GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fisheries Development Act — F-21
fishery resources includes fish, molluscs, crustaceans, marine mammals and marine plants; ( ressources de la pêche )
Fisheries Development Act — F-21
Minister means the Minister of Fisheries and Oceans. ( ministre )
Fisheries Development Act — F-21 3
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. 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). 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). 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. 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. R.S., c. F-21, s. 3
Fisheries Development Act — F-21 4
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. R.S., c. F-21, s. 4
Fisheries Development Act — F-21 5
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. R.S., c. F-21, s. 5; 1973-74, c. 25, s. 1; 1974, c. 4, s. 1
Fisheries Development Act — F-21 6
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. R.S., c. F-21, s. 6
Fisheries Development Act — F-21 7
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. 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. R.S., c. F-21, s. 7
Fisheries Development Act — F-21 8
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. R.S., c. F-21, s. 8
Fisheries Development Act — F-21 9
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. R.S., c. F-21, s. 9
Fisheries Development Act — F-21 10
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. R.S., c. F-21, s. 10
Fisheries Improvement Loans Act — F-22 1
Short title 1 This Act may be cited as the Fisheries Improvement Loans Act . R.S., c. F-22, s. 1
Fisheries Improvement Loans Act — F-22 2
Definitions 2 In this Act, application means an application for a guaranteed loan; ( Version anglaise seulement ) borrower means a fisherman to whom a guaranteed loan has been made; ( emprunteur ) engine means a steam or an internal combustion engine and includes the clutch, reduction gears, shaft, propeller, control and such accessories as properly form part of a mechanism for the propulsion of a fishing vessel; ( machines ) fish includes shellfish, crustaceans and all forms of aquatic life whether animal or vegetable; ( poisson ) fisherman means (a) a person who has or intends to acquire a prescribed interest in a fishing vessel or a proprietory share in a fishing vessel, or (b) a person who has a prescribed interest in a weir, or similar fish catching or trapping device, that is affixed to the ground, or a proprietory share in such a weir or similar fish catching or trapping device, and whose principal occupation is participation in a primary fishing enterprise; ( pêcheur ) fishing equipment means equipment of a prescribed class or kind used in connection with a primary fishing enterprise but does not include a shore installation; ( matériel de pêche ) fishing vessel means any ship or boat or any other description of a vessel, for use in a primary fishing enterprise, that has an engine for its propulsion, and includes the equipment affixed thereto for use in the operation thereof but does not include prescribed electronic equipment; ( navire de pêche ) guaranteed loan means a loan made in accordance with the requirements of section 3; ( prêt garanti ) lender means (a) a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act , (b) a credit union, caisse populaire or other cooperative credit society that is designated by the Minister on the application of that society as a lender for the purposes of this Act, and (c) a corporation that carries on the business of a trust company within the meaning of the Trust Companies Act , the business of a loan company within the meaning of the Loan Companies Act or the business of insurance within the meaning of the Canadian and British Insurance Companies Act , and that is designated by the Minister on the application of that corporation as a lender for the purposes of this Act; ( prêteur ) Minister means the Minister of Fisheries and Oceans; ( ministre ) prescribed means prescribed by regulation; ( Version anglaise seulement ) primary fishing enterprise means an enterprise that is carried on for the purpose of catching or trapping fish for sale, and does not include the processing of fish except as prescribed; ( entreprise de pêche primaire ) shore installation means structures, appliances or machinery affixed to the ground of a prescribed class or kind used in connection with a primary fishing enterprise, but does not include fishing equipment. ( installations au sol ) R.S., 1985, c. F-22, s. 2; 1999, c. 28, s. 165
Fisheries Improvement Loans Act — F-22
application means an application for a guaranteed loan; ( Version anglaise seulement )
Fisheries Improvement Loans Act — F-22
borrower means a fisherman to whom a guaranteed loan has been made; ( emprunteur )
Fisheries Improvement Loans Act — F-22
engine means a steam or an internal combustion engine and includes the clutch, reduction gears, shaft, propeller, control and such accessories as properly form part of a mechanism for the propulsion of a fishing vessel; ( machines )
Fisheries Improvement Loans Act — F-22
fish includes shellfish, crustaceans and all forms of aquatic life whether animal or vegetable; ( poisson )
Fisheries Improvement Loans Act — F-22 (a)
fisherman means (a) a person who has or intends to acquire a prescribed interest in a fishing vessel or a proprietory share in a fishing vessel, or (b) a person who has a prescribed interest in a weir, or similar fish catching or trapping device, that is affixed to the ground, or a proprietory share in such a weir or similar fish catching or trapping device, and whose principal occupation is participation in a primary fishing enterprise; ( pêcheur )
Fisheries Improvement Loans Act — F-22
fishing equipment means equipment of a prescribed class or kind used in connection with a primary fishing enterprise but does not include a shore installation; ( matériel de pêche )
Fisheries Improvement Loans Act — F-22
fishing vessel means any ship or boat or any other description of a vessel, for use in a primary fishing enterprise, that has an engine for its propulsion, and includes the equipment affixed thereto for use in the operation thereof but does not include prescribed electronic equipment; ( navire de pêche )
Fisheries Improvement Loans Act — F-22
guaranteed loan means a loan made in accordance with the requirements of section 3; ( prêt garanti )
Fisheries Improvement Loans Act — F-22 (a)
lender means (a) a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act , (b) a credit union, caisse populaire or other cooperative credit society that is designated by the Minister on the application of that society as a lender for the purposes of this Act, and (c) a corporation that carries on the business of a trust company within the meaning of the Trust Companies Act , the business of a loan company within the meaning of the Loan Companies Act or the business of insurance within the meaning of the Canadian and British Insurance Companies Act , and that is designated by the Minister on the application of that corporation as a lender for the purposes of this Act; ( prêteur )
Fisheries Improvement Loans Act — F-22
Minister means the Minister of Fisheries and Oceans; ( ministre )
Fisheries Improvement Loans Act — F-22
prescribed means prescribed by regulation; ( Version anglaise seulement )
Fisheries Improvement Loans Act — F-22
primary fishing enterprise means an enterprise that is carried on for the purpose of catching or trapping fish for sale, and does not include the processing of fish except as prescribed; ( entreprise de pêche primaire )
Fisheries Improvement Loans Act — F-22
shore installation means structures, appliances or machinery affixed to the ground of a prescribed class or kind used in connection with a primary fishing enterprise, but does not include fishing equipment. ( installations au sol )
Fisheries Improvement Loans Act — F-22 3
Minister to pay losses of lenders 3 The Minister shall, subject to this Act, pay to a lender the amount of loss sustained by it as a result of a loan made to a fisherman pursuant to an application by the fisherman in any case where (a) the application stated that the loan was required by the fisherman for any of the following purposes: (i) the purchase or construction of a fishing vessel, (ii) the purchase or construction of fishing equipment, (iii) the major repair or major overhaul of a fishing vessel or its hull, superstructure or engine, (iv) the purchase or construction of a shore installation, (v) the purchase, construction, repair or alteration of or making of additions to any building used or to be used in carrying on a primary fishing enterprise, or (vi) any prescribed development or improvement of a primary fishing enterprise; (b) the application was in prescribed form and was signed by the fisherman making the application; (c) a responsible officer of the lender certified that he had scrutinized and checked the application for the loan with the care required by the lender in the conduct of its ordinary business; (d) the aggregate of the principal amount of the loan and the amount that is owing in respect of previous guaranteed loans that were made to the borrower, or to the borrower and all other fishermen with whom the borrower is associated in the same primary fishing enterprise, if made in respect of that primary fishing enterprise, and that is disclosed in the application, or of which the lender had knowledge, did not exceed one hundred and fifty thousand dollars; (e) the loan was repayable in full by the terms thereof in not more than fifteen years; (f) no fee, service charge or charge of any kind other than simple interest at the rate prescribed and a prescribed charge for insurance was, by the terms of the loan, payable to the lender in respect of the loan as long as the fisherman was not in default on the loan; (g) repayment of the loan was secured in prescribed manner; (h) the loan was made on such terms and in accordance with such provisions in addition to those specified in paragraphs (a) to (g) as may be prescribed; and (i) the loan was made prior to the termination of the liability of the Minister under section 5 or 6. R.S., c. F-22, s. 3; 1974, c. 10, s. 9; 1976-77, c. 23, s. 8; 1980-81-82-83, c. 11, s. 1
Fisheries Improvement Loans Act — F-22 4
Minister need not pay if non-compliance 4 The Minister is not liable to pay any amount under section 3 with respect to any loan made after June 28, 1983 if the lender has failed to comply with any regulation made pursuant to this Act respecting the registration of the loan, the making of reports in respect of the loan or the procedure to be followed in making a claim for loss in respect of the loan and, where the Minister decides not to pay, the Minister shall so notify the lender by notice in writing to the lender’s head office. 1980-81-82-83, c. 154, s. 1
Fisheries Improvement Loans Act — F-22 5
Termination of liability 5 The Minister may, with the approval of the Governor in Council, by notice in writing to the head office of a lender terminate the Minister’s liability to the lender under this Act with respect to guaranteed loans made by the lender after a day fixed by the notice, being a day not less than fourteen days after the date of dispatch of the notice. R.S., c. F-22, s. 4
Fisheries Improvement Loans Act — F-22 6
Termination by proclamation 6 (1) The Governor in Council may by proclamation terminate the liability of the Minister in respect of guaranteed loans made in any locality for any of the purposes specified by or under this Act after a day fixed by the proclamation, being a day not less than fourteen days after the publication of the proclamation in the Canada Gazette . Revocation of termination (2) Where a proclamation has been issued under subsection (1) terminating the liability of the Minister in respect of any guaranteed loans, the Governor in Council may by further proclamation revoke the termination in respect of any of those loans. R.S., c. F-22, s. 5
Fisheries Improvement Loans Act — F-22 7
Limitation of Minister’s liability 7 The Minister is not liable under this Act to pay to a lender, in respect of losses sustained by it as a result of guaranteed loans made by it after September 12, 1968, a total amount in excess of (a) ninety per cent of that part of the aggregate principal amount of the guaranteed loans made by the lender that does not exceed one hundred and twenty-five thousand dollars; (b) fifty per cent of that part of the aggregate principal amount of the guaranteed loans made by the lender that exceeds one hundred and twenty-five thousand dollars but does not exceed two hundred and fifty thousand dollars; and (c) ten per cent of that part of the aggregate principal amount of the guaranteed loans made by the lender that exceeds two hundred and fifty thousand dollars. R.S., c. F-22, s. 6
Fisheries Improvement Loans Act — F-22 8
Further limitation of liability 8 (1) The Minister is not liable under this Act to make any payment to a lender in respect of loss sustained by it as a result of a guaranteed loan (a) made during the period commencing on July 1, 1983 and ending on June 30, 1985, after the aggregate principal amount of the guaranteed loans made by all lenders during that period exceeds one hundred million dollars; or (b) made during the period commencing on July 1, 1985 and ending on June 30, 1987, after the aggregate principal amount of the guaranteed loans made by all lenders during that period exceeds thirty million dollars. Idem (2) The Minister is not liable under this Act to make a payment to any lender in respect of a guaranteed loan made after June 30, 1987. R.S., 1985, c. F-22, s. 8; R.S., 1985, c. 37 (1st Supp.), s. 1, c. 41 (2nd Supp.), s. 1
Fisheries Improvement Loans Act — F-22 9
Regulations 9 (1) The Governor in Council may, subject to subsection (2), on the recommendation of the Minister, make regulations (a) prescribing anything that, by this Act, is to be prescribed by regulation; (b) defining for the purposes of this Act the expressions (i) “principal occupation”, (ii) “hull” and “superstructure”, (iii) “repair”, “alteration” and “additions”, and “major” in relation to “repair” and “overhaul”, and (iv) “responsible officer of the lender”; (c) prescribing the forms of receipts, notes and documents to be used in connection with the guaranteed loans or for the effective operation of this Act; (d) respecting the registration of guaranteed loans; (e) providing, notwithstanding anything to the contrary in this Act, that in the event of impending or actual default in the repayment of a guaranteed loan the lender may with the approval of the borrower alter or revise such of the terms of the guaranteed loan or any document connected therewith as are prescribed; (f) prescribing, in the event of default in the repayment of a guaranteed loan, the legal or other measures to be taken by the lender and the procedure to be followed for the collection of the amount of the loan outstanding and the disposal or realization of any security for the repayment thereof held by the lender; (g) prescribing the method of determination of the amount of any loss sustained by a lender as a result of a guaranteed loan; (h) prescribing the procedure to be followed by a lender in making a claim for any loss sustained by it as a result of a guaranteed loan; (i) prescribing the steps to be taken by a lender to effect collection on behalf of the Minister of any guaranteed loan in respect of which payment has been made by the Minister to the lender under this Act, and to provide that on failure by the lender to take such steps the amount of the payment may be recovered by the Minister; (j) requiring reports to be made periodically to the Minister by a lender in respect of guaranteed loans; and (k) generally for carrying the purposes and provisions of this Act into effect. Regulations re certain terms (2) A regulation by the Governor in Council under subsection (1) respecting a rate of interest that may be charged as a term on which a guaranteed loan is to be made shall be made on the recommendation of the Minister and the Minister of Finance. Effect of alteration on Minister’s liability (3) Where any of the terms of a guaranteed loan or any document connected therewith have been altered or revised under paragraph (1)(e), the alteration or revision does not discharge the liability of the Minister in respect of the guaranteed loan. R.S., c. F-22, s. 7; 1980-81-82-83, c. 11, s. 3, c. 154, s. 4
Fisheries Improvement Loans Act — F-22 10
Bank security 10 (1) Notwithstanding anything in the Bank Act or any other Act of Parliament, if a bank makes a guaranteed loan in respect of which it is required by regulation to take security on real or personal property, the bank may at the time of making the loan take as security for the repayment thereof and the payment of interest thereon, (a) a mortgage or hypothec on real or personal property whether or not all or part of the proceeds of the guaranteed loan are to be expended in respect thereof, or (b) an assignment of the rights and interest of a purchaser under (i) an agreement for sale of real or personal property, or (ii) a lien or conditional sale contract for personal property, whether or not all or part of the proceeds of the guaranteed loan are to be expended in respect thereof. Rights in respect of security (2) A bank has and may exercise, in respect of any mortgage, hypothec or assignment taken under this Act and the real or personal property affected thereby, all rights and powers that it would have or might exercise if the mortgage, hypothec or assignment had been taken by the bank by way of subsequent security under the Bank Act . Meaning of “bank” (3) In this section, bank means a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act . R.S., 1985, c. F-22, s. 10; 1999, c. 28, s. 166