BILL 55

An Act to Amend the Seafood Processing Act

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

1 Section 1 of the Seafood Processing Act, chapter S-5.3 of the Acts of New Brunswick, 2006, is amended

(a)  by repealing the following definitions:

“fish purchaser licence”;

“purchasing agent”;

“purchasing agent certificate”;

(b)  in the definition “licensee” by striking out “fish purchaser licence” and substituting “fish buying licence”;

(c)  by adding the following definitions in alphabetical order:

“fish buying licence” means a fish buying licence issued under section 36 and includes a renewal of the licence. (permis d’acquéreur de poisson)

“training certificate” means a training certificate issued under section 80.2. (attestation de formation)

2 The heading “FISH PURCHASER LICENCE AND PURCHASING AGENT CERTIFICATE” preceding section 35 of the Act is repealed and the following is substituted:

FISH BUYING LICENCE

3 Section 35 of the Act is repealed and the following is substituted:

Prohibition

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

4 Section 36 of the Act is amended

(a)  by repealing subsection (1) and substituting the following:

36( 1) On application in accordance with the regulations, the Registrar may issue a fish buying licence to any person.

(b)  in subsection (2) by striking out “fish purchaser licence” and substituting “fish buying licence”.

5 Section 37 of the Act is amended in the portion preceding paragraph (a) by striking out “fish purchaser licence under paragraph 36(1)(b)” and substituting “fish buying licence under subsection 36(1)”.

6 Section 38 of the Act is repealed and the following is substituted:

Renewal of licence

38 On application in accordance with the regulations, the Registrar may renew a fish buying licence issued under subsection 36(1).

7 Section 39 of the Act is amended

(a)  in subsection (1) in the portion preceding paragraph (a) by striking out “fish purchaser licence under paragraph 38(b)” and substituting “fish buying licence under section 38”;

(b)  in subsection (2) by striking out “fish purchaser licence under paragraph 38(b)” and substituting “fish buying licence under section 38”;

(c)  by repealing subsection (3).

8 The heading “Species of fish specified on licence” preceding section 40 of the Act is repealed.

9 Section 40 of the Act is repealed.

10 The heading “Refusal to specify species of fish on licence” preceding section 41 of the Act is repealed.

11 Section 41 of the Act is repealed.

12 The heading “Amendment of licence” preceding section 42 of the Act is repealed.

13 Section 42 of the Act is repealed.

14 The heading “Refusal to amend licence” preceding section 43 of the Act is repealed.

15 Section 43 of the Act is repealed.

16 Section 44 of the Act is repealed and the following is substituted:

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 buying licence subject to terms and conditions in relation to any matter the Registrar considers necessary for the purposes of this Act and the regulations.

17 Section 45 of the Act is amended

(a)  in subsection (1) in the portion preceding paragraph (a) by striking out “fish purchaser licence” and substituting “fish buying licence”;

(b)  by repealing subsection (2).

18 Section 46 of the Act is repealed and the following is substituted:

Fees

46 The fee for the issuance of a fish buying licence under subsection 36(1) or the renewal of a fish buying licence under section 38 shall be calculated in accordance with the regulations.

19 Section 47 of the Act is repealed and the following substituted:

Waiting period after refusal of application or revocation of licence

47 If the Registrar refuses to issue a fish buying licence under subsection 36(1) or renew a fish buying licence under section 38 or revokes a fish buying licence under section 45, the applicant or licensee shall not apply for a fish buying licence for the period of time prescribed by regulation.

20 The heading “Issuance of certificate” preceding section 48 of the Act is repealed.

21 Section 48 of the Act is repealed.

22 The heading “Refusal to issue certificate” preceding section 49 of the Act is repealed.

23 Section 49 of the Act is repealed.

24 The heading “Renewal of certificate” preceding section 50 of the Act is repealed.

25 Section 50 of the Act is repealed.

26 The heading “Refusal to renew certificate” preceding section 51 of the Act is repealed.

27 Section 51 of the Act is repealed.

28 The heading “Species of fish specified on certificate” preceding section 52 of the Act is repealed.

29 Section 52 of the Act is repealed.

30 The heading “Amendment of certificate” preceding section 53 of the Act is repealed.

31 Section 53 of the Act is repealed.

32 The heading “Terms and conditions” preceding section 54 of the Act is repealed.

33 Section 54 of the Act is repealed.

34 The heading “Suspension and revocation of certificate” preceding section 55 of the Act is repealed.

35 Section 55 of the Act is repealed.

36 The heading “Fees” preceding section 56 of the Act is repealed.

37 Section 56 of the Act is repealed.

38 The heading “Waiting period after refusal of application or revocation of certificate” preceding section 57 of the Act is repealed.

39 Section 57 of the Act is repealed.

40 The heading “Requirement to carry licence or certificate” preceding section 58 of the Act is repealed.

41 Section 58 of the Act is repealed.

42 Section 67 of the Act is amended

(a)  in subsection (3)

( i) in paragraph (b) by striking out “, fish purchaser licences or purchasing agent certificates” and substituting “or fish buying licences”;

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

(b.1)  training certificates;

(b.2)  government-issued photo identification cards;

(b)  in subsection (4)

( i) in paragraph (b) by striking out “, fish purchaser licences or purchasing agent certificates” and substituting “or fish buying licences”;

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

(b.1)  training certificates;

(b.2)  government-issued photo identification cards;

43 Section 73 of the Act is amended

(a)  in subsection (5) by striking out “fish purchaser licence” and substituting “fish buying licence”;

(b)  by repealing subsection (6).

44 The Act is amended by adding after section 80 the following:

Training approved by the Minister

80.1 The Minister may approve training programs relating to the handling of fish for the purposes of this Act or the regulations.

Training certificate

80.2( 1) An organization that provides a training program approved by the Minister under section 80.1 shall issue a training certificate to any person who successfully completes the training program.

80.2( 2) A training certificate referred to in subsection (1) shall include the following information:

(a)  the name of the organization that provided the training program;

(b)  the name of the program;

(c)  the name of the person who completed the program; and

(d)  the date on which the person completed the program.

45 Section 81 of the Act is amended by striking out “, fish purchaser licences and purchasing agent certificates” and substituting “and fish buying licences”.

46 Section 83 of the Act is amended

(a)  in paragraph (g) by striking out “, fish purchaser licence or purchasing agent certificate”;

(b)  by repealing paragraph (h) and substituting the following:

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

(c)  in paragraph (i) by striking out “or fish purchaser licence”;

(d)  in paragraph (l) by striking out “, fish purchaser licence or purchasing agent certificate”.

47 Schedule A of the Act is amended

(a)  by repealing the following:

17	First Offence Second or Subsequent Offence	10,000 100,000	100,000 500,000
40(5)		2,500	5,000
52(2)		2,500	5,000

(b)  by adding the following:

17(1)	First Offence Second or Subsequent Offence	10,000 100,000	100,000 500,000

48( 1) Any fish purchaser licence or purchasing agent certificate issued under the Seafood Processing Act expires on the commencement of this amending Act.

48( 2) The Registrar appointed under the Seafood Processing Act shall issue, without payment of a fee, a fish buying licence to any person who, immediately before the commencement of this amending Act, held a valid fish purchaser licence or purchasing agent certificate issued under the Seafood Processing Act.

49 This Act comes into force on August 1, 2013.