BILL 58
Bee Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
PART 1
DEFINITIONS AND APICULTURE MANAGEMENT
Definitions
1 The following definitions apply in this Act.
“apiary” means a place where bees are kept. (rucher)
“bee” means a species of insect prescribed by regulation. (abeille)
“beekeeper” means a person who is the owner of at least one colony. (apiculteur)
“beekeeping” means the maintenance of colonies. (apiculture)
“beekeeping equipment” means a hive, hive components and utensils used for beekeeping. (matériel apicole)
“beekeeping registry” means the registry established under section 3. (registre de l’apiculture)
“colony” means a queen, brood, eggs and accompanying adult bees. (colonie)
“Department” means the Department of Agriculture, Aquaculture and Fisheries. (ministère)
“designated pest or disease” means a pest or disease prescribed by regulation. (organisme nuisible ou maladie désigné)
“hive” means a manufactured receptacle for housing bees. (ruche)
“information” includes personal information as defined in the Right to Information and Protection of Privacy Act. (renseignements)
“inspector” means a person appointed or designated as an inspector under section 45. (inspecteur)
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“Provincial Apiarist” means the person appointed as the Provincial Apiarist under section 2. (apiculteur provincial)
“registered beekeeper” means a beekeeper who holds a certificate of registration issued under section 8. (apiculteur inscrit)
“registration” means a registration issued under section 8 authorizing a person to conduct beekeeping, and includes a renewal of the registration. (inscription)
“reportable pest or disease” means a designated pest or disease prescribed by regulation as a reportable pest or disease. (organisme nuisible ou maladie à signalement obligatoire)
“vehicle” means a vehicle as defined in the Provincial Offences Procedure Act. (véhicule)
Appointment of the Provincial Apiarist
2( 1) The Minister shall appoint an employee of the Department as the Provincial Apiarist.
2( 2) The Provincial Apiarist shall exercise the powers and perform the duties imposed on the Provincial Apiarist under this Act and the regulations.
2( 3) The Provincial Apiarist is responsible for the general supervision and direction over inspectors and may exercise all the powers of an inspector.
2( 4) The Provincial Apiarist may designate one or more persons to act on the Provincial Apiarist’s behalf.
2( 5) The Provincial Apiarist may access any database or information system of the Minister for the purpose of exercising or performing the powers or duties of the Provincial Apiarist.
2( 6) The Provincial Apiarist may collect from and disclose to the Department the information prescribed by regulation relating to a registered beekeeper, a holder of an import and transport permit or a holder of a transit permit.
Beekeeping registry
3( 1) The Provincial Apiarist shall establish and maintain a beekeeping registry.
3( 2) The beekeeping registry shall contain the information prescribed by regulation.
Policies, standards, procedures and guidelines
4( 1) The Provincial Apiarist may establish policies, standards, procedures and guidelines related to beekeeping, and related to the importation, transportation, conveying in transit of bees and the renting of colonies for pollination.
4( 2) A registered beekeeper, a holder of an import and transport permit and a holder of a transit permit shall comply with the policies, standards, procedures and guidelines established by the Provincial Apiarist under subsection (1).
4( 3) A policy, standard, procedure or guideline established under subsection (1) shall be published by the Provincial Apiarist as soon as the circumstances permit in a manner prescribed by regulation.
4( 4) The Regulations Act does not apply to policies, standards, procedures or guidelines established under subsection (1).
Agreements
5 If the Minister considers agreements necessary or expedient for the administration of this Act, the Minister may enter into agreements with any organization, agency, person or Minister of the Crown, or with the government of a province or territory of Canada, or the Government of Canada or a foreign country or state.
PART 2
POSSESSION OF BEES IN THE PROVINCE
Division A
Registration of beekeepers
Ownership of colonies and possession of used beekeeping equipment
6( 1) Subject to the time prescribed under subsection 7(1), no person other than a registered beekeeper shall own a colony.
6( 2) No person other than a registered beekeeper shall have in the person’s possession any used beekeeping equipment that is accessible to other bees without the approval of the Provincial Apiarist.
Application for registration
7( 1) An application for registration may be made to the Provincial Apiarist, within the time prescribed by regulation, on a form provided by the Provincial Apiarist and the form shall be accompanied by the fee prescribed by regulation, if any, and any information the Provincial Apiarist requires.
7( 2) For the purposes of registration, an applicant shall enumerate every hive, colony and apiary for which the applicant is the owner, and indicate the location of every apiary, on an application for registration.
Registration of beekeeper and issuance of certificate of registration
8 On receiving an application under section 7, the Provincial Apiarist may register a beekeeper in the beekeeping registry and issue to the beekeeper a certificate of registration.
Refusal of registration
9 The Provincial Apiarist may refuse to register a beekeeper in the beekeeping registry if
athe applicant fails to provide any document or information required by the Provincial Apiarist,
bthe applicant makes a false statement in an application for registration,
cthe applicant has been convicted in the previous three years of an offence under this Act or the regulations or a provision of similar beekeeping legislation of another jurisdiction, or
din any other circumstances prescribed by regulation.
Term of registration
10 A registration shall be valid for a period of time fixed by regulation.
Terms and conditions of registration
11( 1) A registration shall be subject to the terms and conditions established, whether before or after its issuance, by
athe Provincial Apiarist, and
bthe regulations.
11( 2) A registered beekeeper shall comply with the terms and conditions of registration.
Acquisition of additional hives or colonies and establishment of additional apiaries
12 A registered beekeeper who acquires additional hives or colonies from a third party or establishes additional apiaries shall register the apiaries, hives or colonies, as the case may be, with the Provincial Apiarist, on a form provided by the Provincial Apiarist, within the time prescribed by regulation.
Application to renew registration
13( 1) A registered beekeeper may apply to the Provincial Apiarist to renew a registration.
13( 2) An application for the renewal of a registration shall be made to the Provincial Apiarist, on a form provided by the Provincial Apiarist, and the form shall be accompanied by the fee prescribed by regulation, if any, and any information the Provincial Apiarist requires within the time prescribed by regulation.
13( 3) Section 8 applies with the necessary modifications to a renewal of a registration.
Suspension or cancellation of a registration or refusal to renew a registration
14 The Provincial Apiarist may suspend or cancel a registration or refuse to renew a registration if
athe Provincial Apiarist has reasonable grounds to believe that the registered beekeeper has knowingly made a false statement in an application or any of the accompanying documents or in any other book, record or document required to be maintained under this Act or the regulations,
bafter an inspection under section 46 or reasonable inquiry, the Provincial Apiarist is satisfied that the registered beekeeper has violated or failed to comply with a term or condition of registration or a provision of this Act or the regulations,
cthe registered beekeeper has been convicted in the previous three years of an offence under this Act or the regulations or a provision of similar beekeeping legislation of another jurisdiction,
dthe registered beekeeper has ceased practising beekeeping, and
eany of the circumstances prescribed by regulation are met.
Sale or disposal of bees
15 A beekeeper shall sell or otherwise dispose of all bees owned by the beekeeper if their registration is cancelled or not renewed and sections 38, 39 and 46 to 55 apply with the necessary modifications.
Application to reinstate registration
16( 1) A beekeeper whose registration has been suspended may apply to the Provincial Apiarist to reinstate the registration.
16( 2) An application to reinstate a registration shall be made to the Provincial Apiarist on a form provided by the Provincial Apiarist and the form shall be accompanied by the fee prescribed by regulation, if any, and any information the Provincial Apiarist requires.
16( 3) The Provincial Apiarist may reinstate a registration on any grounds the Provincial Apiarist considers appropriate.
16( 4) Sections 8 and 9 apply with the necessary modifications to an application to reinstate a registration.
Division B
Import and transport permits
Prohibition – importation and transportation of bees and used beekeeping equipment
17( 1) No person shall import, or cause to be imported, bees or used beekeeping equipment into the Province from another province or territory of Canada without being the holder of an import and transport permit issued under section 19.
17( 2) Subsection (1) does not apply to a person who transports bees into the Province under a valid permit issued under the Health of Animals Act (Canada).
Application for import and transport permit
18 A person who wishes to import, or cause to be imported, bees or used beekeeping equipment into the Province from another province or territory of Canada shall apply to the Provincial Apiarist for an import and transport permit, on a form provided by the Provincial Apiarist, and the form shall be accompanied by the fee prescribed by regulation, if any, and any information the Provincial Apiarist requires.
Issuance of import and transport permit
19 Subject to section 20, on receiving an application under section 18, the Provincial Apiarist may issue to an applicant a category of import and transport permit prescribed by regulation.
Inspection before issuance of import and transport permit
20 Before issuing an import and transport permit to an applicant, the Provincial Apiarist shall examine and approve an inspection report from the province or territory of Canada of origin of the bees or used beekeeping equipment respecting their compliance with standards
aestablished under section 4, and
bprescribed by regulation.
Refusal to issue import and transport permit
21 The Provincial Apiarist may refuse to issue an import and transport permit
aif the bees are from a region from which the importation is prohibited under a policy, standard, procedure or guideline established by the Provincial Apiarist under section 4,
bif the Provincial Apiarist does not receive any document or information required by the Provincial Apiarist, including an inspection report referred to in section 20,
cif in examining an inspection report referred to in section 20, the Provincial Apiarist is of the opinion that the bees or used beekeeping equipment referred to in the report do not comply with the standards referred to in that section,
dif the applicant has made a false statement in the application for the permit,
eif the applicant has been convicted in the previous three years of an offence under this Act or the regulations or under a provision of similar beekeeping legislation of another jurisdiction, and
fin any other circumstance prescribed by regulation.
Term of import and transport permit
22 An import and transport permit shall be valid for a period of time fixed by the Provincial Apiarist.
Terms and conditions of import and transport permit
23( 1) An import and transport permit shall be subject to the terms and conditions established, whether before or after its issuance, by
athe Provincial Apiarist, and
bthe regulations.
23( 2) A holder of an import and transport permit shall comply with the terms and conditions of the permit.
23( 3) A person who transports bees under an import and transport permit shall keep a copy of the permit in their possession at all times while transporting the bees and provide the copy of the permit to an inspector on request.
23( 4) A person who transports bees into the Province under a permit referred to in subsection 17(2) shall keep a copy of the permit in their possession at all times while transporting the bees and provide the permit to an inspector on request.
23( 5) A holder of an import and transport permit who transports rented bees under the permit shall ensure that the bees be returned to their province or territory of Canada of origin on or before the expiry of the permit.
Suspension and revocation of import and transport permit
24 The Provincial Apiarist may suspend or revoke an import and transport permit if
athe Provincial Apiarist has reasonable grounds to believe that the holder of the permit has knowingly made a false statement in an application or any of the accompanying documents or in any other book, record or document required to be maintained under this Act or the regulations,
bafter an inspection under section 46 or reasonable inquiry, the Provincial Apiarist is satisfied that the holder of the permit has violated or failed to comply with a term or condition of the permit or a provision of this Act or the regulations,
cthe holder of the permit has been convicted in the previous three years of an offence under this Act or the regulations or a provision of similar beekeeping legislation of another jurisdiction,
dthe holder of the permit ceases to carry on the activity in respect of which the permit was issued, or
eany circumstance prescribed by regulation occurs.
Order to return bees
25( 1) When an import and transport permit is suspended or revoked, the Provincial Apiarist may order that the bees specified in the permit and the used beekeeping equipment be immediately returned to the province or territory of Canada of origin of the bees and used beekeeping equipment.
25( 2) The Provincial Apiarist may seize bees and used beekeeping equipment in order to enforce an order under subsection (1).
25( 3) The bees and used beekeeping equipment referred to in an order under subsection (1) may be subject to inspection and sections 46 to 55 apply with the necessary modifications.
Division C
Transit permit
Prohibition – bees conveyed in transit
26( 1) No person shall convey in transit bees or used beekeeping equipment between two provinces or territories of Canada while passing through New Brunswick without being the holder of a transit permit issued under section 28.
26( 2) Subsection (1) does not apply to a person who conveys in transit bees into the Province under a valid permit issued under the Health of Animals Act (Canada).
Application for transit permit
27 A person who wishes to convey in transit bees or used beekeeping equipment between two provinces or territories of Canada while passing through New Brunswick shall apply for a transit permit to the Provincial Apiarist, on a form provided by the Provincial Apiarist, and the form shall be accompanied by the fee prescribed by regulation, if any, and any information the Provincial Apiarist requires.
Issuance of transit permit
28 Subject to section 29, on receiving an application under section 27, the Provincial Apiarist may issue to an applicant a transit permit.
Inspection before issuance of transit permit
29 Before issuing a transit permit to an applicant, the Provincial Apiarist shall examine and approve an inspection report from the province or territory of Canada of origin of the bees or used beekeeping equipment respecting their compliance with standards
aestablished under section 4, and
bprescribed by regulation.
Refusal to issue transit permit
30 The Provincial Apiarist may refuse to issue a transit permit
aif the bees are from a region from which the importation is prohibited under a policy, standard, procedure or guideline established by the Provincial Apiarist under section 4,
bif the Provincial Apiarist does not receive any document or information required by the Provincial Apiarist, including an inspection report referred to in section 29,
cif in reviewing an inspection report referred to in section 29, the Provincial Apiarist is of the opinion that the bees or used beekeeping equipment referred to in the report do not comply with the standards referred to in that section,
dif the applicant has made a false statement in the application for the permit,
eif the applicant has been convicted in the previous three years of an offence under this Act or the regulations or a provision of similar beekeeping legislation of another jurisdiction, or
fin any other circumstance prescribed by regulation.
Term of transit permit
31 A transit permit shall be valid for a period of time fixed by the Provincial Apiarist.
Terms and conditions of transit permit
32( 1) A transit permit shall be subject to the terms and conditions established, whether before or after its issuance, by
athe Provincial Apiarist, and
bthe regulations.
32( 2) A holder of a transit permit shall comply with the terms and conditions of the permit.
32( 3) A person who conveys bees in transit under a transit permit shall keep the permit in their possession at all times while conveying the bees in transit and provide the permit to an inspector on request.
32( 4) A person who conveys bees in transit into the Province under a permit referred to in subsection 26(2) shall keep the permit in their possession at all times while conveying the bees in transit and provide the permit to an inspector on request.
Suspension or revocation of transit permit
33 The Provincial Apiarist may suspend or revoke a transit permit if
athe Provincial Apiarist has reasonable grounds to believe that the holder of the permit has knowingly made a false statement in an application or any of the accompanying documents or in any other book, record or document required to be maintained under this Act or the regulations,
bafter an inspection under section 46 or reasonable inquiry, the Provincial Apiarist is satisfied that the holder of the permit has violated or failed to comply with a term or condition of the permit or a provision of this Act or the regulations,
cthe holder of the permit has been convicted in the previous three years of an offence under this Act or the regulations or a provision of similar beekeeping legislation of another jurisdiction,
dthe holder of the permit ceases to carry on the activity in respect of which the permit was issued, or
eany circumstance prescribed by regulation occurs.
Order to return bees
34( 1) When a transit permit is suspended or revoked, the Provincial Apiarist may order that the bees specified in the permit and the used beekeeping equipment be immediately delivered to their intended recipient or to the province or territory of Canada of origin of the bees and used beekeeping equipment.
34( 2) The Provincial Apiarist may seize any bees or used beekeeping equipment in order to enforce an order under subsection (1).
34( 3) The bees and used beekeeping equipment referred to in an order under subsection (1) may be subject to inspection and sections 46 to 55 apply with the necessary modifications.
PART 3
BEE HEALTH
Division A
Prohibitions and standards
Prohibitions
35( 1) A beekeeper, a holder of an import and transport permit or a holder of a transit permit shall not keep bees if a reportable pest or disease is present.
35( 2) No person shall conceal the presence of a designated pest or disease among bees in that person’s possession, care or control.
35( 3) A beekeeper, a holder of an import and transport permit or a holder of a transit permit shall not sell, or otherwise dispose of, rent out, transport, convey in transit or destroy bees in a manner that may cause or allow the spread of a designated pest or disease.
35( 4) No person shall allow beekeeping equipment to be accessible to bees if the beekeeping equipment has, to the knowledge of the person, been exposed to a reportable pest or disease without the previous approval of the Provincial Apiarist.
Reporting of reportable pests or diseases
36( 1) If a beekeeper, a holder of an import and transport permit or a holder of a transit permit suspects that there is a reportable pest or disease among bees or on beekeeping equipment, the beekeeper or holder of the permit, as the case may be, shall report the matter to the Provincial Apiarist within two days of suspecting the presence of the reportable pest or disease.
36( 2) A report under subsection (1) shall be made in accordance with the regulations.
Identification of hives
37( 1) A hive shall be identified in accordance with the regulations.
37( 2) A holder of an import and transport permit shall advise the Provincial Apiarist of a hive in the holder’s possession that is not identified in accordance with subsection (1).
Access to honey, beeswax, propolis, substances used as food for bees
38 A beekeeper, a holder of an import and transport permit or a holder of a transit permit who has in their possession honey, beeswax, propolis, substances used as food for bees or used beekeeping equipment shall ensure that the honey, beeswax, propolis, substances used as food for bees or used beekeeping equipment is not accessible to or could not attract bees, other than bees in their possession, care or control.
Requirement before sale or disposal
39( 1) If the number of bees or the quantity of used beekeeping equipment to be sold or disposed of exceeds the minimum number or quantity prescribed by regulation, a beekeeper may only sell or otherwise dispose of the bees and the used beekeeping equipment after having the bees and used beekeeping equipment inspected and sections 46 to 55 apply with the necessary modifications.
39( 2) An application for inspection shall be made in writing to the Provincial Apiarist and shall be accompanied by the fee prescribed by regulation, if any, and any information the Provincial Apiarist requires.
39( 3) Before allowing a sale or disposition, the inspector shall be convinced that the bees and used beekeeping equipment comply with the standards
aestablished by the Provincial Apiarist under section 4, and
bprescribed by regulation.
39( 4) A beekeeper shall keep a copy of the inspection report for the period prescribed by regulation and shall provide a copy of the report to the purchaser on request.
Rearing of queen bees for sale
40 A beekeeper engaged in the rearing of queen bees for sale shall, when making candy for use in mailing cages, use honey which has been boiled for at least 30 minutes, unless candy that contains no honey is used.
Division B
Powers of the Provincial Apiarist
Order to maintain health of bees
41 If a registration issued under this Act lapses or is suspended, cancelled or refused renewal or an importation and transport permit or transit permit lapses or is suspended or revoked, the Provincial Apiarist may make an order directing the person who held the registration or permit to take or refrain from taking any action that is specified in the order for the purpose of maintaining the health of the bees specified in the registration or permit.
Restricted zone
42( 1) The Provincial Apiarist may make an order designating any area in the Province as a restricted zone.
42( 2) An order under subsection (1) may
aauthorize, limit or exclude beekeeping in a restricted zone, and
bspecify any other matter prescribed by regulation.
42( 3) The Provincial Apiarist may amend, cancel or reinstate at any time a designation made under subsection (1).
42( 4) No person shall contravene any provision of an order under this section.
Quarantine zone
43( 1) If the Provincial Apiarist has reason to believe that a designated pest or disease may be present in an apiary, the Provincial Apiarist may by order designate the apiary and, if the Provincial Apiarist considers it necessary, the area surrounding the apiary as a quarantine zone.
43( 2) An order under subsection (1) may
adirect a beekeeper or a holder of an import and transport permit to take any measures considered necessary to prevent the spread of a designated pest or disease in an apiary that is under their possession, care or control and that is located in the quarantine zone, and
bspecify any other matter prescribed by regulation.
43( 3) The Provincial Apiarist may amend, cancel or reinstate at any time a designation made under subsection (1).
43( 4) No person shall
aremove bees or beekeeping equipment from an apiary located in a quarantine zone without the previous approval of the Provincial Apiarist, or
bcontravene any provision of an order under this section.
Exemptions and approvals
44( 1) At the request of any person and having regard to any criteria prescribed by regulation, the Provincial Apiarist may grant in writing an exemption from any provision of this Act or an approval to carry out any activity that is not provided by this Act.
44( 2) An application for an exemption or an approval shall be made to the Provincial Apiarist in writing and accompanied by the fee prescribed by regulation, if any, and any information the Provincial Apiarist requires.
44( 3) The Provincial Apiarist may make exemptions or approvals subject to the terms and conditions as the Provincial Apiarist considers advisable.
44( 4) A person to whom the Provincial Apiarist gives an exemption or an approval shall comply with the terms and conditions to which the exemption or approval is subject.
PART 4
ENFORCEMENT
Division A
Inspections
Inspectors
45( 1) The Minister may appoint or designate inspectors for the purpose of this Act.
45( 2) The Minister shall issue to every inspector a certificate of appointment or designation.
45( 3) An inspector, in the execution of their duties under this Act or the regulations, shall produce their certificate on request.
Inspections
46( 1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,
aenter and inspect any place, area or vehicle where beekeeping is undertaken or where there is reason to believe bees or beekeeping equipment are located, and for the purposes of that inspection the inspector may open and inspect any container found there and make any examinations or inquiries, take any samples or conduct any tests that the inspector considers necessary or advisable,
bbe accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,
cmake inquiries of any person who is or was in the place, area or vehicle,
drequire that a person responsible for the place, area or vehicle where bees or beekeeping equipment are located present the bees or beekeeping equipment to the inspector,
eopen any container found that the inspector has reason to believe contains bees or beekeeping equipment,
frequire the production of permits, certificates, books, records or documents at the place, area or vehicle where bees or beekeeping equipment are located and inspect or examine them,
gexercise any other powers and perform any other duties that are prescribed by regulation, and
hexercise the powers and perform the duties that are incidental to the powers set out in paragraphs (a) to (g).
46( 2) An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under paragraph (1)(a).
46( 3) For the purposes of an inspection under paragraph (1)(a), an inspector shall not enter a private dwelling unless the inspector
ais entering with the consent of a person who appears to be an adult and an occupant of the dwelling, or
b has obtained an entry warrant under the Entry Warrants Act.
46( 4) An inspector acting under this section may request the assistance of a peace officer.
46( 5) An inspector who takes samples of beekeeping equipment under paragraph (1)(a) shall provide a receipt for it to the person in charge of the place, area or vehicle and shall promptly return the sample, if possible, after taking the test.
Books, records or documents
47( 1) An inspector may remove from a place, area or vehicle any permits, certificates, books, records or documents produced as a result of a request under paragraph 46(1)(f) or discovered during an inspection for the purpose of making copies or making extracts.
47( 2) An inspector removing a permit, certificate, book, record or document from a place, area or vehicle under subsection (1) shall provide a receipt for it to the person in charge of the place, area or vehicle and shall promptly return the permit, certificate, book, record or document after making copies or taking extracts.
47( 3) Copies of, or extracts from, permits, certificates, books, records or documents removed from a place, area or vehicle under subsection (1) and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.
Inspection report
48( 1) An inspector who inspects bees or beekeeping equipment shall prepare an inspection report for the owner of the bees, the holder of the import and transport permit or the holder of the transit permit, as the case may be, and shall provide a copy of the report to the Provincial Apiarist.
48( 2) An inspection report shall include details of an inspection and any order to suppress, limit or treat a designated pest or disease.
Obstruction of inspector
49( 1) No person shall obstruct, interfere with or fail to cooperate with an inspector who is carrying out or attempting to carry out an inspection under this Act.
49( 2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector who is carrying out or attempting to carry out an inspection under this Act.
Division B
Orders and seizures
Powers of inspectors – tests, investigations and measures
50 An inspector may, in the inspector’s discretion,
acause tests or other scientific investigations to be made with a view to determining the nature and source of a designated pest or disease using the methods prescribed by regulation, and
btake measures for the suppression, limitation or treatment of a designated pest or disease.
Order of inspector – identification of hives
51 An inspector may issue an order in writing to a beekeeper or a holder of an import and transport permit requiring the beekeeper or holder, as the case may be, to identify any hive in accordance with section 37.
Order of inspector – removal or treatment of bees
52 An inspector may issue an order in writing to a beekeeper, a holder of an import and transport permit or a holder of a transit permit requiring the beekeeper or holder, as the case may be, to remove, disinfect or treat bees or any beekeeping equipment if the inspector suspects that a designated pest or disease is present among the bees or on the beekeeping equipment.
Order of inspector – transfer of bees to hives with movable frame
53 An inspector may issue an order to a beekeeper or a holder of an import and transport permit requiring the beekeeper or holder, as the case may be, to transfer bees that are not located in a hive with a movable frame to a hive with a movable frame within the time specified in the order.
Order of inspector – quarantine
54( 1) An inspector may order the quarantine of bees or beekeeping equipment, if the inspector suspects
athat a designated pest or disease is present among the bees or on the beekeeping equipment,
bthat the beekeeper, the holder of the import and transport permit or the holder of a transit permit has failed to comply with an order made by the inspector or by the Provincial Apiarist under this Act, or
cthat the bees or beekeeping equipment have been imported into the Province contrary to section 17 or 26, as the case may be.
54( 2) An inspector may impose any terms or conditions the inspector considers appropriate on an order under this section, including requirements for the identification of hives and apiaries.
54( 3) An inspector may remove an order under this section if the inspector is satisfied that a beekeeper, a holder of an import and transport permit or a holder of a transit permit, as the case may be, has complied with the order.
54( 4) No person shall remove bees, all or any portion of a hive or any beekeeping equipment that is under quarantine under this section without the approval of the Provincial Apiarist.
Seizure and destruction of bees
55( 1) In addition to any other power conferred on an inspector under this Act, an inspector may seize bees or beekeeping equipment if the inspector has reasonable grounds to believe
athat a designated pest or disease is present among the bees or on the beekeeping equipment,
bthat the beekeeper, the holder of the import and transport permit or the holder of the transit permit has failed to comply with an order made by the inspector or by the Provincial Apiarist under this Act,
cthat a hive, colony or apiary has not been enumerated or registered, or the location of an apiary indicated, as the case may be, in accordance with subsection 7(2) or section 12,
dthat the bees or beekeeping equipment have been imported into the Province contrary to section 17 or 26, as the case may be, or
ethat a hive is not identified in accordance with subsection 37(1).
55( 2) If bees are seized under this section, an inspector may take any measure to ensure the treatment of the bees or, subject to the approval of the Provincial Apiarist and when the inspector believes it is necessary to do so, to destroy the bees or cause them to be destroyed.
Feral bees
56 An inspector may at any time seize and destroy feral bees or cause them to be seized and destroyed.
Division C
Offences and Penalties
Appointment of peace officers
57 The Minister may appoint any person to act as a peace officer for the purposes of this Act and the regulations.
Offences
58( 1) A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.
58( 2) For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.
58( 3) Despite section 56 of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act for an offence under subsection (2) or (6) shall be as follows:
ain respect of a Category B offence, $500;
bin respect of a Category D offence, $500;
cin respect of a Category E offence, $1,000; and
din respect of a Category F offence, $1,000.
58( 4) If an offence under this Act or the regulations continues for more than one day,
athe minimum fine that may be imposed is the greater of the minimum fine set by the Provincial Offences Procedure Act and the minimum fine, if any, set by this Act, multiplied by the number of days during which the offence continues, and
bthe maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act, multiplied by the number of days during which the offence continues.
58( 5) Subject to subsection (6), a person who violates or fails to comply with a provision of the regulations commits an offence.
58( 6) For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.
Judicial orders
59( 1) When imposing a penalty against a person convicted of an offence under this Act or the regulations, a judge may, after considering the nature of the offence and the circumstances surrounding its commission, in addition to any other penalty that may be imposed, make an order directing the person to do one or more of the following:
ato refrain from doing anything that may result in the continuation or repetition of the offence,
bto take any action the judge considers appropriate to remedy any harm to bees that has resulted, is resulting or may result from the act or omission that constituted the offence,
cto perform community service,
dto post a bond or pay money into court in an amount that will ensure compliance with any order made under this section, or
eto comply with any other direction or condition the judge considers appropriate in the circumstances.
59( 2) An order made under subsection (1) shall take effect on the day on which it is made or, if another day is specified in the order, on the day specified.
59( 3) The judge shall specify in an order made under subsection (1) the period of time during which it is in effect, which period shall not exceed five years.
Administrative penalties
60( 1) Subject to the regulations and in accordance with the regulations, if the Provincial Apiarist is satisfied that a person has violated or failed to comply with this Act or the regulations, the Provincial Apiarist may impose an administrative penalty on the person by issuing a notice of administrative penalty.
60( 2) A person referred to in subsection (1) who pays the administrative penalty shall be deemed to have contravened the provision of this Act or the regulations in respect of which the payment was made and shall not be charged with an offence in respect of the same incident that gave rise to the administrative penalty.
60( 3) If a person referred to in subsection (1) does not pay the administrative penalty within 30 days of receiving the notice, the person may be charged with an offence under this Act or the regulations in respect of the same incident that gave rise to the administrative penalty.
60( 4) Subject to subsection (3), a person charged with an offence under this Act or the regulations is not liable to an administrative penalty in respect of the same incident that gave rise to the charge.
60( 5) The Province may sue for and recover an administrative penalty in an action in any court as if the amount were a debt.
PART 5
GENERAL
Orders
61( 1) Except as otherwise provided in this Act, the Regulations Act does not apply to any order made under this Act or the regulations by the Provincial Apiarist or an inspector.
61( 2) An order referred to in subsection (1) may be limited as to time or place.
61( 3) The Provincial Apiarist or an inspector, as the case may be, may amend or revoke an order in writing or make a further order in relation to the same subject matter.
61( 4) Subject to subsection (6) and except in the case of an emergency, an order made by the Provincial Apiarist or an inspector under this Act shall be in writing and shall be served on each person to whom the order was directed, and is effective on service of the order.
61( 5) An order made by the Provincial Apiarist under section 42 or 43 shall be effective on the date the order is made.
61( 6) The Provincial Apiarist shall publish an order referred to in subsection (5) on the Department’s website.
61( 7) Failure to publish an order under subsection (6) does not affect the validity of the order.
61( 8) A person who has been served with an order referred to in subsection (4) shall comply with the order within the time, if any, specified in the order.
61( 9) An order remains in effect until revoked by the Provincial Apiarist or an inspector, as the case may be.
Obligations of beekeepers and permit holders
62 A beekeeper, a holder of an import and transport permit and a holder of a transit permit shall remain responsible for the obligations placed on them under this Act or the regulations, the policies, standards, procedures and guidelines established by the Provincial Apiarist under section 4, the terms and conditions of a certificate of registration, permit or an order issued or made under this Act, even if the bees or beekeeping equipment are in the possession, care or control of a third party.
Required information
63( 1) A beekeeper, a holder of an import and transport permit and a holder of a transit permit shall maintain, or ensure the maintenance of, the books, records and documents that, in the opinion of the Provincial Apiarist, are necessary for the proper recording of the information prescribed by regulation for a period of time prescribed by regulation.
63( 2) On the request of the Provincial Apiarist, a beekeeper, a holder of an import and transport permit and a holder of a transit permit shall provide to the Provincial Apiarist any information required to be maintained in the books, records and documents under this Act or the regulations that the Provincial Apiarist reasonably requires.
63( 3) When communicating with the Provincial Apiarist under this or any other section of this Act or the regulations, no person shall knowingly provide the Provincial Apiarist, or attempt to provide the Provincial Apiarist, with false or misleading information.
Use and disclosure of information
64( 1) Despite the Right to Information and Protection of Privacy Act, but subject to subsections (2) to (4), all information acquired by the Minister, the Provincial Apiarist, an inspector or any other person in relation to any person or matter under this Act or the regulations is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information.
64( 2) For the purposes of administering this Act, an employee of the Department may disclose any information to any other employee of the Department.
64( 3) An employee of the Department may, with the consent of the person to whom it relates, disclose any information, book, record or document obtained under this Act.
64( 4) For the purposes of administering this Act or assisting in the administration of similar legislation of another jurisdiction, an employee of the Department may disclose any information to any of the following persons:
aa law enforcement agency, a government, a governmental authority or a regulatory authority of another jurisdiction;
ba person with whom the Department has entered into an arrangement or agreement that relates to or includes the sharing of information; or
ca person or body prescribed by regulation.
64( 5) If this Act is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this Act prevails.
Private property
65 All bees raised and kept in hives are deemed to be private property.
Appeals
66( 1) A person affected by a decision of the Provincial Apiarist or an inspector may appeal to the Minister, in accordance with the regulations, with respect to
athe issuance, the renewal, the refusal to issue or renew, the suspension, the cancellation, the revocation or the reinstatement of a registration or a permit, as the case may be,
ban order made under this Act,
cthe quarantine or removal of bees or the seizure of bees or beekeeping equipment,
dthe imposition of an administrative penalty, or
ethe imposition of costs in relation to an inspection or the treatment, disinfection, removal, quarantine, withholding, seizure or destruction of bees or beekeeping equipment under the regulations, if any.
66( 2) An appeal under subsection (1) does not stay the operation of a decision pending the determination of the appeal unless the Provincial Apiarist directs otherwise.
Evidence
67 A certified copy of an order or notice of administrative penalty under this Act may be entered in evidence before any court, judge or board, and when entered, is, in the absence of evidence to the contrary, proof of the making of the order or notice and that the order or notice was in force and effect at any material time, without proof of the appointment, signature or authority of the person purporting to have signed the order or notice or the certified copy of the order or notice.
Service of documents
68 An order or notice of administrative penalty that is to be served on a person under this Act may be served, and service may be proven, in accordance with the relevant provisions of the Provincial Offences Procedure Act.
No indemnity
69 No person shall be entitled to, or have any claim or right to, any indemnity or compensation in relation to a seizure, forfeiture, disposal or destruction under this Act or the Provincial Offences Procedure Act.
Immunity
70 No action, application or other proceeding lies or shall be instituted against
aan inspector, the Provincial Apiarist, a peace officer, the Minister, or a person authorized by any of them to act under this Act, or any other person employed or engaged in the administration or enforcement of this Act, in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person, and
ba person who, in good faith, reports a designated pest or disease to an inspector, a peace officer or the Provincial Apiarist.
Conflict
71 If this Act or the regulations is inconsistent with or in conflict with any of the following, this Act or the regulations prevails:
aany policy, standard, procedure or guideline established by the Provincial Apiarist under section 4;
bany terms or conditions of a registration or permit issued under this Act established by the Provincial Apiarist; and
cany order made under this Act.
Administration
72 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
Regulations
73( 1) The Lieutenant-Governor in Council may make regulations
aprescribing species of insects for the purpose of the definition “bee” in section 1;
bprescribing pests or diseases for the purpose of the definition “designated pest or disease” in section 1;
cprescribing designated pests or diseases for the purpose of the definition “reportable pest or disease” in section 1, including prescribing threshold criteria beyond which a designated pest or disease is considered a reportable pest or disease;
dsetting out the powers and duties of the Provincial Apiarist for the purposes of subsection 2(2);
e prescribing the information that the Provincial Apiarist may collect from and disclose to the Department for the purposes of subsection 2(6);
fprescribing the information included in the beekeeping registry for the purposes of subsection 3(2);
gprescribing the manner in which a policy, standard, procedure or guideline is published for the purposes of subsection 4(3);
hprescribing the fee for the purposes of an application under subsections 7(1), 13(2) and 16(2), sections 18 and 27, and subsections 39(2) and 44(2);
iprescribing the time for the purposes of an application for registration under subsection 7(1);
jprescribing the circumstances for a refusal of registration for the purposes of paragraph 9(d);
kfixing the time for the validity of a registration for the purposes of section 10;
lestablishing terms and conditions of a registration for the purposes of paragraph 11(1)(b);
mprescribing the time to register additional hives, colonies or apiaries for the purposes of section 12;
nprescribing the time for the purposes of an application for the renewal of a registration under subsection 13(2);
oprescribing the circumstances for the suspension or cancellation of a registration or refusal to renew a registration for the purposes of paragraph 14(e);
pprescribing the categories of import and transport permits for the purposes of section 19;
qprescribing standards with respect to bees or used beekeeping equipment for the purposes of paragraph 20(b);
rprescribing the circumstances for the refusal to issue an import and transport permit for the purposes of paragraph 21(f);
sestablishing the terms and conditions for import and transport permits for the purposes of paragraph 23(1)(b);
tprescribing the circumstances for the suspension or revocation of an import and transport permit for the purposes of paragraph 24(e);
uprescribing standards with respect to bees or used beekeeping equipment for the purposes of paragraph 29(b);
vprescribing the circumstances for refusing to issue a transit permit for the purposes of paragraph 30(f);
westablishing the terms and conditions of a transit permit for the purposes of paragraph 32(1)(b);
xprescribing the circumstances for the suspension or revocation of a transit permit for the purposes of paragraph 33(e);
y prescribing the manner in which the reporting of a reportable pest or disease is to be made for the purposes of subsection 36(2);
zestablishing the requirements for the identification of hives for the purposes of subsection 37(1);
aaprescribing the minimum number of bees and minimum quantity of used beekeeping equipment for the purposes of subsection 39(1);
bbprescribing the standards with respect to bees or used beekeeping equipment for the purposes of paragraph 39(3)(b);
ccprescribing the retention period for a copy of an inspection report for the purposes of subsection 39(4);
ddspecifying any other matter that may be included in an order designating a restricted zone for the purposes of paragraph 42(2)(b);
eespecifying any other matter that may be included in an order designating a quarantine zone for the purposes of paragraph 43(2)(b);
ffprescribing criteria for the purposes of granting exemptions or approvals under subsection 44(1);
ggprescribing any other powers and duties of inspectors for the purposes of paragraph 46(1)(g);
hhprescribing the methods for tests or other scientific investigations for the purposes of paragraph 50(a);
iiprescribing, in respect of offences under the regulations, categories of offences for the purposes of subsection 58(6);
jjfor the purposes of section 60, respecting the imposition, payment and enforcement of administrative penalties, including
( i) prescribing provisions of this Act or the regulations for which a notice of administrative penalty may be issued,
( ii) prescribing the form of the notice of administrative penalty,
( iii) prescribing or determining the amounts that may be imposed as administrative penalties, including minimum and maximum amounts, and
( iv) varying the amount of an administrative penalty prescribed or determined under subparagraph (iii) according to the nature or frequency of the violation or failure to comply, and whether the person in violation or in non-compliance is an individual or a person other than an individual;
kkprescribing information and a period of time for the purposes of subsection 63(1);
llprescribing persons or bodies for the purposes of paragraph 64(4)(c);
mmgoverning appeals for the purposes of subsection 66(1);
nnrespecting the recovery of costs incurred in relation to an inspection or the treatment, disinfection, removal, quarantine, withholding, seizure or destruction of bees or beekeeping equipment;
oodefining any word or expression used but not defined in this Act, for the purposes of this Act, the regulations or both;
pprespecting any other matter or thing necessary or advisable to carry out the intent of this Act.
73( 2) A regulation authorized by this section may incorporate by reference, in whole or in part, any codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with that code, standard, procedure or guideline.
73( 3) A regulation made under subsection (1) may vary for or be made in respect of different persons, matters, permits, species of insect or other thing or different classes or categories of persons, matters, permits, species of insect or other thing.
73( 4) A regulation authorized by this section may be general or particular in its application, may be limited as to time or place or both, and may exclude any place from the application of the regulation.
PART 6
TRANSITIONAL PROVISIONS, REPEALS AND COMMENCEMENT
Transitional provisions
74( 1) Despite any inconsistency with a provision of this Act, a registration, approval or order made or issued under the Apiary Inspection Act, chapter 111 of the Revised Statutes, 2011, that was in force immediately before the commencement of this section shall be deemed to have been made or issued under this Act and is valid and continues in force until it lapses or is amended, revoked, removed or repealed, as the case may be.
74( 2) A person who was appointed under section 2 of the Apiary Inspection Act, chapter 111 of the Revised Statutes, 2011, and who held office immediately before the commencement of this section, shall be deemed to have been appointed under section 2 or 45 of this Act.
Repeal of the Apiary Inspection Act
75 The Apiary Inspection Act, chapter 111 of the Revised Statutes, 2011, is repealed.
Repeal of General Regulation – Apiary Inspection Act
76 New Brunswick Regulation 97-98 under the Apiary Inspection Act is repealed.
Commencement
77 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
SCHEDULE A
Column 1 | Column 2 |
Section | Category of Offence |
| | 4(2) ............... | E |
| | 6(1) ............... | E |
| | 6(2) ............... | E |
| | 7(2) ............... | E |
| | 11(2) ............... | B |
| | 12............... | E |
| | 15............... | E |
| | 17(1) ............... | E |
| | 23(2) ............... | E |
| | 23(3) ............... | D |
| 23(5) ............... | D |
| | 26(1) ............... | E |
| | 32(2) ............... | E |
| | 32(3) ............... | D |
| 35(1) ............... | F |
| 35(2) ............... | F |
| | 35(3) ............... | E |
| | 35(4) ............... | F |
| | 36(1) ............... | F |
| 37(1) ............... | B |
| 37(2) ............... | B |
| | 38............... | D |
| | 39(1) ............... | B |
| | 40............... | D |
| | 42(4) ............... | F |
| | 43(4)(a) ............... | F |
| | 43(4)(b) ............... | F |
| | 44(4) ............... | E |
| | 49(1) ............... | E |
| | 49(2) ............... | E |
| | 54(4) ............... | F |
| | 61(8) ............... | E |
| | 63(1) ............... | D |
| | 63(2) ............... | D |
| | 63(3) ............... | E |