BILL 66
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 “Class 2 licence” and substituting the following:
“Class 2 licence” means a Class 2 primary processing plant licence issued under section 16.3 or 17.2 and includes a renewal of the licence. (permis de class 2)
(b) by repealing the definition “Class 3 licence” and substituting the following:
“Class 3 licence” means a Class 3 primary processing plant licence issued under section 16.6 or 17.2 and includes a renewal of the licence. (permis de class 3)
(c) in the definition “Class 3 provisional licence” by striking out “section 16.83” and substituting “section 16.82”.
2 Section 16.4 of the Act is amended
(a) in subsection (1) by striking out “The holder” and substituting “Subject to subsection (3), the holder”;
(b) in subsection (2) by striking out “subsection 17.2(2)” and substituting “subsection (3)”;
(c) by adding after subsection (2) the following:
16.4( 3) Subsections (1) and (2) do not apply to a Class 2 licence issued under section 17.2.
3 Subsection 16.7(1) of the Act is amended by striking out “under subsection 16.6(1)”.
4 Section 16.71 of the Act is repealed and the following is substituted:
Prohibitions respecting species of fish
16.71( 1) Subject to subsection (2), the species of fish prescribed by regulation shall not be specified on a Class 3 licence.
16.71( 2) Subsection (1) does not apply to a Class 3 licence issued under section 17.2.
5 Section 17.2 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
17.2( 1) Despite subsections 16.3(1) and 16.6(1), on application in accordance with the regulations, the Registrar may issue a Class 2 licence or a Class 3 licence to either of the following persons even though they do not have the certification referred to in paragraph 16.3(1)(b) or 16.6(1)(b), as the case may be:
(a) the holder of a primary processing plant licence that was in force immediately before April 1, 2014; or
(b) a person who applied for a primary processing plant licence on or before September 30, 2013, if the application was approved on or before March 31, 2014.
(b) by repealing subsection (2) and substituting the following:
17.2( 2) The person who obtains a Class 2 licence under subsection (1) for a primary processing plant may process in the plant
(a) the species of fish prescribed by regulation that were specified on the holder’s primary processing plant licence on or before September 30, 2013, and any other species of fish that are not prescribed by regulation, or
(b) if an application for a primary processing plant licence or the amendment of a primary processing plant licence was made on or before September 30, 2013,
( i) the species of fish prescribed by regulation that were approved on or before March 31, 2014, and any other species of fish that are not prescribed by regulation, or
( ii) the species of fish prescribed by regulation that are approved as a result of an appeal relating to the application and any other species of fish that are not prescribed by regulation.
(c) by repealing subsection (3) and substituting the following:
17.2( 3) The person who obtains a Class 3 licence under subsection (1) for a primary processing plant may process in the plant the species of fish specified on the licence, including
(a) the species of fish prescribed by regulation that were specified on the holder’s primary processing plant licence on or before September 30, 2013, and any other species of fish that are not prescribed by regulation, or
(b) if an application for a primary processing plant licence or the amendment of a primary processing plant licence was made on or before September 30, 2013,
( i) the species of fish prescribed by regulation that were approved on or before March 31, 2014, and any other species of fish that are not prescribed by regulation, or
( ii) the species of fish prescribed by regulation that are approved as a result of an appeal relating to the application and any other species of fish that are not prescribed by regulation.
(d) in subsection (5) by striking out “initially”;
(e) by adding after subsection (5) the following:
17.2( 5.1) Paragraph 16.31(a) does not apply to a Class 2 licence issued under this section.
17.2( 5.2) With respect to a Class 2 licence issued under this section, paragraphs 16.33(1)(a) and 16.44(a) shall be read without reference to “or, subject to section 16.93, the certification required in accordance with the regulations”.
17.2( 5.3) Paragraph 16.61(a) does not apply to a Class 3 licence issued under this section.
17.2( 5.4) With respect to a Class 3 licence issued under this section, paragraphs 16.63(1)(a) and 16.8(a) shall be read without reference to “or, subject to section 16.93, the certification required in accordance with the regulations”.
(f) by repealing subsection (6) and substituting the following:
17.2( 6) Despite section 16.4, when a primary processing plant for which there is a valid Class 2 licence issued under this section is sold or leased for the first time on or after April 1, 2014, the new owner or lessee who obtains a Class 2 licence under section 16.3 may process in the plant the species of fish permitted to be processed at the time of the sale or lease under the Class 2 licence issued under this section.
(g) by repealing subsection (7) and substituting the following:
17.2( 7) Despite section 16.71, when a primary processing plant for which there is a valid Class 3 licence issued under this section is sold or leased for the first time on or after April 1, 2014, the new owner or lessee who obtains a Class 3 licence under section 16.6 may process in the plant the species of fish prescribed by regulation that are specified at the time of the sale or lease on the Class 3 licence issued under this section and any other species of fish that are not prescribed by regulation.
6 The Act is amended by adding after section 17.2 the following:
Continuation of licence
17.3( 1) A primary processing plant licence that was in force immediately before April 1, 2014, continues to be in force until one of the following licences is issued or until June 30, 2014, whichever occurs first:
(a) a Class 1 licence;
(b) a Class 1 provisional licence;
(c) a Class 2 licence issued under subsection 17.2(1); or
(d) a Class 3 licence issued under subsection 17.2(1).
17.3( 2) Except for provisions relating to the expiry of a primary processing plant licence, this Act and the regulations, as they existed immediately before April 1, 2014, apply to a primary processing plant licence referred to in subsection (1) until one of the following licences is issued or until June 30, 2014, whichever occurs first:
(a) a Class 1 licence;
(b) a Class 1 provisional licence;
(c) a Class 2 licence issued under subsection 17.2(1); or
(d) a Class 3 licence issued under subsection 17.2(1).
7 Schedule A of the Act is amended by adding after
78 | First Offence
Second or
Subsequent Offence | $2,500
$5,000 | $5,000
$10,000 |
the following:
78.1 | First Offence
Second or
Subsequent Offence | $2,500
$5,000 | $5,000
$10,000 |
8 Schedule B of the Act is amended by adding after
| | 78............... | $2,500-$10,000 | |
the following:
| | 78.1............... . | $2,500-$10,000 | |
9 This Act shall be deemed to have come into force on April 1, 2014.