Acts and Regulations

2019, c.40 - Aquaculture Act

Full text
Seafood Processing Act
93(1)Subsection 65(1) of the Seafood Processing Act, chapter S-5.3 of the Acts of New Brunswick, 2006, is repealed and the following is substituted: 
65(1)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.
93(2)The Act is amended by adding after subsection 65(1) the following: 
65(1.1)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.
65(1.2)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.
93(3)Section 83 of the Act is amended by adding after paragraph (p) the following: 
(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;
Seafood Processing Act
93(1)Subsection 65(1) of the Seafood Processing Act, chapter S-5.3 of the Acts of New Brunswick, 2006, is repealed and the following is substituted: 
65(1)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.
93(2)The Act is amended by adding after subsection 65(1) the following: 
65(1.1)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.
65(1.2)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.
93(3)Section 83 of the Act is amended by adding after paragraph (p) the following: 
(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;