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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER D-13

AN ACT RESPECTING THE DEPARTMENT OF FISHERIES

Analysis

1. Short title

2. Definitions

3. Department constituted

4. Staff

5. Seal

6. Powers and duties of minister

7. Consultation and conferences

8. Agreements with governments

9. Agreements generally

10. Agreements amended

11. Prior approval for agreements

12. Implementation of agreements

13. Other departments

14. Boards, committees, etc.

15. Minister's power over boards

16. Information from fish business or enterprise

17. Secrecy

18. Information may be made available

19. Offences re ss.16 and 17

20. Regulations

21. Documents

22. Accounts

23. Security

24. Actions

25. Certified copies of documents

26. Property

27. Entry on land

28. Prohibition

29. Payments

30. Offences

31. Consent to prosecution

Schedule


Short title

1. This Act may be cited as the Department of Fisheries Act.

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Definitions

2. In this Act

(a) "department" means the Department of Fisheries constituted by this Act;

(b) "deputy minister" means the Deputy Minister of Fisheries appointed under this Act; and

(c) "minister" means the Minister of Fisheries referred to in section 3.

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Department constituted

3. (1) There shall be a department of the government called the Department of Fisheries over which the Minister of Fisheries appointed by the Lieutenant-Governor by commission under the Great Seal of the province shall preside.

(2) The minister has the management and direction of the department and holds office during pleasure.

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Staff

4. (1) The Lieutenant-Governor in Council may appoint an officer called the Deputy Minister of Fisheries.

(2) The deputy minister shall be the deputy head of the department and shall hold office during pleasure.

(3) Those other officers and employees that are necessary for the proper conduct of the business of the department shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ those technical and other assistants that the minister considers necessary.

(4) Where there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister has the powers and shall perform the duties of the deputy minister.

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Seal

5. (1) The department shall have a seal which shall be officially and judicially noticed.

(2) Where the official seal of the department is used, it shall be authenticated by the signature of the minister or by the signature of the deputy minister, or, where there is no deputy minister or the deputy minister is absent, by the signature of the person who, under subsection 4(4), has the powers of the deputy minister.

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Powers and duties of minister

6. The powers, functions and duties of the minister extend to and include

(a) the supervision, control and direction of all matters within the legislative authority of the province relating to the promotion, development, encouragement, protection, direction, conservation and regulation of the fisheries of the province and of aquaculture as defined in the Aquaculture Act, including all matters relating

(i) to the conduct, direction or assistance of, or other participation in, research, investigation, exploration, experimentation or demonstration with respect to matters concerning the fisheries or the products of the fisheries, where the minister is satisfied that the results of the research, investigation, exploration, experimentation or demonstration will be of a value to the province so as to justify the undertaking of it,

(ii) to the investigation of existing and potential markets and marketing methods for products of the fisheries and, where necessary, the undertaking of research and promotion to enlarge, improve and increase the markets available to those products,

(iii) to the implementation of all programs and projects approved by the government for the purposes of the utilization of the fisheries of the province, or assistance to fishers and processors, and for the recommendation of those programs and projects,

(iv) to the processing of fishery products from the source of them to their final consumer form,

(v) to assistance, with

(A) financial aid, subject to the approval of the Lieutenant-Governor in Council and to those terms and conditions that the Lieutenant-Governor in Council may approve, and

(B) other aid,

in the

(C) provision of education and training in the fisheries or an undertaking arising out of the fishery or connected with the fisheries, or

(D) establishment of processing plants and in the acquisition of vessels, equipment and installations that will contribute to the development of the fisheries, and

(vi) the administration, subject to the Public Service Rearrangements and Transfers of Duties Act, of the Acts set out in the Schedule and of all orders and regulations passed or made under those Acts and of those other Acts, orders and regulations that are designated by the Lieutenant-Governor in Council,

which are not by law or by order of the Lieutenant-Governor in Council assigned to another minister or department of the government;

(b) liaison and co-operation with

(i) the Government of Canada or a department, agency or body under the jurisdiction of that government,

(ii) the government of a province or a department, agency or body under the jurisdiction of the government of a province, or under the jurisdiction of the government of this province, or

(iii) a corporation or other body or person

that may be necessary or desirable for carrying out the purpose of this Act;

(c) the undertaking, promotion or recommendation of measures for the control and direction of matters referred to in this section;

(d) the collection, compilation, analyzing and recording of statistical and other information relating to the fishing industry including the catching, buying, selling, producing, processing, exporting, marketing, operational costs, labour costs and pricing of fish and fish products and other information relating to the fishing industry;

(e) the institution and direction of research in relation to matters referred to in this section that may be useful;

(f) the analysis and evaluation of agreements and contracts connected with the fishing industry, markets and marketing methods for fish and fish products and federal, provincial, or joint federal-provincial policies or programs for the fishing industry;

(g) the making available by publication or otherwise information, statistics, reports, records, pamphlets, bulletins and circulars on matters relating to the fishing industry and the exchange of information with a department or body representing the fishing industry of Canada or of another province or of another state or country of matters referred to in this section;

(h) the study of, reporting on and advising upon the administration of matters referred to in this section;

(i) the consideration of and reporting upon a recommendation for a change in the laws of the province relating to matters referred to in this section that is presented or made by an organization or person;

(j) the making of inquiries into and reports upon legislation respecting matters referred to in this section in force in Canada and throughout the world and, on the basis of those inquiries and reports, making those recommendations that may be considered advisable with regard to the laws of the province;

(k) the doing of other things or the exercise of other powers that are necessary or desirable for carrying out the purpose of this Act; and

(l) the exercise and discharge of other powers, functions and duties that the Lieutenant-Governor in Council assigns to the minister.

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Consultation and conferences

7. In exercising the minister's powers or carrying out the minister's duties and functions under this Act, the minister may consult with and inaugurate conferences of representatives of those bodies or persons that the minister considers advisable.

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Agreements with governments

8. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into agreements with the Government of Canada or of a province of Canada or an agency of the Government of Canada or of the government of a province providing for

(a) the joint undertaking, by the government of the province or an agency of the government with those other governments, or an agency of those governments, of projects relating to an aspect of the powers, functions or duties of the minister; and

(b) the payment by or to the province of contributions in respect of the cost of projects referred to in paragraph (a).

(2) The minister may, for the purpose of this Act, and subject to the approval of the Lieutenant-Governor in Council, prepare and undertake, alone or with Canada or with a province of Canada, programs of research and investigation, and may coordinate those programs with other similar programs being undertaken in the province or elsewhere in Canada.

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Agreements generally

9. Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into an agreement for the purpose of exercising or discharging the minister's powers, functions or duties.

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Agreements amended

10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

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Prior approval for agreements

11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 8 or 9, the Lieutenant-Governor in Council may approve terms, conditions and monetary limits subject to which the minister may, without prior approval of the Lieutenant-Governor in Council, enter into agreements under section 8 or 9.

(2) Subject to the terms, conditions and monetary limits approved by the Lieutenant-Governor in Council under subsection (1), the minister may enter into an agreement without approval of the Lieutenant-Governor in Council.

(3) Where the minister enters into an agreement under subsection (2), the minister may enter into an amending agreement, subject to those same terms, conditions and limits.

(3) Notwithstanding subsection (3), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

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Implementation of agreements

12. The minister may implement an agreement made under this Act.

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Other departments

13. In carrying out a project or research program under this Act or under an agreement made under this Act, the minister shall, where possible, make use of the services and facilities of other departments of the government.

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Boards, committees, etc.

14. The Lieutenant-Governor in Council may establish boards, committees and councils to assist and advise the minister in administering this Act and appoint the members of those boards, committees and councils.

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Minister's power over boards

15. The rights, duties, powers, liabilities and functions of the minister extend and apply to those boards and other public bodies, officials, subjects, services and properties of the Crown which the Lieutenant-Governor in Council designates and assigns to the minister and over which the minister is given the control, regulation, management and supervision.

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Information from fish business or enterprise

16. (1) A person who manages, directs or has control of a fish business or enterprise or has the control, custody or possession of the accounts, documents or records relating to a fish business or enterprise shall, at the written request of the minister and within a reasonable time that the minister may specify in the request,

(a) provide copies of the accounts, documents or records of that business or enterprise;

(b) provide information that is sought in respect of that business or enterprise or in respect of the accounts, documents or records of that business or enterprise; and

(c) grant access to the accounts, documents or records of that business or enterprise for the purpose of examination by an employee of the department.

(2) In this section "fish business or enterprise" means a business or enterprise that includes in its operations

(a) the catching, producing, processing, buying, selling, exporting or marketing of fish or fish products; or

(b) the manufacture, importation, distribution, purchase or sale of gear, engines, equipment or other supplies used in fishing or in equipping a boat or vessel for fishing activity; or

(c) the construction, manufacturing, importation, distribution, purchase or sale of fishing vessels or hulls to be outfitted as fishing vessels and materials to be used in the construction, repair or modification of those vessels,

but does not include a business or enterprise described in paragraph (a) that operates wholly as a retail outlet.

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Secrecy

17. (1) The minister shall keep every return secret and, except for the purposes of a prosecution under this Act, shall not permit a person other than an employee of the department to have access to a return.

(2) An employee of the department shall not disclose or permit to be disclosed to a person other than the minister or another employee of the department a return or part of a return coming to his or her knowledge which can be identified with or related to an individual return or individual person.

(3) Notwithstanding subsections (1) and (2), the minister may, with the written consent of the person from whom a return is obtained, disclose information in that return.

(4) In this section and section 18, "return" means information, oral or written, obtained as a result of a request under this section or section 18.

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Information may be made available

18. The department may analyze and compile information and statistics from returns and may, with the consent of the minister, make general information and statistics available by publication or otherwise

(a) to a fisher or fisher's organization or association;

(b) to an employer or employers' organization or association engaged in or connected with the fishing industry; and

(c) to a department of government or to another department, body or person.

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Offences re ss.16 and 17

19. (1) A person who wilfully fails to comply with a request made under section 16 is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 for every day or part of a day during which the offence occurs or continues and in default of payment of the fine, to imprisonment for a term not exceeding 1 year or to both a fine and imprisonment.

(2) A person who wilfully gives false or misleading information in a return or in response to a request made under section 16 is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 and in default of payment of the fine, to imprisonment for a term not exceeding 1 year or to both a fine and imprisonment.

(3) A person who has the control, custody or possession of the accounts, documents or records referred to in section 16 and who, within 6 months of a request being made under that section, wilfully destroys, mutilates or falsifies those accounts, documents or records is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 and in default of payment of the fine to imprisonment for a term not exceeding 1 year or to both a fine and imprisonment.

(4) An employee of the department who knowingly discloses information contrary to subsection 17(2) or an employee disclosing information which would if disclosed by the employee constitute an offence under that subsection is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 for every disclosure and in default of payment of the fine to imprisonment for a term not exceeding 1 year or to both a fine and imprisonment.

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Regulations

20. (1) The Lieutenant-Governor in Council may make regulations

(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act;

(b) providing for the management, maintenance, proper use and protection of real or personal property, of which the minister has the management and control; and

(c) generally, to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), prescribe penalties for contravening those regulations.

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Documents

21. (1) An agreement, deed or other writing made or executed under this Act shall not bind the government or the minister or be held to be the act of the government or the minister unless it is signed by the minister or the deputy minister or 1 of the persons designated under subsection 4(4) to exercise the powers and perform the duties of the deputy minister in the circumstances specified.

(2) Subsection (1) does not apply to transactions in the routine course of administering the affairs of the department under this Act.

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Accounts

22. The minister, the deputy minister or an officer named by the minister under subsection 4(4) may require an account furnished by a person, whether in the employ of the department or not, to be attested on oath or affirmation, which oath or affirmation may be administered by the minister, the deputy minister or an officer referred to in subsection 4(4).

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Security

23. The minister, the deputy minister or an officer named by the minister under subsection 4(4) shall have power to require and take security by way of bond or deposit of money for the performance of work in accordance with an agreement entered into with the minister or the department or an employee of the department.

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Actions

24. Unless otherwise provided by law, all actions, suits and other proceedings taken by the minister or the department for the enforcement of an agreement or for the recovery of damages in tort or arising out of contract or for the trial of a right in respect of real or other property under the control of the minister shall be instituted in the name of the Attorney General.

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Certified copies of documents

25. A copy of a map, plan or other documents in the custody of the department, certified by the deputy minister to be a true copy, is considered to be authentic and is, in the absence of evidence to the contrary, evidence of the same legal effect as the original for the purpose of a proceeding in a court or for another purpose.

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Property

26. (1) The minister, for and in the name of the Crown, may acquire by purchase, lease or otherwise and hold, manage and control real or personal property which the minister considers necessary for the purpose of this Act.

(2) The minister may

(a) sell; or

(b) lease, rent, hire or otherwise dispose of for a period and subject to those terms and conditions that the minister may stipulate,

property of which the minister has the management and control.

(3) All money received by the minister in the exercise of the powers conferred on the minister by subsection (2) shall be paid into the Consolidated Revenue Fund.

(4) Where the Crown acquires or disposes of property through the minister, the minister or the deputy minister may execute all deeds and documents on behalf of the Crown with his or her signature and official title and with the seal of the department.

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Entry on land

27. (1) The minister, after giving

(a) to the owner of land, where the owner is known and available and can easily be contacted; or

(b) to the occupier of occupied land, whether or not the occupier is the owner of the land, where the occupier lives on a part of the land or is known and available and can easily be contacted,

reasonable notice, may authorize an engineer, agent, servant or worker employed by or under the minister to enter into and upon the land and survey the land and make those borings or sink those trial-pits and cut those trees that the minister considers necessary relative to the work under his or her control and where agreement cannot be reached between the minister and the party having ownership of the land as to compensation to be paid, the amount of compensation shall be ascertained in the manner provided by law for assessing the compensation payable where land is expropriated.

(2) The minister shall, by his or her engineers, agents, servants and workers,

(a) in doing anything authorized by subsection (1), exercise reasonable precautions to prevent fires; and

(b) fill in, as soon as practicable, the borings and trial-pits referred to in subsection (1), as nearly as reasonably possible to the condition existing before the borings were made and the trial-pits were sunk.

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Prohibition

28. A person shall not

(a) obstruct or interfere with an engineer, agent, servant or worker of the minister engaged in exercising, on behalf of the minister, power under this Act; or

(b) interfere with an erection placed upon or work done on land under this Act.

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Payments

29. Payments required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund.

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Offences

30. (1) A person who contravenes this Act or the regulations is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on summary conviction in the case of a 1st conviction to a fine not exceeding $500 and in the case of a 2nd or subsequent conviction for a similar offence to a fine not exceeding $1,000 and, in either case, in default of payment to imprisonment for a term not exceeding 3 months.

(2) For the purpose of subsection (1), a conviction is not considered to be a 2nd or subsequent conviction unless it is in respect of an offence committed within 12 months after a prior offence, and all convictions that are not 2nd or subsequent convictions are considered 1st convictions.

(3) Every continuance for a day or a part of a day of the contravention referred to in subsection (1) constitutes a separate offence.

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Consent to prosecution

31. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

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Schedule

1. Aquaculture Act

2. Blue Wave-Blue Mist II Disaster Fund Association Act, 1966-67

3. Cold Storage Encouragement Act

4. Fish Inspection Act

5. Fish Oil and Meal Act

6. Fisheries Loan Act

7. Fisheries Restructuring Act

8. Fishery Products International Limited Act

9. Fishery Salt Sale and Distribution Act

10. Fishing and Coastal Vessels Rebuilding and Repairs Bounties Act

11. Fishing Ships Bounties Act

12. Foreign Fishing Vessels Act, 1905 c.4

13. Missing Vessels Reporting Act

14. National Sea Products Limited (Grants and Subsidies) Act, 1971

15. Newfoundland Federation of Fishermen Act, 1951

16. Newfoundland Fisheries Board Act, RSN1952 c.207

17. Pickled Fish and Fish Oils Inspection Act

18. Salt Fish Marketing Act

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