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

Act current to 2020-06-28

Enforcement

Marginal note:Enforcement officers

  •  (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.

  • 1977-78, c. 30, s. 10

Marginal note:Powers of enforcement officers

 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.

  • R.S., 1985, c. F-24, s. 11
  • R.S., 1985, c. 31 (1st Supp.), s. 36

Marginal note:Authority to issue warrant

 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.

  • R.S., 1985, c. 31 (1st Supp.), s. 37

Marginal note:Use of force

 In executing a warrant issued under section 11.1, the enforcement officer named therein shall not use force unless the officer is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

  • R.S., 1985, c. 31 (1st Supp.), s. 37

Marginal note:Where warrant not necessary

 An enforcement officer may exercise the powers referred to in paragraph 11(a) without a warrant issued under section 11.1 if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.

  • R.S., 1985, c. 31 (1st Supp.), s. 37

Marginal note:Exigent circumstances

 For the purposes of section 11.3, exigent circumstances include circumstances in which the delay necessary to obtain a warrant under section 11.1 would result in danger to human life or safety or the loss or destruction of evidence.

  • R.S., 1985, c. 31 (1st Supp.), s. 37

Marginal note:Obstruction of enforcement officer

 Where an enforcement officer is carrying out the duties and functions of an enforcement officer under this Act, no person shall

  • (a) fail to comply with any reasonable requirement or direction of the officer;

  • (b) knowingly make a false or misleading statement, either orally or in writing, to the officer; or

  • (c) otherwise obstruct or hinder the officer.

  • 1977-78, c. 30, s. 12

Charges

Marginal note:Debt due to Her Majesty

  •  (1) All charges prescribed by regulations made under this Act for the use of any scheduled harbour constitute a debt due to Her Majesty in right of Canada jointly and severally by the owner and any other person in charge of the vessel or goods in respect of which the charges are payable.

  • Marginal note:Other remedies available

    (2) Nothing in this Act prevents a debt payable under this Act from being recovered, together with all costs, from the debtor in any court of competent jurisdiction or the exercise against the debtor of any other right or remedy available at law.

  • 1977-78, c. 30, s. 13

Removal, Seizure, Detention and Sale

Marginal note:Obstruction of scheduled harbours

  •  (1) Where any vessel or goods are left or abandoned at any scheduled harbour and an enforcement officer believes on reasonable grounds that the vessel or goods impede, interfere with or render difficult or dangerous the use of the harbour, the officer may direct the person appearing to be in charge of the vessel or goods to remove the vessel or goods from the harbour to such place as the officer deems suitable.

  • Marginal note:Seizure and removal

    (2) If the person to whom a direction is given pursuant to subsection (1) fails to comply with the direction or if no person appears to be in charge of the vessel or goods, the enforcement officer may seize the vessel or goods and remove them to such place as the officer deems suitable, and the costs of the seizure and removal are recoverable in the same manner as a debt due to Her Majesty in right of Canada for charges under this Act.

  • R.S., 1985, c. F-24, s. 14
  • R.S., 1985, c. 31 (1st Supp.), s. 98

Marginal note:Seizure and detention

 Where an enforcement officer believes on reasonable grounds that

  • (a) any amount is due and payable under this Act for charges in respect of any vessel or goods, or

  • (b) any provision of this Act or the regulations relating to any vessel or goods has been contravened,

the officer may seize and detain the vessel or goods.

  • 1977-78, c. 30, s. 15

Marginal note:Application for order directing forfeiture

  •  (1) Where, at the time any vessel or goods are seized under this Act, no person appears to be in possession thereof or to have the right to the possession thereof, the Minister may apply to any court of competent jurisdiction for an order directing the forfeiture of the vessel or goods to Her Majesty in right of Canada.

  • Marginal note:Forfeiture granted

    (2) Where, on the hearing of an application made under subsection (1), the court is satisfied that no person appears to be in possession or to have the right to the possession of the vessel or goods seized, it may order the forfeiture thereof to Her Majesty in right of Canada and on such forfeiture the vessel or goods may be disposed of as the Minister directs.

  • Marginal note:Protection of persons claiming interest

    (3) Sections 74 to 77 of the Fisheries Act applies, with such modifications as the circumstances require, in respect of anything forfeited under subsection (2) as though it were an article forfeited under subsection 72(1) of that Act.

  • Marginal note:Forfeiture refused

    (4) Where, on the hearing of an application made under subsection (1), the court is not satisfied that the vessel or goods seized should be forfeited, it shall order the vessel or goods to be dealt with according to the other provisions of this Act and the regulations applicable thereto.

  • 1977-78, c. 30, s. 16

Marginal note:Sale of perishable goods

  •  (1) Where, in the opinion of the enforcement officer, any goods seized and detained under this Act are likely to rot, spoil or otherwise perish, the officer may sell or otherwise dispose of the goods in such manner and for such price as is reasonable in the circumstances.

  • Marginal note:Proceeds of sale

    (2) The proceeds of a sale or other disposition referred to in subsection (1) shall be paid to the Receiver General or deposited to the credit of the Receiver General in a bank.

  • 1977-78, c. 30, s. 17

Marginal note:Return of property seized

  •  (1) Subject to subsection (2), any vessel or goods seized under this Act and any proceeds of a sale or other disposition thereof made under section 17 shall be returned to the person from whom the vessel or goods were seized or to any other person entitled to the possession thereof after

    • (a) the provisions of this Act and the regulations that apply to the vessel or goods have, in the opinion of an enforcement officer, been complied with; or

    • (b) the expiration of twenty-one days from the day of the seizure, unless before that time an application for an order authorizing the sale of the vessel or goods has been made pursuant to section 19.

  • Marginal note:Restriction

    (2) Subsection (1) does not apply in respect of any vessel or goods forfeited pursuant to section 16.

  • 1977-78, c. 30, s. 18
 
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