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BILL NO. 30

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                An Act to Provide Support for
              Accredited Fisheries Organizations




                          CHAPTER 6
                       ACTS OF 1995-96




                 
                                                               
                                                               
              The Honourable James A. Barkhouse
                    Minister of Fisheries


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           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 strengthen fisheries
organizations in the Province and provide a procedure to
enable accredited fisheries organizations to collect mandatory
annual dues from licence holders.


         3  (1) In this Act,

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

                (b) "licence holder" means a person, other than a
            part-time fisher or a corporation with an enterprise
            allocation, 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, with the approval of the Governor in
Council, shall prescribe areas of the Province to be regions for
the purpose of this Act.


         5  (1) The Minister shall 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 prescribed by
regulation.


         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 regulation 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 regulation, 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 Every licence holder in a region shall pay to an
accredited organization annual dues in the amount determined
by regulation or such greater amount as determined by 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 regulation.


         12 (1) The Minister may appoint an employee of the
Department to perform the duties and functions with respect to
this Act set out in the appointment.

            (2) A person appointed by the Minister pursuant to
subsection (1) has in any part of the Province all the powers,
authorities and immunities of a peace officer as defined in the
Criminal Code (Canada).


         13 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.


         14 (1) The Governor in Council may make regulations

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

                (b) respecting the conducting of a vote pursuant to
            this Act;

                (c) respecting the criteria to be met by
            organizations when applying for accreditation
            pursuant to this Act;

                (d) 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.


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