Fisheries Development Act (R.S.C., 1985, c. F-21)

Short Title

Marginal note:Short title

1 This Act may be cited as the Fisheries Development Act.

Interpretation

Marginal note:Definitions

2 In this Act,

fishery products

fishery products includes any fishery resources and any products derived from fishery resources; (produits de la pêche)

fishery resources

fishery resources includes fish, molluscs, crustaceans, marine mammals and marine plants; (ressources de la pêche)

Minister

Minister means the Minister of Fisheries and Oceans. (ministre)

Fisheries Development Projects

Marginal note:Minister may undertake projects

• 3 (1) The Minister may undertake projects

  • (a) for the more efficient exploitation of fishery resources and for the exploration for and development of new fishery resources and new fisheries;

  • (b) for the introduction and demonstration to fishermen of new types of fishing vessels and fishing equipment and of new fishing techniques; and

  • (c) for the development of new fishery products and for the improvement of the handling, processing and distribution of fishery products.

• Marginal note:Projects with a province

  (2) The Minister may enter into an agreement with any province providing for the undertaking jointly with the government of the province or any agency thereof of any project that the Minister is authorized to undertake under subsection (1).

• Marginal note:Payments to a province

  (3) The Minister may, with the approval of the Governor in Council, enter into an agreement with any province providing for the payment to the province of contributions in respect of the cost of any project that is undertaken by the government of the province or any agency thereof and that the Minister is authorized to undertake under subsection (1).

• Marginal note:Projects with a person

  (4) The Minister may enter into an agreement with any person for the joint undertaking of any project that the Minister is authorized to undertake under subsection (1) or for the payment to any person of contributions in respect of the cost of any such project undertaken by that person.

• Marginal note:Economic studies

  (5) For the purpose of assisting the formulation and assessment of fisheries development projects, the Minister may undertake economic studies alone or jointly with the government of any province or agency thereof or with any university, educational institution or person, and may coordinate any such studies with similar studies undertaken in Canada.

Marginal note:Services, etc., of other departments

4 The Minister shall, in carrying out any project or economic study under this Act, make use, wherever possible, of the services and facilities of other departments of the Government of Canada or of any agencies thereof.

Marginal note:Minister may make payments

5 The Minister may make payments to such persons or classes of persons, in such amounts and on such terms and conditions as may be prescribed by the Governor in Council,

• (a) for the construction and equipment of commercial cold storages, or commercial bait freezing facilities equipped with mechanical refrigeration, that will be suitable for the preservation of fishery products;

• (b) for the modification of commercial cold storages, or commercial bait freezing facilities equipped with mechanical refrigeration, to make the cold storages or bait freezing facilities suitable for the preservation of fishery products;

• (c) for the construction, modification, conversion and equipment of fishing vessels; and

• (d) for the construction and equipment of commercial ice-making and ice-storing facilities, or commercial fish-chilling facilities, that will contribute to improvements in productivity in commercial fishing operations.

Terms and Conditions of Agreements

Marginal note:Provisions to be included in agreements

6 Every agreement entered into pursuant to subsection 3(2) or (3) shall specify

• (a) the respective proportions of the cost of any project to which the agreement relates that are to be paid by the Minister and the province, or the contribution in respect of any such project that is to be paid by the Minister, and the times at which the amounts to be paid by the Minister or the province are to be paid;

• (b) the authority that is to be responsible for the undertaking, operation and maintenance of any project or any part thereof to which the agreement relates;

• (c) the respective proportions of the revenues from any project to which the agreement relates that are to be paid to the Minister and the province; and

• (d) the terms and conditions respecting the operation and maintenance of any project to which the agreement relates and the charges, if any, to be charged to persons to whom any of the benefits of the project are made available.

General

Marginal note:Advisory committees

• 7 (1) The Minister may, in order to carry out the purposes and provisions of this Act, establish such advisory committees as he deems necessary and appoint the members thereof.

• Marginal note:Remuneration and expenses of members

  (2) Each member of a committee established under subsection (1) is entitled to be paid such amount for each day he attends any meeting of the committee as may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses while absent from his ordinary place of residence in the course of his duties under this Act.

Marginal note:Validity of agreements

8 No agreement entered into pursuant to subsection 3(2), (3) or (4) providing for the payment of any money by the Minister has any force or effect until such time as money has been appropriated by Parliament for the purpose of discharging any commitment under that agreement.

Marginal note:Regulations

9 The Governor in Council may make regulations

• (a) prescribing, for the purposes of section 5, the persons to whom payments may be made, the maximum amount of each payment and the terms and conditions on which the payments may be made;

• (b) prescribing matters, including matters similar to those required to be specified in an agreement under subsection 3(2) or (3), to be provided for in agreements entered into pursuant to subsection 3(4); and

• (c) with respect to any other matter concerning which he deems regulations necessary or desirable to carry out the purposes and provisions of this Act.

Marginal note:Report

10 The Minister shall, as soon as possible after the termination of each fiscal year, submit a report to Parliament respecting the operations for that year under this Act and under agreements made under this Act.