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

Act current to 2020-07-28

Fishing and Recreational Harbours Act

R.S.C., 1985, c. F-24

An Act respecting the administration and development of certain fishing and recreational harbours in Canada

Short Title

Marginal note:Short title

 This Act may be cited as the Fishing and Recreational Harbours Act.

  • 1977-78, c. 30, s. 1

Interpretation

Marginal note:Definitions

 In this Act,

agency

agency, in relation to a province, includes

fishing or recreational harbour

fishing or recreational harbour means

  • (a) any harbour, wharf, pier, breakwater, slipway, marina or part thereof, together with machinery, works, land and structures related or attached thereto, and

  • (b) any other facility, installation, works or part thereof located on or adjacent to water

where accommodation or services are provided principally for fishing or recreational vessels or the occupants thereof; (port de pêche ou de plaisance)

goods

goods means tangible personal property other than vessels; (marchandises)

Minister

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

scheduled harbour

scheduled harbour means any fishing or recreational harbour or portion thereof included in a schedule prescribed by the regulations; (ports inscrits)

vessel

vessel includes every description of ship, boat, craft, floating home or other structure used or capable of being used solely or partly for aquatic navigation without regard to method or lack of propulsion. (bateau)

  • R.S., 1985, c. F-24, s. 2
  • R.S., 1985, c. 20 (2nd Supp.), s. 3
  • 1994, c. 35, s. 34

Marginal note:Application of Act

  •  (1) Nothing in this Act applies to

    • (a) any port, as defined in section 5 of the Canada Marine Act, or any harbour, works or property under the jurisdiction of a harbour commission established under an Act of Parliament; or

    • (b) any harbour, wharf, pier or breakwater under the control and management of any member of the Queen’s Privy Council for Canada other than the Minister.

  • Marginal note:Exemption

    (2) This Act does not affect any of the powers or duties of the Minister of Transport or the Minister of Public Works and Government Services under any other Act of Parliament or regulations made pursuant thereto.

  • R.S., 1985, c. F-24, s. 3
  • 1998, c. 10, s. 181
  • 1999, c. 31, s. 125

Powers of the Minister

Marginal note:Harbours under control of Minister

 The use, management and maintenance of every scheduled harbour, the enforcement of regulations relating thereto and the collection of charges for the use of every scheduled harbour are under the control and administration of the Minister.

  • 1977-78, c. 30, s. 4

Marginal note:Minister may undertake projects

  •  (1) The Minister may undertake projects for the acquisition, development, construction, improvement or repair of any scheduled harbour or any fishing or recreational harbour to which this Act applies.

  • Marginal note:Agreements with provinces

    (2) The Minister may, subject to the regulations, enter into an agreement with any province to provide for

    • (a) the undertaking jointly with the government of the province or any agency thereof of any project that the Minister is authorized to undertake under subsection (1); and

    • (b) the payment to the province of contributions or grants in respect of the cost or any part of the cost of any project that is undertaken by the government of the province or any agency thereof and that the Minister is authorized to undertake under subsection (1).

  • Marginal note:Agreements with persons

    (3) The Minister may, subject to the regulations, enter into an agreement with any person to provide for

    • (a) the undertaking jointly with that person of any project that the Minister is authorized to undertake under subsection (1); and

    • (b) the payment to that person of contributions or grants in respect of the cost or any part of the cost of any project that is undertaken by that person and that the Minister is authorized to undertake under subsection (1) and in respect of the cost of any planning studies and advisory services relating to any such project.

  • Marginal note:Studies

    (4) For the purpose of assisting the formulation and assessment of projects undertaken under subsection (1), the Minister may, subject to the regulations, undertake economic or other studies alone or jointly with the government of any province or agency thereof or with any person or educational institution.

  • 1977-78, c. 30, s. 5

Marginal note:Services of other departments

 The Minister shall, in carrying out any project or study under this Act, make use, wherever possible, of the services and facilities of other departments, boards or agencies of the Government of Canada.

  • 1977-78, c. 30, s. 6

Marginal note:Provisions to be included in agreements

 Every agreement entered into pursuant to subsection 5(2) or (3) shall specify

  • (a) the respective proportions of the cost of any project to which the agreement relates that shall be paid by the Minister and the province or person or the contributions or grants in respect of that project that shall be paid by the Minister, and the times at which those amounts to be paid by the Minister or the province or person shall be paid;

  • (b) the authority that shall be responsible for the undertaking, operation and maintenance of any project or any part thereof to which the agreement relates;

  • (c) the respective proportions of the revenues from any project to which the agreement relates that are to be paid to the Minister and the province or person; and

  • (d) the terms and conditions respecting the operation and maintenance of any project to which the agreement relates and the charges, if any, to be charged to persons to whom any of the benefits of the project are made available.

  • 1977-78, c. 30, s. 7

Marginal note:Leases, licences and agreements for use of scheduled harbours

 The Minister may, subject to the regulations,

  • (a) lease any scheduled harbour or any part thereof to any person;

  • (b) grant a licence to any person for the use of any scheduled harbour or any part thereof; and

  • (c) enter into an agreement with the government of any province or any agency thereof for the occupancy and use of any scheduled harbour or any part thereof.

  • 1977-78, c. 30, s. 8

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing schedules naming and delimiting or describing the fishing or recreational harbours or portions thereof belonging to Her Majesty in right of Canada that are under the control and administration of the Minister for the purposes of this Act;

  • (b) for the maintenance of order and the safety of persons and property at any scheduled harbour;

  • (c) not inconsistent with any other Act of Parliament or regulations made thereunder, for the control of mooring, berthing, loading and discharging of vessels at any scheduled harbour;

  • (d) not inconsistent with any other Act of Parliament or regulations made thereunder, for the control of pollution at any scheduled harbour;

  • (e) prescribing standards for the accommodation and services provided or to be provided at any scheduled harbour;

  • (f) prescribing charges for the use of any scheduled harbour;

  • (g) prescribing the duties or functions of persons appointed or designated under this Act or any other Act of Parliament to supervise or manage any fishing or recreational harbour to which this Act applies;

  • (h) governing inquiries into accidents and incidents held under section 26;

  • (i) prescribing terms and conditions of agreements entered into pursuant to subsection 5(2) or (3);

  • (j) prescribing the manner of undertaking economic or other studies pursuant to subsection 5(4);

  • (k) prescribing terms and conditions of leases, licences and agreements entered into or granted pursuant to section 8;

  • (l) prescribing the form of the tickets that may be issued pursuant to paragraph 25(1)(a);

  • (m) respecting the detention and safe-keeping of vessels and goods seized under this Act and the payment of any reasonable costs incidental thereto;

  • (n) prescribing the manner of disposing of anything forfeited under this Act; and

  • (o) generally for carrying out the purposes and provisions of this Act.

  • 1977-78, c. 30, s. 9
  • 1980-81-82-83, c. 47, s. 53(F)
  • 1984, c. 40, s. 30
 
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