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2022-31
- Seafood Processing Act
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NEW BRUNSWICK
REGULATION 2022-31
under the
Seafood Processing Act
(O.C. 2022-136)
Filed June 10, 2022
1
Section 14 of New Brunswick Regulation 2009-20 under the Seafood Processing Act is amended
(
a
)
by repealing subsection (1) and substituting the following:
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
.
(
b
)
by repealing subsection (3) and substituting the following:
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
.
2
Section 15 of the Regulation is repealed and the following is substituted:
15
A 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.
3
The heading “Registrar or inspector is party to appeal” preceding section 18 of the Regulation is repealed and the following is substituted:
Parties to the appeal
4
Section 18 of the Regulation is repealed and the following is substituted:
18
In 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.
5
Subsection 20(1) of the Regulation is repealed and the following is substituted:
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.
6
This Regulation comes into force on July 1, 2022.
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