On March 25, 2024, the Government of New Brunswick filed Regulation 2024-12 under the Fisheries Bargaining Act. This regulation introduces amendments aimed at clarifying the membership requirements for fishermen’s organizations and streamlining communication procedures. One of the changes is the amendment of subsection 64(5) of New Brunswick Regulation 82-199, which removes the requirement for communication by telegram. This modernization aligns the communication processes with current technological advancements, allowing for more efficient interactions between parties involved in fisheries negotiations.

The most significant changes occur in Section 91, which pertains to the membership criteria for fishermen’s organizations. The amendments provide clearer guidelines regarding what constitutes a “member in good standing.” The previous wording of subsection 91(1) has been repealed and replaced. The new regulation establishes that, for a member to be considered in good standing, they must be recognized as a member of a fishermen’s organization at the time of their application for certification. Specifically, the criteria stipulate two key conditions: the member must have paid at least one month’s dues within a specified timeframe, starting from the first day of the third month prior to the application month and concluding on the application date, or alternatively, the individual can establish membership by joining the fishermen’s organization within that same specified period.

Additionally, subsection 91(2) has been modified to start with “Despite subsection (1)” instead of “Notwithstanding subsection (1),” reflecting a more straightforward legal language that clarifies the relationship between the subsections. Furthermore, the previous subsection (3) has been repealed and substituted with a new provision. The new regulation states that if the Board determines that a fisherman has applied in writing for membership within the parameters outlined in subsection (1), that fisherman shall be deemed a member in good standing for the purposes of the Act. This provision adds flexibility, allowing fishermen who ar4e in the process of applying for membership to be recognized as active members during the application period.

New Brunswick Regulation 2024-12 represents a significant update to the framework of the Fisheries Bargaining Act, particularly regarding membership qualifications for fishermen’s organizations. By eliminating outdated communication methods and refining membership criteria, the regulation aims to promote a more efficient and modern approach to managing fisheries negotiations.

New Brunswick (2024-12) March 25, 2024