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Under section 83 of the Seafood Processing Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the General Regulation - Seafood Processing Act.

2The following definitions apply in this Regulation.

“Act” means the Seafood Processing Act.(Loi)

“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act.(jour ouvrable)

“final product” means fish or processed product that is sold by the holder of a primary processing plant licence or a secondary processing plant registration certificate.(produit final)

“processed product” means fish that has undergone primary processing or secondary processing that significantly changed the nature or value of the fish.(produit transformé)

“retail business” means a retail business as defined in the Days of Rest Act.(commerce au détail)

Exemptions

3The following persons or classes of persons are exempt from the application of the Act:

(a) a person who only produces fish meal for non-human consumption;

(b) an owner or lessee of a cold storage facility whose facility does not carry out primary processing or secondary processing;

(c) a person who exclusively produces bait;

(d) a person who exclusively carries out depuration activities;

(e) a broker of processed product who does not carry out primary processing or secondary processing;

(f) an owner or lessee of a retail business who carries out primary processing or secondary processing at his or her retail business and sells the fish at the retail business or by home delivery to the final consumer;

(g) an owner or lessee of a restaurant who carries out primary processing or secondary processing at his or her restaurant and sells the fish at the restaurant or by home delivery to the final consumer; and

(h) a person who purchases less than 50 kg of fish per day for personal consumption.

LICENCES AND CERTIFICATES

Application for the issuance or renewal of a licence or certificate

4(1)An application for a licence or certificate issued under the Act or for the renewal of such licence or certificate shall be made on a form provided by the Minister.

4(2)The application shall be submitted to the Registrar together with any information required on the form and the fee set out in section 7.

Application for the amendment of a primary processing plant licence

5(1)An application for the amendment of a primary processing plant licence shall be made on a form provided by the Minister.

5(2)The application shall be submitted to the Registrar together with any information required on the form and the fee set out in section 7.

Application for the amendment of a fish purchaser licence

6(1)An application for the amendment of a fish purchaser licence shall be made on a form provided by the Minister.

6(2)The application shall be submitted to the Registrar together with any information required on the form.

Fees

7(1)The fee for the issuance or renewal of a primary processing plant licence is $500, plus

(a) $500 for each species of fish listed in Category 1 of Schedule B that is permitted to be processed under the licence,

(b) $250 for each species of fish listed in Category 2 of Schedule B that is permitted to be processed under the licence, and

(c) $50 for each species of fish not listed in Category 1 or 2 of Schedule B that is permitted to be processed under the licence.

7(2)The fee for the amendment of a primary processing plant licence is $100, plus

(a) $500 for each additional species of fish listed in Category 1 of Schedule B that is permitted to be processed under the licence,

(b) $250 for each additional species of fish listed in Category 2 of Schedule B that is permitted to be processed under the licence, and

(c) $50 for each additional species of fish not listed in Category 1 or 2 of Schedule B that is permitted to be processed under the licence.

7(3)The fee for the issuance or renewal of a live lobster holding facility licence is $100.

7(4)The fee for the issuance or renewal of a secondary processing plant registration certificate is $100.

7(5)The fee for the issuance or renewal of a purchasing agent certificate is $100.

Expiry of licence or certificate

8A licence or certificate issued under the Act expires on the thirty-first day of March next following its issuance.

Validity of primary processing plant licence

9A primary processing plant licence is valid only for the primary processing plant at the location specified on the licence.

Validity of live lobster holding facility licence

10A live lobster holding facility licence is valid only for the live lobster holding facility at the location specified on the licence.

Validity of secondary processing plant registration certificate

11A secondary processing plant registration certificate is valid only for the secondary processing plant at the location specified on the registration certificate.

Waiting period after refusal of application or revocation of licence or certificate

12(1)If the Registrar refuses to issue, renew or amend a primary processing plant licence or revokes a primary processing plant licence, no person shall apply for a licence or for the same amendment of a licence in respect of that primary processing plant until one year after the date of the decision of the Registrar.

12(2)If the Registrar refuses to issue or renew a live lobster holding facility licence or revokes a live lobster holding facility licence, no person shall apply for a licence in respect of that live lobster holding facility until one year after the date of the decision of the Registrar.

12(3) 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 until one year after the date of the decision of the Registrar.

12(4)If the Registrar refuses to issue, renew or amend a fish purchaser licence or revokes a fish purchaser licence, the applicant shall not apply for a fish purchaser licence or for the same amendment of a fish purchaser licence until one year after the date of the decision of the Registrar.

12(5)If the Registrar refuses to issue or renew a purchasing agent certificate or revokes a purchasing agent certificate, the holder of a fish purchaser licence shall not apply for a purchasing agent certificate for the same purchasing agent until one year after the date of the decision of the Registrar.

Minimum holding capacity

13(1)The Registrar may issue a live lobster holding facility licence to an owner or lessee of a live lobster holding facility that is capable of holding at least 4 500 kg of lobster.

13(2)The Registrar may issue a fish purchaser licence to an owner or lessee of a live lobster holding facility that is located in another province or territory of Canada and is capable of holding at least 4 500 kg of lobster.

APPEALS

Notice of appeal

14(1)Within 10 business days after receiving the written decision of the Registrar, an applicant for a licence or certificate issued under the Act, a licensee or a holder of a secondary processing plant registration certificate may appeal the decision to the Minister.

14(2)A notice of appeal and the reasons for the appeal shall be served on the Minister by registered mail or by personal service.

14(3)A copy of the notice of appeal shall be served on the Registrar at the same time and in the same manner as the notice of appeal is served on the Minister.

Fee

15A notice of appeal shall be accompanied by a fee of $500 which shall be refunded if the decision of the Registrar is not confirmed.

Appeal referred to Appeal Board

16The Minister shall refer an appeal to the Appeal Board within 5 business days after receiving the notice of appeal.

Notice of hearing

17(1)The Chair of the Appeal Board shall set a date for the hearing of the appeal which, unless the parties consent to a later date, shall be not later than 20 business days after the date the matter was referred to the Appeal Board.

17(2)The Chair of the Appeal Board shall serve notice of the hearing on the parties at least 15 business days before the date set for the hearing.

17(3)A notice of a hearing shall

(a) indicate the date, time and place of the hearing,

(b) contain a concise statement of the issue, and

(c) contain a statement that, if a party who has been duly notified does not attend the hearing, the Appeal Board may proceed in the party’s absence and the party is not entitled to notice of any further proceedings.

17(4)If a party has been notified of a hearing and does not attend, the Appeal Board may proceed in the party’s absence and the party is not entitled to notice of any further proceedings.

Registrar is party to appeal

18The Registrar is a party to the appeal and is responsible to present a case in support of any decision made by the Registrar.

Right to counsel

19At the hearing of an appeal, the parties to the appeal have the right to attend and to make representations and to adduce evidence respecting the appeal either by themselves or through counsel.

Decision of the Appeal Board

20(1)The Appeal Board may confirm, vary or revoke the decision of the Registrar.

20(2)The Appeal Board shall give the parties to the appeal notice in writing of the decision within 15 business days after the hearing is completed.

Practice and procedure of the Appeal Board

21(1)Subject to this Regulation, the Appeal Board may establish its own rules of practice and procedure.

21(2)The Appeal Board may adjourn a hearing when it considers it appropriate to do so.

Further information or evidence

22The Appeal Board may, at any time before making a decision, consider further information or evidence from the parties to the appeal or request and hear further representations from them.

Appeal not a stay of the Registrar’s decision

23The initiation of an appeal shall not operate as a stay of the decision being appealed from and the decision being appealed from has the same force and effect as it would have had if no appeal had been initiated.

Remuneration and reimbursement of expenses

24(1)Each member and alternate member of the Appeal Board who is not employed in the public service as defined in the Public Service Superannuation Act is entitled to remuneration of $120.00 for each appeal for which he or she attends meetings of the Appeal Board or performs functions related to his or her duties as a member or alternate member of the Appeal Board.

24(2)Each member and alternate member of the Appeal Board is entitled to be reimbursed for travelling and living expenses incurred by the member or alternate member in the performance of his or her duties in accordance with the Travel Directive of the Board of Management.

GENERAL

Inspection powers

25(1)In carrying out an inspection under section 67 of the Act, an inspector may

(a) require that any thing be dismantled, operated, used or set in motion under conditions specified by the inspector,

(b) use any machine, structure, material or equipment,

(c) take samples of fish for analysis,

(d) conduct tests or take measurements,

(e) take photographs and make video recordings,

(f) use or cause to be used any computer system or data processing system in the premises to examine any data contained in, or available to, the system,

(g) reproduce any data contained in, or available to, any computer system or data processing system in the premises, in the form of a printout or other intelligible output and remove the printout or other output for the purpose of examination or for the purpose of making copies or taking extracts,

(h) make electronic copies of any data contained in, or available to, any computer system or data processing system in the premises, and

(i) make reasonable inquiries of any person, orally or in writing.

25(2)An inspector who questions a person under paragraph (1)(i) may exclude from the questioning any person except counsel for the individual being questioned.

Records

26(1)A holder of a primary processing plant licence shall keep complete and accurate records showing

(a) the species of fish purchased,

(b) the amount and value of the fish purchased,

(c) the price paid per kilogram of fish,

(d) the name and business address of the fisher, the owner or lessee of the primary processing plant or the owner or lessee of the live lobster holding facility from whom fish were purchased,

(e) the date and location of the purchase,

(f) the name of the person who purchased the fish,

(g) the date of the sale of the final product, and

(h) the amount, value and form of the final product sold.

26(2)A holder of a live lobster holding facility licence shall keep complete and accurate records showing

(a) the amount and value of the lobster purchased,

(b) the price paid per kilogram of lobster,

(c) the name and business address of the fisher, the owner or lessee of the primary processing plant or the owner or lessee of the live lobster holding facility from whom lobster was purchased,

(d) the date and location of the purchase,

(e) the name of the person who purchased the lobster,

(f) the date of the sale of the lobster, and

(g) the amount and value of the lobster sold.

26(3)A holder of a secondary processing plant registration certificate shall keep complete and accurate records showing

(a) the species of fish purchased,

(b) the amount and form of the fish purchased,

(c) the name and business address of the owner or lessee of the primary processing plant or secondary processing plant from whom fish were purchased,

(d) the date of the sale of the final product, and

(e) the amount, value and form of the final product sold.

26(4)A holder of a fish purchaser licence shall keep complete and accurate records showing

(a) the species of fish purchased,

(b) the amount and value of the fish purchased,

(c) the price paid per kilogram of fish,

(d) the name and business address of the fisher from whom fish were purchased,

(e) the date and location of the purchase, and

(f) the name of the person who purchased the fish.

26(5)A person who is required to keep the records referred to in this section shall retain copies of the records for a period of 5 years after the year to which they relate.

26(6)If the Registrar requests copies of the records referred to in this section, the person who is required to keep the records shall provide the Registrar with copies of the records within the period of time specified by the Registrar, and the period of time shall be at least 48 hours in length, commencing immediately after the person receives the request.

Acts listed in Schedule A

27The Acts listed in Schedule A are prescribed for the purposes of subparagraph 6(b)(ii) or 8(2)(b)(ii), clause 8(2)(c)(i)(B), subparagraph 12(1)(b)(ii), clause 12(1)(c)(i)(B), subparagraph 14(a)(ii), clause 14(b)(i)(B), subparagraph 20(b)(ii) or 22(2)(b)(ii), clause 22(2)(c)(i)(B), subparagraph 24(a)(ii), clause 24(b)(i)(B), paragraph 29(b), subparagraph 32(a)(ii), clause 32(b)(i)(B), subparagraph 37(b)(ii) or 39(1)(b)(ii), clause 39(1)(c)(i)(B), subparagraph 43(1)(b)(ii), clause 43(1)(c)(i)(B), subparagraph 45(1)(a)(ii) or clause 45(1)(b)(i)(B) of the Act.

COMMENCEMENT

Commencement

28This Regulation comes into force on April 1, 2009.

SCHEDULE A

1Acts of the Parliament of Canada:

(a) Fish Inspection Act, chapter F-12, Revised Statutes of Canada, 1985;

(b) Food and Drugs Act, chapter F-27, Revised Statutes of Canada, 1985;

(c) Consumer Packaging and Labelling Act, chapter C-38, Revised Statutes of Canada, 1985,

(d) Fisheries Act, chapter F-14, Revised Statutes of Canada, 1985;

(e) Coastal Fisheries Protection Act, chapter C-33, Revised Statutes of Canada, 1985;

(f) Species at Risk Act, chapter 29, 2002;

(g) Canadian Environmental Protection Act (1999), chapter 33, 1999;

(h) Income Tax Act, chapter 1 (5th Supp.), Revised Statutes of Canada, 1985;

(i) Excise Tax Act, chapter E-15, Revised Statutes of Canada, 1985.

2Acts of the Legislature of New Brunswick:

(a) Fish Inspection Act, chapter F-18, Revised Statutes of New Brunswick, 1973;

(b) Health Act, chapter H-2, Revised Statutes of New Brunswick, 1973;

(c) Clean Air Act, chapter C-5.2, Acts of New Brunswick, 1997;

(d) Clean Environment Act, chapter C-6, Revised Statutes of New Brunswick, 1973;

(e) Clean Water Act, chapter C-6.1, Acts of New Brunswick, 1989;

(f) Fish and Wildlife Act, chapter F-14.1, Acts of New Brunswick, 1980;

(g) Harmonized Sales Tax Act, chapter H-1.01, Acts of New Brunswick, 1997;

(h) Social Services and Education Tax Act, chapter S-10, Revised Statutes of New Brunswick, 1973;

(i) New Brunswick Income Tax Act, chapter N-6.001, Acts of New Brunswick, 2000;

(j) Employment Standards Act, chapter E-7.2, Acts of New Brunswick, 1982;

(k) Occupational Health and Safety Act, chapter O-0.2, Acts of New Brunswick, 1983;

(l) Workers Compensation Act, chapter W-13, Revised Statutes of New Brunswick, 1973.

SCHEDULE B

Category 1

Scientific Name Nom scientifique	English Common Name Nom commun anglais	French Common Name Nom commun français
Homarus americanus	American lobster	Homard américain
Pandalus borealis	Northern shrimp	Crevette nordique
Chinoecetes opilio	Snow crab	Crabe des neiges

Category 2

Scientific Name Nom scientifique	English Common Name Nom commun anglais	French Common Name Nom commun français
Hippoglossus hippoglossus	Atlantic halibut	Flétan de l’Atlantique
Salmo Salar	Atlantic salmon	Saumon de l’Atlantique
Alosa pseudoharengus	Alewife	Gaspareau
Spisula solidissima	Bar clam	Mactre d’Amérique
Artica islandica	Black clam	Palourde noire
Mya arenaria	Soft shell clam	Mye
Gadus morhua	Cod	Morue
Anguilla rostrata	Eel	Anguille
Clupea harengus harengus	Herring	Hareng
Scomber scombrus	Mackerel	Maquereau
Mytilus edulis	Blue mussel	Moule bull
Crassostrea virginica	American oyster	Huîte américaine
Mercenaria mercenaria	Quahaug	Palourde américaine
Cancer irroratus	Rock crab	Crabe commun
Chaceon quiquedens	Red crab	Crabe rouge
Argopectens irradians	Bay scallop	Pétoncle de baie
Placopecten magellanicus	Deep sea scallop	Pétoncle géant
Osmerus mordax	Smelt	Éperlan

2009-20 - Seafood Processing Act

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