The Canada Shipping Act mentions looking for safety equipment/meeting requirements of the pleasure craft so stuff like anchor, having enough life jackets and so on. It also mentions the person on the vessel must answer the questions. Noted by:
Inspections
(4) In carrying out an inspection, a marine safety inspector or, subject to any limitations set out under subsection 12(2) in their certificate of authorization, a person, classification society or other organization authorized to carry out inspections may
(a) direct any person to answer reasonable questions, provide reasonable assistance or put into operation or cease operating any machinery or equipment being inspected;
So from that it, at least seems, that if an officer says do you have lifejackets on board..."yes I do officer", "okay can you open the bin for me". Then they get to check. I suppose they can word the question in a way that would allow them to open anything as well.
I suppose as well if an individual is getting antsy or argumentative with having the officer on board it could be construed as strange behavior and thus warrants search. I am not sure though.
Officers are covered by more than just the Canada Shipping Act. I looked for Fish and Wildlife officers for example and found this info. It seems officers, of varying types, are covered quite well by Canadian and Provincial Laws.
https://www.solgps.alberta.ca/PROGRA...eOfficers.aspx
This is from the Fisheries Act
I just copied the inspection portion.
POWERS OF FISHERY OFFICERS AND
FISHERY GUARDIANS
Inspection 49. (1) Subject to subsection (2), for the
purpose of ensuring compliance with this Act
and the regulations, a fishery officer or fishery
guardian may enter and inspect any place, including
any premises, vessel or vehicle, in
which the officer or guardian believes on reasonable
grounds there is any work or undertaking
or any fish or other thing in respect of
which this Act or the regulations apply and
may
(a) open any container that the officer or
guardian believes on reasonable grounds
contains any fish or other thing in respect of
which this Act or the regulations apply;
(b) examine any fish or other thing that the
officer or guardian finds and take samples of
it;
(c) conduct any tests or analyses and take
any measurements; and
(d) require any person to produce for examination
or copying any records, books of account
or other documents that the officer or
guardian believes on reasonable grounds
contain information that is relevant to the administration
of this Act or the regulations.
Operation of
data processing
systems and
copying
equipment
(1.1) In carrying out an inspection of a place
under subsection (1), a fishery officer or fishery
guardian may,
(a) use or cause to be used any data processing
system at the place to examine any data
contained in or available to the data processing
system;
(b) reproduce any record or cause it to be reproduced
from the data in the form of a
print-out or other intelligible output and remove
the print-out or other output for examination
or copying; and
(c) use or cause to be used any copying
equipment at the place to make copies of any
record, book of account or other document.
Duty to assist (1.2) The owner or person in charge of a
place that is inspected by a fishery officer or
fishery guardian under subsection (1) and every
person found in the place shall
(a) give the officer or guardian all reasonable
assistance to enable the officer or
guardian to carry out the inspection and exercise
any power conferred by this section; and
Obligation
(b) provide the officer or guardian with any
information relevant to the administration of
this Act or the regulations that the officer or
guardian may reasonably require.
Disposition of
samples
(1.3) A fishery officer or fishery guardian
who takes a sample under paragraph (1)(b) may
dispose of it in any manner that the officer or
guardian considers appropriate.
Warrant required
to enter
dwelling-house
(2) Where any place, premises, vessel or vehicle
referred to in subsection (1) is a dwellinghouse,
a fishery officer or fishery guardian may
not enter that dwelling-house without the consent
of the occupant except under the authority
of a warrant issued under subsection (3).
Authority to
issue warrant
(3) Where on ex parte application a justice
of the peace is satisfied by information on oath
(a) that the conditions for entry described in
subsection (1) exist in relation to a dwellinghouse,
(b) that entry to the dwelling-house is necessary
for any purpose relating to the administration
or enforcement of this Act, and
(c) that entry to the dwelling-house has been
refused or that there are reasonable grounds
for believing that entry thereto will be refused,
the justice of the peace may issue a warrant under
his hand authorizing the fishery officer or
fishery guardian named therein to enter that
dwelling-house subject to such conditions as
may be specified in the warrant.
(4) [Repealed, 1991, c. 1, s. 13]
R.S., 1985, c. F-14, s. 49; R.S., 1985, c. 31 (1st Supp.), s.
35; 1991, c. 1, s. 13.
Search 49.1 (1) A fishery officer with a warrant issued
under subsection (2) may enter and search
any place, including any premises, vessel or vehicle,
in which the officer believes on reasonable
grounds there is
(a) any work or undertaking that is being or
has been carried on in contravention of this
Act or the regulations;
(b) any fish or other thing by means of or in
relation to which this Act or the regulations
have been contravened; or
(c) any fish or other thing that will afford
evidence in respect of a contravention of this
Act or the regulations.
Authority to
issue warrant
(2) 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 place referred to in subsection
(1) any fish or other thing referred to in subsection
(1), the justice may issue a warrant authorizing
the fishery officer named in the warrant
to enter and search the place for the thing subject
to any conditions that may be specified in
the warrant.
Where warrant
not necessary
(3) Notwithstanding subsection (1), a fishery
officer may exercise the power of search referred
to in that subsection without a warrant
issued under subsection (2) if the conditions for
obtaining the warrant exist but by reason of exigent
circumstances it would not be practical to
obtain the warrant.
Exigent
circumstances
(4) For the purposes of subsection (3), exigent
circumstances include circumstances in
which the delay necessary to obtain the warrant
would result in danger to human life or safety
or the loss or destruction of evidence.
Powers during
search
(5) In carrying out a search of a place under
this section, a fishery officer may exercise any
power mentioned in subsection 49(1), (1.1) or
(1.3).
R.S., 1985, c. 31 (1st Supp.), s. 35; 1991, c. 1, s. 14.
Arrest
50. Any fishery officer, fishery guardian or
peace officer may arrest without warrant a person
who that fishery officer, guardian or peace
officer believes, on reasonable grounds, has
committed an offence against this Act or any of
the regulations, or whom he finds committing
or preparing to commit an offence against this
Act or any of the regulations.
R.S., c. F-14, s. 36.
Seizure of
fishing vessel,
etc.
51. A fishery officer or fishery guardian
may seize any fishing vessel, vehicle, fish or
other thing that the officer or guardian believes
on reasonable grounds was obtained by or used
in the commission of an offence under this Act
or will afford evidence of an offence under this
Act, including any fish that the officer or
guardian believes on reasonable grounds
(a) was caught, killed, processed, transported,
purchased, sold or possessed in contravention
of this Act or the regulations; or
Fisheries — June 9, 2015
40
(b) has been intermixed with fish referred to
in paragraph (a).
R.S., 1985, c. F-14, s. 51; 1991, c. 1, s. 15.
Entry by fishery
officer
52. In the discharge of his duties, any fishery
officer, fishery guardian or other person accompanying
him or authorized to such effect by
the fishery officer may enter on and pass
through or over private property without being
liable for trespass.
R.S., c. F-14, s. 39.
Disputes
53. Disputes between persons relating to
fishing limits or claims to fishery stations, or
relating to the position and use of nets and other
fishing apparatus, shall be settled by the local
fishery officer.
R.S., c. F-14, s. 40.
Distances
between
fisheries
54. Fishery officers may determine or prescribe
the distance between each and every
fishery and shall forthwith remove any fishing
apparatus or materials that the owner neglects
or refuses to remove, and the owner is liable for
a contravention of this Act and for the cost of
removing the apparatus and materials and any
damages that may result therefrom.
R.S., c. F-14, s. 41.
Boundaries of
estuary fishing
55. The Minister, or any fishery officer duly
authorized by the Minister, has power to define
the boundaries of tidal waters and estuaries and
to designate what is the mouth of any river,
stream or other water for the purposes of this
Act.
I get confused with legal jargon but from what I understand they can search. What I also understand is they cannot enter the "dwelling-house", so I guess if you have a sailboat or big yacht type deal (I guess?) they cannot enter the living quarters. Again, legal jargon is not my thing I just enjoy researching material so maybe someone else could decipher it further.
Kim
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