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

Regulations are current to 2019-11-19 and last amended on 2011-02-10. Previous Versions

Mooring Vessels (continued)

 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.

 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.

 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.

 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

[SOR/87-99, s. 1]

 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, or

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

  • SOR/81-469, s. 1

 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.

  •  (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.

  • SOR/81-469, s. 2
  • SOR/87-99, s. 2
  • SOR/2002-381, s. 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.

  • SOR/87-673, s. 1

 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.

  • SOR/81-469, s. 3

 [Repealed, SOR/81-469, s. 3]

Ticket Offences

  •  (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).

  • SOR/81-229, s. 1
 
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