Atlantic Fishery Regulations, 1985 (SOR/86-21)

17.2 (1) The following definitions apply in this Part.

family member

family member has the meaning assigned by paragraph (a) of the definition related persons in subsection 251(2) of the Income Tax Act. (membre de la famille)

inshore family fishing corporation

inshore family fishing corporation means a corporation that operates an inshore fishing enterprise and that meets the following conditions:

• (a) 100% of its voting shares are held by a licence holder;

• (b) the sole director is the licence holder or, if the licence holder is a corporation, all of the shares of which belong to one individual, that individual; and

• (c) 100% of its non-voting shares, if any, are held by

  • (i) a member of the licence holder’s family or, if the licence holder is a corporation, all of the shares of which belong to one individual, a member of that individual’s family, or

  • (ii) an inshore fishing corporation or an inshore fishing family trust. (société familiale de pêche côtière)

inshore fishing corporation

inshore fishing corporation means a corporation that meets the following conditions:

• (a) 100% of its voting shares are held by a licence holder;

• (b) the sole director is the licence holder or, if the licence holder is a corporation, all of the shares of which belong to one individual, that individual; and

• (c) 100% of its non-voting shares, if any, are held by

  • (i) a member of the licence holder’s family or, if the licence holder is a corporation, all of the shares of which belong to one individual, a member of that individual’s family, or

  • (ii) an inshore fishing corporation or an inshore fishing family trust. (société de pêche côtière)

inshore fishing family trust

inshore fishing family trust means a trust

• (a) that has as its sole trustee a licence holder or, if the licence holder is a corporation all of the shares of which belong to one individual, that individual; and

• (b) for which each beneficiary must be either a member of the licence holder’s family or, if the licence holder is a corporation all of the shares of which belong to one individual, a member of that individual’s family or an inshore fishing company. (fiducie familiale de pêche côtière)

(2) For the purposes of the definition family member, common-law partnership is to be read as a person who is cohabiting with a licence holder in a relationship of a conjugal nature and has done so for a period of at least one year.