of imprisonment. Repeat offenders may also face additional restrictions, probation conditions, and long-term consequences that affect insurance, employment, and the ability to operate vessels or vehicles.

Maximum Sentences

While these represent minimum penalties under federal law, maximum sentences can vary depending on provincial or territorial legislation and the specific circumstances of the incident. If impaired boating causes bodily harm or death, the sentences can increase dramatically, similar to impaired driving causing injury or fatality on the road.

Provincial Enforcement Authorities

Because boating takes place across Canada’s vast waterways, enforcement is handled by different agencies depending on location:

• Ontario Provincial Police (OPP) enforce impaired boating laws in Ontario’s waterways.

• Sûreté du Québec (SQ) enforces regulations in Quebec.

• Royal Canadian Mounted Police (RCMP) enforces federal and provincial boating laws in all other provinces and territories.

These authorities also regulate carriage restrictions, which may control the presence, storage, or consumption of alcohol on certain types of vessels. Some provinces allow alcohol only under specific conditions—for example, when the boat has a permanent sleeping area, a permanent toilet, and a permanent cooking facility, and only when the vessel is anchored or securely docked. Because rules can vary by province, it is essential to confirm local requirements before bringing alcohol on board.

Your Responsibility as the Boat Operator

Being the designated operator means accepting full responsibility for the vessel and everyone on it. If you are in charge of navigation, steering, anchoring, docking, or supervising guests, you must remain sober at all times. Even small amounts of alcohol can affect balance, coordination, reaction time, and judgment—skills that are crucial on the water, where conditions can change quickly and hazards can appear suddenly.

Before any alcoholic beverages are opened by passengers, ensure that you have planned safely:

• Assign a sober operator for the entire trip.

• Confirm that your boat meets all safety-equipment requirements.

• Review local alcohol rules and carriage restrictions.

• Educate passengers that impaired boating is not only illegal but extremely dangerous.