Under the Small Vessel Regulations of the Canada Shipping Act, 2001, there is a requirement for all power driven boats to be equipped with a working muffler that is in good condition. Part 10, Section 1000 of the regulations has been made to address concerns expressed by a multitude of Canadians at all levels over the past years.
You should also know that not having a working muffler that is in good condition could result in fines ranging from $250 to $500. For a complete list of boating offences and fines, consult the Contraventions Regulations.
A muffler is defined in the section entitled "interpretation" of the regulations as follows:
As per section 1000 of the Small Vessel Regulations, vessels cannot be equipped with a muffler by-pass or cutout unless the by-pass or cut-out is visually disconnected and cannot be easily reconnected while the vessel is in operation.
The prohibition for by-pass or cutout does not apply in certain cases, such as when the exhaust gases are normally directed underwater through the propeller hub or below the cavitation plate of a stern-drive or outboard engine. Note however that in such cases, if the exhaust gases are not directed underwater (e.g. when the bypass is used), the owner may still be fined for not having a muffler meeting the definition of the regulations. Therefore all vessels equipped with a stern-drive and a bypass should be operated with the exhaust gases directed underwater through the propeller hub or below the cavitation plate, unless the bypass is directing the exhaust gas through a muffler or the vessel is operated more than 5 miles from shore.