Freshwater Fish Marketing Act

An Act to establish the Freshwater Fish Marketing Corporation and to regulate interprovincial and export trade in freshwater fish Short title This Act may be cited as the Freshwater Fish Marketing Act. Definitions In this Act, Board means the Board of Directors of the Corporation; (conseil) Chairman[Repealed, 2006, c. 9, s. 276] Chairperson means the Chairperson of the Board; (Version anglaise seulement) container includes any type of receptacle, package, wrapper or confining band, used in packing or marketing fish; (emballage) Corporation means the Freshwater Fish Marketing Corporation established by subsection 3(1); (Office) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre) participating province means a province in respect of which there is in force an agreement entered into under section 24 with the government of that province; (province participante) President means the President of the Corporation. (président) Corporation established A corporation is hereby established, to be known as the Freshwater Fish Marketing Corporation, consisting of a Board of Directors composed of a Chairperson, a President, one director for each participating province and four other directors. Appointment of Chairperson and President The Chairperson and the President shall each be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate. Appointment of directors Each director, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the directors. Appointment A director of the Corporation for a participating province shall be appointed on the recommendation of the lieutenant governor in council of the participating province. Eligibility A person who has reached the age of seventy years is not eligible to be appointed a director of the Corporation and a director of the Corporation ceases to hold office on reaching the age of seventy years. Re-appointment A director of the Corporation on the expiration of that director’s term of office is, if not disqualified by age, eligible for re-appointment. Vacancies A vacancy on the Board does not impair the right of the remaining directors of the Corporation to act, but where the vacancy relates to the office of a director for a participating province, it shall be filled as soon as practicable in the manner provided in this section. Temporary substitute directors If any director of the Corporation, other than the Chairperson or the President, is absent or unable to act, the Governor in Council may appoint a temporary substitute director on such conditions as the Governor in Council prescribes. Chairperson to preside at meetings The Chairperson shall preside at meetings of the Board, but in the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the President shall preside at those meetings. Management vested in President The President is the chief executive officer of the Corporation and the general manager of its undertakings and has on behalf of the Board the direction and control of the business of the Corporation with authority to act in the conduct of the business of the Corporation in all matters that are not by this Act or by the by-laws of the Board specifically reserved to be done by the Board. Absence or incapacity of President In the event of the absence or incapacity of the President, or if the office of President is vacant, the Board shall authorize an officer or director of the Corporation to act as President for the time being, but no person so authorized by the Board has authority to act as President for a period exceeding sixty days without the approval of the Governor in Council. Salaries and fees The President shall be paid by the Corporation a salary to be fixed by the Governor in Council and the Chairperson and the other directors of the Corporation other than the President shall be paid by the Corporation such fees for attendances at meetings of the Board or any committee thereof as are fixed by the Governor in Council. Expenses Each director of the Corporation is entitled to be paid by the Corporation such travel and living expenses incurred by the director in the performance of his duties as are fixed by by-law of the Board. Purpose and powers The Corporation is established for the purpose of marketing and trading in fish, fish products and fish by-products in and outside Canada and, in addition to the powers conferred by other provisions of this Act and by any other Act, has for that purpose power to buy fish and dress, fillet, freeze, package or otherwise prepare fish for market; buy, manufacture or produce fish products and fish by-products and package or otherwise prepare fish products and fish by-products for market; store, ship, insure, import, export, market, sell or otherwise dispose of fish, fish products and fish by-products bought, prepared, manufactured or produced by it; purchase, lease or otherwise acquire and hold, sell or otherwise deal with any real property; establish branches or employ agents in Canada or elsewhere; invest any money in its possession or under its control that in its opinion is not immediately required for the purposes of its operations, in securities of or guaranteed by the Government of Canada and sell any securities so acquired by it and reinvest the proceeds or any part of the proceeds thereof in like manner; borrow money from any bank on the credit of the Corporation; make loans of working capital on a seasonal basis to persons engaged in fishing for commercial purposes in a participating province; and do all such other things as are necessary or incidental to the exercise of any of its powers or the carrying out of any of its functions under this Act. Acceptance and exercise of additional powers The Corporation may enter into and carry out arrangements with any government or person that the Corporation deems necessary or desirable in furtherance of the purpose for which it is established, and may receive and exercise any grants, rights, franchises, privileges and concessions that may be granted to or conferred on it by any government or person. Employment of staff The Corporation may employ such officers and employees as it considers necessary for the proper conduct of its activities. Terms and conditions of employment The Board may by by-law prescribe the duties of the officers and employees of the Corporation and the terms and conditions of their employment. Remuneration The persons employed pursuant to subsection (1) shall be paid by the Corporation such remuneration as is fixed by by-law of the Board. Application of certain Acts and regulations The President and the officers and employees of the Corporation shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and the Corporation shall be deemed to be a Public Service corporation for the purposes of section 37 of that Act. Idem For the purposes of the Government Employees Compensation Act and any regulation made pursuant to section 9 of the Aeronautics Act, the President and the officers and employees of the Corporation shall be deemed to be employed in the federal public administration. Directors, officers and employees not part of federal public administration Except as provided in section 10, a director or an officer or employee of the Corporation is not in that capacity part of the federal public administration. Board may make by-laws The Board may make by-laws respecting the calling of meetings of the Board; respecting the conduct of business at meetings of the Board and the establishment of committees thereof, the delegation of duties to those committees and the fixing of quorums for meetings of the Board and committees thereof; subject to the approval of the Treasury Board, fixing the travel and living expenses to be paid to the directors of the Corporation; respecting the duties and conduct of the directors of the Corporation; and generally, for the conduct and management of the affairs of the Corporation. Head office The head office of the Corporation shall be at the city of Winnipeg or in the immediate vicinity thereof, in the Province of Manitoba, but meetings of the Board may be held at such other places in Canada as the Board may determine. Agent of Her Majesty The Corporation is for all purposes of this Act an agent of Her Majesty in right of Canada. Conduct of financial operations The Corporation shall conduct its operations on a self-sustaining financial basis without appropriations therefor by Parliament. Payments in lieu of land taxes The Corporation may make grants in lieu of taxes to any municipality in Canada not exceeding the taxes that might be levied by the municipality in respect of any lands of the Corporation if the Corporation were not an agent of Her Majesty. Minister of Finance may guarantee borrowing by and make loans to Corporation For the purpose of enabling the Corporation to carry on its operations under this Act, the Governor in Council may authorize the Minister of Finance, on such terms and conditions as may be agreed on, to guarantee repayment of loans, and interest thereon, made by any bank to the Corporation; and to make loans to the Corporation. Limitation The aggregate outstanding at any time of the amounts borrowed by the Corporation pursuant to paragraph 7(g) and the amounts lent by the Minister of Finance under this section shall not exceed fifty million dollars. [Repealed, 2010, c. 12, s. 1738] In this Part, except section 30, fish means round, dressed or filleted fish of any species enumerated in the schedule, whether fresh or frozen and whether packaged or unpackaged, that are fished for commercial purposes in a participating province, and includes parts of any such fish; (poisson) fisherman means a person licensed pursuant to the Fisheries Act or the regulations thereunder to fish for commercial purposes in a participating province, and includes any person acting on behalf of and representing any two or more persons so licensed. (pêcheur) Trade in fish Except in accordance with the terms and conditions set out in any licence that may be issued by the Corporation in that behalf, no person, other than the Corporation or an agent of the Corporation, shall export fish from Canada; send, convey or carry fish from a participating province to another participating province or to any other province; in a participating province, receive fish for conveyance or carriage to a destination outside the province; or sell or buy, or agree to sell or buy, fish situated in a participating province for delivery in another participating province or any other province, or outside Canada. By-laws respecting licences The Board may, for the purposes of this section, make by-laws providing for the issue of licences by the Corporation and prescribing the form of and the terms and conditions to be set out in those licences. Regulations The Governor in Council may by regulation add to the schedule any species of fish that are fished in a participating province or delete from the schedule any species of fish enumerated therein; or exempt from the application of all or any of the provisions of this Part, either conditionally or unconditionally and either in general terms or for a specified period, any species of fish enumerated in the schedule, any area or region in a participating province or any transaction, person or class of transactions or persons. Corporation to undertake interprovincial and export marketing of fish Subject to section 20, the Corporation has the exclusive right to trade in and to market fish in interprovincial and export trade and shall exercise that right, either by itself or by its agents, with the object of marketing fish in an orderly manner; increasing returns to fishermen; and promoting international markets for, and increasing interprovincial and export trade in, fish. Corporation to buy all fish offered All fish lawfully fished by a fisherman and offered by the fisherman for sale to the Corporation for disposal in interprovincial or export trade shall be bought by the Corporation from the fisherman on such terms and conditions and for such price as may be agreed on by the Corporation and the fisherman subject to any applicable scheme for payment established and operated by the Corporation pursuant to section 23. Marketing of fish The Corporation shall determine the form in which fish bought by it pursuant to this section shall be marketed and shall carry out or cause to be carried out any processing or preparation for market that it deems necessary, and the Corporation shall market the fish at such times and places and in such manner as in its opinion will best achieve the attainment of the objects mentioned in subsection (1). Price systems and pooling authorized The Corporation may develop, establish and operate schemes for payment for fish bought by it pursuant to this Part that provide for either or both a system of initial and final prices or payments; and the pooling of receipts for fish, including the operation of pool accounts, either generally or in relation to the area or region where the fish were fished, or the species, volume or quality of the fish sold to the Corporation, or on such other basis as the Corporation deems appropriate. Definition of province to which this section applies In this section, province to which this section applies means any of the following provinces or territories, namely, Ontario, Manitoba, Saskatchewan, Alberta, the Northwest Territories or Nunavut. Participation agreements With the approval of the Governor in Council, the Minister may, on behalf of the Government of Canada, enter into an agreement with the government of any province to which this section applies, providing for the sharing by the province with the Government of Canada of initial operating and establishment expenses of the Corporation and of any losses incurred as a result of the guarantee, under paragraph 16(1)(a), of repayments of loans, and interest thereon, made by any bank to the Corporation; the performance by the Corporation, on behalf of the province, of functions relating to intraprovincial trade in fish; the undertaking by the province of arrangements for the payment, to the owner of any plant or equipment used in storing, processing or otherwise preparing fish for market, of compensation for any such plant or equipment that will or may be rendered redundant by reason of any operations authorized to be carried out by the Corporation under this Part; and such other matters as may be agreed on by the Minister and the government of the province. Inspectors The Governor in Council may designate any qualified person as an inspector for the purposes of this Part. Certificate to be produced An inspector shall be furnished with a certificate of his designation as an inspector and on entering any place, premises or conveyance referred to in subsection 26(1) shall, if so required, produce the certificate to the person in charge thereof. Powers of inspectors Subject to subsection (1.1), an inspector may at any reasonable time enter any place or premises that the inspector believes on reasonable grounds is being used to store, pack, process or prepare fish for market or shipment or any vehicle, trailer, vessel, railway car or aircraft that the inspector believes on reasonable grounds is being used to ship or convey fish for market; open any container found therein or examine anything found therein that the inspector believes on reasonable grounds contains any such fish, and take samples thereof; and require any person to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom, any books, shipping bills, bills of lading, invoices or other documents or papers concerning any matter relevant to the administration of this Part. Warrant required to enter dwelling-house Where any place or premises referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2). Authority to issue warrant Where on ex parte application a justice of the peace is satisfied by information on oath that the conditions for entry described in paragraph (1)(a) exist in relation to a dwelling-house, that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused, the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant. Use of force In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. Assistance to inspectors The owner or person in charge of any place, premises or conveyance referred to in subsection (1) and every person found therein shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Part and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Part. Seizure Where an inspector believes on reasonable grounds that any provision of this Part has been contravened, the inspector may seize and detain the fish by means of or in relation to which he believes on reasonable grounds the contravention was committed. Detention Any fish seized and detained pursuant to subsection (1) shall not be detained after in the opinion of an inspector, the provisions of this Part have been complied with, or the expiration of ninety days after the date of seizure, unless before that time proceedings have been instituted in respect of the contravention, in which event the fish may be detained until the proceedings are finally concluded. Forfeiture Where a person has been convicted of a contravention of any provision of this Part, any fish by means of or in relation to which the offence was committed is, on the conviction, in addition to any punishment imposed, forfeited to Her Majesty if the forfeiture is directed by the court. The Governor in Council may make regulations respecting the detention of fish seized under this section and for preserving or safeguarding the fish so detained; and respecting the disposition of fish forfeited under this section. Obstruction and false statements No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in carrying out his duties or functions under this Part. Contravention of this Part Every person who, or whose employee or agent, contravenes any provision of this Part is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or is guilty of an offence punishable on summary conviction. Offence by employee or agent In any prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission. Limitation period Any proceedings by way of summary conviction in respect of an offence under this Part may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose. Evidence with respect to geographical origin In any prosecution for an offence under this Part, evidence that a container was marked in such a manner as to indicate or give rise to a reasonable belief that the fish contained therein were the product of or were fished in a particular participating province or a particular area or region in the province is, in the absence of evidence to the contrary, proof that the fish contained therein were fished in that province. Venue A complaint or information in respect of an offence under this Part may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of that provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction. Submission to lieutenant governors The Corporation shall submit a copy of each annual report of the Corporation prepared in accordance with section 150 of the Financial Administration Act to the lieutenant governor in council of each participating province. The following definitions apply in this Division. Corporation means the Freshwater Fish Marketing Corporation established by subsection 3(1) of the Freshwater Fish Marketing Act. (Office) Minister means the member of the King’s Privy Council for Canada designated as Minister for the purposes of the Freshwater Fish Marketing Act. (ministre) Purpose The purpose of this Division is to authorize the taking of various measures for the divestiture and dissolution of all or any part of the Corporation. Powers of Minister The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures: sell or otherwise dispose of some or all of the property of the Corporation; procure an addition to, or other material change in, the objects or purposes for which the Corporation is incorporated or the restrictions on the businesses or activities that it may carry on; procure the amalgamation of the Corporation; procure the dissolution of the Corporation; procure the incorporation of a corporation whose securities, on incorporation, would be held by, on behalf of or in trust for His Majesty in right of Canada and sell or otherwise dispose of some or all of those securities; procure the formation of any other entity whose securities, on formation, would be held by, on behalf of or in trust for His Majesty in right of Canada and sell or otherwise dispose of some or all of those securities; or acquire securities of a corporation or of any other entity that, on acquisition, would be held by, on behalf of or in trust for His Majesty in right of Canada and sell or otherwise dispose of some or all of those securities. Additional powers The Minister may do anything or cause anything to be done that is necessary for, or incidental to, a measure taken under subsection (1). For greater certainty For greater certainty, if the Minister considers it appropriate to carry out the purposes of this Division, the Minister may appoint a liquidator, who is to hold office during pleasure, to administer the divestiture and dissolution of the Corporation. Powers, duties and functions On appointment of a liquidator, the Chairperson of the Board of Directors of the Corporation, the President of the Corporation and the other directors of the Corporation cease to hold their respective offices and the liquidator may exercise all of the powers and perform all the duties and functions of the Corporation. Part X of Financial Administration Act The Governor in Council may, by order, declare that any provision of Part X of the Financial Administration Act does not apply to a corporation referred to in paragraph (1)(e) or to another entity referred to in paragraph (1)(f) that is a corporation. Powers The Corporation, any corporation referred to in paragraph 555(1)(e) or any other entity referred to in paragraph 555(1)(f) — or any entity that is wholly owned, or wholly held or controlled, directly or indirectly, by the Corporation, the corporation or the other entity — may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, take any of the following measures: sell or otherwise dispose of some or all of its property; sell or otherwise dispose of some or all of its liabilities; issue securities and sell or otherwise dispose of some or all of those securities; reorganize its capital structure; acquire the property of a corporation or any other entity; procure an addition to, or other material change in, the objects or purposes for which it is incorporated or formed or the restrictions on the businesses or activities that it may carry on; procure the incorporation of a corporation whose securities, on incorporation, would be held by, on behalf of or in trust for it; procure the formation of any other entity whose securities, on formation, would be held by, on behalf of or in trust for it; acquire securities of a corporation or any other entity that, on acquisition, would be held by, on behalf of or in trust for it; sell or otherwise dispose of some or all of the securities of a corporation or any other entity that are held by, on behalf of or in trust for it; procure its amalgamation; procure its dissolution; or do anything that is necessary for, or incidental to, a measure taken under any of paragraphs (a) to (l). Order in council The Governor in Council may, on the recommendation of the Minister and on any terms that the Governor in Council considers appropriate, by order, direct the Corporation, any corporation referred to in paragraph 555(1)(e) or any other entity referred to in paragraph 555(1)(f) — or any entity that is wholly owned, or wholly held or controlled, directly or indirectly, by the Corporation, the corporation or the other entity — to take, or cause any wholly-owned or wholly held or controlled entity of the Corporation, the corporation or the other entity to take a measure referred to in subsection (1). Compliance with order The directors of the Corporation or the corporation referred to in paragraph 555(1)(e) or any persons acting in a similar capacity with respect to the other entity referred to in paragraph 555(1)(f) must comply with an order made under subsection (2). Best interests Compliance with an order made under subsection (2) is deemed to be in the best interests of the Corporation, the corporation or the other entity. Notification of implementation As soon as feasible after the Corporation, corporation or entity implements an order and completes any actions that are required to be taken in connection with that implementation, it must notify the Minister that it has done so. Non-application of Statutory Instruments Act The Statutory Instruments Act does not apply to an order made under subsection (2). Tabling in Parliament The Minister is to cause a copy of an order made under subsection 556(2) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the order is made. Exception — detrimental information However, if the Minister is of the opinion that publishing information contained in the order would be detrimental to the commercial interests of Canada, of the Corporation or of any corporation or entity referred to in the order, the Minister is to cause a copy of the order to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister is notified that the order has been implemented. Consultation Before the Minister forms an opinion as to whether publishing information contained in the order would be detrimental, the Minister must consult the Board of Directors of the Corporation or of the corporation or the person or group of persons acting in a similar capacity with respect to the other entity. Transfer — property, rights or interests Subject to sections 559 and 560, on the day on which the Corporation is dissolved, the Governor in Council may, on the recommendation of the Minister and on any terms that the Governor in Council considers appropriate, transfer, or direct to be transferred, the control, management and administration of any property, rights or interests held by the Corporation to any Minister, department or agency of the Government of Canada. Distribution of property The property of the Corporation is to be applied in satisfaction of its debts and liabilities, and of the charges, costs and expenses incurred in respect of its divestiture and dissolution. Expenses — divestiture and dissolution All charges, costs and expenses incurred in respect of the divestiture and dissolution of the Corporation are payable out of the property of the Corporation in priority to all other claims. Surplus Any surplus that remains after the satisfaction of the debts and liabilities of the Corporation and the charges, costs and expenses incurred in respect of its divestiture and dissolution belongs to His Majesty in right of Canada. Unsatisfied debts and liabilities Any debts and liabilities of the Corporation that remain unsatisfied on the day on which the Corporation is dissolved become the debts and liabilities of His Majesty in right of Canada. Reference to Corporation On or after the day on which the Corporation is dissolved, every reference to the Corporation in any contract, instrument, act or other document executed or signed by the Corporation in its own name is to be read, unless the context otherwise requires, as a reference to His Majesty in right of Canada. Commencement of legal proceedings Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Corporation in respect of its divestiture or dissolution may be brought against His Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Corporation. Continuation of legal proceedings Any action, suit or other legal proceeding to which the Corporation is party that is pending in any court on the day on which the Corporation is dissolved may be continued by or against His Majesty in right of Canada in like manner and to the same extent as it could have been continued by or against the Corporation. No compensation Despite the provisions of any contract, agreement or order in council, no person who is appointed to hold office as a member of the Board of Directors of the Corporation has any right to any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty for ceasing to hold that office or for the abolition of that office, by the operation of this Division. Dissolution The Corporation is dissolved. Repeal The Freshwater Fish Marketing Act, chapter F-13 of the Revised Statutes of Canada, 1985, is repealed.