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1Section 2 of New Brunswick Regulation 2009-20 under the Seafood Processing Act is amended

(a) in the definition “final product” by striking out “the holder of a primary processing plant licence” and substituting “the holder of a Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence, Class 3 provisional licence”;

(b) by adding the following definition in alphabetical order:

“primary processing” includes filleting, smoking, salting, marinating, pickling, drying, cooking, freezing, packaging, shucking, comminuting, applying of heat treatment or preparing fish for sale in any other manner but does not include cleaning, packing or icing.(traitement primaire)

2Section 3 of the Regulation is amended by adding after subsection (2) the following:

3(2.1)A person who meets either of the following requirements is exempt from section 4 of the Act:

(a) the person sells processed fish exclusively inside the Province and meets the requirements under the Public Health Act for a Class 5 food premises licence but is not certified by the Canadian Food Inspection Agency; or

(b) the person carries out any primary processing activity on a fishing vessel.

3The heading “Application for the amendment of a primary processing plant licence” preceding section 5 of the Regulation is repealed and the following is substituted:

Application for amendment of licence

4Subsection 5(1) of the Regulation is amended by striking out “a primary processing plant licence” and substituting “a licence issued under the Act”.

5Section 7 of the Regulation is repealed and the following is substituted:

Fees

7(1)Subject to subsection (2), the application fee for the issuance of a Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence or Class 3 provisional licence is $100.

7(2)Subsection (1) does not apply to the holder of a primary processing plant licence that was in force immediately before April 1, 2014, who is applying for the first time for the issuance of a licence referred to in that subsection.

7(3)The fee for the issuance or renewal of a Class 1 licence or Class 1 provisional licence is $4,500.

7(4)Subject to subsection (6), the fee for the issuance or renewal of a Class 2 licence or Class 2 provisional licence is $2,500.

7(5)Subject to subsection (7), the fee for the issuance or renewal of a Class 3 licence or Class 3 provisional licence is $500, plus $300 for each species of fish permitted to be processed under the licence.

7(6)The fee for the issuance or renewal of a Class 2 licence issued under section 17.2 of the Act is $2,500.

7(7)The fee for the issuance or renewal of a Class 3 licence issued under section 17.2 of the Act is $500, plus

(a) $500 for each species of fish prescribed in section 13.2 and permitted to be processed under the licence, and

(b) $300 for any other species of fish permitted to be processed under the licence.

7(8)Subject to subsection (9), the fee for the amendment of a Class 3 licence or Class 3 provisional licence is $100, plus $300 for each additional species of fish permitted to be processed under the licence.

7(9)The fee for the amendment of a Class 3 licence issued under section 17.2 of the Act is $100, plus $300 for each additional species of fish permitted to be processed under the licence.

7(10)The fee for the issuance or renewal of a secondary processing plant registration certificate is $100.

7(11)The fee for the issuance or renewal of a fish buying licence is $100.

7(12)No fee is payable under subsections (1), (3), (4) and (5), as the case may be, if a person has paid the fees for the same class of provisional licence in the same year.

6Section 8 of the Regulation is repealed and the following is substituted:

Expiry of licence or certificate

8(1)A licence or certificate issued under the Act expires on the March 31 next following its issuance.

8(2)Despite subsection (1), a Class 1 provisional licence, Class 2 provisional licence or Class 3 provisional licence issued under the Act expires on the March 31 next following its issuance or 12 months after its issuance, whichever occurs first.

7The Regulation is amended by adding after section 8 the following:

Renewal of provisional licence

8.1A provisional licence that expires on March 31 may be renewed for the remaining portion of the 12 months referred to in subsection 8(2).

8The heading “Validity of primary processing plant licence” preceding section 9 of the Regulation is repealed and the following is substituted:

Validity of licence

9Section 9 of the Regulation is repealed and the following is substituted:

Validity of licence

9A Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence or Class 3 provisional licence is valid only for the primary processing plant at the location specified on the licence.

10The heading “Validity of live lobster holding facility licence” preceding section 10 of the Regulation is repealed.

11Section 10 of the Regulation is repealed.

12The heading “Waiting period after refusal of application or revocation of licence or certificate” preceding section 12 of the Regulation is repealed.

13Section 12 of the Regulation is repealed.

14The heading “Minimum holding capacity” preceding section 13 of the Regulation is repealed.

15Section 13 of the Regulation is repealed.

16Section 13.1 of the Regulation is amended

(a) in paragraph (a)

(i) in subparagraph (i) of the English version by adding “and” at the end of the subparagraph;

(ii) in subparagraph (ii) by striking out the comma at the end of the subparagraph and substituting a semicolon;

(iii) by repealing subparagraph (iii);

(b) in paragraph (c)

(i) in subparagraph (i) by striking out “air temperature” and substituting “ambient temperature”;

(ii) in subparagraph (iii) of the English version by striking out “and” at the end of the subparagraph;

(iii) in subparagraph (iv) by striking out the semicolon at the end of the subparagraph and substituting “, and”;

(iv) by adding after subparagraph (iv) the following:

(v) each structure or closed box used for storing or transporting fish at the wharf has a temperature-measuring device that is accurate and in good repair and is placed such that it measures the ambient temperature in the structure or closed box, and

(vi) when several insulated containers are used for storing or transporting fish at the wharf, at least one of them has a temperature-measuring device that is accurate and in good repair and is placed such that it measures the ambient temperature in the insulated container; and

17The Regulation is amended by adding after section 13.1 the following:

Prescribed species of fish

13.2The following species of fish are prescribed for the purposes of subsection 16.4(2), section 16.71 and subsections 17.2(2) and (3) of the Act:

(a) American lobster (Homarus americanus);

(b) Northern shrimp (Pandalus borealis);

(c) Snow crab (Chinoecetes opilio);

(d) Atlantic salmon (Salmo salar); and

(e) Herring (Clupea harengus harengus).

Certification

13.3(1)To qualify for a Class 1 licence under the Act, an applicant shall be certified under at least one of the certification schemes recognized by the Global Food Safety Initiative for the following standards:

(a) EI - Processing of Animal Perishable Products;

(b) EII - Processing of Animal and Plant Perishable Products (Mixed Products); and

(c) EIV - Processing of Ambient Stable Products.

13.3(2)To qualify for a Class 2 licence or a Class 3 licence under the Act, an applicant shall be certified under one of the following certification schemes:

(a) Silliker;

(b) Cook and Thurber;

(c) ISO 22000;

(d) Global Aquaculture Alliance Best Aquaculture Practice;

(e) one of the certification schemes recognized by the Global Food Safety Initiative for the following standards:

(i) EI - Processing of Animal Perishable Products;

(ii) EII - Processing of Animal and Plant Perishable Products (Mixed Products); and

(iii) EIV - Processing of Ambient Stable Products; and

(f) one of the certification schemes recognized by the National Sanitation Foundation for the standard entitled “Supplier Assurance Audit for Food Processing Facilities”.

18Section 14 of the Regulation is amended

(a) by repealing subsection (1) and substituting the following:

14(1)Within 30 business days after receiving the written decision of the Registrar or being served with a notice of non-compliance, an applicant for a licence or secondary processing plant registration certificate issued under the Act, a licensee, a holder of a certificate or any person served with a notice of non-compliance may appeal the decision of the Registrar or inspector, as the case may be, to the Appeal Board.

(b) in subsection (2) by striking out “on the Minister” and substituting “on the Chair of the Appeal Board”;

(c) in subsection (3) by striking out “on the Minister” and substituting “on the Chair”.

19Section 15 of the Regulation is amended by striking out “$500” and substituting “$1,000”.

20The heading “Appeal referred to Appeal Board” preceding section 16 of the Regulation is repealed.

21Section 16 of the Regulation is repealed.

22Subsection 17(1) of the Regulation is repealed and the following is substituted:

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 30 business days after receiving the notice of appeal.

23The heading “Remuneration and reimbursement of expenses” preceding section 24 of the Regulation is repealed and the following is substituted:

Reimbursement of expenses

24Section 24 of the Regulation is repealed and the following is substituted:

Reimbursement of expenses

24Each 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.

25The Regulation is amended by adding before section 25 the following:

Rate of interest on administrative penalty

24.1For the purposes of paragraph 76.4(b) of the Act, the rate of interest is the rate fixed under section 9 of New Brunswick Regulation 84-247 under the Revenue Administration Act.

26Section 26 of the Regulation is amended

(a) by repealing subsection (1) and substituting the following:

26(1)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 keep complete and accurate records showing

(a) the species of fish purchased,

(b) the amount of fish purchased,

(c) the name and business address of the fisher, purchaser or licensee from whom the fish were purchased and the province, territory or state from where the fish were purchased, and

(d) the date of the purchase.

(b) by repealing subsection (2);

(c) in subsection (3)

(i) in paragraph (b) of the English version by adding “and” at the end of the paragraph;

(ii) by repealing paragraph (c) and substituting the following:

(c) the name and business address of the licensee or holder of a secondary processing plant registration certificate from whom fish were purchased.

(iii) by repealing paragraph (d);

(iv) by repealing paragraph (e);

(d) in paragraph (4)(b) by striking out “or both” and substituting “or both, for every purchase inside or outside the Province”.

27Schedule B of the Regulation is repealed.

28This Regulation comes into force on April 1, 2014.

2014-23 - Seafood Processing Act

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