50Minimum distance requirements for power boats

50  Minimum distance requirements for power boats

 (a) the person operates a power boat on a lake at a speed of 10 knots or more; and

 (b) the power boat is less than 60 metres from:

 (i) a person on or in the lake; or

 (ii) another boat (other than a power boat or a boat that is moored or anchored).

 (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that:

 (a) it was not possible for the power boat to be 60 metres or more from the person or other boat; and

 (b) the defendant operated the power boat at a safe distance from the person or other boat.

Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 of the Criminal Code).

Example: For the purposes of paragraph (a), the land in all navigable directions was less than 60 metres from the person or other boat.

 (a) the person operates a power boat on a lake at a speed of 10 knots or more; and

 (b) the power boat is less than 30 metres from:

 (i) another power boat; or

 (ii) a boat that is moored or anchored; or

 (iii) any land, structure or other thing.

Example: For the purposes of subparagraph (b)(iii), a diving platform, fountain or pontoon.

 (4) It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that:

 (a) it was not possible for the power boat to be 30 metres or more from the other boat, land, structure or other thing; and

 (b) the defendant operated the power boat at a safe distance from the other boat, land, structure or other thing.

Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4 of the Criminal Code).

Example: For the purposes of paragraph (a), the land in all navigable directions was less than 30 metres from the other boat.

 (5) In this section:

safe distance means:

 (a) for the distance of a power boat from a person—a distance at which, taking into account all relevant safety factors including the weather, visibility and speed, the power boat could not cause danger or injury to the person; or

 (b) for the distance of a power boat from another boat, land, structure or other thing—a distance at which, taking into account all relevant safety factors including the weather, visibility and speed, the power boat could not cause damage to the boat, land, structure or other thing.