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Private Buoy Regulations

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Canada Shipping Act, 2001

The Private Buoy Regulations (PBR) apply to all private buoys placed as aids to navigation – except those used to mark fishing apparatus, unless otherwise directed by Transport Canada (TC) officials. These regulations exist to make sure that Canadian private buoys meet Canadian Coast Guard (CCG) standards.

The PBR describe the size and markings required for each buoy, as well as the responsibilities of the person(s) placing them. While the requirements for the colour, shape, placement and use of private buoys are the same as those for buoys maintained by the CCG, private buoy identification markings must conform to the PBR - not the number and letter identification system used by the CCG.

To comply with the main principles of the PBR:

  1. Do not place a private buoy that will/may interfere with the navigation of any vessel, or that will/may mislead any boater.
  2. Do not place a private buoy in any water unless all size, shape and identification requirements are met and all required information is accurate.
  3. Make sure that all private buoys meet the Canadian Aids to Navigation System standards and guidelines.
  4. Understand that the Minister of Transport, Infrastructure and Communities (the Minister) may require changes to a private buoy, such as size or adding retroreflective material, when there is a need for improved visibility or better identification.
  5. Use, build and install anchors that will keep the buoy in position.
  6. Use lighted buoys that meet the Canadian Aids to Navigation System standards, during the hours of darkness or periods of poor visibility.
  7. Understand that when a private buoy does not meet legal standards, the Minister may remove or order you to modify it to meet current standards.

To view the full text of the PBR, please visit http://laws.justice.gc.ca/en/SOR-99-335/

Why it is Important to Comply with the Regulations

You can be fined for not meeting legal guidelines and standards. In the event of an accident, private buoy owners may also be found liable for any damages resulting from negligent operation and/or maintenance of the private buoy.

NOTE: Section 439 of the Criminal Code of Canada states:

  1. “Everyone who makes fast a vessel or boat to a signal, buoy or other seamark that is used for purposes of navigation is guilty of an offence punishable on summary conviction.
  2. Everyone who willfully alters, removes or conceals a signal, buoy or other seamark that is used for purposes of navigation is guilty of an indictable offence and liable for imprisonment for a term not exceeding ten years.”

Please visit: http://laws.justice.gc.ca/en/frame/cs/C-46

For general information about the PBR, please contact your local Navigable Waters Protection Program office, listed at: http://www.tc.gc.ca/marinesafety/oep/nwpp/offices.htm

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Date modified:
2010-01-21