IceShanty.com's Ice Fishing Community
Canada => Ice Fishing Ontario => Topic started by: WAM1 on Dec 14, 2010, 10:55 AM
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Last year we had a visit from the OPP at our permanent hut. We had drinks on the ice outside the hut because we were moving the hut to a new hole 20 feet away. We were given tickets for drinking in public. The officer stated that it is ok to drink in the hut not outside. He said the hut was treated like a tent in the regulations. When I researched the regs they state that you can drink in a tent and a reasonable proximity to the tent. Does anybody know for sure. The good news is that I went to fight the ticket and the officer did not show so it was dropped.
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I posted my similar situation last year and had over 200 replies.
The general concencus was that its ok to drink inside the hut if it has the 3 things needed, a place to sleep, cooking setup, and at least a pail for a pisser.
I had replies of support as well as ppl saying quit whining and pay the fine.
I also took mine to court and the charge was dropped.
The best thing to do, I guess is to just keep the drinks inside.
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Some know the rules 100%, some don't, under some obscure regs, an Ice Hut, permanent or portable is not considered a dwelling like a tent where you can spend time as a "residence", and unless the hut is equipped with cooking facilities, sleeping facilities and an outhouse, no dice. Coleman stoves and white buckets don't count as permanent fixtures. You may find the info under the LLA if I remember correctly. Do you really need to drink that badly..
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We had all kinds of problems back in my wooden hut days but the general consensus was (and was shared by the local cops) to drink in only in the hut where you aren't going to bother anyone or feel the need to chuck your beer bottle 100 yards down ice. The fuzz checked on more than one occasion that a least one licensed person was remaining sober to drive others home. Other times if they saw an open case of beer on the ice, in the hut, even in a locked vehicle they'd make you pour each and every pint out on the ice or take home a ticket for drinking in public. That's when you learn to open your cases from the bottom flaps ;)
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Here is an answer from a MNR Officer on our local fishing site.
The law enforcement agencies in Ontario that enforce the legislation that governs the consumption of alcohol (Liquor Licence Act, Criminal Code of Canada) consider an ice shack to be a residence only when it is equipped with cooking, sleeping and washroom facilities. Alcohol may be consumed inside the shack and in the area immediately adjacent to the building. Most importantly however, the persons consuming alcohol must plan on staying and actually stay overnight. If the ice shack is not being used as a residence but merely as a temporary day shelter, or if it doesn’t meet the criteria of a residence then charges could be laid.
Fishing/sledding and drinking don’t mix. Alcohol impairs judgment and every year, people become statistics because they make mistakes after consuming alcohol.
Under the Liquor Licence Act, “liquor” means spirits, wine and beer or any combination thereof and includes any alcohol in a form appropriate for human consumption as a beverage, alone or in combination with any other matter;
Other violations related to the consumption of liquor that OPP and Conservation Officers run into while checking ice and open water anglers include:
1. Being intoxicated in a public place.
No person shall be in an intoxicated condition in a place to which the general public is invited or permitted access. An officer may arrest without warrant any person whom he or she finds in an intoxicated condition if, in the opinion of the officer, to do so is necessary for the safety of any person.
2. Operate a snow machine/ATV with an open container of liquor.
No person shall drive or have the care or control of a motorized snow vehicle, whether it is in motion or not, while there is contained in/on the vehicle any open liquor (seal broken).
3. Have open liquor in a boat.
No person shall operate or have the care or control of a boat that is underway while there is contained in the boat any open liquor (seal broken).
And of course it is against the law (Criminal Code of Canada) to operate or have care and control of a motor vehicle (snow machine, ATV, boat, aircraft, motorcycle, car, truck, Argo etc.) while your ability is impaired by drugs or alcohol. A conviction under the Criminal Code brings with it an automatic one year drivers licence suspension and a $1000 fine.
Reference: Liquor Licence Act. Section 31, 32
Criminal Code of Canada Section 253
So the fix ....rent a shack!
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I read an article on this as welll in the sudbury star. You are right. As long as you have somewhere to sleep, Food and a portable toilet then drink away. I just built my ice hut like this so that I could. Im not a drunk or anything but a couple beers go so well while fishing in my hut :tipup: ::)
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I guided in temagami for a winter and we were told by opp as soon as you have open liqueur out side your permenent hut its illegal. As long as your inside your permenent hut with open liqueur your fine. Permenent huts are considered temperaroy residents. On crown land.
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Always remember that "considered" is not black and white. As for having to stay overnight to consider it being a temp residence is also BS.
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If I have a beer or two in the hut you would never See it drinking from a Bottle Is Just asking for trouble. When you Have a coffee mug that holds three extra large Tim's.. The Charges are the same for drinking weather you make it easy or hard to notice. It isn't like concealing a weapon.. Don't drink and drive is all and I am Normally the Driver Anyway.. Coffee Mugs Hold Tea and Coffee Too.
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not worth the trouble,wait till i am home then a cool one in the garage,those that police the ice are making money when tickets are written,enough said.
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yep its all about money but once a winter at lest its nice to make a shanty town with a few friends for a fish fry and have a few drinks. only time i seem to be able to test out different sleds. (before drinks)
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If I have a beer or two in the hut you would never See it drinking from a Bottle Is Just asking for trouble. When you Have a coffee mug that holds three extra large Tim's.. The Charges are the same for drinking weather you make it easy or hard to notice. It isn't like concealing a weapon.. Don't drink and drive is all and I am Normally the Driver Anyway.. Coffee Mugs Hold Tea and Coffee Too.
Agree that