45D   Poll of shareholders

(1)  The Management Advisory Committee for a category 2 share management fishery may request the Minister to hold a poll of shareholders on the question of whether the fishery should be converted to a category 1 share management fishery.

(2)  Within 60 days after the request is made, the Minister is to:

(a)  direct that the poll be taken, or

(b)  refer the matter back to the Management Advisory Committee for reconsideration.

If the Committee confirms its request, the Minister must, within 60 days, direct that the poll be taken.

(3)  For the purposes of a poll under this section:

(a)  shareholders are entitled to one vote irrespective of the number of shares they hold, and

(b)  2 or more persons who hold shares jointly are entitled to only one vote, and

(c)  a corporation that holds shares is required to nominate an individual to vote in the poll.

(4)  The conversion of the fishery is supported at a poll if the number of votes in support of the conversion constitutes a majority of the persons eligible to vote in the poll.

(5)  If the conversion of the fishery is supported at the poll, the Minister is, within 90 days, to recommend to the Governor that the appropriate amendment be made to Schedule 1 to effect the conversion.

(6)  A poll in respect of a fishery is not to be conducted under this section more than twice during the period in which the management plan for the fishery remains in force.

(7)  The regulations may make provision for or with respect to:

(a)  the conduct of polls under this section, and

(b)  the recovery of the costs of or in connection with a poll from shareholders in the fishery.