Although this was 8 years ago, I feel it is still relevant, so I'll resurrect this topic.
In talking with some friends the other day, I insisted Federal law states they only have to have a PFD or life jacket with them, not actually wear it. I was then informed about the Calgary Water Safety bylaw 9084, linked below for reference:
http://www.calgary.ca/_layouts/cocis...edirect=1&sf=1
Quote:
Originally Posted by walking buffalo
"At stake are all bylaws relating to the City of Calgary's regulatory control of it's
waterways, including, but not limited to: power boating on the Glenmore and
power boating on the Elbow and Bow rivers. both of which are now prohibited by
bylaw."
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This is incorrect, powerboating on both rivers, as well as the Glenmore, is specifically prohibited by the Canada Shipping Act, Vessel Operation Restriction Regulations (SOR/2008-120). It doesn't specifically mention the Glenmore resevoir, but it is included in the definition of the Elbow River. Whatever bylaws you're referring to may be ultra vires; as according to the Constitution Acts, all matters relating to navigation and shipping fall under the exclusive legislative domain of parliament:
http://laws-lois.justice.gc.ca/eng/C...4.html#docCont
For reference, here is the Canada Shipping Act, along with the 60 other regulations made under it, including both Small Vessel Regulations, and Vessel Operation Restriction Regulations:
http://laws-lois.justice.gc.ca/eng/acts/C-10.15/
Under the basic principles of bylaws, it also clearly states:
"That a municipality cannot enact a bylaw that controls any matter over which the federal or provincial government have exclusive control"
It seems like such a clear overreach of municipal powers. The city of Calgary, or any other municipality for that matter, should have no legislative powers when it comes to matters of navigation and shipping.
Furthermore,
the objectives of the Canada Shipping Act are to:
(a) protect the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce;
(b) promote safety in marine transportation and recreational boating;
The Calgary bylaw in question (9084), states:
"AND WHEREAS it is expedient to provide for the safety of persons to which the said Regulations (Canadian Shipping Act) do not apply on all natural or man-made rivers, streams, brooks, canals, lakes, reservoirs or other waterways or watercourses which are contained within the boundaries of the City of Calgary;"
Meaning the bylaw is set to apply only to whatever people aren't covered already under the shipping act. Turns out everyone is covered.
And the bylaw should only be applicable within bodies of water the navigation and shipping act doesn't cover. Oh look, it covers uh, all Canadian vessels everywhere.
They also added in that the bylaw applies to any vessel not covered under Federal regulations, including inflatable rubber or canvas devices. Federal regulations cover "all human powered vessels" though, so wouldn't that include an innertube, or floatie? Wait... does this mean that if you are on a floatie in a pool, you're required by federal law to have a PFD or life jacket with you?
This bylaw appears to be in effect over no-one nowhere, yet possibly over people on floaties & innertubes within city limits; unless they are in fact covered as human powered vessels by Federal law.
If innertubes and floaties aren't included as vessels within the Canada Shipping Act, and regarded to be outside navigation and shipping legislation, the $500 fine within city limits would be valid, and that would also mean that outside city limits, you can go full Darwin and leave the PFD at home.
One could optionally show up in court, argue that your floatie is a human powered personal watercraft, and therefore covered under Federal law. Get the fine dismissed, and ask for reimbursement for wasting your valuable time, both on the river, as well as in court. But you would also then be arguing that it is the law to have a PFD or life jacket with you on your floatie within the city of Calgary.
For the record, I always have my PFD with me when floating the Bow River. And every time the river police boat comes by, I point to where it's at. Never got a ticket over the years. There are times I'll wear it, especially if I'm alone, but for the most part, it just stays within reach, while I comfortably and leisurely maximize my vitamin D output. Sure, I could unexpectedly enter the water, get knocked out and potentially drown, but my right to go for the Darwin award, or even put a burden on rescue services, isn't what's in question here.
Thanks for your efforts Lawrence!