Fishery (General) Regulations

39.1 (1) The Regional Director-General may designate as an observer any corporation that has submitted

• (a) a description of a program that is capable of accurately collecting and compiling information obtained by individual observers in the course of their duties under subsection 39(2) and that includes

  • (i) a business plan for the corporation that describes the organization of the corporation, its human resources and its plan of operations,

  • (ii) a plan for the training and independent examination of individuals who will be designated as observers to perform the duties described in subsection 39(2), and for the supervision of those observers, and

  • (iii) a quality control system for ensuring the integrity of the information collected and compiled that identifies a person responsible for the system and his or her duties, and that describes the operation of the system, the manner in which records are kept, the control points, the verification procedures and the process for correcting deficiencies in the system;

• (b) a statement that discloses all conflicts of interest that the corporation or any of its directors, officers or employees, or any shareholder having a significant interest in the corporation may have with the fishing industry, and that explains how those conflicts are to be resolved; and

• (c) evidence of the corporation’s financial viability, or a performance bond guaranteeing three months of operation.

(2) An observer designated under subsection (1) has the following duties:

• (a) to comply with the program submitted under paragraph (1)(a);

• (b) to transmit to the Department, in a timely manner, the information collected and compiled as part of the program;

• (c) to disclose all conflicts of interest that arise after the observer’s designation and explain how they are to be resolved; and

• (d) to resolve any conflicts of interest disclosed under paragraph (c) or paragraph (1)(b).

(3) The Regional Director-General may revoke the designation of an observer designated under subsection (1) if the observer

• (a) falsifies any information transmitted in the course of its duties or fails to perform those duties; or

• (b) fails to maintain the performance bond submitted under paragraph (1)(c).