Regulations

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Although sea kayaking is a perfect way to get away from it all, it is also governed by certain laws and regulations that you must know and observe:

• Small Vessel Regulations
• Collision Regulations
• VHF Radiotelephony Practices and Procedures Regulations

Under the Canada Shipping Act, 2001 Transport Canada is the government department responsible for pleasure boating. Sea kayak is subject to the Small Vessel Regulations under the Act. Two categories of sea kayaks are targeted by the regulations: pleasure crafts not over 6 metres in length and pleasure crafts over 6 metres in length but not over 8 metres in length.

Small Vessel Regulations:

In order to abide by the regulations, you should keep the following equipment on board:

Boats 6 metres long and less

1. Personal flotation devices (PFD) or lifejackets approved for use in Canada and of a suitable size for each person on board. PFDs must be comfortable and functional enough to be worn at all times. Highly visible, short models with pockets for distress flares, radio, and whistle are preferable.
2. A buoyant heaving line at least 15 metres long (floating throwline or throwbag).
3. A manual propulsion device. The paddle is the propulsion device and must be carefully selected. It may be made of wood, aluminium, plastic, or composite materials. The blades may be unfeathered or feathered. Two-piece take-apart paddles are also available in all three materials and are good emergency paddles. There are models for every budget and taste, so try them before buying.
4. A bailer or manual water pump for removing water. A pump is more efficient. A large sponge can be used to remove remaining water. Don't forget to tie them down.
5. A sound-signalling device. You can use a whistle, a foghorn or compressed air foghorn.
6. Navigation lights. Between sundown and sunrise or when visibility is reduced, a white light visible over 360° is preferable, but a watertight flashlight is acceptable.

Boats between 6 and 8 metres long (26' 3"):

1. All that is required for boats 6 metres and less
2. A waterproof flashlight
3. Six Type A, B or C flares. (See Chapter 3: Specific Dangers, and Chapter 19: Communication).

Note: Boats are not required to be equipped with flares if they are used on rivers, canals or lakes in which they can at no time be more than one mile from shore.

Collision Regulations

The Collision Regulations are part of the Canada Shipping Act, which is under the jurisdiction of Transport Canada and also applies to sea kayaks. It is important to follow the law to the letter when kayaking in areas used by other pleasure craft or commercial shipping.

The Collision Regulations state, "Every vessel shall use all available means to avoid collisions." They describe passing procedures, distances to respect, maximum speeds, and the use of light and sound-signalling devices.

Various types of navigational aids (buoys) are used to help get your bearings and identify channels, isolated dangers, and special areas (diving sites, anchorage, swimming areas, etc.). It is thus essential that you be able to recognize them.

When Sea Kayaking, Put Yourself in the Position of Other Users

Remember, for example, that even in bright, calm conditions a kayak isn't visible more than two nautical miles away, the distance a large vessel covers in four minutes.

Keep in mind that powerboat operators and the crews of cargo vessels riding high on the water can't see anything on the water less than half a mile in front of them because their view is obstructed by the bow of the boat.

Understand that even though a sea kayak allows you to manoeuvre and change direction quickly, other users can't be expected to anticipate your actions or know how skilled you are.

Complying with the Collision Regulations is like complying with the Highway Code. It's a win-win situation.

Kayakers will be able to enjoy their sport in safety while earning the respect of the marine community.

VHF Radiotelephony Regulations

The Radiotelephone Regulations are administered by Industry Canada. All radio operators must hold an operator's certificate (lifetime issue). If you go kayaking in coastal waters on a regular basis, a radiotelephone should be part of your basic equipment..

In addition to the regulations

Maintain Visibility on the Water

A kayak is small in comparison with sailboats or other motorized pleasure crafts, fishing boats or with commercial vessels. Moreover, kayakers should maintain a preventive attitude and avoid putting themselves in situations where they cannot be seen by other boats.

The kayaker must be aware that his or her craft is very difficult to see on the water - and in any type of weather. When the kayak is in the hollow of a wave it becomes almost entirely invisible. A kayak has very little speed and should therefore not be taken on channels or waterways. When crossing through large bodies of water, particularly at river mouths where sea traffic is heavy, extreme care is advised. The safest place for kayaking is along the shoreline.

If an approaching boat does not seem to recognize the kayak, the kayaker should signal his/her presence using sound (horn or whistle) or visual signals. The paddle is without doubt the piece of equipment with which the kayaker can best draw attention to him/herself.

Clothing and PFDs should have very bright colours. Even if new colours have been approved, orange is still the colour that is the most visible on the water in all conditions. Other ways of attracting attention in emergency situations are: a flag mounted on a branch, visual distress signals, flags, horns, and signalling mirrors.

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