Bill 4 - An Act Respecting the Agriculture Appeal Board Act and the Bee Act

BILL 4

An Act Respecting the Agriculture Appeal Board Act and the Bee Act

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

Agriculture Appeal Board Act

1( 1) Subsection 5(2) of English version of the Agriculture Appeal Board Act, chapter 28, section 1 of the Acts of New Brunswick, 2016, is amended by striking out “his or her” and substituting “their”.

1( 2) Section 6 of the Act is amended

(a) by adding after paragraph (1)(a) the following:

(a.1) the Bee Act,

(b) by adding after paragraph (2)(a) the following:

(a.1) a decision of the Provincial Apiarist or an inspector under the Bee Act,

1( 3) Subsection 8(7) of the English version of the Act is amended by striking out “his or her” and substituting “their”.

1( 4) Subsection 10(2) of the English version of the Act is repealed and the following is substituted:

10( 2) A member or former member of the Board shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by them in relation to any action, application or other proceeding brought against them in connection with the functions of the member and with respect to all other costs, charges and expenses that they incur in connection with those functions, except costs, charges and expenses that are occasioned by that person’s own wilful neglect or wilful default.

1( 5) Paragraph 11(e) of the Act is repealed and the following is substituted:

(e) respecting the effect of a decision of the Minister, the Registrar, the Provincial Apiarist, the Chief Veterinary Officer or an inspector pending the outcome of an appeal;

Regulation under the Agriculture Appeal Board Act

2 New Brunswick Regulation 2018-6 under the Agriculture Appeal Board Act is amended

(a) in section 3

( i) in subsection (1)

( A) in paragraph (b) of the English version by striking out “and” at the end of the paragraph;

( B) in paragraph (c) by striking out the period at the end of the paragraph and substituting “, and”;

( C) by adding after paragraph (c) the following:

(d) if the Provincial Apiarist is a party, the Provincial Apiarist.

( ii) in subsection (3)

( A) in paragraph (d) by striking out the period at the end of the paragraph and substituting a semicolon;

( B) by adding after paragraph (d) the following:

(e) in the case of an appeal of a decision under the Bee Act, the Provincial Apiarist.

(b) in section 4

( i) in paragraph (1)(b) by striking out “(2) and (3)” and substituting “(2), (3) and (4)”;

( ii) by adding after subsection (3) the following:

4( 4) When a panel of the Board is established to hear an appeal of a decision of the Provincial Apiarist or an inspector under the Bee Act, not less than half of the members referred to in paragraph (1)(b) shall be current or former agricultural producers.

7( 3) The commencement of an appeal of a decision under the Bee Act shall not operate as a stay of the decision being appealed, and the decision being appealed has the same force and effect as it would have had if no appeal had been commenced.

Bee Act

3( 1) Section 1 of the Bee Act, chapter 30 of the Acts of New Brunswick, 2021, is amended by adding the following definition in alphabetical order:

“Board” means the Agriculture Appeal Board established under section 2 of the Agriculture Appeal Board Act. (Commission)

3( 2) Section 66 of the Act is repealed and the following is substituted:

66 A person affected by a decision of the Provincial Apiarist or an inspector, as the case may be, may appeal to the Board, in accordance with the Agriculture Appeal Board Act, with respect to

(a) the 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,

(b) an order made under this Act,

(d) the imposition of an administrative penalty, or

(e) the 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.

3( 3) Paragraph 73(1)(mm) of the Act is repealed.

Regulation under the Bee Act

4 New Brunswick Regulation 2023-13 under the Bee Act is amended

(a) in paragraph 27(g) by striking out “to the Minister” and substituting “to the Board”;

(b) by repealing the heading “Appeals” preceding section 31;