NW ON ?

[MinDak Hunter]

Can you legally drink beer while on the ice? I want to bring some buddy's up ice fishing but they will only consider it if we can have a couple on the ice.

[Outfitter17]

As far as I know it is not legal to drink on the ice, but just about everyone does it. If they don't want to come up with you unless they can legally drink on the ice - leave them home and find a couple of other guys that don't need to drink to have a good time and catch some fish.

[magnum mike]

I asked the same question at customs a few years ago. The girl in the booth told me the exact same thing that Matt said. She even said she has a few with her dad & brothers while on the ice and most people do. We have been checked by MNR officers in the past and they have all said the same thing. Technically it is not legal. If you have a couple cans of beer with your lunch, don't make a mess and you are not hammered drunk, they tend to look the other way.

[rickl1968]

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!

[MinDak Hunter]

Thanks guys!