BILL 28
An Act to Amend the
Fisheries Development Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
5 of the Fisheries Development Act, chapter F-15.1 of the Acts of
New Brunswick , 1977, is amended
(a) by repealing
subsection (1) and substituting the following:
5(1) The Minister shall not act under the authority of subsection 3(1) unless an application has been made
to the Board, and
(a) the Board has referred the application
to the Minister in accordance with subsection (3.1), or
(b) the Board, after duly considering
the application, has transmitted its recommendation to the Minister.
(b) in
subsection (3), in the portion preceding paragraph (a) by striking
out “The Board shall consider all applications” and substituting “The Board shall consider
all applications for financial assistance for more than twenty-five
thousand dollars”;
(c) by adding
after subsection (3) the following:
5(3.1) The Board shall refer to the Minister all applications for
financial assistance for twenty-five thousand dollars or less made
to it.
5(3.2) The Board is not required to make
a recommendation with respect to an application referred to the Minister
under subsection (3.1).
2 Section
7 of the Act is amended
(a) by renumbering
the section as subsection 7(1);
(b) by repealing
paragraph (1)(n) and substituting the following:
(n) prescribing annual charges and the
terms and conditions applicable to annual charges;
(c) by adding
after subsection (1) the following:
7(2) A regulation made under paragraph (1)(n) may be retroactive to
February 15, 2003, or to any date after February 15, 2003.
3 Section
9 of the Act is amended
(a) by repealing
subsection (1) and substituting the following:
Annual charge
9(1) Any person who receives financial assistance under this Act shall
pay to the Minister an annual charge in accordance with the terms
and conditions prescribed by regulation.
(b) in subsection
(2) by striking out “service fees” and substituting “annual charges”.
TRANSITIONAL PROVISION
4 Any reference to “service fee”
in any agreement or other instrument or document that was valid and
of full force and effect immediately before the commencement of this
section shall be deemed to be a reference to “annual charge”.
COMMENCEMENT
5 Sections 2 and 3 of this Act shall be deemed
to have come into force on February 15, 2003.
EXPLANATORY NOTES
Section 1
(a) The existing provision is
as follows:
5(1) The Minister shall not act under the
authority of subsection 3(1), unless
(a) an application has been made to
the Board, and
(b) the Board, after duly considering
the application, has transmitted its recommendation to the Minister.
(b) The existing provision is
as follows:
5(3) The Board shall consider all applications made to it and shall
transmit to the Minister, within a reasonable time of considering
each application, a recommendation setting forth...
(c) New provisions.
Section 2
(a) The amendment is consequential
on the amendment made in paragraph 2(c) of the amending Act.
(b) The existing provision is
as follows:
7 The Lieutenant-Governor in Council may
make regulations...
(n) prescribing a service fee and the
terms and conditions thereof;
(c) New provision.
Section 3
(a) The existing provision is
as follows:
9(1) Any person who receives financial assistance
under this Act shall pay to the Minister a service fee as prescribed
by regulation.
(b) The existing provision is
as follows:
9(2) The service fees received by the Minister under this section
shall be paid into the Consolidated Fund.
Section 4
Transitional provision.
Section 5
Commencement.