Fishing and Recreational Harbours Regulations (SOR/78-767)

1 [Repealed, SOR/2011-40, s. 2]

Interpretation

2 In these Regulations,

Act

Act means the Fishing and Recreational Harbours Act; (loi)

berthage

berthage means a charge for the occupation by a vessel of a berth or other space at a harbour; (droit d’amarrage)

enforcement officer

enforcement officer means a person designated as such pursuant to section 10 of the Act; (agent d’exécution)

floating home

floating home[Repealed, SOR/98-387, s. 1]

harbour

harbour means a scheduled harbour; (port)

harbour manager

harbour manager means a person appointed under section 27 of the Act or under any other Act of Parliament to manage a harbour; (responsable du port)

harbour property

harbour property means any real property at a harbour, including marine facilities; (propriété portuaire)

lease

lease means a lease referred to in section 8 of the Act; (bail)

length

length means

• (a) in the case of a commercial fishing vessel, the length shown in the fishing vessel registration of that vessel, and

• (b) in the case of a recreational or other vessel, the horizontal distance measured between perpendiculars erected at the extreme ends of the vessel; (longueur)

licence

licence means a licence referred to in section 8 of the Act; (permis)

owner

owner means,

• (a) in the case of a vessel, the master, operator or person in charge of the vessel, and

• (b) in the case of goods, the agent, consignor, consignee or carrier of the goods; (propriétaire)

wharfage

wharfage means a charge for placing goods on a wharf or for loading goods on or unloading goods from a vessel at a wharf. (droit de quayage)

3 For the purposes of the definition scheduled harbour in section 2 of the Act, the harbours set out in Schedule I are fishing or recreational harbours.

Application

4 These Regulations apply to every scheduled harbour.

Leases and Licences

5 No lease or licence shall be for any term exceeding 20 years except with the approval of the Governor in Council.

6 No lease or licence of a harbour or any part of a harbour shall be granted except on terms and conditions that ensure access by the public to the harbour.

• 7 (1) No person shall erect, maintain or occupy a building, structure or other work at a scheduled harbour except under a lease or licence.

• (2) No person shall, except with the permission in writing of the harbour manager, install electric power lines, water supply lines or drainage pipes on harbour property.

7.1 No person shall berth, in a harbour, a vessel to be used as a residence unless there is an authorization to berth the vessel in that harbour under a lease or licence.

General

• 8 (1) No person shall bring dangerous, explosive or combustible goods on harbour property unless the goods are required for the ordinary purposes of a vessel in a harbour and prior notice has been given to the harbour manager of the proposed location of the goods and of the manner in which they will be handled and dealt with.

• (2) Where the harbour manager has reasonable grounds to believe that the safety of the harbour or of the public may be endangered by the proposed location of any dangerous, explosive or combustible goods on harbour property or by the manner in which such goods are to be handled or dealt with on harbour property, he shall prohibit the goods from being brought on the harbour property or being so handled or dealt with, as the case may be.

• (3) No person shall bring on harbour property goods the entry of which has been prohibited pursuant to subsection (2) or handle or deal with goods in a manner that has been prohibited pursuant to that subsection.

9 No person shall, in a harbour,

• (a) have an open fire on a vessel, or

• (b) berth a vessel that, because of its size or dangerous condition, may endanger or damage the harbour facilities or other vessels;

without the approval of the harbour manager.

10 Where harbour property is damaged in any manner by a vessel or vehicle, or by the use of machinery or equipment, the damage shall be reported forthwith to the harbour manager by the master or other person in charge of the vessel or the operator of the vehicle, or the person who was in charge of the machinery or equipment at the time the damage occurred.

11 No person shall remove, damage or destroy any notice posted at a harbour by the Minister.

12 [Repealed, SOR/80-498, s. 4]

13 No person shall obstruct or impede in any way the docking or undocking of any vessel in a harbour.

14 Where a harbour manager has directed orally or by notice in writing the place where, the manner in which and the time when a vessel is to be berthed, moored, moved, loaded or unloaded, no person shall berth, moor, move, load or unload a vessel except as so directed.

15 [Repealed, SOR/98-387, s. 4]

16 No person shall, on harbour property, without the approval of the harbour manager

• (a) engage in equipment or machinery tests that are likely to endanger harbour property or vessels or persons in the harbour; or

• (b) engage in repairs to the hull, machinery, tackle or gear of a vessel beyond normal routine maintenance.

Mooring Vessels

17 No person shall permit the lines of a vessel that is berthed or moored at a harbour to be made fast to anything other than the facilities provided for berthing or mooring or permit such lines to lie across any wharf or across any channel in such a manner as to obstruct or interfere with any other vessel, vehicle or person.

18 Where a vessel is moored in a harbour, the master or person in charge shall, where necessary, permit another vessel to move alongside and make fast to it.

19 Where two or more vessels are lying at the same wharf, one vessel outside the other, and the vessel on the outside does not have a gangway extending to the wharf, the person in charge of the vessel lying nearer to the wharf shall allow persons on the vessel farther from the wharf free and unencumbered passage over its deck.

• 20 (1) Where a vessel is made fast to or secured alongside another vessel, one vessel outside the other,

  • (a) the lines of the vessel that is so made fast or secured shall not, except in an emergency, be cut or cast off by any person unless that person gives notice of his intention to do so to the master or person in charge of that vessel; and

  • (b) the master or person in charge of the inside vessel, when ready to leave harbour, may move any outside vessel if the owner or persons in charge of any such vessel cannot be located.

• (2) Where a person moves a vessel pursuant to paragraph (1)(b), that person shall resecure any vessel that has been so moved.

• 21 (1) Where goods or articles fall overboard from a vessel, the master or person in charge of the vessel shall make every reasonable effort to recover those goods or articles.

• (2) Where the master or person in charge referred to in subsection (1) is unable to recover any goods or articles referred to therein, he shall report such failure to the harbour manager.

22 No person shall start a fire on harbour property except at such time and in such place and manner as is authorized by the harbour manager.

23 No person shall interfere with fire-fighting equipment on a wharf or other harbour property or use such equipment for any purpose except fighting fires.

24 No person shall supply to, receive into or discharge from a vessel in a harbour or vehicle on harbour property any gasoline or other fuel or oil except at such location, in such manner and at such time as is authorized by the harbour manager.

25 No person shall dispose of garbage, sewage or wastes at a harbour except in a place especially provided therefor or as directed by the harbour manager.

Berthage, Wharfage and Other Charges

26 No berthage is payable in respect of

• (a) any vessel, not engaged in trade, that is owned by Her Majesty in right of Canada or of any province or by the government of any country other than Canada; or

• (b) any commercial fishing vessel of

  • (i) less than 13.5 m in length, at a harbour in the Provinces of Quebec, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador, or

  • (ii) any length at a harbour in the Provinces of Alberta, Saskatchewan and Manitoba, in the Yukon Territory or in the Northwest Territories.

27 No wharfage is payable in respect of

• (a) any goods loaded on or unloaded from a vessel in respect of which berthage is not payable;

• (b) any motor vehicle embarking on or disembarking from a ferry; or

• (c) any goods carried on a motor vehicle embarking on or disembarking from a ferry.

• 28 (1) The charges for berthage of a Canadian commercial fishing vessel and for wharfage are set out in Schedules II and III respectively.

• (2) The charges for storage on harbour property are set out in Schedule IV.

• (3) Unused portions of prepaid berthage charges will be refunded after settlement at the daily rates.

28.1 Sections 26 to 28 do not apply with respect to any harbour or portion thereof that, pursuant to section 8 of the Act, is the subject of a lease to any person or an agreement with the government of any province or any agency thereof for the occupancy and use of that harbour or portion thereof where the person, the government or the agency is designated as a harbour authority in the lease or the agreement.

29 No person who is the owner or operator of a vessel shall permit the vessel to leave a harbour until all charges payable in respect of the vessel have been paid.

30 [Repealed, SOR/81-469, s. 3]

Ticket Offences

• 31 (1) Each offence described in those sections of the Regulations specified in column I of Schedule V is hereby designated an offence for the purposes of section 25 of the Act.

• (2) Notwithstanding the provisions of the Criminal Code, any enforcement officer who believes on reasonable and probable grounds that a person has committed an offence referred to in subsection (1) may lay an information and issue and serve a summons by completing a ticket in the form prescribed by subsection (5), affixing his signature thereto and

  • (a) delivering the summons to the person at the time the alleged offence is alleged to have been committed; or

  • (b) mailing the summons to the latest known address of the person.

• (3) A person on whom a summons has been served as described in subsection (2) may, at any time prior to the expiration of the time specified in the summons, voluntarily enter a plea of guilty by

  • (a) completing the “Plea of Guilty” portion of the summons and affixing his signature thereto; and

  • (b) delivering or mailing the summons, together with a certified cheque or money order in the amount of the fine specified in the summons, to the court indicated therein.

• (4) The fine for an offence described in a section of the Regulations specified in Column I of an item of Schedule V is the amount set out opposite that section in Column II, III or IV, whichever is appropriate.

• (5) The forms of tickets set out in Parts I to X of Schedule VI in respect of the provinces specified in those Parts are hereby prescribed as the forms referred to in subsection (2).

SCHEDULE IV(Section 28)

Item	Description	Charge
1	Open storage charges for goods on harbour property, per square metre, per day	$0.12
2	Minimum charge for storage, per day	2.00
3	[Repealed, SOR/97-87, s. 5]
4	[Repealed, SOR/95-180, s. 4]

• SOR/81-469, s. 6
• SOR/87-99, s. 3
• SOR/95-180, s. 4
• SOR/97-87, s. 5
• SOR/2002-381, s. 3