CHAPTER 108. An Act respecting Public Ferries. SHORT TITLE. 1. This Act may be cited as the Ferries Act. INTERPRETATION. 2. In this Act, unless the context otherwise requires,- (c) Minister' means the Minister of Inland Revenue. R.S., c. 97, s. 1. APPLICATION. Short title. Definitions. certain vessels, bridges to apply to and rail ways. 3. Nothing in this Act shall extend to the owner or master This Act not of any vessel plying between two ports in Canada or regularly entered or cleared by the officers of His Majesty's Customs at any such port, or shall, in any way, affect any privilege in respect to ferries granted previously to the first day of March, one thousand eight hundred and eighty-seven, to the proprietor of any bridge or to any railway or other company by the Parliament of Canada, or by the legislature of any of the provinces then composing Canada, before such province became a part of Canada. R.S., c. 97, s. 11. LICENSES. be under 4. Every license of ferry shall be under the Great Seal and Licenses to shall be issued by the Governor in Council. R.S., c. 97, s. 2; Great Seal. 51 V., c. 23, s. 1. 5. Whenever any fer, other than a ferry between Canada Licenses to and any other country, is established or becomes vacant the be granted only after Minister shall offer the license or renewal of license for such competition. ferry to public competition, and for that purpose give notice in the English and French languages in the Canada Gazette, and in one or more newspapers published or circulated in the locality in which the ferry is situate, of the time and place at Report by Ferry between which tenders will be received for the license, or renewal of license, for such ferry. 2. The Minister shall report the result of such competition to the Governor in Council, and the license, or renewal thereof, shall be granted accordingly. R.S., c. 97, s. 3; 51 V., c. 23, s. 2. 6. In the case of a ferry between Canada and any other Canada and country, the Governor in Council may authorize a ferry license to be granted, or to be renewed, for any period not exceeding ten years, as the exigencies of the case require. another country. Liable to for violating 2. Every such license shall be liable to cancellation for any cancellation violation of the Customs laws of Canada, or of the country the Customs between which and Canada the ferry is established, 'and for any violation of the regulations made by the Governor in Council, as hereinafter provided. laws.. Ferry between two provinces. 3. In the case of a ferry between any two provinces, a ferry license may be granted, after public competition as herein before provided, for any period not exceeding five years: Provided that the Governor in Council, if he is satisfied that the regulations hereinafter mentioned have been complied with and the public requirements met, may in any case, without calling for tenders as aforesaid, authorize the extension of the license for an additional period of five years, upon such terms as are set forth in the order in council. 51 V., c. 23, s. 3. Governor in REGULATIONS. 7. The Governor in Council may, from time to time, make Council may such regulations as he deems expedient, for any of the following purposes, that is to say: make regulations. Extent of ferries. Conditions. Vessels to be used. Tolls. Enforcing payment. (a) Establishing the extent and limit of all, or any such (b) Defining the manner in which, the conditions, including (d) Fixing the tolls or rates at which persons and chattels (e) Enforcing the payment of such tolls or rates, by the persons carried, or for whom chattels are carried, over such ferries; (f) Regulating the conduct of persons holding licenses in Conducting respect of such ferries, and fixing the times and hours and ferries. parts of hours during and at which vessels employed on such ferries shall cross and recross or depart from either side of any such ferry for that purpose; (g) Annulling and declaring the forfeiture of any ferry Forfeiture license, in consequence of the conditions thereof, or any of of license. them, not having been fulfilled, or in consequence of such license having been obtained by fraud or misrepresentation or through error; (h) Imposing penalties, not exceeding ten dollars in any Penalties. case, for the violation of any such regulation. 2. All such regulations shall, during the time for which they Force of law. are intended to be in force, have the same force and effect as if contained in and enacted by this Act. R.S., c. 97, s. 5. lished in 8. The Minister shall cause all such regulations to be pub- Regulations lished in the English and French languages, in the Canada to be pubGazette, at least three times during the three months following English and the date thereof. R.S., c. 97, s. 6. INQUIRIES. French. inquiries. 9. Whenever reasonable grounds are shown to the Minister, Minister he may, either himself or by any person specially appointed by may make him for that purpose, make inquiry under oath, as to any matter connected with any ferry or ferry license. purpose. 2. The Minister or such person shall have the same power as Powers is vested in any court of justice in civil cases, of summoning for that witnesses, of enforcing their attendance, and of requiring and compelling them to give evidence on oath, whether orally or in writing, and to produce such document and things as he deems requisite to the full investigation of such matter. R.S., c. 97, s. 7. PENALTIES. 10. Every person who interferes with the rights of any For interfer licensed ferryman, by conveying passengers or goods, for hire ing with ferry rights. or profit or with the intention to lessen the tolls or revenue of any ferry, within the limits assigned to such ferryman by the Crown, shall, upon conviction thereof before a justice of the peace for the county, city or district in which either terminus of the ferry is situate, incur a penalty not exceeding twenty dollars. R.S., c. 97, s. 8. APPROPRIATION OF PENALTIES AND LICENSE FEES. 11. All fines or penalties imposed by this Act, or by any Recovery regulations under the authority thereof, shall be recoverable in of fines and a summary manner before any one justice of the peace. 1791 2. penalties. Payment of penalties. Application of moneys. 2. One moiety of every such penalty shall be paid to the informer, and the other moiety shall belong to the Crown. R.S., c. 97, s. 9. 12. All moneys arising out of such ferry licenses, and out of fines and penalties incurred in regard to the same, or otherwise, under this Act, shall form part of the Consolidated Revenue Fund of Canada. R.S., c. 97, s. 10. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 1792 |