When the 2013-2016 Racing Rules of Sailing came into effect on 1 January 2013, Sail Canada added a prescription to rule 46 - Person in charge. Rule 46 requires a boat to have a person in charge on board designated by the member or organization that entered the boat and refers to rule 75 - Entering a race. The prescription to rule 46 says "Sail Canada prescribes that the designated person in charge, if resident in Canada, shall be a member of a club affiliated with Sail Canada." As a member of a provincial sailing association you are automatically a club affiliated with Sail Canada.
You are aware of the many benefits of membership which include the right to race in events, use of the Racing Rules of Sailing, and access to the protest and appeals process. Individuals who are not members of a Sail Canada affiliated club are not entitled to any of these benefits.
One course of action is to exclude the boat from your events in accordance with rule 76 - Exclusion of boats or competitors, by rejecting or cancelling the entry of a boat before the start of the first race and stating the reason for doing so is the person in charge is not compliant with the prescription to rule 46.
Any notice of race should include in the eligibility and entry section a clause such as the following:
"If resident in Canada, the designated person in charge shall provide proof of membership in a club affiliated with Sail Canada."
The NOR might also state:
"The boat's entry will be rejected or canceled if the person in charge is unable to provide this proof of membership."
At registration, the membership card or other proof must be presented by the person in charge and the club affiliation checked against the list of Sail Canada member yacht and sailing clubs in good standing. The list of these clubs is found at http://www.sailing.ca/yacht-sailing-clubs-s15782
The prescription is a rule and the boat may be protested by another competitor if they happen to learn the eligibility condition has not been met. What happens if this is at the prize giving stage? What happens when the winner is announced and the club is recognized as not being a member? It may grounds for redress as the OA failed to check eligibility. Not a pleasant ending to the event!
Should you have any questions regarding the application of the Sail Canada prescription to rule 46 or require assistance with your notices of race, please contact me for more details.
A person who wants to race in a regatta whose club is not a member of Ontario Sailing can join the Maple Leaf Fund. Joining the Maple Leaf Fund gives each participant a Sail Canada card that gives them the "right to race" along with access to our password-protected Member Benefits page on our website. Information can be found here
The following clubs are not members of Ontario Sailing:
Belwood Lake Sailing Club
Port Hope Yacht Club
Burlington Beach Catamaran Club
Macassa Bay Yacht Club
Kempenfelt Bay Yacht Club
Hawkestone Yacht Club
We would be happy to discuss membership benefits with any of the clubs listed above.
Executive Director, Ontario Sailing
: 70 Unsworth Drive, Unit 17 Hamilton, ON L8W 3K4
905-572-7245 or 1-888-672-7245 ext. 224
Fax 905-572-6056 or 1-877-677-7275