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Preserving the Independence of the Inshore Fleet in Canada's Atlantic Fisheries
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The Notice and Acknowledgement for Recognized Financial Institutions
PIIFCAF may affect fish harvesters' access to capital for financing their fishing enterprises, the divesture of Controlling Agreements (CAs) and self-rationalization through measures such as enterprise combining.
Under the current legislative framework, a fishing licence is a privilege and does not convey any right of property. Some financial institutions are, therefore, reluctant to use a fishing licence as collateral.
To address concerns expressed by the fishing and financial service industries around accessing capital from Recognized Financial Institutions (RFIs) as defined in PIIFCAF, DFO has worked with various financial institutions including the Canadian Bankers Association to develop the following process:
a. Agreements between fish harvesters and RFIs are excluded from the definition of a CA as long as there is no third party (including co-signer, guarantor or other surety) involved in the agreement that controls or influences the licence holder's decision to submit a request to DFO for issuance of a “replacement” licence (licence “transfer”) to another fish harvester.
This exemption allows fish harvesters who have agreements with RFIs where there is no third party involvement, or where there is third party involvement but the third party does not control or influence to whom, when and whether the licence holder can request a licence “transfer” to indicate on their Declarations that they are not party to a CA.
b. The Notice to Department of Fisheries and Oceans of an Arrangement with a Recognized Financial Institution (Notice RFI) and Acknowledgement of Request for Licence Activity (Acknowledgement RFI) can be used to notify DFO of an agreement between the fish harvester and RFI, regardless of whether there is a CA between the fish harvester and the RFI.
The Notice and Acknowledgement Process for Recognized Financial Institutions
- The fish harvester completes the Declaration.
- If the fish harvester has an agreement with an RFI
(whether or not this is a CA), the fish harvester or the RFI on behalf of the
fish harvester (with the fish harvester's written consent) can notify DFO of
this financial agreement by filing with DFO the Notice to Department of
Fisheries and Oceans of an Arrangement with a Recognized Financial Institution (Notice RFI).
- DFO will sign the Notice RFI, acknowledging receipt and
return a copy of the document to the fish harvester and to the RFI.
- The original Notice RFI will be filed with the fish
harvester's licensing information.
- By filing a Notice RFI, the fish harvester agrees to file a
completed Acknowledgement RFI signed by the RFI whenever he/she submits a request for the issuance of a
“replacement” licence to another fish harvester (licence “transfer”) or the
transfer of quota for more than one fishing season.
- The fish harvester also consents to DFO notifying the RFI
when the fish harvester does not pay any required licence fees or when he/she
does not apply to “renew” the licence.
- The filed Notice RFI is a consideration that can be taken
into account by DFO in determining whether to approve a request submitted by the
licence holder for licence activity as defined in the Notice RFI.
- A completed Acknowledgement RFI, signed by the RFI, must be filed whenever a fish harvester, who has filed a Notice RFI, wants to request the issuance of a “replacement” licence (licence “transfer”) for a fishing licence issued in his/her name, or when the fish harvester requests to transfer quota attached to the fishing licence for more than one fishing season.
NOTICE TO DEPARTMENT OF FISHERIES AND
OCEANS
OF AN ARRANGEMENT WITH RECOGNIZED FINANCIAL INSTITUTION (“Notice RFI”)
Under the Preserving the Independence of the Inshore Fleet in Canada's Atlantic
Fisheries (PIIFCAF) Policy
Notice
| I, _________________________ of the city/town of | ||
| (licence holder) | ||
| _______________hereby notify Fisheries and Oceans Canada (DFO) that I, | ||
| (name of city/town) | ||
| ________________, as holder of licence(s) | ||
| (licence holder) | ||
| ______________________, have entered into | ||
| (licence number/description) | ||
| an arrangement with | ||
| ___________________________________________, at __________________ | ||
| (name of Recognized Financial Institution (RFI)) | ||
| _________________________________________________________________ | ||
| (Full Business Address, Building Number, Street Name, City, Prov., Postal Code) | ||
| ________________ | ________________ | __________________________ |
| (Phone Number) | (Fax Number) | (Printed Full Name of RFI Agent) |
a Recognized Financial Institution (RFI) as defined under the Preserving the Independence of the Inshore Fleet in Canada's Atlantic Fisheries (PIIFCAF) policy.
I further advise that there is no co-signor, guarantor or other surety involved in the arrangement with the RFI who has any control or influence over my decision to submit a request to DFO for issuance of a replacement licence to another fish harvester.
Should I submit a request to DFO related
to the above-mentioned licence for the issuance of a replacement licence to
another fish harvester or for any quota associated with any of these licences to
be “transferred” to another licence holder, I hereby undertake to provide to
DFO, at the time of making the request, a duly signed Acknowledgement of Request
signed by a duly authorized representative of
_________________________.
(name of RFI)
The information provided to DFO will be retained in the Personal Information Bank DFO PPU 010. Under the provisions of the Privacy Act and the Access to Information Act, individuals have the right to the protection of, and access to, their personal information. Instructions for obtaining this information are outlined in the government publication entitled Info Source, a copy of which can be obtained at your local Department of Fisheries and Oceans Office. Info Source is also available on the web at http://infosource.gc.ca.
DECLARATION OF CONSENT I understand that the Department of Fisheries and Oceans (DFO) may require access to information held by the above named Recognized Financial Institution (RFI) for administration, evaluation, and review of the licences I hold. I further recognize that the RFI may require access to information associated with the licence(s) specified above.
|
Dated this ____ day of ___________, 20___
| __________________ | __________________ |
| Licence Holder | Authorized representative of the Recognized Financial Institution |
__________________ Witness |
__________________ Witness |
| Acknowledgement of receipt by Department of Fisheries and Oceans |
|
__________________ Licensing Officer, Department of Fisheries and Oceans |
__________________ Date Received |
|
ACKNOWLEDGEMENT OF REQUEST FOR
LICENCE ACTIVITY (“Acknowledgement RFI”) With respect to the Notice to Department of Fisheries and Oceans of an Arrangement with ____________________________ signed the ____day of ________, 20___
by 0 Request for issuance of a replacement licence (licence “transfer”) Dated at _____________ this _____ day of ____________, 20___
¹ this does not include a request for modification of quota within a single fishing season. |
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