Bill 28 - An Act to Amend the Seafood Processing Act

BILL 28

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 definition “live lobster holding facility licence”;

(b) by repealing the definition “primary processing plant licence”;

(d) by repealing the definition “Appeal Board” and substituting the following:

“Appeal Board” means the Licensing and Penalty Appeal Board established under section 59. (comité d’appel)

(e) by repealing the definition “licensee” and substituting the following:

“licensee” means a person who holds a Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence, Class 3 provisional licence or fish buying licence. (titulaire d’un permis)

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

“Class 1 licence” means a Class 1 primary processing plant licence issued under section 5 and includes a renewal of the licence. (permis de classe 1)

“Class 1 provisional licence” means a Class 1 provisional primary processing plant licence issued under section 16.1 and includes a renewal of the licence. (permis provisoire de classe 1)

“Class 2 licence” means a Class 2 primary processing plant licence issued under section 16.3 and includes a renewal of the licence. (permis de classe 2)

“Class 2 provisional licence” means a Class 2 provisional primary processing plant licence issued under section 16.51 and includes a renewal of the licence. (permis provisoire de classe 2)

“Class 3 licence” means a Class 3 primary processing plant licence issued under section 16.6 and includes a renewal of the licence. (permis de classe 3)

“Class 3 provisional licence” means a Class 3 provisional primary processing plant licence issued under section 16.83 and includes a renewal of the licence. (permis provisoire de classe 3)

“quality improvement officer” means a quality improvement officer appointed under section 68.1. (agent)

2 The heading “PRIMARY PROCESSING PLANT LICENCE” preceding section 4 of the English version of the Act is repealed and the following is substituted:

PRIMARY PROCESSING PLANT LICENCES

3 Section 4 of the Act is repealed and the following is substituted:

Prohibition

4 No person shall establish, operate or maintain a primary processing plant unless that person holds one of the following licences:

(a) a Class 1 licence;

(b) a Class 2 licence;

(d) a Class 1 provisional licence;

(e) a Class 2 provisional licence; or

(f) a Class 3 provisional licence.

4 The heading “Issuance of licence” preceding section 5 of the Act is repealed and the following is substituted:

Issuance of Class 1 licence

5 Section 5 of the Act is amended

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

5( 1) On application in accordance with the regulations, the Registrar may issue a Class 1 primary processing plant licence to an owner or lessee of a primary processing plant who

(a) holds a certificate of registration under the Fish Inspection Act (Canada), and

(b) has the certification required in accordance with the regulations.

(b) in subsection (2) by striking out “A primary processing plant licence” and substituting “A Class 1 licence”.

6 The heading “Refusal to issue licence” preceding section 6 of the Act is repealed and the following is substituted:

Refusal to issue Class 1 licence

7 Section 6 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “a primary processing plant licence” and substituting “a Class 1 licence”;

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

(a) the applicant does not have the certificate or certification referred to in subsection 5(1), or

8 The heading “Renewal of licence” preceding section 7 of the Act is repealed and the following is substituted:

Renewal of Class 1 licence

9 Section 7 of the Act is amended by striking out “a primary processing plant licence” and substituting “a Class 1 licence”.

10 The heading “Refusal to renew licence” preceding section 8 of the Act is repealed and the following is substituted:

Refusal to renew Class 1 licence

11 Section 8 of the Act is repealed and the following is substituted:

Refusal to renew Class 1 licence

8( 1) The Registrar may refuse to renew a Class 1 licence if

(a) the applicant does not have the certificate referred to in paragraph 5(1)(a) or, subject to section 16.93, the certification required in accordance with the regulations,

(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

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

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

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

( ii) the licensee has violated or failed to comply with any 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( 2) The Registrar may refuse to renew a Class 1 licence on any other grounds prescribed by regulation.

12 The heading “Species of fish specified on licence” preceding section 9 of the Act is repealed and the following is substituted:

Species of fish processed under Class 1 licence

13 Section 9 of the Act is repealed and the following is substituted:

Species of fish processed under Class 1 licence

9 The holder of a Class 1 licence may process all species of fish in a primary processing plant.

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

15 Section 10 of the Act is repealed.

16 The heading “Amendment of licence” preceding section 11 of the Act is repealed and the following is substituted:

Amendment of Class 1 licence

17 Section 11 of the Act is repealed and the following is substituted:

Amendment of licence

11 On application in accordance with the regulations, the Registrar may amend a Class 1 licence in relation to

(a) the terms and conditions of the licence, or

(b) any other grounds prescribed by regulation.

18 The heading “Refusal to amend licence” preceding section 12 of the Act is repealed and the following is substituted:

Refusal to amend Class 1 licence

19 Section 12 of the Act is repealed and the following is substituted:

Refusal to amend licence

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

(a) within three 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

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

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

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

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

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

12( 2) The Registrar may refuse to amend a Class 1 licence on any other grounds prescribed by regulation.

20 Section 13 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “a primary processing plant licence” and substituting “a Class 1 licence”;

(b) by repealing paragraph (a).

21 The heading “Suspension and revocation of licence” preceding section 14 of the Act is repealed and the following is substituted:

Suspension and revocation of Class 1 licence

22 Section 14 of the Act is repealed and the following is substituted:

Suspension and revocation of licence

14 The Registrar may suspend or revoke a Class 1 licence if

(a) the licensee does not have the certificate referred to in paragraph 5(1)(a) or, subject to section 16.93, the certification required in accordance with the regulations,

(b) 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

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

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

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

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

23 Section 15 of the Act is repealed and the following is substituted:

Fees

15 The fee for the application for, the issuance of or the renewal of a Class 1 licence shall be in the amount prescribed by regulation.

24 The heading “Waiting period after refusal of application or revocation of licence” preceding section 16 of the Act is repealed.

25 Section 16 of the Act is repealed.

26 The Act is amended by adding before section 17 the following:

Issuance of Class 1 provisional licence

16.1( 1) On application in accordance with the regulations, the Registrar may issue a Class 1 primary processing plant provisional licence to an owner or lessee of a primary processing plant who

(a) holds a certificate of registration under the Fish Inspection Act (Canada),

(b) will obtain the certification required in accordance with the regulations within 12 months after applying for the licence, and

(c) submits to the Registrar a plan that is on a form provided by the Minister and that states the steps taken to obtain the certification and the remaining steps to be taken to obtain the certification.

16.1( 2) A Class 1 provisional licence is valid for the period of time prescribed by regulation.

Renewal of Class 1 provisional licence

16.11( 1) On application in accordance with the regulations, the Registrar may renew a Class 1 provisional licence for the period of time prescribed by regulation.

16.11( 2) Despite subsection (1), the Registrar may extend the period of time referred to in subsection (1) if he or she considers it appropriate.

Application of other provisions

16.2 Paragraphs 6(b) and 8(1)(b) and (c), subsection 8(2), sections 9, 11, 12 and 13, paragraphs 14(b) and (c) and section 15 apply with the necessary modifications to a Class 1 provisional licence.

Issuance of Class 2 licence

16.3( 1) On application in accordance with the regulations, the Registrar may issue a Class 2 primary processing plant licence to an owner or lessee of a primary processing plant who

(a) holds a certificate of registration under the Fish Inspection Act (Canada), and

(b) has the certification required in accordance with the regulations.

16.3( 2) A Class 2 licence is valid for the period of time prescribed by regulation.

Refusal to issue Class 2 licence

16.31 The Registrar may refuse to issue a Class 2 licence under subsection 16.3(1) if

(a) the applicant does not have the certificate or certification referred to in subsection 16.3(1), or

(b) within three years before the date the Registrar receives the application for 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 Class 2 licence

16.32 On application in accordance with the regulations, the Registrar may renew a Class 2 licence.

Refusal to renew Class 2 licence

16.33( 1) The Registrar may refuse to renew a Class 2 licence if

(a) the licensee does not have the certificate referred to in paragraph 16.3(1)(a) or, subject to section 16.93, the certification required in accordance with the regulations,

(b) within one year before the date the Registrar receives the application for the renewal, 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

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

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

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

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

16.33( 2) The Registrar may refuse to renew a Class 2 licence on any other grounds prescribed by regulation.

Species of fish processed under Class 2 licence

16.4( 1) The holder of a Class 2 licence may process all species of fish in a primary processing plant except those prescribed by regulation.

16.4( 2) Subject to subsection 17.2(2), no holder of a Class 2 licence shall process in a primary processing plant a species of fish prescribed by regulation.

Amendment of Class 2 licence

16.41 On application in accordance with the regulations, the Registrar may amend a Class 2 licence in relation to

(a) the terms and conditions of the licence, or

(b) any other grounds prescribed by regulation.

Refusal to amend Class 2 licence

16.42( 1) The Registrar may refuse to amend a Class 2 licence under section 16.41 if

(a) within three 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

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

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

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

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

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

16.42( 2) The Registrar may refuse to amend a Class 2 licence on any other grounds prescribed by regulation.

Terms and conditions

16.43 The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a Class 2 licence subject to terms and conditions in relation to

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

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

Suspension and revocation of Class 2 licence

16.44 The Registrar may suspend or revoke a Class 2 licence if

(a) the licensee does not have the certificate referred to in paragraph 16.3(1)(a) or, subject to section 16.93, the certification required in accordance with the regulations,

(b) 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

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

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

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

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

Fees

16.5 The fee for the application for, the issuance of or the renewal of a Class 2 licence shall be in the amount prescribed by regulation.

Issuance of Class 2 provisional licence

16.51( 1) On application in accordance with the regulations, the Registrar may issue a Class 2 primary processing plant provisional licence to an owner or lessee of a primary processing plant who

(a) holds a certificate of registration under the Fish Inspection Act (Canada),

(b) will obtain the certification required in accordance with the regulations within 12 months after applying for the licence, and

16.51( 2) A Class 2 provisional licence is valid for the period of time prescribed by regulation.

Renewal of Class 2 provisional licence

16.52( 1) On application in accordance with the regulations, the Registrar may renew a Class 2 provisional licence for the period of time prescribed by regulation.

16.52( 2) Despite subsection (1), the Registrar may extend the period of time referred to in subsection (1) if he or she considers it appropriate.

Application of other provisions

16.53 Paragraphs 16.31(b) and 16.33(1)(b) and (c), subsection 16.33(2), sections 16.4, 16.41, 16.42 and 16.43, paragraphs 16.44(b) and (c) and section 16.5 apply with the necessary modifications to a Class 2 provisional licence.

Issuance of Class 3 licence

16.6( 1) On application in accordance with the regulations, the Registrar may issue a Class 3 primary processing plant licence to an owner or lessee of a primary processing plant who

(a) holds a certification under the Fish Inspection Act (Canada), and

(b) has the certification required in accordance with the regulations.

16.6( 2) A Class 3 licence is valid for the period of time prescribed by regulation.

Refusal to issue Class 3 licence

16.61 The Registrar may refuse to issue a Class 3 licence under subsection 16.6(1) if

(a) the applicant does not have the certificate or certification referred to in subsection 16.6(1), or

(b) within three years before the date the Registrar receives the application for 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 Class 3 licence

16.62 On application in accordance with the regulations, the Registrar may renew a Class 3 licence.

Refusal to renew Class 3 licence

16.63( 1) The Registrar may refuse to renew a Class 3 licence if

(a) the licensee does not have the certificate referred to in paragraph 16.6(1)(a) or, subject to section 16.93, the certification required in accordance with the regulations,

(b) within one year before the date the Registrar receives the application for the renewal, 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

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

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

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

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

16.63( 2) The Registrar may refuse to renew a Class 3 licence on any other grounds prescribed by regulation.

Species of fish specified on Class 3 licence

16.7( 1) If the Registrar issues a Class 3 licence under subsection 16.6(1), he or she shall specify on the licence the species of fish permitted to be processed under the licence.

16.7( 2) If the Registrar renews a Class 3 licence under section 16.62, he or she shall specify on the licence the species of fish permitted to be processed under the licence.

16.7( 3) No holder of a Class 3 licence shall process a species of fish in a primary processing plant unless the species is specified on the licence.

Prohibition respecting species of fish

16.71 Subject to subsection 17.2(3), the species of fish prescribed by regulation shall not be specified on a Class 3 licence.

Amendment of Class 3 licence

16.72 On application in accordance with the regulations, the Registrar may amend a Class 3 licence in relation to

(a) the species of fish permitted to be processed under the licence,

(b) the terms and conditions of the licence, or

Refusal to amend Class 3 licence

16.73( 1) The Registrar may refuse to amend a Class 3 licence under section 16.72 if

(a) within three years before the date the Registrar receives the application for the amendment of the licence, the applicant has been convicted of an offence

( i) under this Act or the regulations,

( 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) a provision of this Act or the regulations, or

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

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

16.73( 2) The Registrar may refuse to amend a Class 3 licence on any other grounds prescribed by regulation.

Terms and conditions

16.74 The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a Class 3 licence subject to terms and conditions in relation to

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

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

Suspension and revocation of Class 3 licence

16.8 The Registrar may suspend or revoke a Class 3 licence if

(a) the licensee does not have the certificate referred to in paragraph 16.6(1)(a) or, subject to section 16.93, the certification required in accordance with the regulations,

(b) 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

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

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

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

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

Fees

16.81 The fee for the application for, the issuance of, the renewal of or the amendment of a Class 3 licence shall be calculated in accordance with the regulations.

Issuance of Class 3 provisional licence

16.82( 1) On application in accordance with the regulations, the Registrar may issue a Class 3 primary processing plant provisional licence to an owner or lessee of a primary processing plant who

(a) holds a certificate of registration under the Fish Inspection Act (Canada),

(b) will obtain the certification required in accordance with the regulations within 12 months after applying for the licence, and

16.82( 2) A Class 3 provisional licence is valid for the period of time prescribed by regulation.

Renewal of Class 3 provisional licence

16.9( 1) On application in accordance with the regulations, the Registrar may renew a Class 3 provisional licence for the period of time prescribed by regulation.

16.9( 2) Despite subsection (1), the Registrar may extend the period of time referred to in subsection (1) if he or she considers it appropriate.

Application of other provisions

16.91 Paragraphs 16.61(b) and 16.63(1)(b) and (c), subsection 16.63(2), sections 16.7, 16.71, 16.72, 16.73 and 16.74, paragraphs 16.8(b) and (c) and section 16.81 apply with the necessary modifications to a Class 3 provisional licence.

Notice to Registrar

16.92 The holder of a Class 1 licence, Class 2 licence or Class 3 licence who loses or relinquishes the certification referred to in paragraph 5(1)(b), 16.3(1)(b) or 16.6(1)(b), as the case may be, shall so notify the Registrar in writing within ten working days after losing or relinquishing the certification.

Extension of time

16.93( 1) The holder of a Class 1 licence, Class 2 licence or Class 3 licence who loses or relinquishes the certification referred to in paragraph 5(1)(b), 16.3(1)(b) or 16.6(1)(b), as the case may be, has 90 days to become recertified.

16.93( 2) No holder of a Class 1 licence, Class 2 licence or Class 3 licence who loses or relinquishes the certification referred to in paragraph 5(1)(b), 16.3(1)(b) or 16.6(1)(b), as the case may be, shall process any species of fish in a primary processing plant after the period of time referred to in subsection (1).

16.93( 3) The Registrar shall revoke the Class 1 licence, Class 2 licence or Class 3 licence of a licensee who does not become recertified within 120 days after losing or relinquishing the certification.

16.93( 4) If the holder of a Class 1 licence who loses or relinquishes the certification referred to in subsection 5(1)(b) has the certification required under paragraph 16.3(1)(b) or 16.6(1)(b), as the case may be, the licensee may apply in accordance with the regulations for a Class 2 licence or Class 3 licence before the expiration of the period of time referred to in subsection (3).

16.93( 5) Despite subsection (4), the holder of a Class 1 licence who loses or relinquishes the certification referred to in paragraph 5(1)(b) and who had been previously issued a Class 2 licence or Class 3 licence under subsection 17.2(1), may apply in accordance with the regulations for a new Class 2 licence or Class 3 licence before the expiration of the period of time referred to in subsection (3).

27 The heading “Re-equipment, modification or expansion of primary processing plant” preceding section 17 of the Act is repealed and the following is substituted:

Expansion of primary processing plant where hard cure smoked herring is processed

28 Section 17 of the Act is repealed and the following is substituted:

Expansion of primary processing plant where hard cure smoked herring is processed

17( 1) No holder of a licence referred to in this Part who processes hard cure smoked herring in a primary processing plant shall expand the capacity of the plant to process hard cure smoked herring without the written approval of the Registrar.

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 expand the primary processing plant having regard to

(a) the supply of herring available, and

(b) the existing primary processing capacity for hard cure smoked herring.

29 The Act is amended by adding after section 17 the following:

Compliance with terms and conditions of licence

17.1 Every licensee under this Part shall comply with the terms and conditions of the licence.

Transitional provisions

17.2( 1) On application in accordance with the regulations, the Registrar may issue a Class 2 licence or a Class 3 licence to the holder of a primary processing plant licence that is in force immediately before the commencement of this subsection even though the holder does not have the certification referred to in paragraph 16.3(1)(b) or 16.6(1)(b), as the case may be.

17.2( 2) The person who initially obtains a Class 2 licence under subsection (1) may process all species of fish in the primary processing plant, including the species prescribed by regulation,

(a) if the species are specified on the holder’s primary processing plant licence on September 30, 2013, or before that date, or

(b) if the species are specified on the holder’s primary processing plant licence after September 30, 2013, and the application for the licence or for the amendment of the licence was made on or before September 30, 2013.

17.2( 3) The person who initially obtains a Class 3 licence under subsection (1) may process any species of fish in the primary processing plant that is specified on the person’s licence, including the species prescribed by regulation,

(a) if the species are specified on the holder’s primary processing plant licence on September 30, 2013, or before that date, or

17.2( 4) If the Registrar renews a Class 2 licence of a person referred to in subsection (2), he or she shall specify on the licence the species of fish that are not permitted to be processed under the licence.

17.2( 5) No holder of a Class 2 licence initially issued under subsection (1) shall process in a primary processing plant a species of fish specified on the holder’s licence.

17.2( 6) Despite section 16.4, when a primary processing plant for which there is a valid Class 2 licence issued under subsection (1) is sold or leased for the first time after the commencement of this subsection, the new owner or lessee who obtains a Class 2 licence may process the species of fish referred to in subsection (2) in the plant.

17.2( 7) Despite section 16.71, when a primary processing plant for which there is a valid Class 3 licence issued under subsection (1) is sold or leased for the first time after the commencement of this subsection, the new owner or lessee who obtains a Class 3 licence may process the species of fish referred to in subsection (3) in the plant.

17.2( 8) The fee for the application for, the issuance of or the renewal of a licence issued under subsection (1) shall be calculated in accordance with the regulations.

17.2( 9) The fee for the amendment of a Class 3 licence issued under subsection (1) shall be calculated in accordance with the regulations.

30 The heading “PART 2 LIVE LOBSTER HOLDING FACILITY LICENCE” preceding section 18 of the Act is repealed.

31 The heading “Prohibition” preceding section 18 of the Act is repealed.

32 Section 18 of the Act is repealed.

33 The heading “Issuance of licence” preceding section 19 of the Act is repealed.

34 Section 19 of the Act is repealed.

35 The heading “Refusal to issue licence” preceding section 20 of the Act is repealed.

36 Section 20 of the Act is repealed.

37 The heading “Renewal of licence” preceding section 21 of the Act is repealed.

38 Section 21 of the Act is repealed.

39 The heading “Refusal to renew licence” preceding section 22 of the Act is repealed.

40 Section 22 of the Act is repealed.

41 The heading “Terms and conditions” preceding section 23 of the Act is repealed.

42 Section 23 of the Act is repealed.

43 The heading “Suspension and revocation of licence” preceding section 24 of the Act is repealed.

44 Section 24 of the Act is repealed.

45 The heading “Fees” preceding section 25 of the Act is repealed.

46 Section 25 of the Act is repealed.

47 The heading “Waiting period after refusal of application or revocation of licence” preceding section 26 of the Act is repealed.

48 Section 26 of the Act is repealed.

49 The Act is amended by adding after section 31 the following:

Compliance with terms and conditions of certificate

31.1 Every holder of a secondary processing plant registration certificate shall comply with the terms and conditions of the certificate.

50 Section 35 of the Act is amended by adding “on a wharf” after “fisher”.

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

Compliance with terms and conditions of licence

44.1 Every holder of a fish buying licence shall comply with the terms and conditions of the licence.

52 The heading “Waiting period after refusal of application or revocation of licence” preceding section 47 of the Act is repealed.

53 Section 47 of the Act is repealed.

54 Section 59 of the Act is repealed and the following is substituted:

Composition of Appeal Board

59( 1) The Licensing Appeal Board is continued under the name Licensing and Penalty Appeal Board.

59( 2) A member of the Appeal Board who held office immediately before the commencement of this subsection continues in office until the member resigns or is reappointed or replaced.

59( 3) The change in name of the Appeal Board does not affect the rights and obligations of the Appeal Board and all proceedings that might have been continued or commenced by or against the Appeal Board under its former name may be continued or commenced by or against the Appeal Board under its new name.

59( 4) Any reference to the Licensing Appeal Board in any other Act or in any regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the Licensing and Penalty Appeal Board unless the context otherwise requires.

55 Section 64 of the Act is amended

(a) in subsection (1) by striking out “such remuneration in accordance with the regulations” and substituting “the remuneration fixed by the Lieutenant-Governor in Council”;

(b) by adding after subsection (1) the following:

64( 1.1) The Regulations Act does not apply to an Order in Council made under subsection (1).

56 Section 65 of the Act is amended

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

65( 1) An applicant for a licence or a secondary processing plant certificate, a licensee, a holder of a certificate or a person who is served with a notice of non-compliance under section 76.1 may, in accordance with the regulations, appeal a decision of the Registrar or the inspector, as the case may be, to the Appeal Board.

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

65( 2) The Appeal Board shall hear the appeal in accordance with the regulations.

57 Section 67 of the Act is amended

(a) in subsection (1) by striking out “, or the holding of live lobster,”;

(b) by adding after subsection (2) the following:

67( 2.1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time, issue an order to a person to

(a) stop processing fish in a primary processing plant for which there is no valid Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence or Class 3 provisional licence,

(b) stop the expansion of a primary processing plant where hard cure smoked herring is processed if the person has not obtained the approval of the Registrar under section 17,

(d) stop purchasing fish if the person does not have a valid fish buying licence, and

(e) stop purchasing fish if the person is not complying with any terms and conditions of his or her fish buying licence.

67( 2.2) A person issued an order referred to in subsection (2.1) shall comply with the order.

(b) Class 1 licences, Class 2 licences, Class 3 licences, Class 1 provisional licences, Class 2 provisional licences, Class 3 provisional licences, secondary processing plant registration certificates or fish buying licences;

(d) by repealing paragraph (4)(b) and substituting the following:

58 The Act is amended by adding after section 68 the following:

Appointment of quality improvement officers

68.1 The Minister may appoint one or more persons as quality improvement officers for the purpose of ensuring compliance with this Act and the regulations.

Powers of quality improvement officers

68.2( 1) For the purpose of ensuring compliance with this Act and the regulations, a quality improvement officer may, at any reasonable time, make a request to enter any vehicle or any premises on a wharf that he or she has reason to believe is being used to store or transport fish on the wharf.

68.2( 2) For the purpose of ensuring compliance with this Act and the regulations, a quality improvement officer may, at any reasonable time, request that any of the following be produced:

(a) fish buying licences;

(b) training certificates; and

68.2( 3) No person shall, without reasonable excuse, fail to provide any of the following without delay on the request of a quality improvement officer:

(a) fish buying licences;

(b) training certificates; and

Obstruction of quality improvement officers

68.3 No person shall obstruct a quality improvement officer who is carrying out or attempting to carry out his or her powers under section 68.2.

59 Section 73 of the Act is amended

(a) in subsection (3) by striking out “a fine of not less than $250 and not more than $2,500” and substituting “a fine of not less than $2,500 and not more than $5,000”;

(b) in subsection (4) by striking out “a fine of not less than $250 and not more than $2,500” and substituting “a fine of not less than $2,500 and not more than $5,000”;

60 The Act is amended by adding after section 76 the following:

PART 9.1

ADMINISTRATIVE PENALTY PROCESS

Notice of non-compliance

76.1( 1) If an inspector believes, on reasonable grounds, that a person has violated or failed to comply with a provision of this Act that is listed in Column 1 of Schedule B, the inspector may issue a notice of non-compliance.

76.1( 2) The inspector shall serve a notice of non-compliance on the person to whom it is directed

(a) in the manner in which personal service may be made under the Rules of Court, or

(b) by registered mail to the person’s latest known address.

76.1( 3) Service by registered mail shall be deemed to have been effected five days after the date the notice of non-compliance is deposited in the mail.

76.1( 4) The notice of non-compliance shall include the following information:

(a) the name of the person who has violated or failed to comply with a provision listed in Column 1 of Schedule B;

(b) the provision listed in Column 1 of Schedule B and the date on which the violation or failure to comply occurred;

(d) information with respect to the person’s right to an appeal under section 65.

76.1( 5) A notice of non-compliance shall not be served more than one year after the inspector first had knowledge of the violation or failure to comply.

76.1( 6) A person charged with an offence shall not be subject to an administrative penalty in respect of the same incident that gave rise to the charge.

Payment of administrative penalty

76.2( 1) If a person who is served with a notice of non-compliance does not make an appeal under section 65, the person shall pay the administrative penalty set out in the notice within 30 days after being served with the notice.

76.2( 2) If a person who is served with a notice of non-compliance makes an appeal under section 65 and the Appeal Board confirms or varies the inspector’s decision, the person shall pay the administrative penalty within 30 days after the Appeal Board makes its decision.

76.2( 3) A person subject to an administrative penalty shall not be charged with an offence in respect of the same incident that gave rise to the administrative penalty.

76.2( 4) The administrative penalty shall be payable to the Minister of Finance.

76.2( 5) For the purposes of this Act only, a person who pays an administrative penalty shall be deemed to have violated or failed to comply with the provision listed in Column 1 of Schedule B in respect of which the payment was made.

Amount of administrative penalty

76.3( 1) The amount of an administrative penalty shall be as follows:

(a) for a first violation or failure to comply with the provision listed in Column 1 of Schedule B, a sum equal to the minimum administrative penalty listed beside it in Column 2 of Schedule B;

(b) for a second violation or failure to comply with the provision listed in Column 1 of Schedule B, a sum equal to twice the minimum administrative penalty listed beside it in Column 2 of Schedule B; and

(c) for a third or subsequent violation or failure to comply with the provision listed in Column 1 of Schedule B, a sum equal to the maximum administrative penalty listed beside it in Column 2 of Schedule B.

76.3( 2) When a violation or failure to comply with a provision listed in Column 1 of Schedule B continues for more than one day, the amount of the administrative penalty payable shall be the product of

(a) the penalty imposed under subsection (1), and

(b) the number of days that the violation or failure to comply continues.

Failure to comply

76.4 If a person fails to pay an administrative penalty within the period of time prescribed in subsection 76.2(1) or (2), as the case may be,

(a) the Registrar may suspend, revoke or refuse to amend or renew the person’s licence in respect of which the notice of non-compliance was issued,

(b) the person who was served with a notice of non-compliance shall pay interest, in the amount prescribed by regulation, on any portion of the penalty that has not been paid and the interest applies from the end of the period of time referred to in subsection 76.2(1) or (2), as the case may be, until the penalty is paid in full, and

(c) the amount of the administrative penalty and the interest on the penalty constitutes a debt due to the Province by the person.

61 The Act is amended by adding after section 78 the following:

Information to be provided to Registrar respecting certification

78.1 On the request of the Registrar, the holder of a Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence or Class 3 provisional licence shall provide the Registrar with all the information the Registrar considers pertinent to determine whether the holder meets the certification requirements in accordance with the regulations.

62 Section 81 of the Act is repealed and the following is substituted:

Licences and certificate not assignable or transferable

81 Licences and secondary processing plant registration certificates are not assignable or transferable.

63 Section 82 of the Act is amended by adding after paragraph (d) the following:

(d.1) a quality improvement officer;

64 Section 83 of the Act is amended

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

(f.1) respecting the period of time for which a licence may be renewed;

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

(g) respecting the information that is to be provided to the Registrar for the amendment of a Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence or Class 3 provisional licence;

(h) respecting the form and manner in which applications for the amendment of a Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence or Class 3 provisional licence may be made, including the terms and conditions to be satisfied by an applicant before the amendment to the licence;

(d) by repealing paragraph (i) and substituting the following:

(i) respecting the grounds on which the Registrar may refuse to amend a Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence or Class 3 provisional licence;

(e) by repealing paragraph (k) and substituting the following:

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

(f) by repealing paragraph (l) and substituting the following:

(l) prescribing fees for the amendment of a Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence or Class 3 provisional licence, including the manner in which the fees are to be calculated;

(g) by adding after paragraph (n) the following:

(n.1) respecting the certification required to obtain a Class 1 licence, Class 2 licence or Class 3 licence;

(h) by repealing paragraph (q);

(i) by adding after paragraph (r) the following:

(r.1) respecting the rate of interest that may be imposed on administrative penalties;

(j) by adding after paragraph (s) the following:

(s.1) prescribing the species of fish that may only be processed under a Class 1 licence issued under this Act;

(k) by adding after paragraph (u) the following:

(u.1) defining words and expressions used but not defined in this Act;

65 Schedule A of the Act is repealed and the following is substituted:

SCHEDULE A

Penalties

Section		Minimum	Maximum

4	First Offence Second or Subsequent Offence	$ 10,000 $100,000	$100,000 $500,000

16.4(2)	First Offence Second or Subsequent Offence	$ 10,000 $100,000	$100,000 $500,000

16.7(3)	First Offence Second or Subsequent Offence	$ 10,000 $100,000	$100,000 $500,000

16.92	First Offence Second or Subsequent Offence	$ 2,500 $ 5,000	$ 5,000 $ 10,000

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

17.1	First Offence Second or Subsequent Offence	$ 2,500 $ 5,000	$ 5,000 $ 10,000

27	First Offence Second or Subsequent Offence	$ 10,000 $100,000	$100,000 $500,000

31.1	First Offence Second or Subsequent Offence	$ 2,500 $ 5,000	$ 5,000 $ 10,000

35	First Offence Second or Subsequent Offence	$ 2,500 $ 5,000	$ 5,000 $ 10,000

44.1	First Offence Second or Subsequent Offence	$ 2,500 $ 5,000	$ 5,000 $ 10,000

67(2.2)	First Offence Second or Subsequent Offence	$ 2,500 $ 5,000	$ 5,000 $ 10,000

67(4)	First Offence Second or Subsequent Offence	$ 2,500 $ 5,000	$ 5,000 $ 10,000

68	First Offence Second or Subsequent Offence	$ 2,500 $ 5,000	$ 5,000 $ 10,000

68.2(3)	First Offence Second or Subsequent Offence	$ 2,500 $ 5,000	$ 5,000 $ 10,000

68.3	First Offence Second or Subsequent Offence	$ 2,500 $ 5,000	$ 5,000 $ 10,000

78	First Offence Second or Subsequent Offence	$ 2,500 $ 5,000	$ 5,000 $ 10,000

66 The Act is amended by adding after Schedule A the following:

SCHEDULE B

Column 1 Section		Column 2 Minimum and maximum amounts of the administrative penalty
Column 1 Section

	16.92...............		$2,500-$10,000
	16.93(2) ...............		$2,500-$2,500
	17.1...............		$2,500-$10,000
	31.1...............		$2,500-$10,000
	44.1...............		$2,500-$10,000
	67(2.2) ...............		$2,500-$10,000
	67(4) ...............		$2,500-$10,000
	68...............		$2,500-$10,000
	68.2(3) ...............		$2,500-$10,000
	68.3...............		$2,500-$10,000
	78...............		$2,500-$10,000

67 This Act comes into force on April 1, 2014.