Fishing and Recreational Harbours Act (R.S.C., 1985, c. F-24)
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Act current to 2013-04-29
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.
- 1977-78, c. 30, s. 10.
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.
- R.S., 1985, c. F-24, s. 11;
- R.S., 1985, c. 31 (1st Supp.), s. 36.
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.
- R.S., 1985, c. 31 (1st Supp.), s. 37.
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