Acts and Regulations

F-15.001 - Fisheries and Aquaculture Development Act

Full text
Current to 1 January 2024
CHAPTER F-15.001
Fisheries and Aquaculture Development Act
2009, c.36, s.5
Assented to June 16, 1977
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“aquaculture” means aquaculture as defined in the Aquaculture Act;(aquaculture)
“aquaculturist” means a person who holds an aquaculture licence issued under the Aquaculture Act;(aquaculteur)
“Board” Repealed: 2016, c.28, s.33
“Board” means the body corporate continued under the name Agriculture, Aquaculture and Fisheries Development Board under section 2 of the Agricultural Development Act;(Commission)
“financial assistance” includes(aide financière)
(a) providing a direct loan or grant,
(b) guaranteeing the repayment of a loan,
(c) guaranteeing a bond or debenture issued by a person, or
(d) providing a forgivable loan or grant;
“fish” includes molluscs, crustacea and seaweeds, and any parts or by-products thereof;(poisson)
“fisher” includes groups, companies, partnerships, cooperatives and associations of fishers;(pêcheur)
“fisheries” means the business of catching, harvesting and handling of fish directly or indirectly by a fisher;(activités de pêche)
“fisherman” Repealed: 2009, c.36, s.5
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries and includes any person designated by the Minister to act on the Minister’s behalf.(Ministre)
1988, c.12, s.3; 1991, c.27, s.17; 2000, c.26, s.138; 2009, c.36, s.5; 2010, c.31, s.55; 2016, c.28, s.33; 2017, c.63, s.25; 2019, c.2, s.64
Administration of the Act
2The Minister is charged with the general administration of this Act and may designate persons to act on his behalf.
Financial assistance
3(1)To aid and encourage the establishment or development of fisheries in the Province, the Minister may provide financial assistance for the purposes prescribed by regulation to a person who makes an application in accordance with this Act.
3(2)To aid and encourage the establishment or development of aquaculture in the Province, the Minister may provide financial assistance for the purposes prescribed by regulation to a person who makes an application in accordance with this Act.
3(3)The financial assistance provided by the Minister under subsection (1) or (2) is subject, as the case may be, to the terms and conditions
(a) specified by the Minister, or
(b) specified by the Lieutenant-Governor in Council, when providing financial assistance requires the approval of the Lieutenant-Governor in Council.
2009, c.36, s.5; 2016, c.28, s.34
Repealed
4Repealed: 2016, c.28, s.35
1979, c.27, s.1; 2009, c.36, s.5; 2016, c.28, s.35
Repealed
4.1Repealed: 2016, c.28, s.36
2009, c.36, s.5; 2016, c.28, s.36
Repealed
4.2Repealed: 2016, c.28, s.37
2009, c.36, s.5; 2016, c.28, s.37
Repealed
4.3Repealed: 2016, c.28, s.38
2009, c.36, s.5; 2016, c.28, s.38
Repealed
4.4Repealed: 2016, c.28, s.39
2009, c.36, s.5; 2016, c.28, s.39
Provision of financial assistance
5(1)A person shall make an application for financial assistance under subsection 3(1) or (2) on a form provided by the Minister, and in the manner prescribed by regulation.
5(2)When the total amount of financial assistance requested by a person exceeds the amount prescribed by regulation, the Minister shall refer the application to the Board for its consideration and recommendation.
5(3)The Board or a panel of the Board constituted under section 10.1 of the Agricultural Development Act shall consider each application for financial assistance referred to it by the Minister and shall transmit to the Minister, within a reasonable time, a recommendation setting out its approval or disapproval of the application.
5(4)With respect to an application referred to the Board, the Minister, at his or her discretion, may provide the financial assistance up to an amount prescribed by regulation.
5(5)If the total amount of financial assistance requested by a person exceeds the amount referred to in subsection (4), the Minister shall not provide the financial assistance without the approval of the Lieutenant-Governor in Council.
5(6)The Minister may amend the terms and conditions of any financial assistance provided under subsection 3(1) or (2), including, without limitation, by extending, deferring, adjusting or compromising the time for repayment of financial assistance or by commuting, rescinding or forgiving any or all of the principal and any or all of the interest.
5(7)The Minister and the Lieutenant-Governor in Council are not bound by a recommendation made by the Board.
5(8)If an application for financial assistance is rejected, the Minister shall notify the person submitting the application of the decision in writing within a reasonable time, but is not required to give reasons for refusal or to disclose the Board’s recommendations.
5(9)A decision respecting an application for financial assistance is final and conclusive and may not be questioned or reviewed in any court.
1982, c.3, s.30; 1983, c.9, s.2; 2007, c.15, s.1; 2009, c.36, s.5; 2016, c.28, s.40
Security
5.1(1)The Minister may take any security in an amount that the Minister considers appropriate, and in the form prescribed by regulation to secure any financial assistance provided under this Act and may enforce the security in accordance with its terms or release the security on terms and conditions that the Minister specifies.
5.1(2)The Minister may release any security on any terms and conditions he or she specifies if the Minister considers that the release does not substantially impact the financial risk to the Province.
2016, c.28, s.41
Records and documents
5.2A person who receives financial assistance under this Act shall maintain all records and documents that are required by the Minister and shall provide them to the Minister on request.
2016, c.28, s.41
Repealed
6Repealed: 2016, c.28, s.42
2016, c.28, s.42
Regulations
7(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2016, c.28, s.43
(a.1) Repealed: 2016, c.28, s.43
(b) notwithstanding the definition of “fisheries” prescribing commercial or business activities ancillary to the fishing industry that may or may not be granted financial assistance under subsection 3(1) of this Act;
(b.1) despite the definition of “aquaculture”, prescribing commercial or business activities ancillary to the aquaculture industry that may or may not be granted financial assistance under subsection 3(2);
(c) prescribing the manner of making an application for financial assistance for the purposes of subsection 5(1);
(d) Repealed: 2016, c.28, s.43
(e) prescribing the conditions on which a fisher or aquaculturist may sell or transfer assets in respect of which a loan or guaranteed loan has not been fully repaid;
(f) prescribing or limiting the size or type of boats or assets for or in respect of which loans, guarantees or grants may be made;
(g) prescribing the amount of financial assistance for the purposes of subsection 5(2);
(g.1) prescribing the amount of financial assistance for the purposes of subsection 5(4);
(h) respecting records to be kept by fishers and aquaculturists with respect to any financial assistance given;
(i) respecting the inspection of records, books of account and other records that may be inspected by persons authorized by the Minister for the purpose of determining whether any terms and conditions of any loan, grant or guarantee are being complied with;
(j) fixing the rate of interest on loans;
(k) Repealed: 2016, c.28, s.43
(l) prescribing the form of security for the purposes of subsection 5.1(1);
(m) prescribing the purposes for which financial assistance may be provided by the Minister under subsection 3(1) and 3(2);
(m.1) prescribing types of financial assistance for the purposes of subsection 9(1);
(n) prescribing the amount of annual charges and the terms and conditions of payment for the purposes of subsection 9(1);
(o) authorizing the Minister in certain circumstances to provide financial assistance in accordance with specified terms and conditions that the Minister considers advisable;
(o.1) defining any word or expression used in but not defined in this Act, for the purposes of this Act, the regulations, or both;
(p) Repealed: 2016, c.28, s.43
(q) generally for the better administration and carrying out of the purposes and intent of this Act, whether or not such matter is of the kind enumerated in this section.
7(2)A regulation made under paragraph (1)(n) may be retroactive to February 15, 2003, or to any date after February 15, 2003.
1982, c.3, s.30; 1983, c.9, s.2; 2007, c.15, s.2; 2009, c.36, s.5; 2016, c.28, s.43
Repealed
8Repealed: 2016, c.28, s.44
2016, c.28, s.44
Annual charge
9(1)A person who receives a type of financial assistance under this Act that is prescribed by regulation shall pay the Minister an annual charge in the amount prescribed by regulation and in accordance with the terms and conditions prescribed by regulation.
9(2)The annual charges received by the Minister under this section shall be paid into the Consolidated Fund.
9(3)The Minister may defer, reduce or waive all or part of an annual charge on financial assistance, other than loan guarantees, in the circumstances the Minister deems appropriate.
2007, c.15, s.3; 2016, c.28, s.45
Agreements
9.1(1)The Minister may enter into agreements with Service New Brunswick for the purposes of collecting or recovering debts with respect to financial assistance provided under this Act.
9.1(2)The Minister may enter into agreements with any organization, agency, person or Minister of the Crown or with the government of a province or territory of Canada or the Government of Canada if the Minister considers the agreements necessary or expedient for the administration of this Act.
2016, c.28, s.46
Minister’s report re financial assistance
9.2The Minister shall submit to the Lieutenant-Governor in Council each year a report, containing the information prescribed by regulation, with respect to any loan, grant or guarantee or any other financial assistance provided by the Minister under this Act in the preceding year.
2016, c.28, s.46
Assets and liabilities of Fishermen’s Loan Board
10(1)Upon the coming into force of this section all business and assets including
(a) real and personal property,
(b) stock and shares,
(c) mortgages or other securities,
(d) debts due,
(e) things and actions,
and all rights, obligations and incidents appurtenant thereto belonging to, held, owned by or vested in the Fishermen’s Loan Board of New Brunswick are vested in the Province to be dealt with by the Minister in the name of the Minister without any further act or deed.
10(2)Upon the coming into force of this section, the rights of a creditor whether secured or unsecured against the Fishermen’s Loan Board of New Brunswick and any rights accrued by or accruing to the Fishermen’s Loan Board of New Brunswick shall be unimpaired, and by virtue of the coming into force of this section the obligation of the Fishermen’s Loan Board of New Brunswick with regard to such right and the rights accrued by or accruing to the Fishermen’s Loan Board of New Brunswick shall be assumed by the Province; but nothing contained in this subsection shall be interpreted to give any unsecured creditor any security right or any secured creditor any greater security right than is possessed by such creditor of the date of coming into force of this section.
10(3)Upon the coming into force of this section all debts, liabilities, duties, benefits held by, and obligations of, the Fishermen’s Loan Board of New Brunswick including, without restricting the generality of the foregoing, guarantees, contracts of indemnity and benefits given are enforceable against the Province to the same extent as if they had been incurred or contracted by the Province.
10(4)No suit, action, appeal, application or other proceeding being carried on, or power, right or remedy being exercised by, the Fishermen’s Loan Board of New Brunswick shall be discontinued as a result of the coming into force of this section and section 11; but may be continued in the name of the Province and the Province shall have the same rights and be subject to the same liabilities and shall pay or receive the like costs, as if the suit, action, appeal, application or other proceeding had been commenced or defended in the name of the Province.
10(5)The Province may bring, maintain and exercise in its name any suit, action, appeal, application or other proceeding, or exercise any power, right or remedy that the Fishermen’s Loan Board of New Brunswick was, could have been or could have become entitled to bring, maintain or exercise.
10(6)Nothing in this section shall expose or cause the Province to be exposed to or to be liable for any greater liability, cost or expense than would have occurred had this section and section 11 not come into force.
10(7)Registration of the notice provided for in this subsection in a registry office under the Registry Act is sufficient notice to all persons of the matters dealt with in this Act.
NOTICE:
Fishermen’s Loan Board of New Brunswick
GRANTOR,
TO:
Province of New Brunswick
GRANTEE
Section 10 of the Fisheries and Aquaculture Development Act, chapter F-15.001, Acts of New Brunswick, 1977, came into force on ________
Section 11 of the Fisheries and Aquaculture Development Act, chapter F-15.001, Acts of New Brunswick, 1977, came into force on ________
Sections 10 and 11 of the said Act read as follows:
10 . . (insert section 10)
11 . . . (insert section 11)
MINISTER OF ____________
10(8)The notice under subsection 10(7) shall be registered under the Registry Act in any registry office by the Registrar thereof upon it being tendered to him for registration and in the office of the Registrar under the Corporation Securities Registration Act.
10(9)For the purpose of any instrument required to be registered or filed under the Bills of Sale Act, Conditional Sales Act, Assignment of Book Debts Act or Corporation Securities Registration Act, it shall be sufficient in order to show the transmission of title in respect of any personal property or interest in personal property included or intended to be included in the Minister by virtue of this Act, if the instrument affecting such property or interest recites this Act.
1979, c.27, s.2; 1988, c.12, s.3; 2000, c.26, s.138; 2009, c.36, s.5
Repeal of Fisherman's Loan Act
11(1)Subject to the provisions of section 10, the Fishermen’s Loan Act is repealed.
11(2)The Fishermen’s Loan Board of New Brunswick and the appointments thereto under the Fishermen’s Loan Act are terminated.
Commencement
12This Act or any provision thereof comes into force on a day to be fixed by proclamation.
N.B. This Act was proclaimed and came into force March 1, 1978.
N.B. This Act is consolidated to March 29, 2019.