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.
Chapter Outline Update
1
Strike out section 5(1) — (3) and substitute the following:
Application for financial assistance5(1), (2), (3), (3.1),(3.2)