BILL 10

An Act to Amend the Potato Disease Eradication Act

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

1 The Potato Disease Eradication Act, chapter P-9.4 of the Acts of New Brunswick, 1979, is amended by adding after section 2 the following:

2.1 An advisory council is established to advise the Minister on any question submitted to it with respect to the eradication of potato diseases in the Province.

2.2 After considering the advice of the advisory council, the Minister may, by order, determine the maximum acceptable levels of PVY for all seed potatoes that are tested for disease in accordance with the regulations.

2.3 The Regulations Act does not apply to an order made by the Minister under section 2.2.

2.4 No person shall plant or grow in the Province any seed potatoes referred to in section 2.2 if the levels of PVY detected in them are in excess of the acceptable levels of PVY as set by the Minister.

2 Subsection 20(2) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “growers” and substituting “producers”.

3 Section 24 of the Act is repealed and the following is substituted:

24 A person who violates or fails to comply with a provision of this Act or the regulations commits an offence and is liable, on conviction, to a fine of not less than $1,000 and not more than $20,000.

4 Section 25.1 of the Act is repealed.

5 Section 25.3 of the Act is repealed.

6 Section 25.4 of the Act is repealed.

7 Section 25.5 of the Act is repealed.

8 Section 25.6 of the Act is repealed.

9 Section 25.7 of the Act is repealed.

10 Section 25.8 of the Act is repealed.

11 Section 25.9 of the Act is amended

(a)  in subsection (1) by striking out “25.8(1) or”;

(b)  by repealing subsection (2) and substituting the following:

25.9(2) A statement and demand for payment of expenses under subsection (1) shall be served personally on or sent by registered mail to the person against whom the original order was made.

(c)  in subsection (3)

(i) in paragraph (b) by striking out “25.8,”;

(ii) in paragraph (c) by striking out “25.8,”.

12 Subsection 26(1) of the Act is amended

(a)  by adding after paragraph (a) the following:

(a.1)  respecting appointments and terms of appointment to the advisory council;

(a.2)  respecting the meetings of the advisory council;

(a.3)  respecting the duties of the members of the advisory council;

(a.4)  respecting the reports and recommendations of the advisory council;

(a.5)  respecting expenses payable to persons who serve on the advisory council;

(b)  by adding after paragraph (t) the following:

(t.1)  respecting the information to be provided to the Minister by a producer or a seed producer;

(t.2)  establishing deadlines for the provision of information to the Minister by a producer or a seed producer;

13 Schedule A of the Act is repealed.

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