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Regulation number	Title
S-5.3	Seafood Processing Act

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 Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence, Class 3 provisional licence or a secondary processing plant registration certificate.(produit final)

“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)

“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 de détail)

2014-23; 2019, c.12, s.34

Exemptions

3(1)A person who purchases less than 50 kg of fish per day for personal consumption is exempt from the application of the Act.

3(2)The following persons or classes of persons are exempt from the application of the Act, except for section 35 of the Act:

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

(b) a holder of a commercial fishing licence or communal licence under the Fisheries Act (Canada) who holds live lobster caught under the authority of the licence until it is sold;

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

(d) a person who exclusively produces bait;

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

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

(g) 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; and

(h) 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.

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.

3(3)A not-for-profit organization that purchases fish on an occasional basis for raising funds or for a special event is exempt from the application of section 35 of the Act.

2009-104; 2013-54; 2014-23; 2019, c.12, s.34

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 amendment of licence

2014-23

5(1)An application for the amendment of a licence issued under the Act 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.

2014-23

Application for the amendment of a fish purchaser licence

Repealed: 2013-54

2013-54

6Repealed: 2013-54

2013-54

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.

2013-54; 2014-23

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.

2014-23

Renewal of provisional licence

2014-23

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).

2014-23

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.

2014-23

Validity of live lobster holding facility licence

Repealed: 2014-23

2014-23

10Repealed: 2014-23

2014-23

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

Repealed: 2014-23

2014-23

12Repealed: 2014-23

2013-54; 2014-23

Minimum holding capacity

Repealed: 2014-23

2014-23

13Repealed: 2014-23

2013-54; 2014-23

Terms and conditions of fish buying licence

2013-54

13.1A fish buying licence is subject to the following terms and conditions:

(a) when storing or transporting fish at the wharf, the licensee shall use a structure, a vehicle with a closed box or a vehicle with an open box holding an insulated container with a tight-fitting cover, and the structure, closed box or insulated container shall

(i) be constructed of non-toxic and non-absorbent materials that are durable and permit the effective cleaning of all interior surfaces, and

(ii) be clean; and

(iii) Repealed: 2014-23

(b) any container used to hold fish within the structure, closed box or insulated container referred to in paragraph (a) shall

(i) be constructed of non-toxic and non-absorbent materials that are durable and permit the effective cleaning of all interior surfaces,

(ii) be clean,

(iii) be constructed such that the fish in the container are not damaged by the weight of the fish above them or a container above them, and

(iv) allow for effective drainage of water, if it is a container used to hold molluscs, echinoderms or crustaceans;

(c) the licensee shall ensure that

(i) the ambient temperature where fish are kept is not less than 0 °C and not more than 4 °C,

(ii) fish are protected from conditions that allow

(A) the introduction of foreign matter,

(B) the introduction or multiplication of parasites or disease-causing microorganisms, or

(C) the introduction or production of toxins,

(iii) fish are protected from sun, rain, wind and other weather conditions,

(iv) fish are not kept with odoriferous substances, and

(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

(d) the licensee shall carry a copy of his or her fish buying licence while purchasing fish at the wharf and shall ensure that a copy of the fish buying licence is present in any structure or vehicle he or she uses to store or transport fish at the wharf; and

(e) the licensee shall ensure that whenever he or she stores or transports fish at the wharf

(i) there is at least one person present who has completed a training program approved by the Minister under the Act and holds a training certificate,

(ii) that person is carrying a government-issued photo identification card, and

(iii) a copy of that person’s training certificate is present in the structure or vehicle used to store or transport fish.

2013-54; 2014-23

Prescribed species of fish

2014-23

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).

2014-23

Certification

2014-23

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) EIII - 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:

(a) an audit program approved by the Minister, or

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

(i) EI – Processing of Animal Perishable Products;

(ii) EIII – Processing of Animal and Plant Perishable Products (Mixed Products); and

(iii) EIV – Processing of Ambient Stable Products.

2014-23; 2020-11

APPEALS

Notice of appeal

14(1)A person who is entitled to make an appeal under subsection 65(1.1) or (1.2) of the Act may appeal to the Appeal Board within 30 business days after

(a) receiving the written decision of the Registrar or being served with a notice of non-compliance issued by an inspector under the Act, or

(b) receiving the written decision of the Registrar or the order made by the Chief Veterinary Officer under the Aquaculture Act.

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

14(3)At the same time and in the same manner as the notice of appeal is served on the Chair, a copy of the notice of appeal shall be served

(a) on the Registrar or the inspector, as the case may be, if the appeal is commenced under the Act, or

(b) on the Registrar or the Chief Veterinary Officer, as the case may be, if the appeal is commenced under the Aquaculture Act.

2014-23; 2015-55; 2022-31

Fee

15A notice of appeal shall be accompanied by a fee of $1,000, which shall be refunded if the Appeal Board does not confirm the decision or order that is the subject of the appeal.

2014-23; 2015-55; 2022-31

Appeal referred to Appeal Board

Repealed: 2014-23

2014-23

16Repealed: 2014-23

2014-23

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 30 business days after receiving the notice of appeal.

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.

2014-23

Parties to the appeal

2015-55; 2022-31

18In addition to the persons entitled to make an appeal under the Act, the Registrar, the Registrar appointed under the Aquaculture Act, the inspector or the Chief Veterinary Officer whose decision or order, as the case may be, is being appealed is a party to the appeal and is responsible to present a case in support of their decision or order.

2015-55; 2022-31

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)After hearing the appeal, the Appeal Board may

(a) confirm, vary or revoke the decision of the Registrar, or refer the matter back to the Registrar for reconsideration,

(b) confirm, vary or revoke the decision of the Registrar under the Aquaculture Act, or refer the matter back to the Registrar for reconsideration,

(c) confirm, vary or revoke the decision of the inspector under the Act, or

(d) confirm, vary or revoke the order of the Chief Veterinary Officer under the Aquaculture Act or refer the matter back to the Chief Veterinary Officer for reconsideration.

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.

2015-55; 2022-31

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 decision

2015-55

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.

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 Treasury Board.

2013, c.44, s.44; 2014-23; 2016, c.37, s.175

GENERAL

Rate of interest on administrative penalty

2014-23

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.

2014-23

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)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.

26(2)Repealed: 2014-23

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, and

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

(d) Repealed: 2014-23

(e) Repealed: 2014-23

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

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

(b) the name of the wharf or fishing area at which fish were purchased, or both, for every purchase inside or outside the Province,

(c) the date of the purchase,

(d) the species and amount of fish purchased,

(e) the date of the sale, and

(f) the species and amount of fish sold.

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.

2013-54; 2014-23

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) Safe Food for Canadians Act, S.C. 2012, c. 24;

(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;