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Bill C-44

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Freshwater Fish Marketing Corporation

R.S., c. F-13

Amendments to the Freshwater Fish Marketing Act

113. (1) The definition ``Chairman'' in section 2 of the English version of the Freshwater Fish Marketing Act is repealed.

(2) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

``Chair-
person'' Version anglaise seulement

``Chairperson'' means the Chairperson of the Board;

114. Subsections 3(5) and (6) of the Act are repealed.

115. Subsection 6(1) of the Act is replaced by the following:

Remunera-
tion and fees

6. (1) The President shall be paid by the Corporation remuneration 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 any fees for attendances at meetings of the Board or any committee of the Board that are fixed by the Governor in Council.

116. Subsection 10(2) of the Act is replaced by the following:

Compensa-
tion

(2) The directors and officers and employees of the Corporation are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

117. Section 17 of the Act is replaced by the following:

Advisory Committee

17. (1) There is hereby established, for the purpose of assisting the Corporation, an Advisory Committee, consisting of eleven members having the qualifications prescribed by any regulations made pursuant to paragraph 18.1(4)(c) .

Election of members

(2) The members of the Advisory Committee shall be elected, in accordance with section 18.1 and any regulations made pursuant to that section, by voters who have the qualifications prescribed by those regulations.

Term

17.1 (1) The members of the Advisory Committee hold office for a term of four years commencing on January 1 in the year next following the year in which an election of members of the Advisory Committee is held.

Until successors elected

(2) Notwithstanding subsection (1), the members of the Advisory Committee hold office until their successors are declared elected pursuant to subsection 18.1(7).

Vacancy

(3) Where an electoral district has no member on the Advisory Committee, whether by reason of an elected member ceasing to have the prescribed qualifications or otherwise, the Minister may appoint a person to be a member for the remainder of the term.

Chairperson and vice-
chairperson

17.2 (1) The members of the Advisory Committee shall elect from their number a chairperson and vice-chairperson.

Tenure

(2) A person elected to an office under subsection (1) holds that office for a term of one year and ceases to hold that office if the person ceases to be a member of the Advisory Committee.

Chairperson or vice-
chairperson to preside

(3) The chairperson of the Advisory Committee or, in the event of the absence or incapacity of the chairperson or if the office of chairperson is vacant, the vice-chairperson shall preside at all meetings of the Advisory Committee.

Acting chairperson

(4) If both the chairperson and vice-chairperson are absent or unable to act or both offices are vacant, the members of the Advisory Committee present at a meeting of the Advisory Committee shall elect from their number a member to act as chairperson.

118. The Act is amended by adding the following after section 18:

Election year

18.1 (1) The Corporation shall, every four years, hold an election of members of the Advisory Committee in accordance with this section and any regulations hereunder.

Manner of voting

(2) Voting in an election of members of the Advisory Committee shall be by ballot.

One vote

(3) Each voter shall have one vote.

Regulations

(4) The Governor in Council may make regulations respecting the conduct of an election of members of the Advisory Committee and in particular may make regulations

    (a) prescribing the times, within the year in which the election is to be held, when the list of voters qualified to vote in the election are to be prepared and revised, the nominations are to be made and the poll is to be taken;

    (b) establishing the boundaries and names of eleven electoral districts within the participating provinces;

    (c) prescribing the qualifications of members of the Advisory Committee and of voters;

    (d) providing for the preparation and revision of lists of voters qualified to vote in the election;

    (e) governing the making and withdrawing of nominations;

    (f) respecting the amount, filing and forfeiture of deposits;

    (g) respecting acclamations;

    (h) prescribing the form of ballots; and

    (i) respecting the casting, counting, recounting, disqualification and reporting of votes and the making of returns.

Corporation to supervise election

(5) The Corporation shall direct and supervise the conduct of an election and for those purposes may

    (a) employ any person in the conduct or management of the election and pay that person any fees, costs, allowances and expenses that the Corporation may fix by tariff, contract or otherwise;

    (b) pay the costs of the election incurred by or on behalf of the Corporation, including any costs incurred in the preparation, printing and distribution of material describing individual candidates in the election that the Corporation may authorize; and

    (c) provide each person who is qualified as a candidate in the election with a list of the names and mailing addresses of the persons qualified to vote in the electoral district for which that candidate is nominated.

Confiden-
tiality of list

(6) Where in accordance with paragraph (5)(c) the Corporation provides a candidate with a list of persons qualified to vote in the election, the candidate shall not use the list for any purpose other than that of conducting the candidate's election campaign and shall, as soon as possible after completion of the campaign, return the list and all copies of it to the Corporation.

Return of elected candidates

(7) On completion of the counting of all votes cast in an election of members of the Advisory Committee, the Corporation shall declare elected as a member of the Advisory Committee the candidate in each of the eleven electoral districts who has obtained the largest number of votes cast in the electoral district for which the candidate was nominated.

119. (1) The definition ``fisherman'' in section 19 of the English version of the Act is repealed.

(2) Section 19 of the English version of the Act is amended by adding the following in alphabetical order:

``fisher''
« pêcheur »

``fisher'' means a person licensed to fish for commercial purposes in a participating province.

(3) The definition « pêcheur » in section 19 of the French version of the Act is replaced by the following:

« pêcheur »
``fisher''

« pêcheur » Titulaire d'une licence de pêche commerciale dans une province participante.

120. (1) Paragraph 22(1)(b) of the English version of the Act is replaced by the following:

    (b) increasing returns to fishers ; and

(2) Subsection 22(2) of the Act is replaced by the following:

Corporation to buy all fish offered

(2) All fish lawfully fished by a fisher and offered by the fisher or by a person acting on behalf of the fisher for sale to the Corporation for disposal in interprovincial or export trade shall be bought by the Corporation from the fisher on such terms and conditions and for such price as may be agreed on by the Corporation and the fisher subject to any applicable scheme for payment established and operated by the Corporation pursuant to section 23.

Terminology

121. The English version of the Act is amended by replacing the word ``Chairman'' with the word ``Chairperson'' in the following provisions:

    (a) subsections 3(1) to (3);

    (b) subsection 3(8); and

    (c) section 4.

Transitional Provisions

First election

122. (1) In the year after the coming into force of this section, the Freshwater Fish Marketing Corporation shall hold the first election of members of the Advisory Committee in accordance with section 18.1 of the Freshwater Fish Marketing Act, as enacted by section 118 of this Act.

Members cease to hold office

(2) Members of the Advisory Committee who hold office pursuant to section 17 of the Freshwater Fish Marketing Act, as that section read immediately before the coming into force of section 117 of this Act, cease to hold office on the election of members of the Advisory Committee in accordance with section 18.1 of that Act, as enacted by section 118 of this Act.

Fisheries Prices Support Board

Closing out Affairs of Board

Definitions

123. The definitions in this section apply in sections 124 to 126.

``Board''
« Office »

``Board'' means the Fisheries Prices Support Board, established under subsection 3(1) of the Fisheries Prices Support Act.

``Her Majesty''
« Sa Majesté »

``Her Majesty'' means Her Majesty in right of Canada.

``Minister''
« ministre »

``Minister'' means the Minister of Fisheries and Oceans.

Board dissolved

124. The Board is hereby dissolved.

Rights and obligations transferred

125. (1) All rights and property held by or in the name of or in trust for the Board and all obligations and liabilities of the Board are deemed to be rights, property, obligations and liabilities of Her Majesty.

References

(2) Every reference to the Board in any deed, contract or other document executed by the Board in its own name shall, unless the context otherwise requires, be read as a reference to Her Majesty.

Closing out affairs

(3) The Minister may do and perform all acts and things necessary for and incidental to closing out the affairs of the Board.

Commence-
ment of legal proceedings

126. (1) Any action, suit or other legal proceeding in respect of any obligation or liability incurred by the Board, or by the Minister in closing out the affairs of the Board, may be brought against Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board.

Commence-
ment of legal proceedings

(2) Any action, suit or other legal proceeding in respect of any right of the Board, or any right acquired by the Minister in closing out the affairs of the Board, may be brought by Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought by the Board.

Continuation of legal proceedings

(3) Any action, suit or other legal proceeding to which the Board is party pending in any court on the coming into force of this section may be continued by or against Her Majesty in the like manner and to the same extent as it could have been continued by or against the Board.

Consequential Amendments

R.S., c. A-1

Access to Information Act

127. Schedule I to the Access to Information Act is amended by striking out the following under the heading ``Other Government Institutions'':

Fisheries Prices Support Board

    Office des prix des produits de la pêche

R.S., c. F-11

Financial Administration Act

128. Schedule II to the Financial Administration Act is amended by striking out the following:

Fisheries Prices Support Board

    Office des prix des produits de la pêche

R.S., c. M-13

Municipal Grants Act

129. Schedule III to the Municipal Grants Act is amended by striking out the following:

Fisheries Prices Support Board

    Office des prix des produits de la pêche

R.S., c. P-21

Privacy Act

130. The schedule to the Privacy Act is amended by striking out the following under the heading ``Other Government Institutions'':

Fisheries Prices Support Board

    Office des prix des produits de la pêche

R.S., c. P-35

Public Service Staff Relations Act

131. Part I of Schedule I to the Public Service Staff Relations Act is amended by striking out the following:

Fisheries Prices Support Board

    Office des prix des produits de la pêche

R.S., c. P-36

Public Service Superannuation Act

132. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

Fisheries Prices Support Board

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