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Thread: Open Alcohal on Crown Land / Unassued Roads

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    Open Alcohal on Crown Land / Unassued Roads

    Is there a law about having open alcohol in the Jeep on Crown land/un-assumed roads? I remember when my dad first let me drive the Jeep, He parked the Jeep said he felt like drinking beer, time i learnt how to drive, now this was quite some time ago, and i remember the days when you could have a beer on your boat, but things have changed. I'm not much of a drinker my self, but what if my passenger wanted to crack a cold one while we are wheeling off in the bush? And do the same Blood Alcohol limits apply on this land ?

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    Quote Originally Posted by ReversePhase View Post
    but what if my passenger wanted to crack a cold one while we are wheeling off in the bush? And do the same Blood Alcohol limits apply on this land ?
    Yes the Criminal Code offense of "operate motor vehicle impaired/blood alcohol level over .08" applies anywhere and everywhere. It doesn't matter where you are in regards to roadways etc.

    Further to that there is the Liquor License Act Ontario which applies all over Ontario:

    (2) No person shall have or consume liquor in any place other than,
    (a) a residence;
    (b) premises in respect of which a licence or permit is issued; or
    (c) a private place as defined in the regulations. R.S.O. 1990, c. L.19, s. 31 (2).

    32. (1) No person shall drive or have the care or control of a motor vehicle as defined in the Highway Traffic Act or a motorized snow vehicle, whether it is in motion or not, while there is contained in the vehicle any liquor, except under the authority of a licence or permit. R.S.O. 1990, c. L.19, s. 32 (1).

    Exception
    (2) Subsection (1) does not apply if the liquor in the vehicle,
    (a) is in a container that is unopened and the seal unbroken; or
    (b) is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle.

    (5) A police officer who has reasonable grounds to believe that liquor is being unlawfully kept in a vehicle or boat may at any time, without a warrant, enter and search the vehicle or boat and search any person found in it.

    Provided FYI.
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    Quote Originally Posted by Punisher-One View Post
    Yes the Criminal Code offense of "operate motor vehicle impaired/blood alcohol level over .08" applies anywhere and everywhere. It doesn't matter where you are in regards to roadways etc.

    Further to that there is the Liquor License Act Ontario which applies all over Ontario:

    (2) No person shall have or consume liquor in any place other than,
    (a) a residence;
    (b) premises in respect of which a licence or permit is issued; or
    (c) a private place as defined in the regulations. R.S.O. 1990, c. L.19, s. 31 (2).

    32. (1) No person shall drive or have the care or control of a motor vehicle as defined in the Highway Traffic Act or a motorized snow vehicle, whether it is in motion or not, while there is contained in the vehicle any liquor, except under the authority of a licence or permit. R.S.O. 1990, c. L.19, s. 32 (1).

    Exception
    (2) Subsection (1) does not apply if the liquor in the vehicle,
    (a) is in a container that is unopened and the seal unbroken; or
    (b) is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle.

    (5) A police officer who has reasonable grounds to believe that liquor is being unlawfully kept in a vehicle or boat may at any time, without a warrant, enter and search the vehicle or boat and search any person found in it.

    Provided FYI.
    Hey, I thought I was the SAVE Officer , just to clarify a few things though....

    Legally there are only 3 places you can consume alcohol in Ontario: A licensed premises/A residence/A private place

    As far as consuming alcohol on Crown Land, the "residence" part might apply if you are camping, and doing the consuming on your campsite.

    A private place as defined in Regulation 718 is as follows:

    Private Place

    3. (1) For the purposes of clauses 30 (13) (a) and 31 (2) (c) of the Act,

    "private place" means a place, vehicle or boat described in this section. R.R.O. 1990, Reg. 718, s. 3 (1).

    (2) An indoor place to which the public is not ordinarily invited or permitted is considered to be a private place except at the times when the public is invited or permitted access to it. R.R.O. 1990, Reg. 718, s. 3 (2).

    (3) Despite subsection (2), an indoor place that is available for rental by members of the public for occasional use is not a private place. R.R.O. 1990, Reg. 718, s. 3 (3).

    (4) 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. R.R.O. 1990, Reg. 718, s. 3 (4).

    (5) Despite subsection (4), a motor vehicle is not considered to be a private place while it is on a highway or a King's Highway within the meaning of the Highway Traffic Act. R.R.O. 1990, Reg. 718, s. 3 (5).

    (6) A boat that is used exclusively to carry freight and is under the command of a person certified under the Canada Shipping Act is considered to be a private place. R.R.O. 1990, Reg. 718, s. 3 (6).

    (7) 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. R.R.O. 1990, Reg. 718, s. 3 (7).

    (8) If a boat is considered under subsection (7) to be a private place and is secured to a dock or land to which the public is not ordinarily invited or permitted then the dock or land is considered to be a private place except at the times when the public is invited or permitted access to it. R.R.O. 1990, Reg. 718, s. 3 (8).

    (9) A boat that is used exclusively to carry passengers for hire and has sleeping accommodation for all passengers is considered to be a private place if it is under the command of a person certified under the Canada Shipping Act. R.R.O. 1990, Reg. 718, s. 3 (9).

    (10) A boat that is owned or operated by the Canadian Coast Guard is considered to be a private place. R.R.O. 1990, Reg. 718, s. 3 (10).



    Impaired/Over 80 mg also includes care and control, as well it is any motor vehicle as defined in the Criminal Code:

    253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

    (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

    (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

    “motor vehicle” means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment;



    Hopefully it has all been covered.....

    This is a very important question, and I'm glad it was asked. If there are any further questions arising out of this I would be happy to assist!
    Opinions expressed are those of the author, accuracy of information posted cannot be guaranteed. These opinions in no way represent the OPP, any other Police Department or Police Officer.

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    (4) 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. R.R.O. 1990, Reg. 718, s. 3 (4).

    does this meen if i put a coleman stove on the hood and had a blanket and pillow in the truck it's alowed ,the sh!tting in the woods thing has been coverd and it's a go or a grunt .this won't work on a boat #7 sanitary facilities, not being trying to be a hole with an ass around it ,but i like camping and i realy like drinking and camping ,in fact i'm pretending i'm camping now..
    Last edited by lemon; 06-02-2012 at 01:44 AM.

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    So the Canadian Coast Guard are allowed to drink on their boats? I always knew it was a sweet job!
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    Quote Originally Posted by r.d.a View Post
    (4) 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. R.R.O. 1990, Reg. 718, s. 3 (4).

    does this meen if i put a coleman stove on the hood and had a blanket and pillow in the truck it's alowed ,the sh!tting in the woods thing has been coverd and it's a go or a grunt .this won't work on a boat #7 sanitary facilities, not being trying to be a hole with an ass around it ,but i like camping and i realy like drinking and camping ,in fact i'm pretending i'm camping now..
    LOL unfortunately it doesn't quite work that way. The sleeping accommodations and cooking facilities must be a design feature of the motor vehicle.

    If you read on, for it to apply it must be being used as a residence at the time as well.

    Just get yourself a tent and go camping!

    Hope this clears it up for you, let me know if you have any further questions!

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    Yes, Coast Guard boats with crew quarters are all wet boats. Ice breakers, patrol boats, service boats, as well as all CDN naval ships with living quarters.

    The 28 day cycle for Coast Guard crew may be a deterrent though.

    I grew up in a Coast Guard town where everybody wanted a Coast Guard job and knew the perks. Prescott, base for Griffon.

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    Last edited by Chrisbuilt; 06-02-2012 at 09:25 AM.
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    Quote Originally Posted by Jenna View Post
    So the Canadian Coast Guard are allowed to drink on their boats? I always knew it was a sweet job!
    I know it seems a little strange, I'm sure back years ago, there must have been a reason for putting that in the legislation.

    Trust me when I tell you that I don't think Coast Guard allows drinking on board their vessels at all, unless it is on one of their ships and the person is "off duty".

    If someone who is on the board is with the Coast Guard, maybe they'll chime in..

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    I have a bud that is CG and all the bigger boats have a wet mess for off duty persons when at the dock, Note they did the last time I got drunk with him on said boat 3 years ago so this mabe be a loop hole they put in to cover them selves.

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