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Seafood Processing Act

Legislature :
55
Session :
3
Bill No. :
73
Member :
Hon. Alward
First Reading :
2006-5-31
Second Reading :
2006-6-1
Committee of the Whole :
2006-6-20
Amended :
2006-6-20
Third Reading :
2006-6-21
Royal Assent :
2006-6-22
Download PDF :
Bill 73

Text of Bill :
Chapter Outline



Definitions......................................................................................................................................... 1

Appeal Board — comité d'appel

Department — ministère

fish — poisson

fish purchaser licence — permis d'acheteur de poisson

inspector — inspecteur

licensee — titulaire d'un permis

live lobster holding facility licence — permis d'installation de rétention de homard vivant

Minister — ministre

primary processing — traitement primaire

primary processing plant — usine de traitement primaire

primary processing plant licence — permis d'usine de traitement primaire

purchasing agent — acheteur désigné

purchasing agent certificate — certificat d'acheteur désigné

Registrar — registraire

secondary processing — traitement secondaire

secondary processing plant — usine de traitement secondaire

secondary processing plant registration certificate — certificat d'enregistrement d'usine de traitement secondaire

Application of Act............................................................................................................................. 2

Administration................................................................................................................................... 3

PART 1

PRIMARY PROCESSING PLANT LICENCE

Prohibition......................................................................................................................................... 4

Issuance of licence............................................................................................................................ 5

Refusal to issue licence.................................................................................................................... 6

Renewal of licence............................................................................................................................ 7

Refusal to renew licence................................................................................................................... 8

Species of fish specified on licence................................................................................................ 9

Refusal to specify species of fish on licence............................................................................... 10

Amendment of licence.................................................................................................................... 11

Refusal to amend licence................................................................................................................ 12

Terms and conditions...................................................................................................................... 13

Suspension and revocation of licence........................................................................................... 14

Fees................................................................................................................................................... 15

Waiting period after refusal of application or revocation of licence......................................... 16

Re-equipment, modification or expansion of primary processing plant.................................... 17

PART 2

LIVE LOBSTER HOLDING FACILITY LICENCE

Prohibition....................................................................................................................................... 18

Issuance of licence.......................................................................................................................... 19

Refusal to issue licence.................................................................................................................. 20

Renewal of licence.......................................................................................................................... 21

Refusal to renew licence................................................................................................................ 22

Terms and conditions...................................................................................................................... 23

Suspension and revocation of licence........................................................................................... 24

Fees................................................................................................................................................... 25

Waiting period after refusal of application or revocation of licence......................................... 26

PART 3

SECONDARY PROCESSING PLANT REGISTRATION CERTIFICATE

Prohibition....................................................................................................................................... 27

Issuance of registration certificate................................................................................................ 28

Refusal to issue registration certificate........................................................................................ 29

Renewal of registration certificate................................................................................................ 30

Terms and conditions...................................................................................................................... 31

Suspension and revocation of registration certificate and refusal to renew registration certificate 32

Fees................................................................................................................................................... 33

Waiting period after refusal of application or revocation of registration certificate............... 34

PART 4

FISH PURCHASER LICENCE AND PURCHASING AGENT CERTIFICATE

Prohibition....................................................................................................................................... 35

Issuance of licence.......................................................................................................................... 36

Refusal to issue licence.................................................................................................................. 37

Renewal of licence.......................................................................................................................... 38

Refusal to renew licence................................................................................................................ 39

Species of fish specified on licence.............................................................................................. 40

Refusal to specify species of fish on licence............................................................................... 41

Amendment of licence.................................................................................................................... 42

Refusal to amend licence................................................................................................................ 43

Terms and conditions...................................................................................................................... 44

Suspension and revocation of licence........................................................................................... 45

Fees................................................................................................................................................... 46

Waiting period after refusal of application or revocation of licence......................................... 47

Issuance of certificate..................................................................................................................... 48

Refusal to issue certificate............................................................................................................. 49

Renewal of certificate..................................................................................................................... 50

Refusal to renew certificate........................................................................................................... 51

Species of fish specified on certificate........................................................................................ 52

Amendment of certificate............................................................................................................... 53

Terms and conditions...................................................................................................................... 54

Suspension and revocation of certificate...................................................................................... 55

Fees................................................................................................................................................... 56

Waiting period after refusal of application or revocation of certificate.................................... 57

Requirement to carry licence or certificate................................................................................. 58

PART 5

APPEAL BOARD

Composition of Appeal Board........................................................................................................ 59

Appointment of members............................................................................................................... 60

Appointment of alternate members............................................................................................... 61

Chair................................................................................................................................................. 62

Term of office and revocation of appointments........................................................................... 63

Remuneration and expenses........................................................................................................... 64

Appeal............................................................................................................................................... 65

PART 6

INSPECTIONS

Appointment of inspectors............................................................................................................. 66

Inspections....................................................................................................................................... 67

Obstruction of inspectors............................................................................................................... 68

PART 7

FORFEITURE

Forfeiture on conviction................................................................................................................. 69

Application by person claiming interest........................................................................................ 70

PART 8

EVIDENTIARY PROVISIONS

Designation and certificate of qualified technician..................................................................... 71

Evidence........................................................................................................................................... 72

PART 9

OFFENCES AND PENALTIES

Offences and penalties.................................................................................................................... 73

Additional fine................................................................................................................................. 74

Order to pay compensation............................................................................................................. 75

Corporations.................................................................................................................................... 76

PART 10

GENERAL PROVISIONS

Appointment of Registrar............................................................................................................... 77

Information to be provided to Registrar........................................................................................ 78

Agreements...................................................................................................................................... 79

Policies, guidelines, programs and other measures..................................................................... 80

Licences and certificates not assignable or transferable............................................................. 81

Immunity.......................................................................................................................................... 82

PART 11

REGULATIONS

Regulations...................................................................................................................................... 83

PART 12

CONSEQUENTIAL AMENDMENT

Fish Inspection Act......................................................................................................................... 84

PART 13

REPEAL

Repeal............................................................................................................................................... 85

PART 14

COMMENCEMENT

Commencement............................................................................................................................... 86

Schedule A





Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



Definitions

1                           The following definitions apply in this Act.



"Appeal Board" means the Licensing Appeal Board established under section 59. (comité d'appel)



"Department" means the Department of Agriculture, Fisheries and Aquaculture. (ministère)



"fish" means any fish, including molluscs, echinoderms and crustaceans, and any parts, products or by-products of fish. (poisson)



"fish purchaser licence" means a fish purchaser licence issued under section 36 and includes a renewal of the licence. (permis d'acheteur de poisson)



"inspector" means an inspector appointed under section 66. (inspecteur)



"licensee" means a person who holds a primary processing plant licence, live lobster holding facility licence or fish purchaser licence. (titulaire d'un permis)



"live lobster holding facility licence" means a live lobster holding facility licence issued under section 19 and includes a renewal of the licence. (permis d'installation de rétention de homard vivant)



"Minister" means the Minister of Agriculture, Fisheries and Aquaculture. (ministre)



"primary processing" includes cleaning, filleting, smoking, salting, marinating, pickling, drying, canning, cooking, freezing, comminuting, packing, icing or preparing fish for sale in any other manner. (traitement primaire)



"primary processing plant" means a plant where primary processing is carried out. (usine de traitement primaire)



"primary processing plant licence" means a primary processing plant licence issued under section 5 and includes a renewal of the licence. (permis d'usine de traitement primaire)



"purchasing agent" means a person designated by a holder of a fish purchaser licence as his or her agent to purchase fish on his or her behalf. (acheteur désigné)



"purchasing agent certificate" means a purchasing agent certificate issued under section 48 and includes a renewal of the certificate. (certificat d'acheteur désigné)



"Registrar" means the person appointed as Registrar under section 77. (registraire)



"secondary processing" means the processing of fish beyond primary processing. (traitement secondaire)



"secondary processing plant" means a plant where secondary processing is carried out. (usine de traitement secondaire)



"secondary processing plant registration certificate" means a secondary processing plant registration certificate issued under section 28 and includes a renewal of the registration certificate. (certificat d'enregistrement d'usine de traitement secondaire)



Application of Act

2                           This Act does not apply to any person, class of persons, species of fish or part, product or by-product of fish that is exempted by regulation.



Administration

3                           The Minister is responsible for the administration of this Act.



PART 1

PRIMARY PROCESSING PLANT LICENCE

Prohibition

4                           No person shall establish, operate or maintain a primary processing plant unless that person holds a primary processing plant licence.



Issuance of licence

5(1)                   On application in accordance with the regulations, the Registrar may issue a primary processing plant licence to



(a)               an owner or lessee of a primary processing plant who holds a certificate of registration under the Fish Inspection Act (Canada), or



(b)               an owner or lessee of a primary processing plant who



(i)         held a licence under the Fish Processing Act, chapter F-18.01 of the Acts of New Brunswick, 1982, that was valid and subsisting immediately before the commencement of this subsection, and



(ii)       did not hold a certificate of registration under the Fish Inspection Act (Canada) immediately before the commencement of this subsection.



5(2)                   A primary processing plant licence is valid for the period of time prescribed by regulation.



Refusal to issue licence

6                           The Registrar may refuse to issue a primary processing plant licence under subsection 5(1) if



(a)               the Registrar is of the opinion that it is not in the public interest to issue the licence having regard to



(i)         the supply of fish available,



(ii)       the presence of existing primary processing capacity,



(iii)    the level of employment, and



(iv)      the economic viability of the primary processing plant and the primary processing sector, or



(b)               within 3 years before the date the Registrar receives the application to issue the licence, the applicant has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act.



Renewal of licence

7                           On application in accordance with the regulations, the Registrar may renew a primary processing plant licence.



Refusal to renew licence

8(1)                   The Registrar



(a)               shall refuse to renew a primary processing plant licence if the licensee has held a licence for 36 or more consecutive months and during that period of time the primary processing plant has not processed the minimum amount of fish as specified by the Registrar on the licence, or



(b)               may renew a primary processing plant licence but refuse to specify on the licence a species of fish as the species permitted to be processed under the licence if the licensee has held a licence for 36 or more consecutive months and the primary processing plant has not processed that species of fish during that period of time.



8(2)                   The Registrar may refuse to renew a primary processing plant licence if



(a)               the Registrar is of the opinion that it is not in the public interest to renew the licence having regard to



(i)         the supply of fish available,



(ii)       the presence of existing primary processing capacity,



(iii)    the level of employment, and



(iv)      the economic viability of the primary processing plant and the primary processing sector,



(b)               within one year before the date the Registrar receives the application to renew the licence, the licensee has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act, or



(c)               after investigation and reasonable inquiry, the Registrar is satisfied that



(i)         the licensee has violated or failed to comply with



(A)             any provision of this Act or the regulations, or



(B)             any provision of an Act prescribed by regulation or the regulations under that Act,



(ii)       the licensee has violated or failed to comply with a term or condition to which the licence is subject, or



(iii)    a person has made a false statement on the application for the licence or for a renewal or amendment of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.



8(3)                   The Registrar may refuse to renew a primary processing plant licence on any other grounds prescribed by the regulations.



Species of fish specified on licence

9(1)                   If the Registrar issues a primary processing plant licence under subsection 5(1), he or she shall specify on the licence the species of fish permitted to be processed under the licence.



9(2)                   If the Registrar specifies lobster as a species of fish permitted to be processed under the primary processing plant licence, the licensee may



(a)               process lobster, and



(b)               hold live lobster.



9(3)                   If the Registrar renews a primary processing plant licence under section 7, he or she shall specify on the licence the species of fish permitted to be processed under the licence.



9(4)                   No person shall process a species of fish in a primary processing plant except the species specified on his or her primary processing plant licence.



Refusal to specify species of fish on licence

10                        The Registrar may refuse to specify on the primary processing plant licence a species of fish as a species permitted to be processed under the licence if the Registrar is of the opinion that it is not in the public interest to permit the primary processing of that species under the licence having regard to



(a)               the supply of fish available,



(b)               the presence of existing primary processing capacity,



(c)               the level of employment, and



(d)               the economic viability of the primary processing plant and the primary processing sector.



Amendment of licence

11                        On application in accordance with the regulations, the Registrar may amend a primary processing plant licence in relation to the species of fish permitted to be processed under the licence.



Refusal to amend licence

12(1)               The Registrar may refuse to amend a primary processing plant licence under section 11 if



(a)               the Registrar is of the opinion that it is not in the public interest to amend the licence having regard to



(i)         the supply of fish available,



(ii)       the presence of existing primary processing capacity,



(iii)    the level of employment, and



(iv)      the economic viability of the primary processing plant and the primary processing sector,



(b)               within 3 years before the date the Registrar receives the application to amend the licence, the licensee has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act, or



(c)               after investigation and reasonable inquiry, the Registrar is satisfied that



(i)         the licensee has violated or failed to comply with



(A)             any provision of this Act or the regulations, or



(B)             any provision of an Act prescribed by regulation or the regulations under that Act,



(ii)       the licensee has violated or failed to comply with a term or condition to which the licence is subject, or



(iii)    a person has made a false statement on the application for the licence or for a renewal or amendment of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.



12(2)               The Registrar may refuse to amend a primary processing plant licence on any other grounds prescribed by the regulations.



Terms and conditions

13                        The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a primary processing plant licence subject to terms and conditions in relation to



(a)               the type of primary processing,



(b)               the specialized equipment used for primary processing,



(c)               the size of the primary processing plant,



(d)               the minimum and maximum amount of fish permitted to be processed,



(e)               the percentage of fish permitted to be processed in a specified manner,



(f)                the sizes and types of packages,



(g)               the source of the fish,



(h)               the destination of the fish,



(i)                the time at which and the form in which reports, records, documents or other information are to be provided to the Registrar,



(j)                the form and manner in which reports, records, documents or other information are to be prepared and maintained, and



(k)               any other matter the Registrar considers necessary for the purposes of this Act and the regulations.



Suspension and revocation of licence

14                        The Registrar may suspend or revoke a primary processing plant licence if



(a)               within one year before the date the Registrar suspends or revokes the licence, the licensee has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act, or



(b)               after investigation and reasonable inquiry, the Registrar is satisfied that



(i)         the licensee has violated or failed to comply with



(A)             any provision of this Act or the regulations, or



(B)             any provision of an Act prescribed by regulation or the regulations under that Act,



(ii)       the licensee has violated or failed to comply with a term or condition to which the licence is subject, or



(iii)    a person has made a false statement on the application for the licence or for a renewal or amendment of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.



Fees

15                        The fee for the issuance, renewal or amendment of a primary processing plant licence shall be calculated in accordance with the regulations.



Waiting period after refusal of application or revocation of licence

16                        If the Registrar refuses to issue, renew or amend a primary processing plant licence or revokes a primary processing plant licence, no person shall apply for a licence or for the same amendment of a licence in respect of that primary processing plant for the period of time prescribed by regulation.



Re-equipment, modification or expansion of primary processing plant

17(1)               No person who holds a primary processing plant licence shall re-equip, modify or expand a primary processing plant unless



(a)               the licensee obtains the approval in writing of the Registrar, and



(b)               where the licence is subject to terms and conditions which do not permit the licensee to operate or maintain the primary processing plant as re-equipped, modified or expanded, the licensee obtains a licence to operate or maintain the primary processing plant as re-equipped, modified or expanded.



17(2)               The Registrar may refuse approval under subsection (1) if the Registrar is of the opinion that it is not in the public interest to re-equip, modify or expand the primary processing plant having regard to



(a)               the supply of fish available,



(b)               the presence of existing primary processing capacity,



(c)               the level of employment, and



(d)               the economic viability of the primary processing plant and the primary processing sector.



PART 2

LIVE LOBSTER HOLDING FACILITY LICENCE

Prohibition

18                        No person shall establish, operate or maintain a live lobster holding facility unless that person



(a)               holds a live lobster holding facility licence, or



(b)               holds a primary processing plant licence that specifies lobster as a species of fish permitted to be processed under the licence.



Issuance of licence

19(1)               On application in accordance with the regulations, the Registrar may issue a live lobster holding facility licence to an owner or lessee of a live lobster holding facility that is capable of holding the minimum amount of lobster prescribed by regulation.



19(2)               A live lobster holding facility licence is valid for the period of time prescribed by regulation.



Refusal to issue licence

20                        The Registrar may refuse to issue a live lobster holding facility licence under subsection 19(1) if



(a)               the Registrar is of the opinion that it is not in the public interest to issue the licence having regard to any factor that, in his or her opinion, is relevant to determining the public interest, or



(b)               within 3 years before the date the Registrar receives the application to issue the licence, the applicant has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act.



Renewal of licence

21                        On application in accordance with the regulations, the Registrar may renew a live lobster holding facility licence.



Refusal to renew licence

22(1)               The Registrar shall refuse to renew a live lobster holding facility licence if the licensee has held a licence for 36 or more consecutive months and during that period of time the live lobster holding facility has not held the minimum amount of lobster as specified by the Registrar on the licence.



22(2)               The Registrar may refuse to renew a live lobster holding facility licence if



(a)               the Registrar is of the opinion that it is not in the public interest to renew the licence having regard to any factor that, in his or her opinion, is relevant to determining the public interest,



(b)               within one year before the date the Registrar receives the application to renew the licence, the licensee has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act, or



(c)               after investigation and reasonable inquiry, the Registrar is satisfied that



(i)         the licensee has violated or failed to comply with



(A)             any provision of this Act or the regulations, or



(B)             any provision of an Act prescribed by regulation or the regulations under that Act,



(ii)       the licensee has violated or failed to comply with a term or condition to which the licence is subject, or



(iii)    a person has made a false statement on the application for the licence or for a renewal of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.



22(3)               The Registrar may refuse to renew a live lobster holding facility licence on any other grounds prescribed by the regulations.



Terms and conditions

23                        The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a live lobster holding facility licence subject to terms and conditions in relation to



(a)               the specialized equipment used for live lobster holding,



(b)               the source of the lobster,



(c)               the destination of the lobster, and



(d)               any other matter the Registrar considers necessary for the purposes of this Act and the regulations.



Suspension and revocation of licence

24                        The Registrar may suspend or revoke a live lobster holding facility licence if



(a)               within one year before the date the Registrar suspends or revokes the licence, the licensee has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act, or



(b)               after investigation and reasonable inquiry, the Registrar is satisfied that



(i)         the licensee has violated or failed to comply with



(A)             any provision of this Act or the regulations, or



(B)             any provision of an Act prescribed by regulation or the regulations under that Act,



(ii)       the licensee has violated or failed to comply with a term or condition to which the licence is subject, or



(iii)    a person has made a false statement on the application for the licence or for a renewal of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.



Fees

25                        The fee for the issuance or renewal of a live lobster holding facility licence shall be calculated in accordance with the regulations.



Waiting period after refusal of application or revocation of licence

26                        If the Registrar refuses to issue or renew a live lobster holding facility licence or revokes a live lobster holding facility licence, no person shall apply for a licence in respect of that live lobster holding facility for the period of time prescribed by regulation.



PART 3

SECONDARY PROCESSING PLANT REGISTRATION CERTIFICATE

Prohibition

27                        No person shall establish, operate or maintain a secondary processing plant unless that person holds a secondary processing plant registration certificate.



Issuance of registration certificate

28(1)               On application in accordance with the regulations, the Registrar may issue a secondary processing plant registration certificate to an owner or lessee of a secondary processing plant.



28(2)               A secondary processing plant registration certificate is valid for the period of time prescribed by regulation.



Refusal to issue registration certificate

29                        The Registrar may refuse to issue a secondary processing plant registration certificate under subsection 28(1) if, within 3 years before the date the Registrar receives the application to issue the registration certificate, the applicant has been convicted of an offence



(a)               under this Act or the regulations, or



(b)               under an Act prescribed by regulation or the regulations under that Act.



Renewal of registration certificate

30                        On application in accordance with the regulations, the Registrar may renew a secondary processing plant registration certificate.



Terms and conditions

31                        The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a secondary processing plant registration certificate subject to terms and conditions in relation to any matter the Registrar considers necessary for the purposes of this Act and the regulations.



Suspension and revocation of registration certificate and refusal to renew registration certificate

32                        The Registrar may suspend, revoke or refuse to renew a secondary processing plant registration certificate if



(a)               within one year before the date the Registrar suspends or revokes the registration certificate or the Registrar receives the application to renew the registration certificate, the holder of the registration certificate has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act, or



(b)               after investigation and reasonable inquiry, the Registrar is satisfied that



(i)         the holder of the registration certificate has violated or failed to comply with



(A)             any provision of this Act or the regulations, or



(B)             any provision of an Act prescribed by regulation or the regulations under that Act,



(ii)       the holder of the registration certificate has violated or failed to comply with a term or condition to which the registration certificate is subject, or



(iii)    a person has made a false statement on the application for the registration certificate or for a renewal of the registration certificate, or in any report, record, document or other information required to be provided under this Act or the regulations.



Fees

33                        The fee for the issuance or renewal of a secondary processing plant registration certificate shall be calculated in accordance with the regulations.



Waiting period after refusal of application or revocation of registration certificate

34                        If the Registrar refuses to issue or renew a secondary processing plant registration certificate or revokes a secondary processing plant registration certificate, no person shall apply for a registration certificate in respect of that secondary processing plant for the period of time prescribed by regulation.



PART 4

FISH PURCHASER LICENCE AND PURCHASING AGENT CERTIFICATE

Prohibition

35                        No person, unless exempted by the regulations, shall purchase fish from a fisher unless that person



(a)               holds a fish purchaser licence, or



(b)               is a purchasing agent.



Issuance of licence

36(1)               The Registrar



(a)               shall, on the issuance of a primary processing plant licence or live lobster holding facility licence, also issue a fish purchaser licence to the licensee, and



(b)               may, on application in accordance with the regulations, issue a fish purchaser licence to the following persons:



(i)         an owner or lessee of a primary processing plant located in another province or territory of Canada who holds a certificate of registration under the Fish Inspection Act (Canada);



(ii)       an owner or lessee of a live lobster holding facility located in another province or territory of Canada and whose facility is capable of holding the minimum amount of lobster prescribed by regulation; or



(iii)    a person who is a resident of a foreign country and whose fish processing plant meets the standards relating to food safety required by that country if the standards are equivalent to or greater than Canadian standards relating to food safety.



36(2)               A fish purchaser licence is valid for the period of time prescribed by regulation.



Refusal to issue licence

37                        The Registrar may refuse to issue a fish purchaser licence under paragraph 36(1)(b) if



(a)               the Registrar is of the opinion that it is not in the public interest to issue the licence having regard to any factor that, in his or her opinion, is relevant to determining the public interest, or



(b)               within 3 years before the date the Registrar receives the application to issue the licence, the applicant has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act.



Renewal of licence

38                        The Registrar



(a)               shall, on the renewal of a primary processing plant licence or live lobster holding facility licence, also renew a fish purchaser licence issued under paragraph 36(1)(a), and



(b)               may, on application in accordance with the regulations, renew a fish purchaser licence issued under paragraph 36(1)(b).



Refusal to renew licence

39(1)               The Registrar may refuse to renew a fish purchaser licence under paragraph 38(b) if



(a)               the Registrar is of the opinion that it is not in the public interest to renew the licence having regard to any factor that, in his or her opinion, is relevant to determining the public interest,



(b)               within one year before the date the Registrar receives the application to renew the licence, the licensee has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act, or



(c)               after investigation and reasonable inquiry, the Registrar is satisfied that



(i)         the licensee has violated or failed to comply with



(A)             any provision of this Act or the regulations, or



(B)             any provision of an Act prescribed by regulation or the regulations under that Act,



(ii)       the licensee has violated or failed to comply with a term or condition to which the licence is subject, or



(iii)    a person has made a false statement on the application for the licence or for a renewal or amendment of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.



39(2)               The Registrar may refuse to renew a fish purchaser licence under paragraph 38(b) on any other grounds prescribed by the regulations.



39(3)               If the Registrar refuses to renew a fish purchaser licence under subsection (1) or (2), the Registrar shall also refuse to renew all the purchasing agent certificates issued to the licensee.



Species of fish specified on licence

40(1)               If the Registrar issues a fish purchaser licence under paragraph 36(1)(a), he or she shall specify on the licence the species of fish permitted to be purchased under the licence and



(a)               if the licence is issued in conjunction with a primary processing plant licence, the specified species shall be the same as the species specified on the primary processing plant licence, or



(b)               if the licence is issued in conjunction with a live lobster holding facility licence, the specified species shall be lobster.



40(2)               If the Registrar issues a fish purchaser licence under subparagraph 36(1)(b)(i) or (ii), he or she shall specify on the licence the species of fish permitted to be purchased under the licence and



(a)               if the applicant holds a licence to process fish, the specified species shall be the same as the species specified on the applicant's licence to process fish, or



(b)               if the applicant holds a licence to hold live lobster, the specified species shall be lobster.



40(3)               If the Registrar issues a fish purchaser licence under subparagraph 36(1)(b)(iii), he or she shall



(a)               determine the species of fish the applicant is permitted to purchase under the licence, and



(b)               specify on the licence the species of fish permitted to be purchased under the licence.



40(4)               If the Registrar renews a fish purchaser licence under section 38, he or she shall specify on the licence the species of fish permitted to be purchased under the licence.



40(5)               No person shall purchase a species of fish except the species specified on his or her fish purchaser licence.



Refusal to specify species of fish on licence

41                        The Registrar may refuse to specify on a fish purchaser licence issued under paragraph 36(1)(b) a species of fish as a species permitted to be purchased under the licence if the Registrar is of the opinion, having regard to the supply of fish available, that it is not in the public interest to permit the purchasing of that species under the licence.



Amendment of licence

42                        The Registrar



(a)               shall, on the amendment of a primary processing plant licence under section 11, make the same amendment to the corresponding fish purchaser licence in relation to the species of fish permitted to be purchased under the licence, and



(b)               may, on application in accordance with the regulations, amend a fish purchaser licence in relation to the species of fish permitted to be purchased under the licence for the following persons:



(i)         an owner or lessee of a primary processing plant located in another province or territory of Canada who holds a certificate of registration under the Fish Inspection Act (Canada); or



(ii)       a person who is a resident of a foreign country and whose fish processing plant meets the standards relating to food safety required by that country if the standards are equivalent to or greater than Canadian standards relating to food safety.



Refusal to amend licence

43(1)               The Registrar may refuse to amend a fish purchaser licence under paragraph 42(b) if



(a)               the Registrar is of the opinion that it is not in the public interest to amend the licence having regard to any factor that, in his or her opinion, is relevant to determining the public interest,



(b)               within 3 years before the date the Registrar receives the application to amend the licence, the licensee has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act, or



(c)               after investigation and reasonable inquiry, the Registrar is satisfied that



(i)         the licensee has violated or failed to comply with



(A)             any provision of this Act or the regulations, or



(B)             any provision of an Act prescribed by regulation or the regulations under that Act,



(ii)       the licensee has violated or failed to comply with a term or condition to which the licence is subject, or



(iii)    a person has made a false statement on the application for the licence or for a renewal or amendment of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.



43(2)               The Registrar may refuse to amend a fish purchaser licence under paragraph 42(b) on any other grounds prescribed by the regulations.



Terms and conditions

44                        The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a fish purchaser licence subject to terms and conditions in relation to



(a)               the source of the fish, and



(b)               any other matter the Registrar considers necessary for the purposes of this Act and the regulations.



Suspension and revocation of licence

45(1)               The Registrar may suspend or revoke a fish purchaser licence if



(a)               within one year before the date the Registrar suspends or revokes the licence, the licensee has been convicted of an offence



(i)         under this Act or the regulations, or



(ii)       under an Act prescribed by regulation or the regulations under that Act, or



(b)               after investigation and reasonable inquiry, the Registrar is satisfied that



(i)         the licensee has violated or failed to comply with



(A)             any provision of this Act or the regulations, or



(B)             any provision of an Act prescribed by regulation or the regulations under that Act,



(ii)       the licensee has violated or failed to comply with a term or condition to which the licence is subject, or



(iii)    a person has made a false statement on the application for the licence or for a renewal or amendment of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.



45(2)               If the Registrar suspends or revokes a fish purchaser licence under subsection (1), the Registrar shall also suspend or revoke all of the purchasing agent certificates issued to the licensee.



Fees

46                        The fee for the issuance of a fish purchaser licence under paragraph 36(1)(b), renewal of a fish purchaser licence under paragraph 38(b) or amendment of a fish purchaser licence under paragraph 42(b) shall be calculated in accordance with the regulations.



Waiting period after refusal of application or revocation of licence

47                        If the Registrar refuses to issue a fish purchaser licence under paragraph 36(1)(b), renew a fish purchaser licence under paragraph 38(b) or amend a fish purchaser licence under paragraph 42(b) or revokes a fish purchaser licence under section 45, the applicant or licensee shall not apply for a fish purchaser licence or for the same amendment of a fish purchaser licence for the period of time prescribed by regulation.



Issuance of certificate

48(1)               On application in accordance with the regulations, the Registrar may issue one or more purchasing agent certificates to a holder of a fish purchaser licence.



48(2)               If the Registrar issues a purchasing agent certificate under subsection (1), he or she shall specify on the certificate the name and address of the holder of the fish purchaser licence and the name of the purchasing agent.



48(3)               A purchasing agent certificate is valid for the period of time prescribed by regulation.



48(4)               The holder of the fish purchaser licence shall provide the purchasing agent with the certificate or a copy of the certificate certified by the holder of the fish purchaser licence to be true and correct.



Refusal to issue certificate

49                        The Registrar may refuse to issue a purchasing agent certificate under subsection 48(1) if, within 3 years before the date the Registrar receives the application to issue the certificate, the person has been convicted of an offence under this Act or the regulations.



Renewal of certificate

50                        On application in accordance with the regulations, the Registrar may renew a purchasing agent certificate.



Refusal to renew certificate

51                        The Registrar may refuse to renew all of the purchasing agent certificates designating a person as purchasing agent if, within one year before the date the Registrar receives the application to renew the certificate, the purchasing agent has been convicted of an offence under this Act or the regulations.



Species of fish specified on certificate

52(1)               If the Registrar issues a purchasing agent certificate under subsection 48(1) or renews a purchasing agent certificate under section 50, he or she shall specify on the certificate the species of fish permitted to be purchased under the certificate and the specified species shall be the same as the species specified on the corresponding fish purchaser licence.



52(2)               No purchasing agent shall purchase a species of fish except the species specified on the purchasing agent certificate.



Amendment of certificate

53                        The Registrar shall, on the amendment of a fish purchaser licence under section 42, make the same amendment to a purchasing agent certificate in relation to the species of fish permitted to be purchased under the certificate.



Terms and conditions

54                        The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a purchasing agent certificate subject to terms and conditions in relation to any matter the Registrar considers necessary for the purposes of this Act and the regulations.



Suspension and revocation of certificate

55(1)               The Registrar shall revoke a purchasing agent certificate on the written request of the holder of the fish purchaser licence.



55(2)               The Registrar may suspend or revoke all the purchasing agent certificates designating a person as purchasing agent if, within one year before the date the Registrar suspends or revokes the certificate, the purchasing agent has been convicted of an offence under this Act or the regulations.



Fees

56                        The fee for the issuance or renewal of a purchasing agent certificate shall be calculated in accordance with the regulations.



Waiting period after refusal of application or revocation of certificate

57                        If the Registrar refuses to issue or renew a purchasing agent certificate or revokes a purchasing agent certificate, the holder of the fish purchaser licence shall not apply for a purchasing agent certificate for the same purchasing agent for the period of time prescribed by regulation.



Requirement to carry licence or certificate

58(1)               A holder of a fish purchaser licence shall carry his or her fish purchaser licence while purchasing fish and shall, on the request of an inspector, provide the inspector with the licence.



58(2)               A purchasing agent shall carry the purchasing agent certificate or a certified copy of the certificate while purchasing fish and shall, on the request of an inspector, provide the inspector with the certificate or certified copy.



PART 5

APPEAL BOARD

Composition of Appeal Board

59                        There is established an appeal board to be known as the Licensing Appeal Board.



Appointment of members

60                        The Lieutenant-Governor in Council, on the recommendation of the Minister, shall appoint members to the Appeal Board, consisting of



(a)               a person employed in the Department,



(b)               a representative of the seafood industry,



(c)               one other member.



Appointment of alternate members

61(1)               The Lieutenant-Governor in Council, on the recommendation of the Minister, shall appoint alternate members to the Appeal Board, consisting of



(a)               a person employed in the Department,



(b)               a representative of the seafood industry, and



(c)               one other member.



61(2)               If for any reason a member of the Appeal Board cannot act as a member, an alternate member appropriate to comply with the composition of the Appeal Board under section 59 shall act in place of the member while he or she is unable to act.



Chair

62                        The Lieutenant-Governor in Council, on the recommendation of the Minister, shall appoint a Chair from among the members of the Appeal Board.



Term of office and revocation of appointments

63(1)               The Chair shall be appointed for a term not exceeding 2 years and is eligible for reappointment.



63(2)               All other members and all alternate members of the Appeal Board shall be appointed for a term not exceeding 2 years and are eligible for reappointment.



63(3)               Notwithstanding subsection (1) and subject to subsection (5), the Chair shall remain in office until the Chair resigns or is reappointed or replaced.



63(4)               Notwithstanding subsection (2) and subject to subsection (5), a member or alternate member of the Appeal Board shall remain in office until the member or alternate member resigns or is reappointed or replaced.



63(5)               Any appointment to the Appeal Board may be revoked by the Lieutenant-Governor in Council for cause.



Remuneration and expenses

64(1)               Each member or alternate member of the Appeal Board who is not employed in the public service as defined in the Public Service Superannuation Act is entitled to be paid such remuneration in accordance with the regulations.



64(2)               Each member or alternate member of the Appeal Board is entitled to be reimbursed for such travelling and living expenses incurred by the member or alternate member in the performance of his or her duties in accordance with the regulations.



Appeal

65(1)               An applicant for a licence or certificate or a licensee or holder of a secondary processing plant registration certificate may, in accordance with the regulations, appeal a decision of the Registrar to the Minister.



65(2)               The Minister shall refer an appeal under subsection (1) to the Appeal Board who shall, in accordance with the regulations, hear the appeal.



65(3)               A decision or direction of the Appeal Board under this Act or the regulations is final and conclusive and, except on the grounds of an excess of jurisdiction or denial of natural justice, shall not be questioned or reviewed in any court, and no order shall be made or proceedings taken in any court, whether by way of injunction, declaratory judgment, order on judicial review or otherwise to question, review, prohibit or restrain the Appeal Board.



PART 6

INSPECTIONS

Appointment of inspectors

66                        The Minister may appoint one or more persons as inspectors for the purpose of ensuring compliance with this Act and the regulations.



Inspections

67(1)               An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, enter and inspect any premises, except a dwelling house, but including a vessel, vehicle or trailer which he or she has reason to believe are being used for the primary processing, secondary processing, storage or transportation of fish, or the holding of live lobster, and for the purposes of that inspection the inspector may open any container found in those premises that he or she has reason to believe contains fish.



67(2)               Before or after attempting to effect entry under subsection (1), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.



67(3)               An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, require any of the following to be produced for the purposes of inspection or for the purpose of obtaining copies of them or extracts of them:



(a)               books, shipping bills or bills of lading;



(b)               primary processing plant licences, live lobster holding facility licences, secondary processing plant registration certificates, fish purchaser licences or purchasing agent certificates;



(c)               approvals to operate a source of contaminant under the Clean Environment Act;



(d)               certificates of registration under the Fish Inspection Act (Canada);



(e)               any other approvals or authorizations prescribed by regulation; or



(f)                any other reports, records, documents or other information.



67(4)               No person shall without reasonable excuse fail to provide without delay on demand by an inspector any of the following:



(a)               books, shipping bills or bills of lading;



(b)               primary processing plant licences, live lobster holding facility licences, secondary processing plant registration certificates, fish purchaser licences or purchasing agent certificates;



(c)               approvals to operate a source of contaminant under the Clean Environment Act;



(d)               certificates of registration under the Fish Inspection Act (Canada);



(e)               any other approvals or authorizations prescribed by regulation; or



(f)                any other reports, records, documents or other information.



67(5)               An inspector may remove any reports, records, documents or other information produced as a result of a request under subsection (3) or discovered during the inspection for the purpose of making copies or taking extracts.



67(6)               An inspector removing a report, record, document or other information from premises under subsection (5) shall first provide a receipt for it to the person in charge of the premises and shall promptly return the report, record, document or other information to the premises after completion of the making of copies or taking of extracts, as the case may be.



67(7)               Copies of or extracts from reports, records, documents or other information removed from premises under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the reports, records, documents or other information of which they are copies or from which they are extracts.



67(8)               An inspector may seize any fish, container or report, record, document or other information which he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations



(a)               during an inspection under subsection (1),



(b)               during a search authorized under the Provincial Offences Procedure Act, or



(c)               otherwise in accordance with the Provincial Offences Procedure Act.



67(9)               If fish, containers or reports, records, documents or other information are seized under subsection (8), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.



67(10)            Subject to subsection (11), all fish, containers and reports, records, documents or other information seized under subsection (8) may be detained for a period not exceeding 2 months following the day of seizure unless during that period prosecution for an offence under this Act or the regulations has been commenced, in which case the fish, containers and reports, records, documents or other information may be further detained until the proceedings, including the appeal proceedings, are finally concluded.



67(11)            If fish are seized under subsection (8), the inspector or other person having custody of them may sell the fish and pay the proceeds of the sale into the Consolidated Fund.



67(12)            If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,



(a)               the inspector or other person having custody of the fish, containers or reports, records, documents or other information seized shall return them to the person from whom the inspector seized them, or



(b)               if the fish are sold under subsection (11), the Minister shall pay to the person from whom the fish were seized such amount as in the opinion of the Minister represents the value thereof.



67(13)            An inspector carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).



Obstruction of inspectors

68                        No person shall obstruct an inspector who is carrying out or attempting to carry out an inspection under section 67.



PART 7

FORFEITURE

Forfeiture on conviction

69                        If a person is convicted of an offence under this Act or the regulations, the court that convicts the person may, in addition to any penalty imposed under this Act or the regulations, order that any fish or containers in relation to which the offence was committed or the proceeds of any sale under subsection 67(11) be forfeited to Her Majesty in right of the Province to be disposed of as the Minister sees fit.



Application by person claiming interest

70(1)               If any fish, containers or the proceeds of any sale under subsection 67(11) are forfeited to Her Majesty in right of the Province under section 69, any person, other than a person convicted of the offence, who claims an interest in the fish, containers or proceeds as owner, mortgagee, lienholder or holder of any like interest may, within 30 days after the date of the forfeiture, apply to a judge of The Court of Queen's Bench of New Brunswick for an order under subsection (4).



70(2)               The judge to whom an application is made under subsection (1) shall fix a day not more than 20 days after the date of filing the application for the hearing of the application.



70(3)               The applicant shall serve notice of the application and of the hearing on the Minister at least 10 days before the day fixed for the hearing.



70(4)               If, on the hearing of an application, the judge is satisfied on a balance of probabilities that the applicant is not guilty of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted of the offence, the applicant is entitled to an order declaring that his or her interest is not affected by such forfeiture and declaring the nature and extent of his or her interest.



70(5)               The applicant or the Minister may appeal an order under subsection (4) in accordance with the Rules of Court.



70(6)               The Minister shall, on application made to the Minister by any person who has obtained a final order under this section,



(a)               direct that the fish, containers or proceeds to which the interest of the applicant relates be returned to the applicant, or



(b)               direct that an amount equal to the extent of the interest of the applicant, as declared in the order, be paid to the applicant.



70(7)               An application under subsection (6) shall be made not later than 10 days after a final order is made under this section.



70(8)               The Minister may sell or otherwise dispose of the fish and containers as he or she sees fit if



(a)               notice of an application made under subsection (1) has not been served on the Minister within the time prescribed in subsection (3),



(b)               an application has been made under subsection (1) and dismissed and the time limited for appeal has expired, or



(c)               an amount is to be paid under paragraph (6)(b).



PART 8

EVIDENTIARY PROVISIONS

Designation and certificate of qualified technician

71(1)               The Minister may designate persons as qualified technicians, who, in his or her opinion, have received suitable training to analyze and examine the following:



(a)               a portion of the meat, tissue or body fluid of any species of fish;



(b)               containers;



(c)               processing apparatus;



(d)               substances; or



(e)               any other thing prescribed by regulation.



71(2)               Subject to subsections (3) and (4), a certificate stating that a qualified technician has analyzed or examined any of the things listed in subsection (1) and stating the result of the qualified technician's analysis is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.



71(3)               A certificate referred to in subsection (2) shall not be received in evidence unless the party intending to produce it has, before the trial, given to the person against whom the certificate is to be produced, reasonable notice of his or her intention together with a copy of the certificate.



71(4)               A person to whom a certificate of a qualified technician is given under subsection (3) may, with leave of the court, require the attendance of the qualified technician for purposes of cross-examination.



Evidence

72                        In a prosecution with respect to an offence under this Act or the regulations, any report, record, document or other information required to be provided under this Act or the regulations to the Registrar and purporting to be signed by a licensee or holder of a secondary processing plant registration certificate or an officer, director, manager, employee or agent of the licensee or holder if the licensee or holder is a corporation, shall be



(a)               received in evidence by any court in the Province without proof of the signature on the report, record, document or other information,



(b)               proof, in the absence of proof to the contrary, of the facts stated in the report, record, document or other information, and



(c)               on the hearing of an information for an offence under this Act or the regulations proof, in the absence of evidence to the contrary, that the person named in the report, record, document or other information as the licensee or holder is the person charged if the name of the licensee or holder on the information and the name of the person mentioned as the licensee or holder in the report, record, document or other information provided are identical.



PART 9

OFFENCES AND PENALTIES

Offences and penalties

73(1)               A person who violates or fails to comply with any provision of this Act or the regulations commits an offence.



73(2)               A person who violates or fails to comply with a provision of this Act that is listed in Schedule A is liable on conviction to a fine of an amount not less than the minimum or more than the maximum amount prescribed for the offence in Schedule A.



73(3)               A person who violates or fails to comply with a provision of this Act that is not listed in Schedule A is liable on conviction to a fine of not less than $250 and not more than $2,500.



73(4)               A person who violates or fails to comply with any of the provisions of the regulations is liable on conviction to a fine of not less than $250 and not more than $500.



73(5)               A person who fails to comply with the terms or conditions of his or her primary processing plant licence, live lobster holding facility licence, secondary processing plant registration certificate or fish purchaser licence commits an offence and is liable on conviction to a fine of not less than $2,500 and not more than $5,000.



73(6)               A purchasing agent who fails to comply with the terms or conditions of the purchasing agent certificate commits an offence and is liable on conviction to a fine of not less than $2,500 and not more than $5,000.



73(7)               No proceeding for an offence under this Act or the regulations shall be commenced more than 2 years after the later of,



(a)               the day on which the offence was committed, and



(b)               the day evidence of the offence first came to the attention of an inspector.



73(8)               If an offence under this Act or the regulations continues for more than one day,



(a)               the minimum fine that may be imposed is the minimum fine set by subsection (2), (3), (4), (5) or (6), as the case may be, multiplied by the number of days during which the offence continues, and



(b)               the maximum fine that may be imposed is the maximum fine set by subsection (2), (3), (4), (5) or (6), as the case may be, multiplied by the number of days during which the offence continues.



Additional fine

74                        If a person has been convicted of an offence under this Act or the regulations and the court is satisfied that as a result of the commission of the offence the person acquired any monetary benefits or that monetary benefits accrued to the person, the court may order the person to pay, despite the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court's estimation of the amount of those monetary benefits.



Order to pay compensation

75(1)               If a person is convicted of an offence under this Act or the regulations, the court may, in addition to any punishment imposed, order the person to pay the Minister an amount of money for compensation for any costs incurred in the seizure, storage, detainment or disposition of any fish, containers, reports, records, documents, information or other thing seized under this Act or the regulations by means of or in relation to which the offence was committed.



75(2)               If a court orders a person to pay an amount of money as compensation under subsection (1), the amount and any interest payable on that amount constitute a debt due to Her Majesty in right of the Province and may be recovered in any court in the Province.



Corporations

76                        If a corporation commits an offence under this Act or the regulations, an officer, director, manager, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.



PART 10

GENERAL PROVISIONS

Appointment of Registrar

77                        The Minister shall appoint a person employed in the Department as the Registrar for the purposes of this Act and the regulations.



Information to be provided to Registrar

78                        Licensees and holders of secondary processing plant registration certificates shall provide the Registrar with the reports, records, documents and other information required by or in accordance with the regulations, at the times and in the forms in accordance with the regulations.



Agreements

79                        The Minister, with the approval of the Lieutenant-Governor in Council, may enter into an agreement with the Government of Canada, the government of a province or territory of Canada, an agency of the Government of Canada or an agency of the government of a province or territory of Canada concerning



(a)               the collection, use and disclosure of information for the purposes of administering or enforcing this Act or the regulations,



(b)               the appointment of inspectors under this Act, or



(c)               any other matter relating to the orderly and sustainable development of the fish processing industry.



Policies, guidelines, programs and other measures

80                        The Minister may establish policies, guidelines, programs and other measures



(a)               to promote and protect the public interest, and



(b)               for the orderly and sustainable development of the fish processing industry.



Licences and certificates not assignable or transferable

81                        Primary processing plant licences, live lobster holding facility licences, secondary processing plant registration certificates, fish purchaser licences and purchasing agent certificates are not assignable or transferable.



Immunity

82                        No action lies for damages or otherwise against any of the following persons in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act or the regulations by the person:



(a)               the Province;



(b)               the Minister;



(c)               the Registrar;



(d)               an inspector;



(e)               the Appeal Board;



(f)                any member or former member of the Appeal Board; and



(g)               any alternate member or former alternate member of the Appeal Board.



PART 11

REGULATIONS

Regulations

83                        The Lieutenant-Governor in Council may make regulations



(a)               exempting any person, class of persons, species of fish or part, product or by-product of fish from the application of this Act;



(b)               respecting the information that is to be provided to the Registrar for the issuance of a licence or certificate under this Act;



(c)               respecting the form and manner in which applications for the issuance of a licence or certificate under this Act may be made, including the terms and conditions to be satisfied by an applicant before the issuance of the licence or certificate;



(d)               respecting the information that is to be provided to the Registrar for the renewal of a licence or certificate under this Act;



(e)               respecting the form and manner in which applications for the renewal of a licence or certificate under this Act may be made, including the terms and conditions to be satisfied by an applicant before the renewal of the licence or certificate;



(f)                respecting the grounds on which the Registrar may refuse to renew a licence under this Act;



(g)               respecting the information that is to be provided to the Registrar for the amendment of a primary processing plant licence, fish purchaser licence or purchasing agent certificate;



(h)               respecting the form and manner in which applications for the amendment of a primary processing plant licence, fish purchaser licence or purchasing agent certificate may be made, including the terms and conditions to be satisfied by an applicant before the amendment to the licence or certificate;



(i)                respecting the grounds on which the Registrar may refuse to amend a primary processing plant licence or fish purchaser licence;



(j)                respecting the terms and conditions to which a licence or certificate under this Act is subject;



(k)               prescribing fees for the issuance and renewal of a licence or certificate under this Act, including the manner in which the fees are to be calculated;



(l)                prescribing fees for the amendment of a primary processing plant licence, fish purchaser licence or purchasing agent certificate, including the manner in which the fees are to be calculated;



(m)             respecting the reports, records, documents and other information to be prepared and maintained by a licensee or a holder of a secondary processing plant registration certificate, including the form and manner in which they are to be prepared and maintained;



(n)               respecting the reports, records, documents and other information to be provided to the Registrar by a licensee or a holder of a secondary processing plant registration certificate, including the time at which and the form in which they are to be provided;



(o)               prescribing additional duties and authority of inspectors appointed under this Act;



(p)               respecting appeals from decisions of the Registrar under this Act and the regulations, including



(i)         the grounds for appeal,



(ii)       the procedures on appeal,



(iii)    the fees in respect of an appeal,



(iv)      the effect of a decision of the Registrar pending the outcome of an appeal, and



(v)       the powers and authority of the Appeal Board in relation to the appeal;



(q)               respecting remuneration for members and alternate members of the Appeal Board;



(r)               respecting expenses for which members and alternate members of the Appeal Board are entitled to be reimbursed;



(s)               prescribing classes and categories of species of fish;



(t)                respecting forms for the purposes of this Act and the regulations;



(u)               prescribing anything that, by this Act, is to be prescribed by regulation;



(v)               respecting any other matter as may be necessary for the proper administration of this Act.



PART 12

CONSEQUENTIAL AMENDMENT

Fish Inspection Act

84                        Section 4.1 of the Fish Inspection Act, chapter F-18 of the Revised Statutes, 1973, is amended by striking out "unless the person is a holder of a licence under the Fish Processing Act" and substituting "unless the person is a holder of a primary processing plant licence or a secondary processing plant registration certificate under the Seafood Processing Act".



PART 13

REPEAL

Repeal

85(1)               The Fish Processing Act, chapter F-18.01 of the Acts of New Brunswick, 1982, is repealed.



85(2)               New Brunswick Regulation 88-276 under the Fish Processing Act is repealed.



PART 14

COMMENCEMENT

Commencement

86                        This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



SCHEDULE A

Penalties

Section
   
Minimum
   
Maximum


   
   
   
   

4
First Offence

Second or

Subsequent Offence
$10,000

100,000
   
$100,000

500,000


   
   
   
   

9(4)
First Offence

Second or

Subsequent Offence
10,000

100,000
   
100,000

500,000


   
   
   
   

17
First Offence

Second or

Subsequent Offence
10,000

100,000
   
100,000

500,000


   
   
   
   

18
First Offence

Second or

Subsequent Offence
10,000

100,000
   
   100,000

500,000


   
   
   
   

27
First Offence

Second or

Subsequent Offence
10,000

100,000
   
100,000

500,000


   
   
   
   

35
   
2,500
   
5,000


   
   
   
   

40(5)
   
2,500
   
5,000


   
   
   
   

52(2)
   
2,500
   
5,000


   
   
   
   

67(4)
   
2,500
   
5,000


   
   
   
   

68
   
1,000
   
5,000


   
   
   
   

78
   
2,500
   
5,000

 

Amendment : Section 13

Strike out section 13 and substitute the following:

13 The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a primary processing plant licence subject to terms and conditions in relation to

(a) the source of the fish,

(b) the time at which and the form in which reports, records, documents or other information are to be provided to the Registrar,

(c) the form and manner in which reports, records, documents or other information are to be prepared and maintained, and

(d) any other matter the Registrar considers necessary for the purposes of this Act and the regulations.

Section 23

Strike out section 23 and substitute the following:

23 The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a live lobster holding facility licence subject to terms and conditions in relation to

(a) the source of the lobster, and

(b) any other matter the Registrar considers necessary for the purposes of this Act and the regulations.


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