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 Post subject: Re: you might want to know about this guy
PostPosted: Sat May 22, 2010 9:42 pm 
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Fish God

Joined: Tue Jul 21, 2009 12:23 pm
Posts: 566
Cheers All,

Why would anyone 'blame me' for what the regulations state and the law requires? I did not make the act and rambling rants do nothing to contribute to the issue at hand. The issue was quite specific - an individual advertising fishing charters in exchange for fuel/or expenses - and nowhere did it mention houses nor lawnmowers nor other issues. The issue was very focussed and specific.

If you take 'remuneration' while boating you are no longer a pleasure craft with guests but a commercial vessel with passengers under Transport Canada's Canada Shipping Act 2001. Period.

Therefore it is not according to Fishing Guide but according to Transport Canada.
Take the time to read it. Education is a very valuable resource.

As an aside: I also would be less than honest if I did not also state that the response and abuse on this issue has left me deeply troubled and sorely disappointed. I have not named persons nor made accusations as to what specific individuals do or don't do on their vessels. I have simply presented the law and possible ramifications for all to see. What you do with that information is up to you. The inclination in the future to take significant time and effort on behalf of others is really tested when presented with this response. :(

On the positive side: GOOD LUCK CHEECH! on your season! See you on the other side! :)

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 Post subject: Re: you might want to know about this guy
PostPosted: Sat May 22, 2010 10:08 pm 
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Crew

Joined: Thu Jul 23, 2009 10:35 am
Posts: 38
Rambling rants...deeply troubled...sorely disappointed. Classic

Thanks for making my decision clear FG. Hopefully MM grants my request.

See you on the water.


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 Post subject: Re: you might want to know about this guy
PostPosted: Sat May 22, 2010 10:16 pm 
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Fish God

Joined: Tue Jul 21, 2009 12:23 pm
Posts: 566
Cheers ratherbefishing,

See you on the water. Lots of fish there so it should be fun!

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 Post subject: Re: you might want to know about this guy
PostPosted: Sun May 23, 2010 10:37 am 
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Crew

Joined: Tue Sep 15, 2009 3:40 pm
Posts: 89
Quote:
This legal interpretation/information was written by Transport Canada in a "Frequently Asked Questions" article in response to inquiries from pleasure craft operators who were concerned about breaching pleasure craft regulations vs commercial standards and the problems that may arise with their insurance.

Fine-you could have posted that info instead of a homemade hound's breakfast pronouncement.

In any case FAQ are just a grab bag of info not not anything legally binding just as the pamphlet you receive with your fishing licence isn't a legal document, you'd find that out if you ever went to court.


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 Post subject: Re: you might want to know about this guy
PostPosted: Sun May 23, 2010 11:08 am 
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Crew

Joined: Thu Mar 25, 2010 4:27 pm
Posts: 22
Location: Courtenay B.C.
Fishing Guide wrote:
Cheers All,

edit

Therefore if you are taking persons on board your vessel and they either provide remuneration willlingly or by request for fuel or other issues, you are a commercial vessel and they are no longer guests but passengers.

edit

Most sincerely,


I've got it figured out for most of us, from now on when taking someone out with you, so your insurance will not be null and void, DON'T ask for any gas money ahead of time, and make sure they don't give the money willingly(beat it out of them :o )...then all should be fine... ;)


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 Post subject: Re: you might want to know about this guy
PostPosted: Sun May 23, 2010 11:26 am 
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Cabin Boy

Joined: Mon Jul 27, 2009 8:04 pm
Posts: 16
Location: Victoria,B.C.
I never charge for gas-that would be wrong.I just ask them to pony up for the beer they drank- 50$ oughta cover it ;)

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 Post subject: Re: you might want to know about this guy
PostPosted: Sun May 23, 2010 2:12 pm 
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Fish God

Joined: Tue Jul 21, 2009 12:23 pm
Posts: 566
Cheers Whalesbreath,

You are entirely correct: FAQ's are simply summaries - in layman's terms - of what is in the regulations - with the fishing regulations being a classic example. However, one would find that by following the pamphlet you receive with your fishing license one would not be far from the mark. And, as stated in the TC FAQ's, one would not be far from the mark by following their summary when it comes to passengers vs guests.

Would a person run into difficulty if they were accepting remuneration? I cannot say for sure. I do know what would occur if you were insuring your vehicle with ICBC and claimed Pleasure Use Only and they determined you were in fact driving to work.

Would your insurance or Transport Canada cause an issue if you were accepting money from your friends to cover your fuel. Again, not for me to say. I do think that, as in the case this all began with, if you were advertising to take people out on charters for fuel or other remuneration and you ran into problems on the water, that might (and should) be a completely different story.

And now to throw another wrench into the works:

I charter and charge passengers to go out. That is completely self-explanatory. When I go out with friends I do not accept remuneration: I simply enjoy my friends and the outing as, even on days on not chartering, I enjoy fishing. However...I do go out with several friends, including DFO where, on one day I take my boat and on the next day I go with them. In the complicated world of legal or not: is the fact that I am accepting a trip on my friend's boat in exchange for a trip in mine in fact remuneration? :shock:

Hoping everyone is enjoying the long weekend!

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 Post subject: Re: you might want to know about this guy
PostPosted: Tue May 25, 2010 5:20 pm 
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Crew

Joined: Sat Aug 08, 2009 11:04 am
Posts: 57
Nope. Of course not. That would be a tough thing to prove under those circumstances. Especially if all your buddies were "buddies" and all testified as such.


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 Post subject: Re: you might want to know about this guy
PostPosted: Tue May 25, 2010 9:31 pm 
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Fish God

Joined: Tue Jul 21, 2009 12:23 pm
Posts: 566
Cheers GR,

I agree. Strange as we had this conversation today with my friend from DFO. Consensus is they would not trouble people who don't advertise but were truely 'friends fishing with friends' but, should the solid hit the fan - all bets are off.

And...those are the type of friends I hang with! :)

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 Post subject: Re: you might want to know about this guy
PostPosted: Tue May 25, 2010 11:00 pm 
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Captain

Joined: Mon Jul 27, 2009 7:37 am
Posts: 166
LOL
Quote:
I agree. Strange as we had this conversation today with my friend from DFO. Consensus is they would not trouble people who don't advertise but were truely 'friends fishing with friends' but, should the solid hit the fan - all bets are off.


it will never happen i expect my friends to chip in for gas and they do the same when i fish with them
no disrespect FG but lets face it, solid would never hit the fan in this case
i would bet $ that DFO/transport canada would never do this as the Ministerial inquiries would go through the roof from pissed off people and they would change the policy.

i would also bet that no one from DFO/transport Canada would put this in writing that they will charge you in court of law if you took gas money from a friend from a days fishing tip
besides where does transport canada change hands with Revenue Canada? transport canada cant determine remuneration or business transactions that i know of Revenue Canada would.
you can quote the act and regs all you want but there is changes and amendments to all of it that you are probably missing

this topic is like high school politics I feel exactly how RBF Feels and for that reason I dont contribute that much to this forum and I am too debating the same request he has made I can keep in close contact through my current email group of fishy friends without this BS
I fish with friends and charge them gas money or they dont come again
feel free to report me and btw I took 20$ for gas last week from a friend as he wanted to chip in

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Cheers BigChrome


Last edited by BigChrome on Wed May 26, 2010 9:01 am, edited 2 times in total.

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