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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER C-21

AN ACT RESPECTING THE ENCOURAGEMENT OF COLD STORAGE

Analysis

1. Short title

2. Guarantee to cold storage companies

3. Machinery exempt from duty

4. Contracts for maintenance and operation

5. Location of plants

6. Subsidies

7. Inspection

8. Rates and tolls

9. Regulations

10. Bonus on turbot, etc., exported

11. Bonus, how obtained


Short title

1. This Act may be cited as the Cold Storage Act .

RSN1970 c47 s1

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Guarantee to cold storage companies

2. (1) The Lieutenant-Governor in Council may guarantee, on behalf of the province for 1 or more years not exceeding 15, the annual payment to a person, firm or company engaged in the business of cold storage and other business connected with the fisheries and bait supply of a sum by which the net annual profits of the person, firm or company may be less than 5% on the capital invested by the person or paid up in the company, provided that the total amount of the guarantee to all persons or companies shall be limited to an amount of capital which shall not exceed $500,000 and shall be limited to a total amount of payment in 1 year not exceeding 5% upon the capital actually paid off in cash.

(2) The guarantee shall be subject to the terms and conditions, as to the annual volume of work, class of fish handled, prices to be paid for fish, countries to which fish is to be exported, and location of plants that appears expedient to the Lieutenant-Governor in Council.

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Machinery exempt from duty

3. All plant, machinery, implements, apparatus, supplies and material necessary for the installation of the business of the person, firm or company shall be admitted into the province free of duty.

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Contracts for maintenance and operation

4. The Lieutenant-Governor in Council may contract with a person, firm or company for the construction, equipment and maintenance in good and efficient working order of public cold storage plants, stores or warehouses equipped with refrigeration in the province and suitable for the preservation of fish bait and food products.

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Location of plants

5. The locations, plans and specifications of a plant, store or warehouse, its equipment and the amount to be spent on it, shall be subject to the approval of the Lieutenant-Governor in Council.

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Subsidies

6. The Lieutenant-Governor in Council may, out of money appropriated by the Legislature for the purpose, grant towards the construction of a plant, store or warehouse a subsidy not exceeding, in the whole, 30% of the amount spent or approved of in the construction and equipment and payable in the following instalments:

(a) upon a plant, store or warehouse being completed, and cold storage at suitable temperatures being provided to the satisfaction of the Minister of Fisheries, a sum not exceeding 15% of the amount so spent; and

(b) at the end of the 1st year, the balance of the 30%, provided the plant, store or warehouse is maintained and operated to the satisfaction of the Minister of Fisheries.

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Inspection

7. The Minister of Fisheries may order an inspection and supervision of the sanitary conditions, maintenance and operation of a plant, store or warehouse, and may regulate and control the temperatures to be maintained in it, in accordance with the regulations.

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Rates and tolls

8. The rates and tolls to be charged in a plant, store or warehouse shall be subject to the approval of the Lieutenant-Governor in Council.

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Regulations

9. The Lieutenant-Governor in Council may make the regulations that he or she considers necessary in order to secure the sufficient enforcement and operation of this Act, and he or she may by the regulations impose penalties not exceeding $50 on a person offending against them.

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Bonus on turbot, etc., exported

10. (1) For the purpose of helping in the creation of a market demand for our less well known fish, such as turbot, caplin and plaice, the Lieutenant-Governor in Council may contract with a person, firm or company, in this Act called "the company", engaged in the business of cold storage and other business connected with the fisheries and bait supply of the province, for the granting to the company of a bonus not exceeding $0.01 a pound on all fresh or frozen fish, other than codfish, halibut and herring exported by the company from its cold storage warehouses or plants in good condition in a year of the term not to exceed 10 years in all as may be fixed by the contract.

(2) The maximum amount of the bonus payable on all fresh or frozen fish other than codfish, halibut and herring, to the company under subsection (1) in a year of the term, shall not exceed $75,000 and shall be calculated whichever is greater either

(a) according to the capacity of the cold storage plants or warehouses to be erected by the company in compliance with the conditions of the contract in which case it shall not exceed $400 for a cold storage capacity of 100,000 pounds of fish and so on in proportion to the cold storage capacity of the plants or warehouses; but, the total amount recoverable by the company under this subsection for a year shall not exceed the equivalent of $0.01 per pound upon fish other than codfish, halibut and herring exported fresh or frozen during the year; or

(b) at the rate of 1\2 cent a pound on all fish other than codfish, halibut and herring, exported by the company from the cold storage plants or warehouses in a year of the term; but, the total bonus payable in a year under the contract shall not exceed the sum of $75,000 dollars.

(3) A contract shall be subject to and shall contain the following conditions:

(a) that all cold storage plants and warehouses required to be erected shall be completed and in operation within 5 years from the date of the contract;

(b) that the company shall reserve in each of its warehouses situated outside St. John's 10% of the entire cold storage space of a warehouse for the storage of bait, and in its warehouse in St. John's, the space, not exceeding 10% of the entire cold storage space, that may be fixed by the contract for the same purpose, and shall keep reserved spaces available for the cold storage of the bait as the Lieutenant-Governor in Council may wish to store in it, and store the bait free of charge;

(c) that the Lieutenant-Governor in Council may permit the company to use a part or the whole of the reserved storage space upon the terms that may be agreed upon, and where the consideration for the permission takes the form of the supply of bait by the company to the Lieutenant-Governor in Council, the bait shall be supplied at its cost to the company without allowance for a rental charge for the storage, and in the event of a dispute as to the cost price of the bait, the cost shall be determined by a board appointed by the Minister of Fisheries and including a representative nominated by the company;

(d) that the company shall sell bait to vessels engaged in the fishery at a price to yield to the company a reasonable profit above the cost of the bait delivered to the purchaser or his or her agent, the price to be fixed by the board mentioned in paragraph (c);

(e) that the company shall not export squid, caplin or herring for purposes other than food purposes, nor shall it within the province sell fish for bait to any fishers but fishers of the province, and the Lieutenant-Governor in Council shall not supply bait to vessels engaged in the fishery, when the company has bait for sale on the market at the rates mentioned in paragraph (d).

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Bonus, how obtained

11. (1) A payment of bonus shall not be made under section 10 except upon the certificate of the auditor general.

(2) In order to obtain the certificate, the company shall provide the Minister of Finance at the end of each year during the term of years a full and correct statement of the quantities of each fish exported by the company for the preceding year and shall give all proper facilities to the auditor general to make a complete examination of the books, accounts and vouchers of the company relative to it in conjunction with an auditor to be appointed by the company.

(3) In the event of a dispute arising between the 2 auditors in relation to the statement, the dispute shall be referred to the determination of a public chartered accountant as umpire, to be appointed by the 2 auditors.

(4) The award of the umpire shall be final and conclusive.

RSN1970 c47 s11

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