Acts and Regulations

2013, c.22 - An Act to Amend the Seafood Processing Act

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2013, c.22
An Act to Amend the
Seafood Processing Act
Assented to June 21, 2013
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1Section 1 of the Seafood Processing Act, chapter S-5.3 of the Acts of New Brunswick, 2006, is amended
(a) by repealing the following definitions:
“fish purchaser licence”;
“purchasing agent”;
“purchasing agent certificate”;
(b) in the definition “licensee” by striking out “fish purchaser licence” and substituting “fish buying licence”;
(c) by adding the following definitions in alphabetical order:
“fish buying licence” means a fish buying licence issued under section 36 and includes a renewal of the licence.(permis d’acquéreur de poisson)
“training certificate” means a training certificate issued under section 80.2.(attestation de formation)
2The heading “FISH PURCHASER LICENCE AND PURCHASING AGENT CERTIFICATE” preceding section 35 of the Act is repealed and the following is substituted:
FISH BUYING LICENCE
3Section 35 of the Act is repealed and the following is substituted:
35No person, unless exempted by the regulations, shall purchase fish from a fisher unless that person holds a fish buying licence.
4Section 36 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
36(1)On application in accordance with the regulations, the Registrar may issue a fish buying licence to any person.
(b) in subsection (2) by striking out “fish purchaser licence” and substituting “fish buying licence”.
5Section 37 of the Act is amended in the portion preceding paragraph (a) by striking out “fish purchaser licence under paragraph 36(1)(b)” and substituting “fish buying licence under subsection 36(1)”.
6Section 38 of the Act is repealed and the following is substituted:
38On application in accordance with the regulations, the Registrar may renew a fish buying licence issued under subsection 36(1).
7Section 39 of the Act is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out “fish purchaser licence under paragraph 38(b)” and substituting “fish buying licence under section 38”;
(b) in subsection (2) by striking out “fish purchaser licence under paragraph 38(b)” and substituting “fish buying licence under section 38”;
(c) by repealing subsection (3).
8The heading “Species of fish specified on licence” preceding section 40 of the Act is repealed.
9Section 40 of the Act is repealed.
10The heading “Refusal to specify species of fish on licence” preceding section 41 of the Act is repealed.
11Section 41 of the Act is repealed.
12The heading “Amendment of licence” preceding section 42 of the Act is repealed.
13Section 42 of the Act is repealed.
14The heading “Refusal to amend licence” preceding section 43 of the Act is repealed.
15Section 43 of the Act is repealed.
16Section 44 of the Act is repealed and the following is substituted:
44The Registrar may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a fish buying licence subject to terms and conditions in relation to any matter the Registrar considers necessary for the purposes of this Act and the regulations.
17Section 45 of the Act is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out “fish purchaser licence” and substituting “fish buying licence”;
(b) by repealing subsection (2).
18Section 46 of the Act is repealed and the following is substituted:
46The fee for the issuance of a fish buying licence under subsection 36(1) or the renewal of a fish buying licence under section 38 shall be calculated in accordance with the regulations.
19Section 47 of the Act is repealed and the following substituted:
47If the Registrar refuses to issue a fish buying licence under subsection 36(1) or renew a fish buying licence under section 38 or revokes a fish buying licence under section 45, the applicant or licensee shall not apply for a fish buying licence for the period of time prescribed by regulation.
20The heading “Issuance of certificate” preceding section 48 of the Act is repealed.
21Section 48 of the Act is repealed.
22The heading “Refusal to issue certificate” preceding section 49 of the Act is repealed.
23Section 49 of the Act is repealed.
24The heading “Renewal of certificate” preceding section 50 of the Act is repealed.
25Section 50 of the Act is repealed.
26The heading “Refusal to renew certificate” preceding section 51 of the Act is repealed.
27Section 51 of the Act is repealed.
28The heading “Species of fish specified on certificate” preceding section 52 of the Act is repealed.
29Section 52 of the Act is repealed.
30The heading “Amendment of certificate” preceding section 53 of the Act is repealed.
31Section 53 of the Act is repealed.
32The heading “Terms and conditions” preceding section 54 of the Act is repealed.
33Section 54 of the Act is repealed.
34The heading “Suspension and revocation of certificate” preceding section 55 of the Act is repealed.
35Section 55 of the Act is repealed.
36The heading “Fees” preceding section 56 of the Act is repealed.
37Section 56 of the Act is repealed.
38The heading “Waiting period after refusal of application or revocation of certificate” preceding section 57 of the Act is repealed.
39Section 57 of the Act is repealed.
40The heading “Requirement to carry licence or certificate” preceding section 58 of the Act is repealed.
41Section 58 of the Act is repealed.
42Section 67 of the Act is amended
(a) in subsection (3)
(i) in paragraph (b) by striking out “, fish purchaser licences or purchasing agent certificates” and substituting “or fish buying licences”;
(ii) by adding after paragraph (b) the following:
(b.1) training certificates;
(b.2) government-issued photo identification cards;
(b) in subsection (4)
(i) in paragraph (b) by striking out “, fish purchaser licences or purchasing agent certificates” and substituting “or fish buying licences”;
(ii) by adding after paragraph (b) the following:
(b.1) training certificates;
(b.2) government-issued photo identification cards;
43Section 73 of the Act is amended
(a) in subsection (5) by striking out “fish purchaser licence” and substituting “fish buying licence”;
(b) by repealing subsection (6).
44The Act is amended by adding after section 80 the following:
Training approved by the Minister
80.1The Minister may approve training programs relating to the handling of fish for the purposes of this Act or the regulations.
Training certificate
80.2(1)An organization that provides a training program approved by the Minister under section 80.1 shall issue a training certificate to any person who successfully completes the training program.
80.2(2)A training certificate referred to in subsection (1) shall include the following information:
(a) the name of the organization that provided the training program;
(b) the name of the program;
(c) the name of the person who completed the program; and
(d) the date on which the person completed the program.
45Section 81 of the Act is amended by striking out “, fish purchaser licences and purchasing agent certificates” and substituting “and fish buying licences”.
46Section 83 of the Act is amended
(a) in paragraph (g) by striking out “, fish purchaser licence or purchasing agent certificate”;
(b) by repealing paragraph (h) and substituting the following:
(h) respecting the form and manner in which applications for the amendment of a primary processing plant licence may be made, including the terms and conditions to be satisfied by an applicant before the amendment to the licence;
(c) in paragraph (i) by striking out “or fish purchaser licence”;
(d) in paragraph (l) by striking out “, fish purchaser licence or purchasing agent certificate”.
47Schedule A of the Act is amended
(a) by repealing the following:
17
First Offence
Second or
Subsequent Offence
10,000
100,000
100,000
500,000
 
40(5)
2,500
5,000
52(2)
2,500
5,000
(b) by adding the following:
17(1)
First Offence
Second or
Subsequent Offence
10,000
100,000
100,000
500,000
48(1)Any fish purchaser licence or purchasing agent certificate issued under the Seafood Processing Act expires on the commencement of this amending Act.
48(2)The Registrar appointed under the Seafood Processing Act shall issue, without payment of a fee, a fish buying licence to any person who, immediately before the commencement of this amending Act, held a valid fish purchaser licence or purchasing agent certificate issued under the Seafood Processing Act.
49This Act comes into force on August 1, 2013.