Acts and Regulations

2011, c.174 - Inshore Fisheries Representation Act

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Current to 1 January 2024
2011, c.174
Inshore Fisheries Representation Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“buyer” means any person who, for the purpose of resale or processing, purchases fish from a licence-holder.(acheteur)
“inshore boat” means a boat having the characteristics prescribed by or in accordance with the regulations.(bateau côtier)
“licence-holder” means a person who(titulaire de licence ou de permis)
(a) holds a licence under the Fisheries Act (Canada) that permits the taking of fish,
(b) is the owner or captain of an inshore boat, and
(c) fishes commercially from that boat for a living.
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries.(ministre)
“region” means Region 1, Region 2, Region 3 or Region 4.(région)
“Region 1” means the area following the coastline of the Province from the border with the Province of Quebec to Bartibog Bridge.(Région 1)
“Region 2” means the area following the coastline of the Province from Bartibog Bridge to the border with the Province of Nova Scotia.(Région 2)
“Region 3” means the area following the coastline of the Province bordering on the Bay of Fundy from the border with the Province of Nova Scotia to Goose River and includes Grand Manan Island and Whitehead Island.(Région 3)
“Region 4” means the area following the coastline of the Province bordering on the Bay of Fundy from Goose River to the border with the State of Maine and includes all islands in the area except Grand Manan Island and Whitehead Island.(Région 4)
1990, c.I-11.1, ss.1(1); 2000, c.26, s.166; 2007, c.10, s.52; 2010, c.31, s.77; 2017, c.9, s.1; 2017, c.63, s.30; 2019, c.2, s.73
Reference to licence-holder in a region
2A reference in this Act to a licence-holder in a region is a reference to a licence-holder who customarily returns from fishing to a place in that region.
1990, c.I-11.1, ss.1(2)
Determination of constitution of an organization
3(1)An organization incorporated under the Companies Act may apply to the Minister for a determination that it is properly constituted for the purposes of this Act.
3(2)The Minister may make the determination referred to in subsection (1) if satisfied
(a) that the purpose of the organization is to represent the interests of the licence-holders in a region in matters relating to the management and regulation of the inshore fishery,
(b) that the organization is not a fishers’ organization as defined in the Fisheries Bargaining Act and cannot transfer funds to such an organization,
(c) that membership in the organization is open to all licence-holders in the region,
(d) that licence-holders in the region who are not members of the organization have reasonable access to the books, records and accounts of the organization, and
(e) that the organization is otherwise properly constituted for the purposes of this Act.
1990, c.I-11.1, s.3
Application for recognition as representative of licence-holders
4(1)When a determination has been made under section 3, the organization may apply to the Minister for recognition as the representative of the licence-holders in its region.
4(2)With its application, the organization shall forward to the Minister details of its membership, and shall state
(a) that it has more than 50% of the licence-holders in its region as members, and requests recognition without a representation vote being held, or
(b) that it has more than 40% of the licence-holders in its region as members, and requests the holding of a representation vote.
1990, c.I-11.1, s.4
Public notice of application
5(1)The Minister shall give public notice that an application under section 4 has been received.
5(2)The public notice shall be published
(a) at least once in each of two consecutive weeks in a newspaper or newspapers having general circulation in areas in which, in the Minister’s opinion, the notice is likely to come to the attention of licence-holders in the region, and
(b) in one regular issue of The Royal Gazette.
5(3)The public notice shall state the membership that the organization claims in its region and whether the organization requests recognition with or without the holding of a representation vote.
5(4)The public notice
(a) shall state that any licence-holder in the region may question the claim made by the organization as to its membership, and
(b) shall indicate the time by which any such questions should be raised and the address to which they should be directed.
1990, c.I-11.1, s.5
Considerations and decision of Minister respecting application
6(1)When the time set by the public notice for questioning the claim made by the organization as to its membership has expired, the Minister shall consider
(a) the information submitted by the organization as to its membership,
(b) any questions raised under subsection 5(4) as to the membership of the organization, and
(c) any other information the Minister believes relevant concerning
(i) the membership of the organization,
(ii) the number of licence-holders in the region, and
(iii) whether or not any member of the organization is a licence-holder or is a licence-holder in the region.
6(2)If the Minister is satisfied that more than 50% of the licence-holders in the region are members of the organization, the Minister may recognize the organization as the representative of the licence-holders in the region.
6(3)If the Minister is satisfied that less than 40% of the licence-holders in the region are members of the organization, the Minister shall reject the organization’s application for recognition.
6(4)Subject to subsections (2) and (3), the Minister shall direct that a representation vote be taken among the licence-holders in the region.
1990, c.I-11.1, s.6
Representation vote
7A representation vote shall be held in accordance with the regulations.
1990, c.I-11.1, s.7
Recognition of an organization
8(1)Following the holding of a representation vote, the Minister shall recognize the organization if the Minister is satisfied
(a) that at least 60% of the licence-holders in the region have voted, and
(b) that a majority of the valid votes cast were cast in favour of recognition of the organization as the representative of the licence-holders in the region.
8(2)If subsection (1) does not apply, the Minister shall reject the organization’s application for recognition.
1990, c.I-11.1, s.8
Status as an organization
9(1)An organization which has been recognized by the Minister retains that status for four years or until its recognition is cancelled under section 17, whichever is the earlier.
9(2)In the fourth year that an organization retains its status as a recognized organization, it may reapply to the Minister under section 4.
1990, c.I-11.1, s.9
Annual dues
10(1)When an organization has been recognized under this Act as the representative of licence-holders in its region, every licence-holder in the region shall pay to the organization annual dues in an amount determined by the organization.
10(2)If the annual dues are not paid, whether by the licence-holder or by deduction under section 12, they may be recovered by the organization as a debt due from the licence-holder to the organization.
1990, c.I-11.1, s.10
Application and order for deduction of annual dues at source
11(1)An organization which has been recognized under this Act may apply each year to the Minister for an order that the annual dues for that year of licence-holders in its region be deducted at source by buyers.
11(2)In its application the organization shall state
(a) the amount or amounts to be deducted by buyers, and
(b) a date on which it requests that the order come into effect.
11(3)The Minister may make an order under this section if satisfied
(a) that the organization has supplied the licence-holders in the region with deduction cards in a form satisfactory to the Minister,
(b) that the organization has supplied buyers with remittance cards in a form satisfactory to the Minister,
(c) that the organization has taken appropriate steps to inform buyers and licence-holders of its application and of the date it is requesting that the order come into effect, and
(d) that the amount or amounts to be deducted by buyers are reasonable, both separately and in total, and are known both to buyers and to licence-holders.
11(4)An order under subsection (3) shall state the date on which it comes into effect, which shall not be earlier than the date stated in the application, and the region to which it applies.
11(5)The Minister shall give public notice of the making of an order under subsection (3).
11(6)The public notice shall be published
(a) at least once in each of two consecutive weeks in a newspaper or newspapers having general circulation in areas in which, in the Minister’s opinion, the notice is likely to come to the attention of licence-holders in the region, and
(b) in one regular issue of The Royal Gazette.
11(7)The Regulations Act does not apply to an order made under this section.
1990, c.I-11.1, s.11
Deduction from purchase price
12(1)When an order under section 11 has come into effect in relation to a region, every buyer purchasing fish from a licence-holder in the region shall deduct from the purchase price the amount set by the order, unless the licence-holder presents a deduction card showing that the licence-holder’s annual dues have been fully deducted by a buyer or fully paid by the licence-holder.
12(2)When a buyer makes a deduction under subsection (1), the buyer and the licence-holder shall each sign both the deduction card and the remittance card to confirm the making of the deduction and its amount.
12(3)Within 30 days after making a deduction under subsection (1), the buyer shall forward to the organization the amount of the deduction, together with a remittance card recording the deduction.
12(4)A deduction made by a buyer is a debt due from the buyer to the organization.
12(5)If a buyer does not make a deduction required under subsection (1), the amount of the deduction required to be made may be recovered by the organization as a debt due from the buyer to the organization, despite that the deduction was not made.
12(6)An amount due to an organization under this section bears interest at a rate of 15% per year, commencing 30 days after the buyer made or should have made a deduction required under subsection (1).
1990, c.I-11.1, s.12; 1992, c.51, s.1
Action to recover amount due under section 12
13(1)In an action by an organization to recover an amount due under section 12, a document certifying the following matters and purporting to be signed by an officer of the organization is admissible in evidence without proof of the appointment, authority or signature of the officer and is, in the absence of evidence to the contrary, proof of the matters certified in the document:
(a) the organization has reasonable grounds to believe that the buyer did not make a deduction required under subsection 12(1) or made the deduction but did not forward to the organization the amount of the deduction made, as the case may be; and
(b) the amount due under section 12.
13(2)In an action by an organization to recover an amount due under section 12 in which a buyer claims that the buyer did not make a deduction under subsection 12(1) on the grounds that the licence-holder presented a deduction card showing that the licence-holder’s annual dues had been fully deducted by a buyer or fully paid by the licence-holder, the onus of proving that claim is on the buyer.
13(3)When an organization is successful in an action, other than one to which section 73.11 of the Judicature Act applies, to recover an amount due under section 12
(a) the organization shall be entitled to an order for its costs to be assessed on a solicitor and client basis and for the payment of its disbursements incurred in relation to the action, and
(b) the Court may order that an additional amount be paid to the organization, as a penalty, of up to 10% of the amount awarded in the action.
1992, c.51, s.2; 1994, c.67, s.1
Certificate stating person is not a licence-holder
14(1)A person may apply to the Minister for a certificate stating that the person is not a licence-holder in a region.
14(2)The Minister shall give notice of an application under subsection (1) to the organization affected by the application and shall give that organization an opportunity to make representations in relation to the application.
14(3)If the Minister issues a certificate on an application under subsection (1), the certificate is conclusive for the purposes of this Act, including sections 10 and 12.
1990, c.I-11.1, s.13
Use of funds
15(1)The funds received by the organization from licence-holders under section 10 or from buyers under section 12 shall be applied to the purpose of the organization as set out in paragraph 3(2)(a) and to no other purpose.
15(2)Despite subsection (1), the organization may transfer a portion of the funds it receives under section 10 or 12 to an organization which
(a) has as its purpose the representation of the interests of some of the licence-holders in the region in matters relating to the management and regulation of those aspects of the inshore fishery that are of concern to those licence-holders, and
(b) is not a fishers’ organization as defined in the Fisheries Bargaining Act, and cannot transfer funds to such an organization.
1990, c.I-11.1, s.14
Application for cancellation of recognition of organization
16(1)A licence-holder in a region may apply to the Minister for the cancellation of the recognition of the organization for that region.
16(2)An application under subsection (1) shall be accompanied by information as to the number of licence-holders in the region who support the application and by their signatures, if possible.
16(3)If the Minister is satisfied that more than 40% of the licence-holders in the region support the application, the Minister may direct the taking of a representation vote among the licence-holders in the region.
16(4)A representation vote under subsection (3) shall not be held within one year after the Minister’s decision to recognize an organization or the last representation vote.
16(5)A representation vote shall be held in accordance with the regulations.
1990, c.I-11.1, s.15
Cancellation of recognition of organization
17(1)On the holding of a representation vote under section 16, the Minister shall cancel the recognition of the organization if the Minister is satisfied
(a) that at least 60% of the licence-holders in the region have voted, and
(b) that a majority of the valid votes cast were cast in favour of the cancellation of the recognition.
17(2)On cancelling the recognition of an organization, the Minister shall also cancel any existing order under section 11.
1990, c.I-11.1, s.16
Administration
18The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
1990, c.I-11.1, s.2
Regulations
19The Lieutenant-Governor in Council may make regulations
(a) respecting a representation vote, which regulations may include, without limiting the generality of the foregoing, provisions respecting the procedure for taking the vote, the appointment of returning officers and other officers and their powers and duties, the challenge of any ballot and a hearing after the vote in relation to the vote;
(b) respecting the characteristics of an inshore boat, which characteristics may differ for different regions;
(c) defining terms used in the definition “licence-holder”, which definitions may differ for different regions;
(d) respecting the appointment of persons or bodies to make recommendations to the Minister on any matter relating to the implementation of this Act;
(e) respecting the powers, duties and remuneration of persons or bodies referred to in paragraph (d).
1990, c.I-11.1, s.17
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to March 29, 2019.