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BILL NO. 30

                                                        Government Bill

       
                                                                         
                  3rd Session, 56th General Assembly
                              Nova Scotia
                         44 Elizabeth II, 1995

       
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                     An Act to Provide Support for
                  Accredited Fisheries Organizations










       
                                                                         
                                                                         
                   The Honourable James A. Barkhouse
                         Minister of Fisheries


       
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                       
       
                                                                         
                                Halifax
              Printed by Queen' s Printer for Nova Scotia
                                   
                                   
An Act to Provide Support for
Accredited Fisheries Organizations



         Be it enacted by the Governor and Assembly as follows:


         1  This Act may be cited as the Fisheries Organizations Support Act.


         2  The purpose of this Act is to provide a procedure to enable accredited fisheries
organizations to collect mandatory annual dues from licence holders who belong to those
organizations.


         3  (1) In this Act,

                (a) "Department" means the Department of Fisheries;

                (b) "licence holder" means an individual who holds a limited-entry licence
            under the Fisheries Act (Canada) that permits the taking of fish;

                (c) "Minister" means the Minister of Fisheries.

            (2) Any 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.


         4  The Minister shall prescribe areas of the Province to be regions for the purpose of
this Act.


         5  (1) The Minister shall appoint an employee of the Department to conduct a vote
among the licence holders in a region to determine whether the licence holders want an
organization to represent the interests of the licence holders in the region in matters relating to
the management and regulation of the inshore fishery.

            (2) The vote referred to in subsection (1) shall be conducted at the time and in the
manner determined by the Minister.


         6  A vote taken pursuant to Section 5 is an affirmative vote if

            (a) at least sixty per cent of the licence holders in the region voted; and

            (b) a majority of the valid votes cast were cast in favour of representation by an
         organization.


         7  (1) Where there is an affirmative vote pursuant to Sections 5 and  6 in a region,
the Minister shall

                (a) give public notice of the results of the vote; and

                (b) invite organizations that meet the criteria prescribed by the Minister to
            apply to the Minister, in the manner prescribed by the Minister, to be accredited to
            represent the licence holders in the region.

            (2) The public notice referred to in subsection (1) shall be published

                (a) at least once in each of two consecutive weeks in a newspaper having
            general circulation in areas in which, in the opinion of the Minister, the notice is
            likely to come to the attention of licence holders in the region; and

                (b) in one issue of the Royal Gazette.


         8  Every organization, that applies to the Minister for accreditation pursuant to this
Act with respect to a region and that meets the criteria established by the Minister, shall be
accredited by the Minister to represent the licence holders in the region.


         9  Every licence holder in a region shall pay annual dues to an organization accredited
by the Minister to represent licence holders in that region.


         10 (1) Every licence holder in a region shall pay to the organization to which the
licence holder belongs annual dues in an amount of one hundred dollars or such greater amount
as determined by the organization.

            (2) If the annual dues are not paid, they may be recovered by the organization
as a debt due from the licence holder to the organization.


         11 (1) An organization that has been accredited by the Minister pursuant to this Act
retains its accreditation for four years.

            (2) Notwithstanding subsection (1), the Minister may cancel the accreditation of
an organization if the organization is not complying with the criteria for accreditation prescribed
by the Minister.


         12 Any person who violates any provision of this Act or the regulations is guilty of an
offence and is liable on summary conviction to a penalty of not more than five hundred dollars.


         13 (1) The Governor in Council may make regulations

                (a) defining any word or expression used but not defined in this Act;

                (b) respecting any matter deemed necessary or advisable to carry out
            effectively the intent and purpose of this Act.

            (2) The exercise by the Governor in Council of the authority contained in
subsection (1) is regulations within the meaning of the Regulations Act.


         14 This Act comes into force on such day as the Governor in Council orders and
declares by proclamation.