The following definitions apply in this Act. 2007, c.10, s.86; 2010, c.31, s.119; 2013, c.22, s.1; 2013, c.44, s.43; 2014, c.1, s.1; 2014, c.42, s.1; 2017, c.63, s.55; 2019, c.2, s.133
“Appeal Board” means the Licensing and Penalty Appeal Board established under section 59.(comité d’appel)
“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 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 provisional licence” means a Class 3 provisional primary processing plant licence issued under section 16.82 and includes a renewal of the licence.(permis provisoire de classe 3)
“Department” means the Department of Agriculture, Aquaculture and Fisheries.(ministère)
“fish” means any fish, including molluscs, echinoderms and crustaceans, and any parts, products or by-products of fish. (poisson)
“fish buying licence” means a fish buying licence issued under section 36 and includes a renewal of the licence.(permis d’acquéreur de poisson)
“fish purchaser licence” Repealed: 2013, c.22, s.1
“inspector” means an inspector appointed under section 66. (inspecteur)
“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)
“live lobster holding facility licence” Repealed: 2014, c.1, s.1
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries. (ministre)
“primary processing” Repealed: 2014, c.1, s.1
“primary processing plant” means a plant where primary processing is carried out. (usine de traitement primaire)
“primary processing plant licence” Repealed: 2014, c.1, s.1
“public service” means the departments, boards, commissions, corporations, agencies and educational institutions whose employees are members of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions.(services publics )
“purchasing agent” Repealed: 2013, c.22, s.1
“purchasing agent certificate” Repealed: 2013, c.22, s.1
“quality improvement officer” means a quality improvement officer appointed under section 68.1.(agent)
“Registrar” means the person appointed as Registrar under section 77. (registraire)
“secondary processing” means the processing of fish beyond primary processing. (traitement secondaire)
“secondary processing plant” means a plant where secondary processing is carried out. (usine de traitement secondaire)
“secondary processing plant registration certificate” means a secondary processing plant registration certificate issued under section 28 and includes a renewal of the registration certificate. (certificat d’enregistrement d’usine de traitement secondaire)
“training certificate” means a training certificate issued under section 80.2.(attestation de formation)
This Act does not apply to any person, class of persons, species of fish or part, product or by-product of fish that is exempted by regulation.
The Minister is responsible for the administration of this Act.
No person shall establish, operate or maintain a primary processing plant unless that person holds one of the following licences: 2014, c.1, s.3
(a) a Class 1 licence;
(b) a Class 2 licence;
(c) a Class 3 licence;
(d) a Class 1 provisional licence;
(e) a Class 2 provisional licence; or
(f) a Class 3 provisional licence.
2014, c.1, s.42014, c.1, s.5; 2019, c.41, s.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 registration or licence under the Safe Food for Canadians Act (Canada), and
(b) has the certification required in accordance with the regulations.
A Class 1 licence is valid for the period of time prescribed by regulation.
2014, c.1, s.6The Registrar may refuse to issue a Class 1 licence under subsection 5(1) if 2014, c.1, s.7; 2019, c.41, s.2
(a) the applicant does not hold the registration or licence or have the certification referred to in subsection 5(1), or
(b) within 3 years before the date the Registrar receives the application to issue 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.
2014, c.1, s.8On application in accordance with the regulations, the Registrar may renew a Class 1 licence. 2014, c.1, s.9
2014, c.1, s.102014, c.1, s.11; 2019, c.41, s.3
The Registrar may refuse to renew a Class 1 licence if
(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
(c) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(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.
The Registrar may refuse to renew a Class 1 licence on any other grounds prescribed by regulation.
2014, c.1, s.12The holder of a Class 1 licence may process all species of fish in a primary processing plant. 2014, c.1, s.13
Repealed: 2014, c.1, s.14 2014, c.1, s.14Repealed: 2014, c.1, s.15 2014, c.1, s.15
2014, c.1, s.16On application in accordance with the regulations, the Registrar may amend a Class 1 licence in relation to 2014, c.1, s.17
(a) the terms and conditions of the licence, or
(b) any other grounds prescribed by regulation.
2014, c.1, s.182014, c.1, s.19
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
(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.
The Registrar may refuse to amend a Class 1 licence on any other grounds prescribed by regulation.
The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a Class 1 licence subject to terms and conditions in relation to 2014, c.1, s.20
(a) Repealed: 2014, c.1, s.20
(b) the time at which and the form in which reports, records, documents or other information are to be provided to the Registrar,
(c) the form and manner in which reports, records, documents or other information are to be prepared and maintained, and
(d) any other matter the Registrar considers necessary for the purposes of this Act and the regulations.
2014, c.1, s.21The Registrar may suspend or revoke a Class 1 licence if 2014, c.1, s.22; 2019, c.41, s.4
(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
(c) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(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.
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. 2014, c.1, s.23
Repealed: 2014, c.1, s.24 2014, c.1, s.24Repealed: 2014, c.1, s.25 2014, c.1, s.25
2014, c.1, s.262014, c.1, s.26; 2019, c.41, s.5
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 registration or licence under the Safe Food for Canadians 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.
A Class 1 provisional licence is valid for the period of time prescribed by regulation.
2014, c.1, s.262014, c.1, s.26
On application in accordance with the regulations, the Registrar may renew a Class 1 provisional licence for the period of time prescribed by regulation.
Despite subsection (1), the Registrar may extend the period of time referred to in subsection (1) if he or she considers it appropriate.
2014, c.1, s.262014, c.1, s.26; 2019, c.41, s.6
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 registration or licence under the Safe Food for Canadians Act (Canada), and
(b) has the certification required in accordance with the regulations.
A Class 2 licence is valid for the period of time prescribed by regulation.
2014, c.1, s.26The Registrar may refuse to issue a Class 2 licence under subsection 16.3(1) if 2014, c.1, s.26; 2019, c.41, s.7
(a) the applicant does not hold the registration or licence or have the 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.
2014, c.1, s.26On application in accordance with the regulations, the Registrar may renew a Class 2 licence. 2014, c.1, s.26
2014, c.1, s.262014, c.1, s.26; 2019, c.41, s.8
The Registrar may refuse to renew a Class 2 licence if
(a) the licensee does not hold the registration or licence referred to in paragraph 16.3(1)(a), or, subject to section 16.93, have 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
(c) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(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.
The Registrar may refuse to renew a Class 2 licence on any other grounds prescribed by regulation.
2014, c.1, s.262014, c.1, s.26; 2014, c.42, s.2
Subject to subsection (3), the holder of a Class 2 licence may process all species of fish in a primary processing plant except those prescribed by regulation.
Subject to subsection (3), no holder of a Class 2 licence shall process in a primary processing plant a species of fish prescribed by regulation.
2014, c.1, s.26On application in accordance with the regulations, the Registrar may amend a Class 2 licence in relation to 2014, c.1, s.26
(a) the terms and conditions of the licence, or
(b) any other grounds prescribed by regulation.
2014, c.1, s.262014, c.1, s.26
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
(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.
The Registrar may refuse to amend a Class 2 licence on any other grounds prescribed by regulation.
2014, c.1, s.26The 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 2014, c.1, s.26
(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
(c) any other matter the Registrar considers necessary for the purposes of this Act and the regulations.
2014, c.1, s.26The Registrar may suspend or revoke a Class 2 licence if 2014, c.1, s.26; 2019, c.41, s.9
(a) the licensee does not hold the registration or licence referred to in paragraph 16.3(1)(a), or, subject to section 16.93, have 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
(c) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(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.
2014, c.1, s.26The fee for the application for, the issuance of or the renewal of a Class 2 licence shall be in the amount prescribed by regulation. 2014, c.1, s.26
2014, c.1, s.262014, c.1, s.26; 2019, c.41, s.10
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 registration or licence under the Safe Food for Canadians 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.
A Class 2 provisional licence is valid for the period of time prescribed by regulation.
2014, c.1, s.262014, c.1, s.26
On application in accordance with the regulations, the Registrar may renew a Class 2 provisional licence for the period of time prescribed by regulation.
Despite subsection (1), the Registrar may extend the period of time referred to in subsection (1) if he or she considers it appropriate.
2014, c.1, s.262014, c.1, s.26; 2019, c.41, s.11
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 registration or licence under the Safe Food for Canadians Act (Canada), and
(b) has the certification required in accordance with the regulations.
A Class 3 licence is valid for the period of time prescribed by regulation.
2014, c.1, s.26The Registrar may refuse to issue a Class 3 licence under subsection 16.6(1) if 2014, c.1, s.26; 2019, c.41, s.12
(a) the applicant does not hold the registration or licence or have the 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.
2014, c.1, s.26On application in accordance with the regulations, the Registrar may renew a Class 3 licence. 2014, c.1, s.26
2014, c.1, s.262014, c.1, s.26; 2019, c.41, s.13
The Registrar may refuse to renew a Class 3 licence if
(a) the licensee does not hold the registration or licence or have the certification referred to in paragraph 16.6(1)(a) or, subject to section 16.93, have 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
(c) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(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.
The Registrar may refuse to renew a Class 3 licence on any other grounds prescribed by regulation.
2014, c.1, s.262014, c.1, s.26; 2014, c.42, s.3
If the Registrar issues a Class 3 licence, he or she shall specify on the licence the species of fish permitted to be processed under the licence.
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.
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.
2014, c.1, s.262014, c.1, s.26; 2014, c.42, s.4
Subject to subsection (2), the species of fish prescribed by regulation shall not be specified on a Class 3 licence.
2014, c.1, s.26On application in accordance with the regulations, the Registrar may amend a Class 3 licence in relation to 2014, c.1, s.26
(a) the species of fish permitted to be processed under the licence,
(b) the terms and conditions of the licence, or
(c) any other grounds prescribed by regulation.
2014, c.1, s.262014, c.1, s.26
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
(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.
The Registrar may refuse to amend a Class 3 licence on any other grounds prescribed by regulation.
2014, c.1, s.26The 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 2014, c.1, s.26
(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
(c) any other matter the Registrar considers necessary for the purposes of this Act and the regulations.
2014, c.1, s.26The Registrar may suspend or revoke a Class 3 licence if 2014, c.1, s.26; 2019, c.41, s.14
(a) the licensee does not hold the registration or licence or have the certification referred to in paragraph 16.6(1)(a) or, subject to section 16.93, have 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
(c) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(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.
2014, c.1, s.26The 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. 2014, c.1, s.26
2014, c.1, s.262014, c.1, s.26; 2019, c.41, s.15
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 registration or licence under the Safe Food for Canadians 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.
A Class 3 provisional licence is valid for the period of time prescribed by regulation.
2014, c.1, s.262014, c.1, s.26
On application in accordance with the regulations, the Registrar may renew a Class 3 provisional licence for the period of time prescribed by regulation.
Despite subsection (1), the Registrar may extend the period of time referred to in subsection (1) if he or she considers it appropriate.
2014, c.1, s.26The 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. 2014, c.1, s.26
2014, c.1, s.262014, c.1, s.26
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.
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).
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.
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).
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).
2014, c.1, s.272014, c.1, s.28
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.
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.
2014, c.1, s.29Every licensee under this Part shall comply with the terms and conditions of the licence. 2014, c.1, s.29
2014, c.1, s.292014, c.1, s.29; 2014, c.42, s.5.
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.
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.
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.
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.
No holder of a Class 2 licence issued under subsection (1) shall process in a primary processing plant a species of fish specified on the holder’s licence.
Paragraph 16.31(a) does not apply to a Class 2 licence issued under this section.
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”.
Paragraph 16.61(a) does not apply to a Class 3 licence issued under this section.
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”.
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.
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.
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.
The fee for the amendment of a Class 3 licence issued under subsection (1) shall be calculated in accordance with the regulations.
2014, c.42, s.62014, c.42, s.6
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).
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).
Repealed: 2014, c.1, s.31 2014, c.1, s.31Repealed: 2014, c.1, s.32 2014, c.1, s.32
Repealed: 2014, c.1, s.33 2014, c.1, s.33Repealed: 2014, c.1, s.34 2014, c.1, s.34
Repealed: 2014, c.1, s.35 2014, c.1, s.35Repealed: 2014, c.1, s.36 2014, c.1, s.36
Repealed: 2014, c.1, s.37 2014, c.1, s.37Repealed: 2014, c.1, s.38 2014, c.1, s.38
Repealed: 2014, c.1, s.39 2014, c.1, s.39Repealed: 2014, c.1, s.40 2014, c.1, s.40
Repealed: 2014, c.1, s.41 2014, c.1, s.41Repealed: 2014, c.1, s.42 2014, c.1, s.42
Repealed: 2014, c.1, s.43 2014, c.1, s.43Repealed: 2014, c.1, s.44 2014, c.1, s.44
Repealed: 2014, c.1, s.45 2014, c.1, s.45Repealed: 2014, c.1, s.46 2014, c.1, s.46
Repealed: 2014, c.1, s.47 2014, c.1, s.47Repealed: 2014, c.1, s.48 2014, c.1, s.48
No person shall establish, operate or maintain a secondary processing plant unless that person holds a secondary processing plant registration certificate.
On application in accordance with the regulations, the Registrar may issue a secondary processing plant registration certificate to an owner or lessee of a secondary processing plant.
A secondary processing plant registration certificate is valid for the period of time prescribed by regulation.
The Registrar may refuse to issue a secondary processing plant registration certificate under subsection 28(1) if, within 3 years before the date the Registrar receives the application to issue the registration certificate, the applicant has been convicted of an offence
(a) under this Act or the regulations, or
(b) under an Act prescribed by regulation or the regulations under that Act.
On application in accordance with the regulations, the Registrar may renew a secondary processing plant registration certificate.
The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a secondary processing plant registration certificate subject to terms and conditions in relation to any matter the Registrar considers necessary for the purposes of this Act and the regulations.
2014, c.1, s.49Every holder of a secondary processing plant registration certificate shall comply with the terms and conditions of the certificate. 2014, c.1, s.49
The Registrar may suspend, revoke or refuse to renew a secondary processing plant registration certificate if
(a) within one year before the date the Registrar suspends or revokes the registration certificate or the Registrar receives the application to renew the registration certificate, the holder of the registration certificate 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 holder of the registration certificate has violated or failed to comply with
(ii) the holder of the registration certificate has violated or failed to comply with a term or condition to which the registration certificate is subject, or
(iii) a person has made a false statement on the application for the registration certificate or for a renewal of the registration certificate, or in any report, record, document or other information required to be provided under this Act or the regulations.
The fee for the issuance or renewal of a secondary processing plant registration certificate shall be calculated in accordance with the regulations.
If the Registrar refuses to issue or renew a secondary processing plant registration certificate or revokes a secondary processing plant registration certificate, no person shall apply for a registration certificate in respect of that secondary processing plant for the period of time prescribed by regulation.
No person, unless exempted by the regulations, shall purchase fish from a fisher on a wharf unless that person holds a fish buying licence. 2013, c.22, s.3; 2014, c.1, s.50
2013, c.22, s.4
On application in accordance with the regulations, the Registrar may issue a fish buying licence to any person.
A fish buying licence is valid for the period of time prescribed by regulation.
The Registrar may refuse to issue a fish buying licence under subsection 36(1) if 2013, c.22, s.5
(a) the Registrar is of the opinion that it is not in the public interest to issue the licence having regard to any factor that, in his or her opinion, is relevant to determining the public interest, or
(b) within 3 years before the date the Registrar receives the application to issue 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.
On application in accordance with the regulations, the Registrar may renew a fish buying licence issued under subsection 36(1). 2013, c.22, s.6
2013, c.22, s.7
The Registrar may refuse to renew a fish buying licence under section 38 if
(a) the Registrar is of the opinion that it is not in the public interest to renew the licence having regard to any factor that, in his or her opinion, is relevant to determining the public interest,
(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
(c) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(ii) the licensee has violated or failed to comply with a 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.
The Registrar may refuse to renew a fish buying licence under section 38 on any other grounds prescribed by the regulations.
Repealed: 2013, c.22, s.7
Repealed: 2013, c.22, s.8 2013, c.22, s.8Repealed: 2013, c.22, s.9 2013, c.22, s.9
Repealed: 2013, c.22, s.10 2013, c.22, s.10Repealed: 2013, c.22, s.11 2013, c.22, s.11
Repealed: 2013, c.22, s.12 2013, c.22, s.12Repealed: 2013, c.22, s.13 2013, c.22, s.13
Repealed: 2013, c.22, s.14 2013, c.22, s.14Repealed: 2013, c.22, s.15 2013, c.22, s.15
The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a fish buying licence subject to terms and conditions in relation to any matter the Registrar considers necessary for the purposes of this Act and the regulations. 2013, c.22, s.16
2014, c.1, s.51Every holder of a fish buying licence shall comply with the terms and conditions of the licence. 2014, c.1, s.51
2013, c.22, s.17
The Registrar may suspend or revoke a fish buying licence if
(a) 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
(b) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(ii) the licensee has violated or failed to comply with a 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.
Repealed: 2013, c.22, s.17
Repealed: 2014, c.1, s.52 2014, c.1, s.52Repealed: 2014, c.1, s.53 2013, c.22, s.19; 2014, c.1, s.53
Repealed: 2013, c.22, s.20 2013, c.22, s.20Repealed: 2013, c.22, s.21 2013, c.22, s.21
Repealed: 2013, c.22, s.22 2013, c.22, s.22Repealed: 2013, c.22, s.23 2013, c.22, s.23
Repealed: 2013, c.22, s.24 2013, c.22, s.24Repealed: 2013, c.22, s.25 2013, c.22, s.25
Repealed: 2013, c.22, s.26 2013, c.22, s.26Repealed: 2013, c.22, s.27 2013, c.22, s.27
Repealed: 2013, c.22, s.28 2013, c.22, s.28Repealed: 2013, c.22, s.29 2013, c.22, s.29
Repealed: 2013, c.22, s.30 2013, c.22, s.30Repealed: 2013, c.22, s.31 2013, c.22, s.31
Repealed: 2013, c.22, s.32 2013, c.22, s.32Repealed: 2013, c.22, s.33 2013, c.22, s.33
Repealed: 2013, c.22, s.34 2013, c.22, s.34Repealed: 2013, c.22, s.35 2013, c.22, s.35
Repealed: 2013, c.22, s.36 2013, c.22, s.36Repealed: 2013, c.22, s.37 2013, c.22, s.37
Repealed: 2013, c.22, s.38 2013, c.22, s.38Repealed: 2013, c.22, s.39 2013, c.22, s.39
Repealed: 2013, c.22, s.40 2013, c.22, s.40Repealed: 2013, c.22, s.41 2013, c.22, s.41
2014, c.1, s.54
The Licensing Appeal Board is continued under the name Licensing and Penalty Appeal Board.
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.
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.
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.
The Lieutenant-Governor in Council, on the recommendation of the Minister, shall appoint members to the Appeal Board, consisting of
(a) a person employed in the Department,
(b) a representative of the seafood industry,
(c) one other member.
The Lieutenant-Governor in Council, on the recommendation of the Minister, shall appoint alternate members to the Appeal Board, consisting of
(a) a person employed in the Department,
(b) a representative of the seafood industry, and
(c) one other member.
If for any reason a member of the Appeal Board cannot act as a member, an alternate member appropriate to comply with the composition of the Appeal Board under section 59 shall act in place of the member while he or she is unable to act.
The Lieutenant-Governor in Council, on the recommendation of the Minister, shall appoint a Chair from among the members of the Appeal Board.
The Chair shall be appointed for a term not exceeding 2 years and is eligible for reappointment.
All other members and all alternate members of the Appeal Board shall be appointed for a term not exceeding 2 years and are eligible for reappointment.
Any appointment to the Appeal Board may be revoked by the Lieutenant-Governor in Council for cause.
2013, c.44, s.43; 2014, c.1, s.55
Each member or alternate member of the Appeal Board who is not employed in the public service is entitled to be paid the remuneration fixed by the Lieutenant-Governor in Council.
The Regulations Act does not apply to an Order in Council made under subsection (1).
Each member or alternate member of the Appeal Board is entitled to be reimbursed for such travelling and living expenses incurred by the member or alternate member in the performance of his or her duties in accordance with the regulations.
2014, c.1, s.56; 2019, c.40, s.93
The Appeal Board may exercise any power conferred on the Appeal Board and shall perform the duties and functions required to be performed by the Board under this Act or the regulations or any other Act or regulation, including the Aquaculture Act.
The following persons may appeal to the Appeal Board under this Act in accordance with the regulations:
(a) a person whose application for a licence or a secondary processing plant registration certificate has been refused by the Registrar;
(b) a licensee or a holder of a certificate who is subject to a decision of the Registrar; or
(c) a person who is served with a notice of noncompliance by an inspector under section 76.1.
The following persons may appeal to the Appeal Board under the Aquaculture Act in accordance with the regulations:
(a) an applicant or a licence holder who is not satisfied with a decision of the Registrar relating to the issuance, amendment, renewal, suspension, revocation or reinstatement of a licence;
(b) an applicant or a lease holder who is not satisfied with a decision of the Registrar relating to the grant, amendment, renewal, transfer or cancellation of a lease;
(c) an applicant or a permit holder who is not satisfied with a decision of the Registrar relating to the issuance, amendment, renewal or cancellation of a permit; or
(d) a person to whom an order was issued by the Chief Veterinary Officer under Part 4.
The Appeal Board shall hear the appeal in accordance with the regulations.
A decision or direction of the Appeal Board under this Act or the regulations is final and conclusive and, except on the grounds of an excess of jurisdiction or denial of natural justice, shall not be questioned or reviewed in any court, and no order shall be made or proceedings taken in any court, whether by way of injunction, declaratory judgment, order on judicial review or otherwise to question, review, prohibit or restrain the Appeal Board.
The Minister may appoint one or more persons as inspectors for the purpose of ensuring compliance with this Act and the regulations.
2013, c.22, s.42; 2014, c.1, s.57; 2019, c.41, s.16; 2019, c.41, s.17
An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, enter and inspect any premises, except a dwelling house, but including a vessel, vehicle or trailer which he or she has reason to believe are being used for the primary processing, secondary processing, storage or transportation of fish and for the purposes of that inspection the inspector may open any container found in those premises that he or she has reason to believe contains fish.
Before or after attempting to effect entry under subsection (1), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.
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,
(c) stop processing any species of fish that is not permitted to be processed under the licence,
(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.
A person issued an order referred to in subsection (2.1) shall comply with the order.
An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, require any of the following to be produced for the purposes of inspection or for the purpose of obtaining copies of them or extracts of them:
(a) books, shipping bills or bills of lading;
(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;
(b.1) training certificates;
(b.2) government-issued photo identification cards;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) registrations or licences under the Safe Food for Canadians Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
No person shall without reasonable excuse fail to provide without delay on demand by an inspector any of the following:
(a) books, shipping bills or bills of lading;
(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;
(b.1) training certificates;
(b.2) government-issued photo identification cards;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) registrations or licences under the Safe Food for Canadians Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
An inspector may remove any reports, records, documents or other information produced as a result of a request under subsection (3) or discovered during the inspection for the purpose of making copies or taking extracts.
An inspector removing a report, record, document or other information from premises under subsection (5) shall first provide a receipt for it to the person in charge of the premises and shall promptly return the report, record, document or other information to the premises after completion of the making of copies or taking of extracts, as the case may be.
Copies of or extracts from reports, records, documents or other information removed from premises under this Act 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 reports, records, documents or other information of which they are copies or from which they are extracts.
An inspector may seize any fish, container or report, record, document or other information which he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under subsection (1),
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) otherwise in accordance with the Provincial Offences Procedure Act.
If fish, containers or reports, records, documents or other information are seized under subsection (8), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.
Subject to subsection (11), all fish, containers and reports, records, documents or other information seized under subsection (8) may be detained for a period not exceeding 2 months following the day of seizure unless during that period prosecution for an offence under this Act or the regulations has been commenced, in which case the fish, containers and reports, records, documents or other information may be further detained until the proceedings, including the appeal proceedings, are finally concluded.
If fish are seized under subsection (8), the inspector or other person having custody of them may sell the fish and pay the proceeds of the sale into the Consolidated Fund.
If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,
(a) the inspector or other person having custody of the fish, containers or reports, records, documents or other information seized shall return them to the person from whom the inspector seized them, or
(b) if the fish are sold under subsection (11), the Minister shall pay to the person from whom the fish were seized such amount as in the opinion of the Minister represents the value thereof.
An inspector carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
No person shall obstruct an inspector who is carrying out or attempting to carry out an inspection under section 67.
2014, c.1, s.58The Minister may appoint one or more persons as quality improvement officers for the purpose of ensuring compliance with this Act and the regulations. 2014, c.1, s.58
2014, c.1, s.582014, c.1, s.58
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.
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
(c) government-issued photo identification cards.
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
(c) government-issued photo identification cards.
2014, c.1, s.58No person shall obstruct a quality improvement officer who is carrying out or attempting to carry out his or her powers under section 68.2. 2014, c.1, s.58
If a person is convicted of an offence under this Act or the regulations, the court that convicts the person may, in addition to any penalty imposed under this Act or the regulations, order that any fish or containers in relation to which the offence was committed or the proceeds of any sale under subsection 67(11) be forfeited to the Crown in right of the Province to be disposed of as the Minister sees fit. 2023, c.17, s.252
2023, c.17, s.252
If any fish, containers or the proceeds of any sale under subsection 67(11) are forfeited to the Crown in right of the Province under section 69, any person, other than a person convicted of the offence, who claims an interest in the fish, containers or proceeds as owner, mortgagee, lienholder or holder of any like interest may, within 30 days after the date of the forfeiture, apply to a judge of The Court of King’s Bench of New Brunswick for an order under subsection (4).
The judge to whom an application is made under subsection (1) shall fix a day not more than 20 days after the date of filing the application for the hearing of the application.
The applicant shall serve notice of the application and of the hearing on the Minister at least 10 days before the day fixed for the hearing.
If, on the hearing of an application, the judge is satisfied on a balance of probabilities that the applicant is not guilty of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted of the offence, the applicant is entitled to an order declaring that his or her interest is not affected by such forfeiture and declaring the nature and extent of his or her interest.
The applicant or the Minister may appeal an order under subsection (4) in accordance with the Rules of Court.
The Minister shall, on application made to the Minister by any person who has obtained a final order under this section,
(a) direct that the fish, containers or proceeds to which the interest of the applicant relates be returned to the applicant, or
(b) direct that an amount equal to the extent of the interest of the applicant, as declared in the order, be paid to the applicant.
An application under subsection (6) shall be made not later than 10 days after a final order is made under this section.
The Minister may sell or otherwise dispose of the fish and containers as he or she sees fit if
(b) an application has been made under subsection (1) and dismissed and the time limited for appeal has expired, or
(c) an amount is to be paid under paragraph (6)(b).
The Minister may designate persons as qualified technicians, who, in his or her opinion, have received suitable training to analyze and examine the following:
(a) a portion of the meat, tissue or body fluid of any species of fish;
(b) containers;
(c) processing apparatus;
(d) substances; or
(e) any other thing prescribed by regulation.
Subject to subsections (3) and (4), a certificate stating that a qualified technician has analyzed or examined any of the things listed in subsection (1) and stating the result of the qualified technician’s analysis is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.
A certificate referred to in subsection (2) shall not be received in evidence unless the party intending to produce it has, before the trial, given to the person against whom the certificate is to be produced, reasonable notice of his or her intention together with a copy of the certificate.
A person to whom a certificate of a qualified technician is given under subsection (3) may, with leave of the court, require the attendance of the qualified technician for purposes of cross-examination.
In a prosecution with respect to an offence under this Act or the regulations, any report, record, document or other information required to be provided under this Act or the regulations to the Registrar and purporting to be signed by a licensee or holder of a secondary processing plant registration certificate or an officer, director, manager, employee or agent of the licensee or holder if the licensee or holder is a corporation, shall be
(a) received in evidence by any court in the Province without proof of the signature on the report, record, document or other information,
(b) proof, in the absence of proof to the contrary, of the facts stated in the report, record, document or other information, and
(c) on the hearing of an information for an offence under this Act or the regulations proof, in the absence of evidence to the contrary, that the person named in the report, record, document or other information as the licensee or holder is the person charged if the name of the licensee or holder on the information and the name of the person mentioned as the licensee or holder in the report, record, document or other information provided are identical.
2013, c.22, s.43; 2014, c.1, s.59
A person who violates or fails to comply with any provision of this Act or the regulations commits an offence.
A person who violates or fails to comply with a provision of this Act that is listed in Schedule A is liable on conviction to a fine of an amount not less than the minimum or more than the maximum amount prescribed for the offence in Schedule A.
A person who violates or fails to comply with a provision of this Act that is not listed in Schedule A is liable on conviction to a fine of not less than $2,500 and not more than $5,000.
A person who violates or fails to comply with any of the provisions of the regulations is liable on conviction to a fine of not less than $2,500 and not more than $5,000.
Repealed: 2014, c.1, s.59
Repealed: 2013, c.22, s.43
No proceeding for an offence under this Act or the regulations shall be commenced more than 2 years after the later of,
(a) the day on which the offence was committed, and
(b) the day evidence of the offence first came to the attention of an inspector.
If an offence under this Act or the regulations continues for more than one day,
If a person has been convicted of an offence under this Act or the regulations and the court is satisfied that as a result of the commission of the offence the person acquired any monetary benefits or that monetary benefits accrued to the person, the court may order the person to pay, despite the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court’s estimation of the amount of those monetary benefits.
2023, c.17, s.252
If a person is convicted of an offence under this Act or the regulations, the court may, in addition to any punishment imposed, order the person to pay the Minister an amount of money for compensation for any costs incurred in the seizure, storage, detainment or disposition of any fish, containers, reports, records, documents, information or other thing seized under this Act or the regulations by means of or in relation to which the offence was committed.
If a court orders a person to pay an amount of money as compensation under subsection (1), the amount and any interest payable on that amount constitute a debt due to the Crown in right of the Province and may be recovered in any court in the Province.
If a corporation commits an offence under this Act or the regulations, an officer, director, manager, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.
2014, c.1, s.602014, c.1, s.60
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.
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.
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.
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;
(c) the amount of the administrative penalty imposed under section 76.3 and the method of payment; and
(d) information with respect to the person’s right to an appeal under section 65.
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.
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.
2014, c.1, s.602014, c.1, s.60; 2019, c.29, s.146
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.
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.
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.
The administrative penalty shall be payable to the Minister of Finance and Treasury Board.
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.
2014, c.1, s.602014, c.1, s.60
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.
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.
(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.
The Minister shall appoint a person employed in the Department as the Registrar for the purposes of this Act and the regulations.
Licensees and holders of secondary processing plant registration certificates shall provide the Registrar with the reports, records, documents and other information required by or in accordance with the regulations, at the times and in the forms in accordance with the regulations.
2014, c.1, s.61On 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. 2014, c.1, s.61
The Minister, with the approval of the Lieutenant-Governor in Council, may enter into an agreement with the Government of Canada, the government of a province or territory of Canada, an agency of the Government of Canada or an agency of the government of a province or territory of Canada concerning
(a) the collection, use and disclosure of information for the purposes of administering or enforcing this Act or the regulations,
(b) the appointment of inspectors under this Act, or
(c) any other matter relating to the orderly and sustainable development of the fish processing industry.
The Minister may establish policies, guidelines, programs and other measures
(a) to promote and protect the public interest, and
(b) for the orderly and sustainable development of the fish processing industry.
2013, c.22, s.44The Minister may approve training programs relating to the handling of fish for the purposes of this Act or the regulations. 2013, c.22, s.44
2013, c.22, s.442013, c.22, s.44
An organization that provides a training program approved by the Minister under section 80.1 shall issue a training certificate to any person who successfully completes the training program.
A training certificate referred to in subsection (1) shall include the following information:
(a) the name of the organization that provided the training program;
(b) the name of the program;
(c) the name of the person who completed the program; and
(d) the date on which the person completed the program.
Licences and secondary processing plant registration certificates are not assignable or transferable. 2013, c.22, s.45; 2014, c.1, s.62
No action lies for damages or otherwise against any of the following persons 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 or the regulations by the person: 2014, c.1, s.63
(a) the Province;
(b) the Minister;
(c) the Registrar;
(d) an inspector;
(d.1) a quality improvement officer;
(e) the Appeal Board;
(f) any member or former member of the Appeal Board; and
(g) any alternate member or former alternate member of the Appeal Board.
The Lieutenant-Governor in Council may make regulations 2013, c.22, s.46; 2014, c.1, s.64; 2019, c.40, s.93
(a) exempting any person, class of persons, species of fish or part, product or by-product of fish from the application of this Act;
(b) respecting the information that is to be provided to the Registrar for the issuance of a licence or certificate under this Act;
(c) respecting the form and manner in which applications for the issuance of a licence or certificate under this Act may be made, including the terms and conditions to be satisfied by an applicant before the issuance of the licence or certificate;
(d) respecting the information that is to be provided to the Registrar for the renewal of a licence or certificate under this Act;
(e) respecting the form and manner in which applications for the renewal of a licence or certificate under this Act may be made, including the terms and conditions to be satisfied by an applicant before the renewal of the licence or certificate;
(f) respecting the grounds on which the Registrar may refuse to renew a licence under this Act;
(f.1) respecting the period of time for which a licence may be renewed;
(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;
(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;
(j) respecting the terms and conditions to which a licence or certificate under this Act is subject;
(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;
(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;
(m) respecting the reports, records, documents and other information to be prepared and maintained by a licensee or a holder of a secondary processing plant registration certificate, including the form and manner in which they are to be prepared and maintained;
(n) respecting the reports, records, documents and other information to be provided to the Registrar by a licensee or a holder of a secondary processing plant registration certificate, including the time at which and the form in which they are to be provided;
(n.1) respecting the certification required to obtain a Class 1 licence, Class 2 licence or Class 3 licence;
(o) prescribing additional duties and authority of inspectors appointed under this Act;
(p) respecting appeals from decisions of the Registrar under this Act and the regulations, including
(i) the grounds for appeal,
(ii) the procedures on appeal,
(iii) the fees in respect of an appeal,
(iv) the effect of a decision of the Registrar pending the outcome of an appeal, and
(v) the powers and authority of the Appeal Board in relation to the appeal;
(p.1) respecting appeals under the Aquaculture Act, including
(i) the grounds for appeal,
(ii) the procedures on appeal,
(iii) the fees in respect of an appeal,
(iv) the effect of a decision or order pending the outcome of an appeal, and
(v) the powers and authority of the Appeal Board in relation to an appeal;
(q) Repealed: 2014, c.1, s.64
(r) respecting expenses for which members and alternate members of the Appeal Board are entitled to be reimbursed;
(r.1) respecting the rate of interest that may be imposed on administrative penalties;
(s) prescribing classes and categories of species of fish;
(s.1) prescribing the species of fish that may only be processed under a Class 1 licence issued under this Act;
(t) respecting forms for the purposes of this Act and the regulations;
(u) prescribing anything that, by this Act, is to be prescribed by regulation;
(u.1) defining words and expressions used but not defined in this Act;
(v) respecting any other matter as may be necessary for the proper administration of this Act.