Archived - PIIFCAF - Declaration concerning controlling agreements

The policy on Preserving the Independence of the Inshore Fleet in Canada’s Atlantic Fishery (PIIFCAF), is designed to strengthen the independence of the inshore fleet and Owner-Operator and Fleet Separation policies through the termination of controlling agreements.

It is mandatory that any fish harvester (a) seeking to be categorized as Independent Core, or (b) seeking to be issued a replacement or new licence, declare whether he/she is a party to a Controlling Agreement by completing this form and returning it to Fisheries and Oceans Canada. The information provided on this form is collected under the authority of Section 61 of the Fisheries Act for the purposes of proper management and control of the fishery. This Declaration is not valid unless signed by the fish harvester, duly witnessed, and returned to a designated departmental official.

The consequences of not completing and submitting this form are outlined in the document entitled Implications for Licence Holders.

The information provided 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://www.inter.dfo-mpo.gc.ca/ATIP/Infosource.

Controlling Agreement means an agreement between a licence holder and a person, corporation or other entity that permits a person, other than the licence holder, to control or influence the licence holder’s decision to submit a request to DFO for issuance of a replacement licence¹ to another fish harvester (commonly referred to as a “licence transfer”). Agreements between the licence holder and a Recognized Financial Institution (RFI) are not Controlling Agreements if (1) there is no third party involved in the agreement or (2) any co-signor, guarantor or other surety involved in the agreement does not control or influence the licence holder’s decision to submit a request to DFO for issuance of a replacement licence to another fish harvester.

¹ as outlined in Section 16 of the Commercial Fisheries Licensing Policy for Eastern Canada 1996.

Independent Core is the category assigned to a Core enterprise where none of the licences held by or to be issued to the head of that enterprise are the subject of a controlling agreement.

Recognized Financial Institution: For the purposes of PIIFCAF, a Recognized Financial Institution (RFI) is:

1. a Canadian financial institution as defined in the Bank Act
2. a Provincial Loan Board: Fisheries Loan Guarantee Program (N&L); Direct Loans for Commercial Fishing Program (New Brunswick); Fisheries and Aquaculture Loan Board (Nova Scotia); P.E.I. Lending Agency (P.E.I); Commercial Fishery Financing Program (Québec); Programme d’allégement temporaire du remboursement des prêts aux entreprises de la pêche (Québec)

Identification number of the request issued by the National Online Licensing System:
Name of requester :		FIN :
This form must be duly completed before being sent to Fisheries and Oceans Canada (DFO) for analysis.

Fish Harvester / New Entrant Information
Surname:	First Name:	FIN:
Mailing Address:

Based on the definition of a Controlling Agreement, are you, as a licence holder, a party to a Controlling Agreement regarding any vessel-based licence currently held in your name?

Yes No

Based on the definition of a Controlling Agreement, are you, as a qualified new entrant, a party to a Controlling Agreement regarding the licence(s) being requested?

Yes No

If you answered yes to either of the questions above, please list below all licences that are the subject of a Controlling Agreement.

Did you enter into any of the Controlling Agreements listed above after April 12, 2007?       

Yes No

I do solemnly declare that the information given on this form is true and correct, and I make this solemn declaration conscientiously believing it to be true and knowing it to be of the same force and effect as if made under the oath and by virtue of the Canada Evidence Act.

I understand that it is an offence under section 63 of the Fisheries Act to make a false or misleading declaration.

Address of Witness

Designated Departmental Official requesting information:

Designated Departmental Official receiving information: