Fishing and Recreational Harbours Act (R.S.C., 1985, c. F-24)

Short Title

Marginal note:Short title

1 This Act may be cited as the Fishing and Recreational Harbours Act.

Interpretation

Marginal note:Definitions

2 In this Act,

agency

agency, in relation to a province, includes

• (a) any incorporated or unincorporated city, town, municipality, village, township, rural municipality, regional district administration or local improvement district administration,

• (b) any council of a band within the meaning of the Indian Act,

• (c) the Council, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act, and

• (d) a first nation named in Schedule II to the Yukon First Nations Self-Government Act; (organisme)

fishing or recreational harbour

fishing or recreational harbour means

• (a) any harbour, wharf, pier, breakwater, slipway, marina or part thereof, together with machinery, works, land and structures related or attached thereto, and

• (b) any other facility, installation, works or part thereof located on or adjacent to water

where accommodation or services are provided principally for fishing or recreational vessels or the occupants thereof; (port de pêche ou de plaisance)

goods

goods means tangible personal property other than vessels; (marchandises)

Minister

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

scheduled harbour

scheduled harbour means any fishing or recreational harbour or portion thereof included in a schedule prescribed by the regulations; (ports inscrits)

vessel

vessel includes every description of ship, boat, craft, floating home or other structure used or capable of being used solely or partly for aquatic navigation without regard to method or lack of propulsion. (bateau)

Marginal note:Application of Act

• 3 (1) Nothing in this Act applies to

  • (a) any port, as defined in section 5 of the Canada Marine Act, or any harbour, works or property under the jurisdiction of a harbour commission established under an Act of Parliament; or

  • (b) any harbour, wharf, pier or breakwater under the control and management of any member of the Queen’s Privy Council for Canada other than the Minister.

• Marginal note:Exemption

  (2) This Act does not affect any of the powers or duties of the Minister of Transport or the Minister of Public Works and Government Services under any other Act of Parliament or regulations made pursuant thereto.

Powers of the Minister

Marginal note:Harbours under control of Minister

4 The use, management and maintenance of every scheduled harbour, the enforcement of regulations relating thereto and the collection of charges for the use of every scheduled harbour are under the control and administration of the Minister.

Marginal note:Minister may undertake projects

• 5 (1) The Minister may undertake projects for the acquisition, development, construction, improvement or repair of any scheduled harbour or any fishing or recreational harbour to which this Act applies.

• Marginal note:Agreements with provinces

  (2) The Minister may, subject to the regulations, enter into an agreement with any province to provide for

  • (a) the undertaking jointly with the government of the province or any agency thereof of any project that the Minister is authorized to undertake under subsection (1); and

  • (b) the payment to the province of contributions or grants in respect of the cost or any part of the cost of any project that is undertaken by the government of the province or any agency thereof and that the Minister is authorized to undertake under subsection (1).

• Marginal note:Agreements with persons

  (3) The Minister may, subject to the regulations, enter into an agreement with any person to provide for

  • (a) the undertaking jointly with that person of any project that the Minister is authorized to undertake under subsection (1); and

  • (b) the payment to that person of contributions or grants in respect of the cost or any part of the cost of any project that is undertaken by that person and that the Minister is authorized to undertake under subsection (1) and in respect of the cost of any planning studies and advisory services relating to any such project.

• Marginal note:Studies

  (4) For the purpose of assisting the formulation and assessment of projects undertaken under subsection (1), the Minister may, subject to the regulations, undertake economic or other studies alone or jointly with the government of any province or agency thereof or with any person or educational institution.

Marginal note:Services of other departments

6 The Minister shall, in carrying out any project or study under this Act, make use, wherever possible, of the services and facilities of other departments, boards or agencies of the Government of Canada.

Marginal note:Provisions to be included in agreements

7 Every agreement entered into pursuant to subsection 5(2) or (3) shall specify

• (a) the respective proportions of the cost of any project to which the agreement relates that shall be paid by the Minister and the province or person or the contributions or grants in respect of that project that shall be paid by the Minister, and the times at which those amounts to be paid by the Minister or the province or person shall be paid;

• (b) the authority that shall be responsible for the undertaking, operation and maintenance of any project or any part thereof to which the agreement relates;

• (c) the respective proportions of the revenues from any project to which the agreement relates that are to be paid to the Minister and the province or person; and

• (d) the terms and conditions respecting the operation and maintenance of any project to which the agreement relates and the charges, if any, to be charged to persons to whom any of the benefits of the project are made available.

Marginal note:Leases, licences and agreements for use of scheduled harbours

8 The Minister may, subject to the regulations,

• (a) lease any scheduled harbour or any part thereof to any person;

• (b) grant a licence to any person for the use of any scheduled harbour or any part thereof; and

• (c) enter into an agreement with the government of any province or any agency thereof for the occupancy and use of any scheduled harbour or any part thereof.

Regulations

Marginal note:Regulations

9 The Governor in Council may make regulations

• (a) prescribing schedules naming and delimiting or describing the fishing or recreational harbours or portions thereof belonging to Her Majesty in right of Canada that are under the control and administration of the Minister for the purposes of this Act;

• (b) for the maintenance of order and the safety of persons and property at any scheduled harbour;

• (c) not inconsistent with any other Act of Parliament or regulations made thereunder, for the control of mooring, berthing, loading and discharging of vessels at any scheduled harbour;

• (d) not inconsistent with any other Act of Parliament or regulations made thereunder, for the control of pollution at any scheduled harbour;

• (e) prescribing standards for the accommodation and services provided or to be provided at any scheduled harbour;

• (f) prescribing charges for the use of any scheduled harbour;

• (g) prescribing the duties or functions of persons appointed or designated under this Act or any other Act of Parliament to supervise or manage any fishing or recreational harbour to which this Act applies;

• (h) governing inquiries into accidents and incidents held under section 26;

• (i) prescribing terms and conditions of agreements entered into pursuant to subsection 5(2) or (3);

• (j) prescribing the manner of undertaking economic or other studies pursuant to subsection 5(4);

• (k) prescribing terms and conditions of leases, licences and agreements entered into or granted pursuant to section 8;

• (l) prescribing the form of the tickets that may be issued pursuant to paragraph 25(1)(a);

• (m) respecting the detention and safe-keeping of vessels and goods seized under this Act and the payment of any reasonable costs incidental thereto;

• (n) prescribing the manner of disposing of anything forfeited under this Act; and

• (o) generally for carrying out the purposes and provisions of this Act.

Enforcement

Marginal note:Enforcement officers

• 10 (1) For the purposes of enforcing this Act and the regulations, the Minister may designate as an enforcement officer any person who is, in the opinion of the Minister, qualified to be so designated and furnish that person with a certificate of his designation.

• Marginal note:Production of certificate of designation

  (2) In carrying out the duties and functions of an enforcement officer under this Act, an enforcement officer shall, if so requested, produce the certificate of designation of the enforcement officer as such to the person appearing to be in charge of any vessel, vehicle, premises or goods in respect of which the officer is acting.

Marginal note:Powers of enforcement officers

11 Where an enforcement officer believes on reasonable grounds that a provision of this Act or the regulations is not being complied with, the officer may

• (a) with a warrant issued under section 11.1, board any vessel or enter any vehicle or premises where or in respect of which the officer believes on reasonable grounds there may be evidence of the non-compliance and make any inspection the officer deems necessary;

• (b) require the person appearing to be in charge of the vessel, vehicle or premises to produce for inspection, or for the purpose of making copies or extracts therefrom, any log book, document or paper that may, in the officer’s opinion, provide evidence of that non-compliance;

• (c) require any person found on board any vessel or in any vehicle or premises to give all reasonable assistance to enable the officer to carry out his duties and functions under this Act; and

• (d) prohibit the use of any scheduled harbour by any person, vessel or vehicle that the officer believes on reasonable grounds to be involved in that non-compliance and direct the removal of that person, vessel or vehicle from the harbour.

Marginal note:Authority to issue warrant

11.1 Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any vessel, vehicle or premises

• (a) anything on or in respect of which any contravention under this Act has been or is suspected to have been committed, or

• (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of any contravention under this Act,

the justice of the peace may issue a warrant under his hand authorizing the enforcement officer named therein to enter that vessel, vehicle or premises subject to such conditions as may be specified in the warrant in order to make any inspection the enforcement officer deems necessary.