T-11.01, r. 2 - Regulation respecting permits for acquirers of marine products

Updated to 1 January 2014

This document has official status.

chapter T-11.01, r. 2

Regulation respecting permits for acquirers of marine products

Marine Products Processing Act

(chapter T-11.01, s. 45).

The amounts prescribed in this Regulation have been indexed as of 1 January 2014 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 30 November 2013, page 1294. (ss. 1, 3)

DIVISION I CONDITIONS FOR ISSUE AND RENEWAL OF PERMITS

1. The Minister of Agriculture, Fisheries and Food shall issue a marine products acquirer’s permit to a person who:

(1)  applies therefor in the form in Schedule I;

(2)  furnishes the guarantee prescribed by Division II;

(3)  pays a fee of $367 by postal money order or cheque payable to the order of the Minister of Finance.

O.C. 1313-87, s. 1; O.C. 338-93, s. 1.

2. The permit must indicate:

(1)  the name and address of the holder;

(2)  the number of the permit;

(3)  the dates of coming into force and expiry of the permit;

(4)  the place of operation of the permit;

(5)  the conditions, restrictions or prohibitions determined by the Minister under section 16 of the Marine Products Processing Act (chapter T-11.01).

O.C. 1313-87, s. 2.

3. The Minister shall renew the permit of a holder satisfying the following conditions:

(1)  he applies in the form in Schedule I;

(2)  he pays a fee of $367 by postal money order or cheque payable to the order of the Minister of Finance;

(3)  he indicates any change in the information required under the form in Schedule I;

(4)  he furnishes the guarantee prescribed by Division II.

O.C. 1313-87, s. 3; O.C. 338-93, s. 2.

3.1. The fees provided for in sections 1 and 3 shall be indexed on 1 January of each year on the basis of the rate of increase in the general Consumer Price Index for Canada for the 12-month period ending on 30 September of the preceding year, as determined by Statistics Canada.

The fees indexed in the prescribed manner shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they shall be increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50.

The Minister shall inform the public, through Part 1 of the Gazette officielle du Québec or by such other means as he considers appropriate, of the indexing calculated under this section.

O.C. 338-93, s. 3.

DIVISION II GUARANTEE

4. A person applying for the issue or renewal of a permit shall furnish at the time of his application and shall keep for the duration of his permit a $50,000 guarantee in the form of security issued by a company legally authorized to provide surety or a letter of guarantee for the benefit of the Minister of Agriculture, Fisheries and Food.

O.C. 1313-87, s. 4.

5. The guarantee shall remain in force for the duration of the permit and shall provide that the surety or the guarantor remains bound by a debt due originating during the period covered by the guarantee, provided that the fisherman serves his claim on the Minister by certified mail within 20 days of default by the holder of the permit to meet his obligation.

O.C. 1313-87, s. 5.

6. The surety or the guarantor may terminate the security or letter of guarantee by serving a notice on the holder of the permit and the Minister by certified mail giving not less than 60 days notice of the date on which he intends to terminate the guarantee.

Where a new guarantee cannot be furnished by the holder of a permit on the date of termination of the guarantee referred to in the first paragraph, the surety or the guarantor remains obligated as prescribed by section 5.

O.C. 1313-87, s. 6.

7. The guarantee shall provide for payment of claims based on the debt of a fisherman who cannot receive from the holder of a permit payment for marine products sold to him during the life of the permit, within 15 days of the delivery of the products or at the time prescribed by the contract in writing between the parties.

O.C. 1313-87, s. 7.

8. A fisherman shall send his claim in writing to the Minister by certified mail within 20 days of either of the times mentioned in section 7, setting out the nature and amount of the debt and furnishing relevant documentary proof.

The Minister shall immediately give formal notice to the holder of the permit to pay the claim within 3 days of receipt of the notice and shall inform the surety or guarantor.

O.C. 1313-87, s. 8.

9. Where the holder of the permit fails to pay the claim within the time prescribed by the second paragraph of section 8 or to show the Minister that it is unfounded, the Minister shall summon the surety to discharge his security or the guarantor to discharge his guarantee.

O.C. 1313-87, s. 9.

DIVISION III BILL OF LADING OR SHIPMENT BILL

10. Any person transporting a marine product that has not been prepared or canned in accordance with the minimum processing standards prescribed by regulation of the Minister must have a bill of lading or shipment bill bearing the signature of the person who transferred, delivered or transmitted the marine product and indicating:

(1)  the name and address of such person;

(2)  the quantity and species of marine product transported;

(3)  the degree of processing of the marine product transported;

(4)  the date of the transfer, delivery or transmission of the marine product transported;

(5)  the name and address of the consignee, except in the case of an itinerant retailer.

O.C. 1313-87, s. 10.

DIVISION IV RECORDS

11. The holder of a permit shall keep a record in which he shall keep vouchers of his transactions relating to marine products that have not been prepared or canned in accordance with the minimum processing standards prescribed by regulation of the Minister, including a copy of the bills of lading and shipment bills.

He shall obtain vouchers for each acquisition of marine products.

He shall also draw up vouchers evidencing each transfer, delivery or transmission of marine products.

Such vouchers shall indicate:

(1)  for each acquisition of a marine product:

(a)  the date of the acquisition;

(b)  the name and address of the person who transferred, delivered or transmitted the marine product to him;

(c)  the quantity and species of marine product acquired by him;

(d)  the degree of processing of the marine product;

(2)  for each transfer, delivery or transmission of a marine product:

(a)  the date of such transfer, delivery or transmission;

(b)  the quantity and species of marine product transferred, delivered or transmitted by him;

(c)  the degree of processing of the marine product;

(d)  the name and address of the person to whom it was transferred, delivered or transmitted.

O.C. 1313-87, s. 11.

12. The holder of a permit shall keep in the place of operation of his permit the vouchers mentioned in this Division for 2 years after each acquisition, transfer, delivery or transmission.

O.C. 1313-87, s. 12.

DIVISION V PENAL

13. Every person who contravenes any of sections 10, 11 and 12 is liable to the penalties prescribed by section 47 of the Act.

O.C. 1313-87, s. 13; O.C. 891-91, s. 1.

DIVISION VI TRANSITIONAL AND FINAL

14. (Omitted).

O.C. 1313-87, s. 14.

SCHEDULE I

(ss. 1 and 3)

Ministère de l’Agriculture, des Pêcheries et de l’Alimentation

Regulation respecting permits for acquirers of marine products (chapter T-11.01, r. 2)

APPLICATION FOR THE ISSUE OR RENEWAL OF A PERMIT

(A) Particulars concerning the operator of the permit

(1) Name of the operator

---

---

(2) Address of the operator ___________________________________________________________

---

Telephone ___________________________

(3) Postal code ___________________________

(4) Legal status

(a) Natural person _______________

(b) Registered sole proprietorship _______________

---

(c) Partnership _______________________________

Name and address of the partners _______________________________________________________

---

(d) Company, cooperative or other legal person _____________________

---

N.B. For paragraph b, c or d, indicate the business number assigned to the enterprise under the Act respecting the legal publicity of enterprises (chapter P-44.1). For paragraph d, attach a copy of the charter, letters patent or by-laws along with the certificate of constitution.

(5) Name and address of place of operation:

---

---

---

(B) Description of any vehicles used for the purposes of the operation of the permit:

Make, model year and licence number of each vehicle:

---

---

---

---

---

(C) Renewal of permit

(1) Number of existing permit ____________

(2) Changes in particulars furnished during the preceding application for a permit:

---

---

---

---

---

(D) Documents to be attached

The application must be accompanied by any document prescribed in sections 1 and 3 of the Regulation.

______________________________

(Signature)

______________________________

(Position)

O.C. 1313-87, Sch. I.

REFERENCES

O.C. 1313-87, 1987 G.O. 2, 3250

O.C. 891-91, 1991 G.O. 2, 2337

O.C. 338-93, 1993 G.O. 2, 1954

S.Q. 2010, c. 7, s. 282