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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE CORKY EVANS,

MINISTER OF AGRICULTURE,

FISHERIES AND FOOD

BILL 19 – 1997

FISHERIES RENEWAL ACT

Contents

Section

Definitions

Purpose

Fisheries Renewal BC established

Federal-Provincial agreement

Mandate

First nations' interests in fisheries

Powers and duties of the board

Capacity and powers of Fisheries Renewal BC

Board remuneration

Officers and employees

Pensions

Project and program delivery

Administrative services

Limit on administrative and non-program expenditures

Financial administration

Audit

Business plan

Annual report

Public annual meeting

Fisheries Renewal BC revenue

Investment

Director to disclose interest

Director liable to account

Validity

Disclosure of conflict of office or property

26-27

Consequential Amendments

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Definitions

1 In this Act:

"board" means the board of directors of Fisheries Renewal BC;

"fish" includes

(

a) shellfish, crustaceans and aquatic animals, other than aquatic mammals, and

(

b) aquatic plants;

"minister" means the minister responsible for the administration of this Act.

Purpose

2 The purpose of this Act is to undertake strategic initiatives to renew the fisheries, and

enhance fish, fisheries and fish habitat, in British Columbia.

Fisheries Renewal BC established

(1) A corporation, to be known as Fisheries Renewal BC, is established, consisting

of a board of not more than 12 directors, all to be appointed by the Lieutenant

Governor in Council.

(2) One or 2 of the directors may be individuals who represent the government.

(3) One or 2 of the directors may be individuals nominated by Canada as federal

representatives.

(4) The remaining directors are to be individuals that the Lieutenant Governor in

Council considers are representative of one or more of the following:

(

a) the diversity of the population of British Columbia;

(

b) regional and community fisheries interests;

(

c) first nations;

(

d) the concerns of the various stakeholders interested in fish, fisheries and fish

habitat.

(5) The Lieutenant Governor in Council must appoint one of the directors as chair of

the board.

(6) Fisheries Renewal BC is an agent of the government.

Federal-Provincial agreement

4 For the purpose of accommodating any agreement, arrangement or understanding

between the governments of British Columbia and Canada respecting matters within

the mandate of Fisheries Renewal BC, the Lieutenant Governor in Council may make

regulations as follows:

(

a) respecting the appointment or composition of the board;

(

b) amending

section 3 in a manner consistent with the agreement, arrangement

or understanding as it relates to the appointment of the directors of Fisheries

Renewal BC, the composition of the board or both.

Mandate

(1) Fisheries Renewal BC may undertake programs for

(

a) promoting the protection, conservation and enhancement of fish stocks and

fish habitat,

(

b) strategic investments, in partnership with fisheries sectors and communities, in the diversification and development of fisheries stocks and their

habitats, for example, rebuilding habitats, supporting community based

stream cleaning, stream guardianship projects, developing sustainable

fishing practices and technologies, maximizing added value in fish

processing, supporting seafood and destination tourism marketing initiatives,

(

c) building a multi-skilled workforce in the fisheries sectors, by supporting

employment, training and technological development,

(

d) working with communities to develop strategic plans for

(

i) job creation in the fisheries sectors, and

(ii) the development of local infrastructure that will encourage

employment and investment in the communities,

(

e) providing assistance and advice to the government of British Columbia on

coordinating and delivering programs related to fish, fisheries and fish

habitat, including undertaking a long term strategic plan in cooperation with

the governments of Canada and British Columbia, first nations, local

governments, stakeholders and other interested parties, and

(

f) doing other things, consistent with its mandate and its status as an agent of

the government, in furtherance of an agreement, arrangement or understanding referred to in

section 4 or of other agreements, arrangements or

understandings, relating to fish, fisheries or fish habitat, between or among

the governments of Canada, British Columbia, other provinces, first

nations, local governments or with an official or agency of any of them.

(2) Fisheries Renewal BC must comply with any general or special direction, with

respect to the exercise of its powers, duties and functions, that is made by order

of the Lieutenant Governor in Council.

First nations' interests in fisheries

6 In carrying out its responsibilities, the board and any committee of the board must take

into account the interests of first nations and aboriginal people in the fisheries

resource.

Powers and duties of the board

(1) The board must manage the affairs of Fisheries Renewal BC or supervise the

management of those affairs and may

(

a) exercise the powers conferred on the board under this Act,

(

b) exercise the powers of Fisheries Renewal BC, and

(

c) delegate to the chief executive officer the exercise or performance of any

power or duty conferred or imposed on the board.

(2) The board may pass resolutions it considers necessary or advisable to manage

and conduct the affairs of Fisheries Renewal BC, to exercise the board's powers

and to perform its duties.

Capacity and powers of Fisheries Renewal BC

8 For the purposes of this Act, Fisheries Renewal BC may

(

a) acquire, hold and dispose of personal property,

(

b) subject to the approval of the Lieutenant Governor in Council, borrow

money,

(

c) enter into agreements with the government, local governments, persons,

first nations and other entities referred to in

section 12 for the delivery of

programs,

(

d) subject to the approval of the Lieutenant Governor in Council, enter into

(ii) agreements, other than agreements for the delivery of programs, with

first nations, or

(iii) agreements with an official or agency of any of them,

(

e) subject to the approval of the Lieutenant Governor in Council, provide

financial assistance by way of loan,

(

f) establish advisory committees, and

(

g) do other things that the Lieutenant Governor in Council may authorize.

Board remuneration

9 Fisheries Renewal BC may pay to a director or committee member, other than one

who is a federal representative on the board or committee,

(

a) an allowance for reasonable travelling and incidental expenses necessarily

incurred in carrying out the business of Fisheries Renewal BC, and

(

b) if the director or committee member is not a member of the Legislative

Assembly or a public servant, remuneration at rates set by the Lieutenant

Governor in Council.

Officers and employees

(1) On the recommendation of the board, the Lieutenant Governor in Council may

appoint a person as the chief executive officer of Fisheries Renewal BC.

(2) The chief executive officer must carry out the functions and duties that the board

specifies.

(3) The staff of Fisheries Renewal BC are the chief executive officer and the support

staff that are required by the board, and, in accordance with government policy,

the board may determine the remuneration of the support staff.

(4) On considering the recommendations of the board, the Lieutenant Governor in

Council, in accordance with government policy, may determine the remuneration

of the chief executive officer of Fisheries Renewal BC.

Pensions

11 The Pension (Public Service) Act applies to Fisheries Renewal BC and its employees

and

(

a) Fisheries Renewal BC and its employees is deemed to be an employer and

its employees within the meaning of that Act,

(

b) Fisheries Renewal BC must make deductions from the salaries of the

employees as required under that Act and pay the money to the commissioner under that Act, and

(

c) Fisheries Renewal BC must pay to the commissioner employer's contributions in the amounts equivalent to the amounts required under that Act.

Project and program delivery

(1) Fisheries Renewal BC, for the delivery, in whole or in part, of programs for the

renewal of fisheries and the enhancement of fish, fisheries and fish habitat, may

engage by agreement or retain by agreement

(

a) first nations,

(

b) local governments,

(

c) non-governmental organizations, with experience related to fish, fisheries

or fish habitat,

(

d) community based organizations, with experience related to fish or fisheries

communities,

(

e) persons with experience in the fisheries sectors or in fisheries communities,

(

f) persons with experience related to fish, fisheries or fish habitat.

(2) The Lieutenant Governor in Council, on the recommendation of Treasury Board,

may make regulations

(

a) governing the entering into by Fisheries Renewal BC of agreements under

subsection (1), and

(

b) respecting employment preferences in support of local hiring and

employment of persons with fisheries experience.

Administrative services

13 The Lieutenant Governor in Council may designate administrative services that

Fisheries Renewal BC must obtain from the government or from any government

corporation, agency, branch, department or other government organization or entity

that is specified in the order making the designation.

Limit on administrative and non-program expenditures

14 After consultation with the board, the Lieutenant Governor in Council by order may

limit the amount that Fisheries Renewal BC may commit to its administrative expenditures and non-program expenditures.

Financial administration

(1) The board must establish and maintain an accounting system satisfactory to the

Minister of Finance and Corporate Relations.

(2) Whenever required by the minister, the board must render detailed accounts of its

revenues and expenditures for the period or to the date the minister designates.

(3) All books or records of account, documents and other financial records must at

all times be open for inspection by the minister or a person designated by the

minister.

(4) The Minister of Finance and Corporate Relations may direct the Comptroller

General to examine and report to Treasury Board on any or all of the financial and

accounting operations of Fisheries Renewal BC.

(5) The fiscal year of Fisheries Renewal BC is a period of 12 months beginning on

April 1 in each year and ending on March 31 in the next year.

(6) The Minister of Finance and Corporate Relations is the fiscal agent of Fisheries

Renewal BC.

Audit

16 At least once for each fiscal year, the accounts of Fisheries Renewal BC must be

audited and reported on to the minister and to Fisheries Renewal BC by an auditor

appointed by the Lieutenant Governor in Council, and the costs of the audit must be

paid by Fisheries Renewal BC.

Business plan

(1) Before each fiscal year the board must prepare for that fiscal year a business plan

that is satisfactory to the minister and the board, encompassing the businesses,

activities and other affairs of Fisheries Renewal BC during that fiscal year, that

includes

(

a) revenue and expenditure proposals,

(

b) a statement of assets and liabilities, and

(

c) other information that the Lieutenant Governor in Council may specify.

(2) The business plan must be laid before the Legislative Assembly by the minister,

as soon as practicable.

(3) The board must

(

a) keep copies of the approved business plans of Fisheries Renewal BC, and

(

b) make copies available for inspection by any person during usual business

hours at the head office of Fisheries Renewal BC.

Annual report

18 The board must prepare and deliver to the minister, as soon as practicable after the end

of the fiscal year of Fisheries Renewal BC,

(

a) a report of Fisheries Renewal BC on its operations for the preceding fiscal

year, and

(

b) a financial statement in the form required by the Minister of Finance and

Corporate Relations showing the revenues, expenditures, assets and

liabilities of Fisheries Renewal BC at the end of the preceding fiscal year.

Public annual meeting

(1) Before each fiscal year of Fisheries Renewal BC the board must hold a public

meeting for the purposes of

(

a) providing information and receiving submissions concerning the

businesses, activities and other affairs of Fisheries Renewal BC, from first

nations, local governments, persons, entities and others interested in fish,

fisheries and fish habitat, and

(

b) reviewing the business plan for the upcoming fiscal year and the most

recently available annual report.

(2) Before the public meeting each fiscal year the board must ensure that the

proposed business plan is widely circulated among first nations, local governments, persons, entities and others interested in fish, fisheries and fish habitat.

Fisheries Renewal BC revenue

(1) Forest Renewal BC must advance to Fisheries Renewal BC not less than

(a) $7.7 million for the 1997-98 fiscal year of Fisheries Renewal BC, and

(b) $7.5 million in each of the 1998-99 and 1999-2000 fiscal years, during the

first 30 days of each of those fiscal years.

(2) Money received by Fisheries Renewal BC under subsection (1), or from the

dealt with for its purposes.

(3) A project or program funded by Fisheries Renewal BC under this Act is to be

treated for the purposes of any enactment as funded exclusively by Fisheries

Renewal BC.

Investment

(1) Fisheries Renewal BC must place with the Minister of Finance and Corporate

Relations for investment money it receives but does not immediately require for

carrying out the purposes of this Act.

(2) Money placed with the Minister of Finance and Corporate Relations under this

section is to be treated for all purposes as money placed with that minister under

section 40 (5) of the Financial Administration Act .

Director to disclose interest

(1) Every director of Fisheries Renewal BC who, in any way, directly or indirectly,

is interested in a proposed contract or transaction with Fisheries Renewal BC

must disclose the nature and extent of the director's interest at a meeting of the

directors.

(2) The disclosure required by subsection (1) must be made

(

a) at the meeting at which a proposed contract or transaction is first

considered,

(

b) if the director was not, at the time of the meeting referred to in paragraph

(a), interested in a proposed contract or transaction, at the first meeting after

the director becomes interested, or

(

c) at the first meeting after the relevant facts come to the director's knowledge.

(3) For the purpose of this section, a general notice in writing given by a director of

Fisheries Renewal BC to the other directors to the effect that the director is a

member, director or officer of a specified corporation, or that the director is a

partner in, or owner of, a specified firm, and that the director has an interest in a

specified corporation or firm, is a sufficient disclosure of interest to comply with

this section.

(4) A director of Fisheries Renewal BC is not deemed to be interested or to have been

interested at any time in a proposed contract or transaction merely because,

(

a) if the proposed contract or transaction relates to a loan to Fisheries Renewal

BC, that the director or a specified corporation or specified firm in which

the director has an interest has guaranteed or joined in guaranteeing the

repayment of the loan or any part of the loan,

(

b) if the proposed contract or transaction has been or will be made with or for

the benefit of an affiliated corporation, that he or she is a director or officer

of that corporation,

(

c) that the proposed contract or transaction relates

to an indemnity of the type described in

section 128 of the Company Act

or to insurance of the type described in

section 128 of the Company Act ,

(

d) that the proposed contract or transaction relates to the remuneration of a

director in that capacity.

Director liable to account

(1) Every director referred to in

section 22 (1) must account to Fisheries Renewal BC

for any profit made as a consequence of Fisheries Renewal BC entering into or

performing the proposed contract or transaction

(

a) unless

(

i) he or she discloses his or her interest as required by

section 22,

(ii) after his or her disclosure the proposed contract or transaction is

approved by the directors, and

(iii) he or she abstains from voting on the approval of the proposed

contract or transaction, or

(

b) unless

(

i) the contract or transaction was reasonable and fair to Fisheries

Renewal BC at the time it was entered into, and

(ii) after full disclosure of the nature and extent of his or her interest the

contract or transaction is approved by special resolution of Fisheries

Renewal BC.

(2) A director referred to in

section 22 (1) must not be counted in the quorum at a

meeting of the directors at which the proposed contract or transaction is

approved.

Validity

24 The circumstance that a director is, in any way, directly or indirectly, interested in a

proposed contract or transaction, or a contract or transaction, with Fisheries Renewal

BC does not make the contract or transaction invalid, but, if the matters referred to in

section 23 (1) (

a) or (

b) have not occurred, the Supreme Court, on the application of

the government, of Fisheries Renewal BC or of any interested person, may enjoin

Fisheries Renewal BC from entering into the proposed contract or transaction, or set

aside the contract or transaction, if in existence, or make any other order that the

Supreme Court considers appropriate.

Disclosure of conflict of office or property

(1) Every director of Fisheries Renewal BC who holds any office, or possesses any

property, by which, whether directly or indirectly, a duty or interest might be

created in conflict with his or her duty or interest as a director of Fisheries

Renewal BC, must declare at a meeting of the directors of Fisheries Renewal BC

the fact, and the nature and extent of the conflict.

(2) The declaration must be made by a director referred to in subsection (1) at the first

meeting of the directors held

(

a) after he or she becomes a director, or

(

b) if he or she is already a director, after he or she commenced to hold the

office or possess the property.

Consequential Amendments

Financial Information Act

Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by adding

"Fisheries Renewal BC".

Freedom of Information and Protection of Privacy Act

Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996,

c. 165, is amended by adding the following:

Public Body:

Fisheries Renewal BC

Head:

Chair .

Commencement

28 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Note

In recognition of the importance of the fish, fisheries and fish habitat in British Columbia,

this Act establishes Fisheries Renewal BC as a corporation, for the purpose and with the mandate

set out in the Act, and provides for the funding of the corporation.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada