GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fisheries Improvement Loans Act — F-22 11
False statements or misuse of loan 11 (1) Every person who (a) makes in an application for a guaranteed loan a statement that is false in any material respect, (b) uses the proceeds of a guaranteed loan for a purpose other than that stated in his application, or (c) while indebted to a lender under a guaranteed loan, without the consent in writing of the lender, encumbers or disposes of any property in respect of which the proceeds of the loan were expended, is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars. Penalty (2) Where a person is convicted of an offence under subsection (1), there shall be imposed on that person, in addition to any fine, a penalty equal to such amount of the guaranteed loan made to that person in respect of which the offence was committed as has not been repaid by him, with interest thereon to the date of payment of the penalty. Payment to lender or Receiver General (3) The penalty referred to in subsection (2) shall be paid to the lender by which the guaranteed loan was made, or, if payment has been made by the Minister to that lender in respect of the guaranteed loan, to the Receiver General, and the payment of the penalty to the lender or the Receiver General under this section discharges the liability of the person so convicted to pay the loan. R.S., c. F-22, s. 9
Fisheries Improvement Loans Act — F-22 12
Minister subrogated in lender’s rights 12 (1) Where under this Act the Minister has paid to a lender the amount of any loss sustained by the lender as a result of a guaranteed loan, the lender shall execute a receipt in favour of the Minister in prescribed form and the Minister is thereupon subrogated in all rights of the lender in respect of the loan. Idem (2) Without limiting the generality of subsection (1), the subrogation mentioned in that subsection vests in the Minister all rights and powers of the lender in respect of the guaranteed loan, of any judgment concerning the loan obtained by the lender and of any security taken by the lender for the repayment of the loan, and the Minister is entitled to exercise all the rights, powers and privileges that the lender had or might exercise in respect of the loan, judgment or security, including the right to commence or continue any action or proceeding, to execute any release, transfer, sale or assignment or in any way to collect, realize or enforce the loan, judgment or security. Receipt evidence of payment (3) Any document purporting to be a receipt in prescribed form and purporting to be signed on behalf of the lender is evidence of the payment by the Minister to the lender under this Act in respect of the guaranteed loan therein mentioned and of the execution of that document on behalf of the lender. R.S., c. F-22, s. 10
Fisheries Improvement Loans Act — F-22 13
Payment out of C.R.F. 13 The Minister may pay any amount payable to a lender under this Act out of the Consolidated Revenue Fund. R.S., c. F-22, s. 11
Fisheries Improvement Loans Act — F-22 14
Annual report 14 (1) The Minister shall, as soon as possible after the termination of each fiscal year, and in any event within three months thereafter, prepare a report with regard to the administration of this Act during that fiscal year. Report to be laid before Parliament (2) The Minister shall lay before Parliament the report prepared under subsection (1) within fifteen days after it is prepared or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. R.S., c. F-22, s. 12
Fishing and Recreational Harbours Act — F-24 1
Short title 1 This Act may be cited as the Fishing and Recreational Harbours Act . 1977-78, c. 30, s. 1
Fishing and Recreational Harbours Act — F-24 2
Definitions 2 In this Act, agency , in relation to a province, includes (a) any incorporated or unincorporated city, town, municipality, village, township, rural municipality, regional district administration or local improvement district administration, (b) any council of a band within the meaning of the Indian Act , (c) the Council , as defined in subsection 2(1) of the shíshálh Nation Self-Government Act , and (d) a first nation named in Schedule II to the Yukon First Nations Self-Government Act ; ( organisme ) 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 means tangible personal property other than vessels; ( marchandises ) 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 means any fishing or recreational harbour or portion thereof included in a schedule prescribed by the regulations; ( ports inscrits ) 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 2022, c. 9, s. 42
Fishing and Recreational Harbours Act — F-24 (a)
agency , in relation to a province, includes (a) any incorporated or unincorporated city, town, municipality, village, township, rural municipality, regional district administration or local improvement district administration, (b) any council of a band within the meaning of the Indian Act , (c) the Council , as defined in subsection 2(1) of the shíshálh Nation Self-Government Act , and (d) a first nation named in Schedule II to the Yukon First Nations Self-Government Act ; ( organisme )
Fishing and Recreational Harbours Act — F-24 (a)
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 )
Fishing and Recreational Harbours Act — F-24
goods means tangible personal property other than vessels; ( marchandises )
Fishing and Recreational Harbours Act — F-24
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 )
Fishing and Recreational Harbours Act — F-24
scheduled harbour means any fishing or recreational harbour or portion thereof included in a schedule prescribed by the regulations; ( ports inscrits )
Fishing and Recreational Harbours Act — F-24
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 )
Fishing and Recreational Harbours Act — F-24 3
Application of Act 3 (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. 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
Fishing and Recreational Harbours Act — F-24 4
Harbours under control of Minister 4 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
Fishing and Recreational Harbours Act — F-24 5
Minister may undertake projects 5 (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. 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). 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. 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
Fishing and Recreational Harbours Act — F-24 6
Services of other departments 6 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
Fishing and Recreational Harbours Act — F-24 7
Provisions to be included in agreements 7 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
Fishing and Recreational Harbours Act — F-24 8
Leases, licences and agreements for use of scheduled harbours 8 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
Fishing and Recreational Harbours Act — F-24 9
Regulations 9 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
Fishing and Recreational Harbours Act — F-24 10
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. 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
Fishing and Recreational Harbours Act — F-24 11
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
Fishing and Recreational Harbours Act — F-24 11.1
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
Fishing and Recreational Harbours Act — F-24 11.2
Use of force 11.2 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
Fishing and Recreational Harbours Act — F-24 11.3
Where warrant not necessary 11.3 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
Fishing and Recreational Harbours Act — F-24 11.4
Exigent circumstances 11.4 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
Fishing and Recreational Harbours Act — F-24 12
Obstruction of enforcement officer 12 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
Fishing and Recreational Harbours Act — F-24 13
Debt due to Her Majesty 13 (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. 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
Fishing and Recreational Harbours Act — F-24 14
Obstruction of scheduled harbours 14 (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. 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
Fishing and Recreational Harbours Act — F-24 15
Seizure and detention 15 Where an enforcement officer believes on reasonable grounds that (a) any amount is due and payable under this Act for charges in respect of any vessel or goods, or (b) any provision of this Act or the regulations relating to any vessel or goods has been contravened, the officer may seize and detain the vessel or goods. 1977-78, c. 30, s. 15
Fishing and Recreational Harbours Act — F-24 16
Application for order directing forfeiture 16 (1) Where, at the time any vessel or goods are seized under this Act, no person appears to be in possession thereof or to have the right to the possession thereof, the Minister may apply to any court of competent jurisdiction for an order directing the forfeiture of the vessel or goods to Her Majesty in right of Canada. Forfeiture granted (2) Where, on the hearing of an application made under subsection (1), the court is satisfied that no person appears to be in possession or to have the right to the possession of the vessel or goods seized, it may order the forfeiture thereof to Her Majesty in right of Canada and on such forfeiture the vessel or goods may be disposed of as the Minister directs. Protection of persons claiming interest (3) Sections 74 to 77 of the Fisheries Act applies, with such modifications as the circumstances require, in respect of anything forfeited under subsection (2) as though it were an article forfeited under subsection 72(1) of that Act. Forfeiture refused (4) Where, on the hearing of an application made under subsection (1), the court is not satisfied that the vessel or goods seized should be forfeited, it shall order the vessel or goods to be dealt with according to the other provisions of this Act and the regulations applicable thereto. 1977-78, c. 30, s. 16
Fishing and Recreational Harbours Act — F-24 17
Sale of perishable goods 17 (1) Where, in the opinion of the enforcement officer, any goods seized and detained under this Act are likely to rot, spoil or otherwise perish, the officer may sell or otherwise dispose of the goods in such manner and for such price as is reasonable in the circumstances. Proceeds of sale (2) The proceeds of a sale or other disposition referred to in subsection (1) shall be paid to the Receiver General or deposited to the credit of the Receiver General in a bank. 1977-78, c. 30, s. 17
Fishing and Recreational Harbours Act — F-24 18
Return of property seized 18 (1) Subject to subsection (2), any vessel or goods seized under this Act and any proceeds of a sale or other disposition thereof made under section 17 shall be returned to the person from whom the vessel or goods were seized or to any other person entitled to the possession thereof after (a) the provisions of this Act and the regulations that apply to the vessel or goods have, in the opinion of an enforcement officer, been complied with; or (b) the expiration of twenty-one days from the day of the seizure, unless before that time an application for an order authorizing the sale of the vessel or goods has been made pursuant to section 19. Restriction (2) Subsection (1) does not apply in respect of any vessel or goods forfeited pursuant to section 16. 1977-78, c. 30, s. 18