unopened beer in the boat?

[robbo 8]

"No person shall operate or have the care or control of a boat that is underway while there is contained in the boat any open liquor (seal broken)."

1. When it comes to beer, does it need to be in an unopened box or can I have loose bottles/cans in a cooler?

2. Can the fishing party drink on shore? (not the boat operator of course).

3. Can the fishing party drink while anchored? (again, not the operator).

4. If yes to #2, #3, how should the empty containers be transported for the remainder of the day?

[Guest MNR]

In Ontario, the Liquor Licence Act is the piece of legislation that regulates where alcohol can be consumed.

Given the media attention and efforts of government enforcement agencies, public health units and various other groups (e.g. MADD) in Ontario to educate people about the risks of drinking and driving etc. I’m surprised that this question is asked so frequently.

There are only three places in Ontario where a person can legally consume alcohol.

1. Residence and immediately adjacent land

2. Licensed establishment (tavern, restaurant etc)

3. Private place - “private place” means a place, vehicle or boat and is an indoor place to which the public is not ordinarily invited or permitted.

a. A motor vehicle equipped with sleeping accommodation and cooking facilities is considered to be a private place while it is parked and being used as a residence. (ie an RV parked in the bush being used as a hunt camp)

b. A boat with permanent sleeping accommodations and permanent cooking and sanitary facilities, other than a boat used to carry passengers for hire is considered to be a private place while the boat is at anchor or is secured to the dock or land

So to answer your questions:

Beer can be in a boat if the can is unopened or it is stored in a closed compartment. Most people however, don’t just take their beer for boat rides, they intend on drinking it. If an officer believes that the beer will be consumed illegally (smell of alcohol on persons for example) then the officer may confiscate the unopened beer. Beer can only be consumed on a boat if it meets the definition of a private place.

You cannot consume alcohol anywhere other than a residence and immediately adjacent land, a licensed establishment or a private place. Therefore you cannot pull up on shore and drink, regardless of who is driving the boat.

Just simply dropping an anchor over the side doesn’t allow you to consume alcohol. Your boat must meet the definition of a private place. The boat must have permanent sleeping accommodations and permanent cooking and sanitary facilities. A sixteen foot aluminium open boat with a sleeping bag, Coleman stove and pee bucket doesn’t cut it.