Ice Fishing Hut Regulations



PART IV
WATER

Ice shelters

24.  (1)  In this section,

“ice shelter” means any structure that is located on or over ice over any water for more than one day and that is or may be used for shelter, privacy or the storage or sale of any thing; (“abri sur glace”)

“owner”, when used in relation to an ice shelter, includes a person who has the right to use or occupy the ice shelter; (“propriétaire”)

“waste” means human excrement or any refuse that is discharged or deposited in or from an ice shelter. (“déchets”) R.S.O. 1990, c. E.19, s. 24 (1).

Discharge of waste prohibited

(2)  No person shall discharge or cause or permit the discharge of any waste on ice over any water except in accordance with the regulations. R.S.O. 1990, c. E.19, s. 24 (2).

Removal of ice shelter by provincial officer

(3)  Except as provided in subsection (4), where an ice shelter is placed or allowed to remain on ice over any water in contravention of the regulations, a provincial officer may remove the ice shelter or cause it to be removed,

(a) where the provincial officer is able to determine the name and address of the owner, after service of notice upon the owner at least seven days before the date of the removal; or

(b) where the provincial officer is unable to determine the name and address of the owner, forthwith. R.S.O. 1990, c. E.19, s. 24 (3).

Idem, out of season

(4)  Where an ice shelter is placed or allowed to remain on ice over any water beyond the dates prescribed by the regulations within which ice shelters may be placed, allowed to remain or used on or over ice over any water, a provincial officer may remove the ice shelter or cause it to be removed without serving prior notice upon the owner, but where the provincial officer is able to determine the name and address of the owner, notice of the removal shall be served upon the owner forthwith after the removal. R.S.O. 1990, c. E.19, s. 24 (4).

Where owner may retake possession of ice shelter

(5)  Except where an ice shelter has been destroyed in the course of removal, the owner of an ice shelter that has been removed pursuant to subsection (3) or (4) may take possession of the ice shelter within thirty days of the removal or of service of the notice mentioned in subsection (3), whichever is later, or within thirty days after service of the notice mentioned in subsection (4), as the case requires, upon payment to the Minister of Finance of the costs and charges for removal and storage of the ice shelter. R.S.O. 1990, c. E.19, s. 24 (5); 2001, c. 9, Sched. G, s. 5 (22).

Where provincial officer may dispose of ice shelter

(6)  Where the owner of an ice shelter that has been removed pursuant to subsection (3) or (4) does not take possession of the ice shelter pursuant to subsection (5),

(a) a provincial officer may dispose of the ice shelter without compensation therefor; and

(b) the owner is divested of ownership of the ice shelter and, where the ice shelter is disposed of to any person, such person shall acquire ownership of the ice shelter free from any right, title or interest of any other person. R.S.O. 1990, c. E.19, s. 24 (6).

Notice

(7)  A notice under subsection (3) or (4) shall be in such form as the regulations may prescribe and shall state that the owner may take possession of the ice shelter pursuant to subsection (5) and that, if such owner does not so take possession, the ice shelter may be disposed of without compensation therefor and, where the ice shelter has been removed or caused to be removed pursuant to subsection (4) and has been damaged or destroyed in the course of the removal, the notice shall state the condition of the ice shelter. R.S.O. 1990, c. E.19, s. 24 (7).

Means of removal

(8)  A provincial officer shall use due care in removing an ice shelter pursuant to subsection (3) or (4) but may use a means of removal that causes damage to or the destruction of the ice shelter if the use of the means of removal is necessary in order to carry out the removal. R.S.O. 1990, c. E.19, s. 24 (8).

Damage or destruction during removal

(9)  Where an ice shelter is removed pursuant to subsection (3) or (4) and the means of removal that is necessary in the circumstances results in damage to or the destruction of the ice shelter, the owner of the ice shelter is not entitled to compensation for the damage or destruction. R.S.O. 1990, c. E.19, s. 24 (9).

Ċ
L Noble,
Apr 2, 2013, 1:29 PM
Comments