Legislative Assembly of New Brunswick
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An Act to Amend the Fisheries Bargaining Act

Legislature :
54
Session :
4
Bill No. :
16
Member :
Hon. McFarlane
First Reading :
2001-12-13
Second Reading :
2001-12-14
Committee of the Whole :
2001-12-21
Amended :
Third Reading :
2001-12-21
Royal Assent :
2001-12-21

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Fisheries Bargaining Act, chapter F-15.01 of the Acts of New Brunswick, 1982, is amended

       (a) by repealing the definition "Board" and substituting the following:

"Board" means the Labour and Employment Board established under the Labour and Employment Board Act;

       (b) by repealing the definition "Chief Executive Officer" and substituting the following:

"Chief Executive Officer" means the chief executive officer appointed under the Labour and Employment Board Act;

       (c) in the definition «conseil d'organisation de pêcheurs» in the French version by striking out "négocations" and substituting "négociations".

2 Subsection 91(6) of the French version of the Act is amended by striking out "autre autre" and substituting "autre".

3 Subsection 92(3) of the Act is amended by striking out "Chairman" and substituting "Chairperson or a Vice-Chairperson".

4 Section 94 of the French version of the Act is amended by striking out "doit" and substituting "dont".

5 Section 95 of the Act is repealed.

6 Section 96 of the Act is repealed.

7 Section 97 of the Act is amended

       (a) in subsection (3) of the French version by striking out "dispositon" and substituting "disposition";

       (b) by repealing subsection (4);

       (c) by repealing subsection (5).

8 Section 98 of the Act is repealed.

9 Section 99 of the Act is repealed.

10 Section 100 of the Act is repealed and the following is substituted:

100 The Board may appoint an Executive Committee of the Board composed of the Chairperson of the Board and the Chief Executive Officer or composed of the Chairperson and
the Secretary of the Board when the Chairperson is acting Chief Executive Officer.

11 Subsection 101(3) of the Act is amended by striking out ", as may be the case".

12 Paragraph 102(2)(b) of the English version of the Act is amended in the portion preceding subparagraph (i) by striking out "council" and substituting "councils".

13 Subsection 104(1) of the Act is amended by striking out "Chairman" and substituting "Chairperson or a Vice-Chairperson".

14 Section 106 of the Act is amended

       (a) by repealing subsection (1) and substituting the following:

106(1) The chairman and members of a conciliation board, the chairman and members of a fishing industry inquiry commission, a mediator or a mediation officer, and a person
appointed by the Chief Executive Officer under section 86 shall be paid remuneration for their services and expenses as the Lieutenant-Governor in Council may prescribe.

       (b) in subsection (2) of the French version by striking out "conciliateur" and substituting "agent de médiation";

       (c) by repealing subsection (3) and substituting the following:

106(3) The Minister may provide a conciliation board, a fishing industry inquiry commission, a mediator or mediation officer, or other person appointed under section 86 with a
secretary, stenographer, and such clerical or other assistance as the Minister deems necessary for the performance of its or his or her duties and fix their remuneration.

       (d) by repealing subsection (4) and substituting the following:

106(4) All expenses of a conciliation board, a fishing industry inquiry commission, a mediator or mediation officer, or other person appointed under section 86 shall be allowed
and paid upon the presentation of an account which shall be approved by the chairman of the conciliation board or commission when the expenses relate to the conciliation board
or commission.

15 Section 107 of the Act is repealed.

16 Subsection 108(1) of the French version of the Act is amended by striking out "queston" and substituting "question".

17 The Fishing Industry Relations Board established under the Fisheries Bargaining Act is abolished on the commencement of this Act.

18 No action, application or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province as a result of the abolition of the Fishing
Industry Relations Board.

19 Any decision, determination, direction, declaration, order, interim order or ruling of the Fishing Industry Relations Board that is valid and of full force and effect
immediately before the commencement of this Act continues to be valid and of full force and effect, notwithstanding the abolition of the Fishing Industry Relations Board,
and shall be deemed to be the decision, determination, direction, declaration, order, interim order or ruling of the Labour and Employment Board.

20(1) The enacting clause of New Brunswick Regulation 82-199 under the Fisheries Bargaining Act is amended by striking out "Fishing Industry Relations".

20(2) Subsection 1(1) of the Regulation is amended by striking out "Fishing Industry Relations Board" and substituting "Labour and Employment Board".

20(3) Paragraph 55(1)(b) of the Regulation is repealed and the following is substituted:

       (b) where it is mailed by registered mail addressed to the Board at its office in Fredericton, New Brunswick, at the time it is mailed.

20(4) Subsection 64(2) of the Regulation is amended by striking out "the Board Room" and substituting "the office of the Board".

20(5) Section 67 of the Regulation is amended by striking out "Chairman or a vice-chairman" and substituting "Chairperson or a Vice-Chairperson of the Board".

21 Form 2 of New Brunswick Regulation 84-2 under the Fisheries Bargaining Act is amended

       (a) by striking out "Fishing Industry Relations Board" wherever it appears and substituting "Labour and Employment Board";

       (b) by striking out "FISHING INDUSTRY RELATIONS BOARD" and substituting "LABOUR AND EMPLOYMENT BOARD".

                                                                        Labour and Employment Board Act

22(1) Section 1 of the Labour and Employment Board Act, chapter L-0.01 of the Acts of New Brunswick, 1994, is amended by adding the following definitions in
alphabetical order:

"buyers' organization" means a buyers' organization as defined in the Fisheries Bargaining Act;

"employee" includes a fisherman as defined in the Fisheries Bargaining Act;

"employer" includes a buyer as defined in the Fisheries Bargaining Act;

"fishermen's organization" means a fishermen's organization as defined in the Fisheries Bargaining Act;

22(2) Paragraph 2(3)(b) of the Act is amended by striking out "or an employers' organization" and substituting a comma followed by "a fishermen's organization, an
employers' organization or a buyers' organization".

22(3) Subsection 7(2) of the Act is amended by adding after paragraph (a) the following:

       (a.1) the Fisheries Bargaining Act,

22(4) Section 24 of the Act is amended by adding after paragraph (a) the following:

       (a.1) the Fishing Industry Relations Board under the Fisheries Bargaining Act,

         

 

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