42Children under 12 years

42 Children under 12 years (a) the person operates a recreational boat on a lake; and (b) the boat is under 8m in length and under way; and (c) a child under 12 years old is— (i) in an open area on the boat; and (ii) not wearing an appropriate lifejacket. (3) It is a defence to a prosecution for an offence against this section, if the defendant proves that the defendant took all reasonable steps to ensure that the child was wearing an appropriate lifejacket. s (3) (see Criminal Code, s 59).