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

Act current to 2013-05-20

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.