For decades, cottagers have known the wrath of a rock or shoal lurking just below the surface of the water. Many have first-hand experience with some of these natural hazards in our lakes and waterways, with new props and patched hulls to prove it.
In an attempt to promote safe boating and as a benefit to members, Associations across the province have become increasingly involved in the marking of rocks and shoals in their areas. As with many other “Good Samaritan” activities, rock and shoal marking can unfortunately expose an Association and its members to the risk of being named in a legal action, alleging negligence.
According to Transport Canada, “in Canada, persons, organizations, corporations or other groups may place “private buoys” on the water to inform other mariners. When you place a private buoy, you are responsible for following Canada’s Private Buoy Regulations under the Canada Shipping Act.” An Owner’s Guide to Private Buoys is available on their website for your review and sharing. The document further confirms that “in the event of an accident, private buoy owners may also be found liable for any damages resulting from negligent operation and/or maintenance of the private buoy.”
In order to minimize and mitigate the risks associated with your Association’s rock & shoal marking, it is recommended that Associations take the following into consideration:
- Ensure that the Insurer of the Association is aware of the activity. There is typically a small additional premium for such an exposure. It is, however, critical that the Insurer be aware that this activity is within your scope of operations.
- Notify all members or property owners of buoy placement and removal dates.
- Use the Transport Canada documentation to ensure the buoy used is approved, or refer to FOCA for additional information.
- Disclaimers should be distributed where possible, such as in your newsletter. Such notices should point out that although an effort is being made to mark specific lake or waterway hazards, your Association is not responsible for ensuring all hazards are marked or continue to be marked. Be clear with the membership about the locations being marked and when they are being marked.
- Ensure your members and property owners understand that, ultimately, every individual operator of a watercraft is responsible for safe boating, including the avoidance of hazards.
- Ensure that any device used to secure the buoy anchor, chains, or ropes are safely secured during the offseason to prevent causing an additional hazard. These devices should not be made of material that may cause injury to surface users, such as ATV and snow machines or their passengers.
- If your Association decides to stop marking a rock or shoal, or get out of the activity altogether, make sure you give your membership and property owners sufficient notice of your plans. The longer that the Association marks the rocks and shoals, the more precedent has been set, and the more notice and communication you should provide to community members.
If this marking is carried out by an individual and not on behalf of an Association, their homeowners liability policy could provide liability protection. However, it is important that these individuals confirm their coverage with their own Insurer or Insurance Broker.
The FOCA Association Insurance program offers coverage for Rock & Shoal marking, as well as many other activities usual to the operation of lake, land, and road organizations! For more information and to request a quote, visit www.cadeinsurance.com/foca, or call us at 1-844-CADE-1ST.