Freshwater Fish Marketing Act (R.S.C., 1985, c. F-13)

Act current to 2016-05-12 and last amended on 2012-03-16. Previous Versions

Freshwater Fish Marketing Act

R.S.C., 1985, c. F-13

An Act to establish the Freshwater Fish Marketing Corporation and to regulate interprovincial and export trade in freshwater fish

Short Title

Marginal note:Short title

 This Act may be cited as the Freshwater Fish Marketing Act.

  • R.S., c. F-13, s. 1.

Interpretation

Marginal note:Definitions

 In this Act,

Board

conseil

Board means the Board of Directors of the Corporation; (conseil)

Chairman

Chairman[Repealed, 2006, c. 9, s. 276]

Chairperson

Version anglaise seulement

Chairperson means the Chairperson of the Board; (Version anglaise seulement)

container

emballage

container includes any type of receptacle, package, wrapper or confining band, used in packing or marketing fish; (emballage)

Corporation

Office

Corporation means the Freshwater Fish Marketing Corporation established by subsection 3(1); (Office)

Minister

ministre

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

province participante

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

président

President means the President of the Corporation. (président)

  • R.S., 1985, c. F-13, s. 2;
  • 2006, c. 9, s. 276(E).

PART IFreshwater Fish Marketing Corporation

Constitution of the Corporation

Marginal note:Corporation established
  •  (1) 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.

  • Marginal note:Appointment of Chairperson and President

    (2) 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.

  • Marginal note:Appointment of directors

    (3) 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.

  • Marginal note:Appointment

    (4) 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.

  • Marginal note:Eligibility

    (5) 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.

  • Marginal note:Re-appointment

    (6) 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.

  • Marginal note:Vacancies

    (7) 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.

  • Marginal note:Temporary substitute directors

    (8) 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.

  • R.S., 1985, c. F-13, s. 3;
  • R.S., 1985, c. 1 (4th Supp.), s. 44(E);
  • 2006, c. 9, ss. 277, 278(E).
Marginal note: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.

  • R.S., 1985, c. F-13, s. 4;
  • 2006, c. 9, s. 278(E).
Marginal note:Management vested in President
  •  (1) 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.

  • Marginal note:Absence or incapacity of President

    (2) 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.

  • R.S., c. F-13, s. 5.
Marginal note:Salaries and fees
  •  (1) 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.

  • Marginal note:Expenses

    (2) 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.

  • R.S., 1985, c. F-13, s. 6;
  • 2006, c. 9, s. 278(E).

Purpose and Powers

Marginal note: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

  • (a) buy fish and dress, fillet, freeze, package or otherwise prepare fish for market;

  • (b) buy, manufacture or produce fish products and fish by-products and package or otherwise prepare fish products and fish by-products for market;

  • (c) 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;

  • (d) purchase, lease or otherwise acquire and hold, sell or otherwise deal with any real property;

  • (e) establish branches or employ agents in Canada or elsewhere;

  • (f) 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;

  • (g) borrow money from any bank on the credit of the Corporation;

  • (h) make loans of working capital on a seasonal basis to persons engaged in fishing for commercial purposes in a participating province; and

  • (i) 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.

  • R.S., c. F-13, s. 7;
  • 1984, c. 31, s. 14.
Marginal note: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.

  • R.S., c. F-13, s. 8.

Organization and Staff

Marginal note:Employment of staff
  •  (1) The Corporation may employ such officers and employees as it considers necessary for the proper conduct of its activities.

  • Marginal note:Terms and conditions of employment

    (2) 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.

  • Marginal note:Remuneration

    (3) The persons employed pursuant to subsection (1) shall be paid by the Corporation such remuneration as is fixed by by-law of the Board.

  • R.S., c. F-13, s. 9.
 
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