I rise today to speak about my private member’s bill, Bill 93, Joshua’s Law (Lifejackets for Life) Act.

I would like to start off by thanking my friend and colleague, the former MPP for Parry Sound–Muskoka, Mr. Norm Miller, who tabled this legislation in the previous session.

Applause.

I’m going to begin by speaking about my constituent Cara McNulty, who is far too familiar with the type of tragedy that Joshua’s Law aims to prevent. Her 11-year-old son, Joshua, whom this bill is dedicated to, tragically passed away in September of 2018 when the boat he was on with his father, brother and two other children capsized near Rockport, Ontario. Joshua was wearing a life jacket during the day, but at that moment, he was not. Since then, Cara has been advocating for governments at all levels to make wearing a life jacket mandatory for children in small vessels through her initiative, Life Jackets for Life.

To quote Cara McNulty, “We’re thrilled to hear about this bill. Any progress on mandatory wear legislation is a step in the right direction.” I’d like to thank Cara for her tireless advocacy and for her support of this legislation.

I’m so honoured to continue working on the efforts that MPP Miller started in the previous session. When I tell friends, constituents and even some of my colleagues here in the Legislature about this bill, many are shocked that it’s not already the law for children to wear life jackets or personal floatation devices, also known as PFDs, on small personal vessels. They have a hard time believing that we’re not already doing all that we can to protect children from these preventable tragedies.

Accidents are the leading cause of death for children in Canada, and not wearing a life jacket is the number one risk factor for drowning while boating. In 2021, Drowning Prevention Research Centre Canada found that 80% of people who died in boating-related accidents between 2008 and 2017 were not wearing a life jacket, and another 5% were not wearing one properly.

According to the 2018 Canadian Drowning Report by Drowning Prevention Research Centre Canada, 67% of children aged five to 14 who died from drowning were not wearing a personal floatation device. Behind each of these statistics is a life lost, and that leaves a family broken and a community broken.

Greg Wilkinson, a former board member of Safe Quiet Lakes, said, “The fact that 87% of drownings in Ontario involve people who were not wearing a life jacket tells us all we need to know.”

Pamela Fuselli, the president and CEO of Parachute Canada, said, “Evidence shows that legislation, and the enforcement of legislation, is an effective approach to prevention.” Parachute’s The Cost of Injury in Canada 2021 report showed that drowning was the third-leading cause of death in children aged 14 and younger.

The Ottawa Drowning Prevention Coalition says online that “drowning is one of the leading causes of injury-related incidents for Canadian children under the age of five.”

Matt Cox, president of the Ottawa Police Association said in a statement, “The introduction of Bill 93, Joshua’s Law, which requires children under the age of 12 to wear a personal flotation device or a life jacket while boating or using recreational water equipment is long overdue....

“The city of Ottawa like many places in Ontario” has “many waterways, and we truly hope Bill 93 will prevent any boating tragedies this summer. Life jackets save lives.

“We as the policing community are committed to finding ways to keep the city of Ottawa safe. The Ottawa Police Association will support any level of government to attain this goal.”

I’d now like to talk about the bill itself, Madam Speaker, and explain some of the details and describe how this bill will protect Ontario’s children from accidental drowning while boating.

If passed, Bill 93 would make it mandatory for any child aged 12 years or younger to wear a life jacket or a PFD while on a pleasure boat nine metres in length or less that is under way or while being towed behind a boat: for example, water-skiing, wakeboarding or tubing. A “pleasure boat” is defined as any vessel used or designated to be used in navigating water, propelled by any kind of power, including human power, sail or motorized power, that is used exclusively for pleasure.

The federal rules that lay out what safety equipment is required on boats are based on the length of the boat, and there are different requirements for boats of six metres, six to nine metres and nine to 12 metres etc. This legislation applies to boats nine metres or less because this would cover most runabouts and water-skiing/wakeboarding boats.

Under Bill 93, it is the responsibility of the parent or guardian to ensure that their child is wearing a PFD or a life jacket. If the child is under the supervision of another person 18 years of age or older who is not their parent, then that person is responsible for ensuring the child wears a life jacket. Failing to ensure that child is wearing a life jacket or a PFD would result in a fine of no more than $200 on conviction.

This responsibility is consistent with other provincial safety legislation. For example, the law surrounding the use of seat belts in cars make it the responsibility of the driver to ensure that all passengers under the age of 16 are wearing seat belts, and the law requiring young cyclists to wear a bike helmet put the responsibility on the child’s parent. The proposed bill allows for an exception for children in an enclosed cabin where there is no danger of falling overboard.

This legislation also includes a clause to give the government, through the Lieutenant Governor in Council, the ability to create exemptions. This is because life jackets can interfere with some activities. Life jackets and PFDs have come a long way, but for athletes involved in competitive paddling or rowing, life jackets could get in the way. So, if the bill passes, I would encourage the government to work with groups like Row Ontario to create an exemption for young athletes involved in formal, supervised training or competition.

I mentioned the federal rules around boat safety. Some people might question whether this bill is within provincial jurisdiction. To that I would say that protecting the health and safety of our children is the responsibility of all levels of government.

I would also like to point out the city of Calgary’s water safety bylaw which requires any person in a vessel or other device used as a means of water transportation to wear a life jacket while they are within the boundaries of the city. When this bylaw was challenged to say that waterways fell under federal jurisdiction, Judge Judith Shriar ruled the bylaw was constitutional.

Looking beyond our borders, this legislation is extremely similar to laws that have been enacted by our neighbours in the United States. All 50 states have laws mandating life jacket use for children, and at least 30 of these states specifically require children aged 12 and under to wear a life jacket while in small recreational vessels.

In Ontario, this law could be put into place with no additional cost to boaters. That’s because it’s already required under the small vessel regulations that boat operators ensure there is an appropriately sized life jacket or personal flotation device for every passenger. No law-abiding boater should have to go out and purchase additional life jackets. The only difference is that instead of being stored somewhere on the boat, the child’s life jacket is already on their body, and that could make all the difference in the world.

In an emergency, there’s not always time to grab a life jacket and put it on properly. This is especially true of children. As the president and CEO of Canada Safety Council said, “Too frequently, we see people drown without intending on even dipping their toe in the water, and these types of tragedies are entirely avoidable.”

If you’re in a boat and accidentally fall into the water, there’s not always time to locate the life jacket you have on board and put it on. Between 2008 and 2017, 34% of people known to have not been wearing a PFD when they drowned had a life jacket or a PFD present on the boat, but they were unable to put it on at the time of the incident.

Parents, guardians and all adults are responsible for protecting the health and safety of children. This bill, if passed, would clarify that ensuring children in their care wear a life jacket or a PFD while on a small pleasure boat is a part of that responsibility. This bill won’t prevent all drownings, but I see this as a common-sense law that would reduce the chances of children drowning in boating accidents.

Every child we lose because they were not wearing a life jacket is a tragic and preventable loss of life. It permanently scars parents, families and communities, and it has a terrible impact on our first responders. That is why I’m asking my fellow members to protect the children of Ontario from avoidable harm by supporting Bill 93, Joshua’s Law (Lifejackets for Life).

Once again, I would like to thank the former member for Parry Sound–Muskoka, MPP Norm Miller, for working so hard on this legislation, for working so hard to introduce this legislation in 2021. It’s an honour to re-introduce this bill on his behalf. It is my hope that not only does this legislation pass second reading but that it passes third reading and becomes law in Ontario.

It’s my pleasure to represent the residents of Barrie–Innisfil in support of Bill 93, Joshua’s Law (Lifejackets for Life), presented by the MPP for Carleton, and I want to thank her for reintroducing this bill. I want to thank MPP Norm Miller, who I learned quite a lot from, since we represent a similar region of the province. He well knows that I’m surrounded by Lake Simcoe, the jewel of our region, but with Lake Simcoe comes responsibilities like water safety. I want to thank both those members.

The fact that this bill will save lives on the water—as many people get out to the boats on Lake Simcoe for the great summer season and take their kids out, they can have the peace of mind that their children will be saved by this law that requires children under 12 to wear life jackets. So I wholeheartedly support this private member’s bill on behalf of the residents of Barrie–Innisfil, because it will save lives.