a couple drinking on a boat

Drinking and driving behind the wheel of a car can have serious consequences. But what about DUI on a boat in Ontario? Many people are curious about which drinking and driving guidelines apply to boats in 2026.

Sure, it makes sense that you can’t drink and operate a speed boat or any motorized boat, really, but what about kayaking and canoeing? Boats that don’t require the use of a motor? What about sailboats? Paddleboats? Well, we have all the answers for you. For all your DUI questions, answered, stay tuned.

DUI on a Non-Motorized Boat in Ontario

A lot of times, questions like this have some pretty complex answers, but today we’re in luck. The easy answer to this question is yes! If you are caught above the legal limit, operating a kayak, canoe, or even paddleboat, under the Criminal Code of Canada, you can be charged with a DUI (for a care or control as well). The same laws apply to a motorized vehicle. If your BAC is above 80 mg per 100 mL of blood, you are technically drunk driving and can come out of this situation in need of an over 80 lawyer. Being caught subjects you to fines, penalties, license suspensions, and so much more. These fines are often as severe as those for drivers who drink and drive.

man having a beer on a boat

Why is this rule controversial?

This rule is quite controversial. Many argue that since kayaks have no motors and really aren’t capable of causing harm like a real motorized vehicle, it should be legal to drink in them. After all, what’s better than paddling around the lake at your cottage with beer and a few fishing rods? Well, the Canadian government disagrees. It’s illegal and can land you in some deep trouble. Regardless of the opinions shared within this article, drinking and driving while operating a canoe is illegal. Any laws you break are your own fault, and we do not take responsibility. Regardless of what we believe, the law is the law.

Open Alcohol on Boats

A lot of people think that if a boat has stopped moving, they’re legally allowed to drink, and it’s almost true. First and foremost, you can’t have open alcohol on a moving boat (especially if you’re operating it), even if it’s a party boat. You need to adhere to the legal guidelines, meaning the alcohol should be:

  • Sealed
  • Secured
  • Stashed away

However, there are some exceptions. Your passengers can legally consume alcohol on a private vessel if both of these conditions are met:

  1. The vessel has permanent living facilities (sleeping area, kitchen/cooking area, and permanent toilet). It makes it a permanent and private place to drink under the Liquor Licence and Control Act.
  2. The vessel is somehow attached to the ground (beached, moored, anchored, or docked).

Yet, if you think that you can sleep on a mattress on a boat or cook on a gas can, the police and marine units will probably disagree. Usually, only larger houseboats and yachts are properly equipped with what’s needed to legally drink on a boat, not small fishing boats or canoes.

party with alcohol on a boat

One super important thing to keep in mind is that all parties involved need to be sober. If there are three people in a canoe, all three must be sober. Under Canadian law, every person who helps is technically operating the boat. This means if you have someone in the middle of the boat who’s drunk and is even just paddling with their hands, they can be charged with a DUI. It sounds ridiculous, but it’s true. Even if someone is not helping in any way whatsoever, they cannot be drinking while aboard the vessel, which is moving. Sure, you can transport the booze all you want, but it needs to be sealed at all times.

What to Do if You Are Charged With Drinking On a Boat

If you’ve been charged with a DUI for operating a boat that has no engine, like a kayak or a canoe, you should definitely call an experienced DUI lawyer immediately. Jonathan Lapid is a fantastic Toronto DUI lawyer who’s been fighting DUI charges for over a decade. If you have any trouble regarding DUIs, he’s your best bet. He’s experienced, intelligent, tremendously professional, and really knows what he’s doing. If you have any more questions or concerns, feel free to contact Jonathan today. He’ll answer all of your questions and provide you with affordable rates and brilliant work.

Drinking On a Boat in Ontario FAQ

  • Can passengers drink alcohol on a boat in Ontario?

    No, open alcohol must remain sealed, secured, and stored away at all times, regardless of whether the boat is moving, docked, or beached. The only exception is if the boat meets the criteria of a residence, such as having permanent sleeping accommodations, cooking facilities, and a washroom, and is docked or anchored.

  • Can you get a DUI on a kayak or canoe?

    Yes. Non-motorized vessels are treated the same as motorized ones under the Criminal Code. If your blood alcohol concentration exceeds 80 mg per 100 mL of blood while operating a canoe, kayak, or paddleboat, you can be charged.

  • Are the penalties for boats the same as drunk driving a car?

    In most cases, yes, the penalties can include fines, a criminal record, license suspensions, ignition interlock requirements, and other consequences that mirror impaired driving charges involving cars.

  • Does helping paddle count as operating the boat?

    Yes, it does. Anyone assisting with the movement or operation of the vessel, whether by paddling, steering, or even using their hands, can be considered an operator.

  • How can a lawyer help if I’m charged with boating under the influence?

    A DUI lawyer will review the circumstances of the stop, the legality of the investigation, the accuracy of testing procedures, and whether the vessel met the definition required under the law. Such efforts can really change the outcome of your case.