1In this Act
“accredited buyers’ organization” means an organization of buyers that is accredited under this Act as the bargaining agent for a unit of buyers;(organisation d’acheteurs agréée)
“bargaining agent” means a fishermen’s organization or council of fishermen’s organizations that acts on behalf of fishermen
(agent négociateur)
(a)
in collective bargaining, or
(b)
as a party to a collective agreement with a buyer or buyers’ organization;
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“boycott” means, in the case of a fisherman or fishermen’s organization, a ban or restriction against the sale of fish to a buyer or a buyers’ organization by fishermen or a fishermen’s organization, or action by fishermen in combination or in concert or in accordance with a common understanding or other concerted activity on the part of fishermen designed to restrict or limit the supply of fish to a buyer or buyers’ organization, done with a view to compelling or inducing a buyer or buyers’ organization, or to aid other fishermen to compel or induce a buyer or buyers’ organization to agree to terms concerning the supply of fish; and, in the case of a buyer or buyers’ organization, the closing of a buyer’s business or businesses of a buyers’ organization or a refusal by a buyer or buyers’ organization to buy fish from a fisherman or fishermen’s organization, done with a view to compelling or inducing the fisherman or fishermen’s organization or to aid another buyer to compel or induce the fisherman or fishermen’s organization to agree to terms or conditions concerning the supply of fish to a buyer or buyers’ organization; and “to boycott” has a corresponding meaning;(boycottage)
“buyer” means any person who, for the purpose of resale or processing by him, purchases fish from a fisherman or from any other person acting on behalf of a fisherman;(acheteur)
“buyers’ organization” means an organization that is formed for the purpose of representing and that represents buyers;(organisation d’acheteurs)
“certified bargaining agent” means a bargaining agent that has been certified under this Act and the certification of which has not been revoked;(agent négociateur accrédité)
“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)
“collective agreement” means a signed agreement in writing between a buyer or a buyers’ organization acting on behalf of a buyer on the one hand, and a certified bargaining agent of fishermen, or a council of fishermen’s organization representing a certified bargaining agent of fishermen, acting on behalf of fishermen on the other hand, containing terms and conditions concerning the supply of fish, including provisions in regard to prices for fish supplied to the buyer by the fishermen;(convention collective)
“collective bargaining” means negotiating with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be, and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)
“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)
“council of fishermen’s organizations” means a council that is formed for the purpose of representing or that according to established bargaining practice represents fishermen’s organizations;(conseil d’organisations de pêcheurs)
“Court” means The Court of King’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a judge of the Provincial Court;(Cour)
“day” means a calendar day;(jour)
“Deputy Minister” means the Deputy Minister of Post-Secondary Education, Training and Labour;(sous-ministre)
“dispute” means any dispute or difference or apprehended dispute or difference between a buyer or a buyers’ organization and one or more of the fishermen or fishermen’s organizations supplying fish to the buyer or buyers’ organization, or a certified bargaining agent acting on behalf of such fishermen or fishermen’s organizations, as to matters or things affecting or relating to terms or conditions with respect to the supplying of fish by such fisherman, fishermen or fishermen’s organization to the buyer or buyers’ organization or as to any privileges, rights or duties of the parties;(différend)
“fish” means any product of the sea which is supplied by a fisherman or fishermen’s organization to a buyer or buyers’ organization for consideration;(poisson)
“fisherman” means a commercial fisherman engaged in fishing for gain and includes a self-employed fisherman and a sharesman or a person agreeing to accept as compensation a share or portion of the proceeds or profits of a fishing venture, with or without other compensation;(pêcheur)
“fishermen’s organization” means an organization formed for purposes that include regulating certain relations between fishermen and buyers and which has a constitution and rules or by-laws setting forth its objects and purposes and defining the conditions under which fishermen may be admitted thereto and continued in membership;(organisation de pêcheurs)
“fishing industry” means the businesses that are engaged in catching, buying, processing and marketing fish;(industrie de la pêche)
“geographic area” means one of the following areas of the Province:
(région géographique)
(a)
Northeastern New Brunswick, which comprises the area following the coastline from the border with the Province of Quebec to but not including Burnt Church;
(b)
Southeastern New Brunswick, which comprises the area following the coastline from and including Burnt Church to the border with the Province of Nova Scotia;
(c)
Bay of Fundy, which comprises the area following the coastline of the Province of New Brunswick bordering on the Bay of Fundy;
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“rule” means a procedural rule of the Board;(règle)
“unit” means, in the case of fishermen, a group of fishermen who supply fish to one or more buyers or a buyers’ organization in a geographic area and, in the case of buyers, a group of buyers who purchase fish from one or more fishermen or fishermen’s organizations, and “appropriate for collective bargaining” with reference to a unit means a unit that is appropriate for such purposes, whether it is a buyers’ unit or a fishermen’s unit.(unité)
1983, c.30, s.12; 1986, c.8, s.49; 1992, c.2, s.25; 1998, c.41, s.57; 2000, c.26, s.136; 2001, c.44, s.1; 2006, c.16, s.73; 2007, c.10, s.41; 2017, c.63, s.26; 2019, c.2, s.65; 2023, c.17, s.97