Acts and Regulations

2023-13 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2023-13
under the
Bee Act
(O.C. 2023-37)
Filed February 27, 2023
Under section 73 of the Bee Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation – Bee Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Bee Act.(Loi)
“former act” means the Apiary Inspection Act, chapter 111 of the Revised Statutes, 2011.(loi antérieure)
Prescribed bee species
3The species of insect prescribed for the purpose of the definition “bee” in the Act is the honey bee, Apis mellifera Linnaeus.
Information collected from and disclosed to Department
4(1)For the purposes of subsection 2(6) of the Act, the Provincial Apiarist may collect from and disclose to the Department
(a) information contained in the beekeeping registry, and
(b) information with respect to
(i) certificates of registration,
(ii) the inspection of bees or beekeeping equipment, and
(iii) administrative penalties imposed under the Act or this Regulation.
4(2)For the purposes of subsection 4(3) of the Act, a policy, standard, procedure or guideline established by the Provincial Apiarist shall be published on the Department website.
BEEKEEPING REGISTRY
Information contained in the beekeeping registry
5For the purpose of subsection 3(2) of the Act, the beekeeping registry shall contain the following information:
(a) the information required to be provided in an application for registration or for renewal of registration;
(b) with respect to each registration,
(i) the period the registration is valid, and
(ii) the code assigned to the beekeeper on their certificate of registration;
(c) the information required to be provided in an application for an import and transport permit;
(d) with respect to each import and transport permit issued,
(i) the name and address of the permit holder,
(ii) the permit number,
(iii) the date of issuance,
(iv) the period the permit is valid,
(v) the number of colonies or quantity of used beekeeping equipment authorized to be imported,
(vi) the name and address of the beekeeper from the province or territory of Canada of origin of the bees or used beekeeping equipment and the beekeeper’s registration number in that province or territory, and
(vii) any inspection report from the province or territory of Canada of origin of the bees or used beekeeping equipment;
(e) the information required to be provided in an application for a transit permit; and
(f) with respect to each transit permit issued,
(i) the name and address of the permit holder,
(ii) the permit number,
(iii) the date of issuance,
(iv) the period the permit is valid,
(v) the number of colonies or quantity of used beekeeping equipment authorized to be conveyed in transit between provinces or territories of Canada passing through New Brunswick,
(vi) the name and address of the beekeeper from the province or territory of Canada of origin of the bees or used beekeeping equipment, and the beekeeper’s registration number in that province or territory,
(vii) the name and address of the intended recipient of the bees or used beekeeping equipment, and
(viii) any inspection report from the province or territory of Canada of origin of the bees or used beekeeping equipment.
BEEKEEPER REGISTRATION
Time for application for registration
6For the purpose of subsection 7(1) of the Act, a beekeeper shall apply to the Provincial Apiarist for registration within ten days after acquiring a colony.
Time for application for renewal of registration
7(1)For the purpose of subsection 13(2) of the Act, each year, a registered beekeeper shall apply to the Provincial Apiarist for the renewal of their registration between May 15 and June 29, inclusive.
7(2)For greater certainty, subsection (1) applies to a beekeeper who held a valid registration under the former act immediately before the commencement of this section and who is deemed to be a registered beekeeper under subsection 74(1) of the Act.
Time for registering additional hives or colonies
8For the purpose of section 12 of the Act, the time for registering any additional apiaries, hives or colonies, as the case may be, is within ten days after establishing the apiaries or acquiring the hives or colonies.
Refusal to register, reinstate or renew and suspension or cancellation
9(1)For the purpose of paragraph 9(d) of the Act, the Provincial Apiarist may refuse to register or reinstate an applicant for registration if the applicant
(a) does not comply with the policies, standards, procedures and guidelines related to beekeeping established by the Provincial Apiarist under subsection 4(1) of the Act,
(b) has failed to pay an administrative penalty under the Act or this Regulation, or
(c) has been convicted of an offence under the former act or the regulations under that act in the three years immediately preceding the commencement of this section.
9(2)For the purpose of paragraph 14(e) of the Act, the Provincial Apiarist may suspend or cancel the registration of a registered beekeeper or refuse to renew their registration if the registered beekeeper
(a) does not comply with the policies, standards, procedures and guidelines related to beekeeping established by the Provincial Apiarist under subsection 4(1) of the Act,
(b) has failed to pay an administrative penalty under the Act or this Regulation, or
(c) has been convicted of an offence under the former act or the regulations under that act in the three years immediately preceding the commencement of this section.
Term
10(1)For the purpose of section 10 of the Act, a registration is valid from July 1 in one year to June 30 in the next year.
10(2)Despite subsection (1), if a beekeeper applies for a first registration after July 1 in one year, the registration shall be valid from the date of registration to June 30 in the next year.
Conditions of registration
11For the purpose of paragraph 11(1)(b) of the Act, every hive owned by a registered beekeeper shall be identified in accordance with subsection 18(1).
IMPORT AND TRANSPORT PERMITS
Categories
12For the purpose of section 19 of the Act, the following categories of import and transport permits are prescribed:
(a) category 1 – a permit that authorizes the holder to import, or cause to be imported, bees or used beekeeping equipment into the Province from another province or territory of Canada permanently; and
(b) category 2 – a permit that authorizes the holder to import, or cause to be imported, bees or used beekeeping equipment into the Province from another province or territory of Canada during the period set out in the permit.
Refusal to issue
13For the purpose of paragraph 21(f) of the Act, the Provincial Apiarist may refuse to issue an import and transport permit if the applicant
(a) does not comply with the policies, standards, procedures and guidelines related to the importation and transport of bees established by the Provincial Apiarist under subsection 4(1) of the Act,
(b) has failed to pay an administrative penalty under the Act or this Regulation, or
(c) has been convicted of an offence under the former act or the regulations under that act in the three years immediately preceding the commencement of this section.
Suspension or revocation
14For the purpose of paragraph 24(e) of the Act, the Provincial Apiarist may suspend or revoke an import and transport permit if the holder of the permit
(a) does not comply with the policies, standards, procedures and guidelines related to the importation and transport of bees established by the Provincial Apiarist under subsection 4(1) of the Act,
(b) fails to pay an administrative penalty under the Act or this Regulation, or
(c) has been convicted of an offence under the former act or the regulations under that act in the three years immediately preceding the commencement of this section.
TRANSIT PERMITS
Refusal to issue
15For the purpose of paragraph 30(f) of the Act, the Provincial Apiarist may refuse to issue a transit permit if the applicant
(a) does not comply with the policies, standards, procedures and guidelines related to the conveying in transit of bees established by the Provincial Apiarist under section 4(1) of the Act,
(b) has failed to pay an administrative penalty under the Act or this Regulation, or
(c) has been convicted of an offence under the former act or the regulations under that act in the three years immediately preceding the commencement of this section.
Suspension or revocation
16For the purpose of paragraph 33(e) of the Act, the Provincial Apiarist may suspend or revoke a transit permit if the holder of the permit
(a) does not comply with the policies, standards, procedures and guidelines related to the conveying in transit of bees established by the Provincial Apiarist under subsection 4(1) of the Act,
(b) fails to pay an administrative penalty under the Act or this Regulation, or
(c) has been convicted of an offence under the former act or the regulations under that act in the three years immediately preceding the commencement of this section.
GENERAL
Manner of reporting reportable pests or diseases
17For the purpose of subsection 36(2) of the Act, the reporting of a reportable pest or disease shall be made orally or in writing.
Identification of hives
18(1)For the purpose of subsection 37(1) of the Act, hives shall be identified with the code assigned to the beekeeper on their certificate of registration in numbers and letters at least 2.5 cm high, displayed as follows in a manner that is clearly visible:
(a) if hives are on a pallet, on one hive per pallet; or
(b) if hives are not on a pallet, on each hive.
18(2)Despite subsection (1), hives that are imported into the Province under a category 2 import and transport permit shall be identified with the beekeeper’s registration code or equivalent from the province or territory of Canada of origin of the bees, displayed as follows in a manner that is clearly visible:
(a) if the hives are on a pallet, on one hive per pallet; or
(b) if the hives are not on a pallet, on each hive.
Requirements before sale or disposal
19(1)In this section, “registration period” means the period from July 1 in one year to June 30 in the next year.
19(2)For the purposes of subsection 39(1) of the Act,
(a) the minimum number of bees is 20 per registration period, whether colonies, nucleus colonies or queens or a combination of any of those, and
(b) the minimum quantity of used beekeeping equipment is 20 hives, hive components or utensils per registration period.
19(3)For the purpose of subsection 39(4) of the Act, inspection reports shall be kept for three years.
Required information
20(1)For the purpose of subsection 63(1) of the Act, information about the following matters is prescribed:
(a) a beekeeper’s registration;
(b) a permit holder’s import and transport permit or transit permit;
(c) inspections of bees or used beekeeping equipment of registered beekeepers or holders of import and transport permits or transit permits; and
(d) sales or disposals of bees or used beekeeping equipment by registered beekeepers.
20(2)For the purpose of subsection 63(1) of the Act, books, records and documents shall be maintained for three years.
Persons to whom information may be disclosed
21 Persons appointed or designated as inspectors under section 45 of the Act are prescribed for the purposes of paragraph 64(4)(c) of the Act.
Designated pests
22The pests listed in Schedule A are prescribed as designated pests for the purpose of the definition “designated pest or disease” in section 1 of the Act.
Designated diseases
23The diseases listed in Schedule B are prescribed as designated diseases for the purpose of the definition “designated pest or disease” in section 1 of the Act.
Reportable pests
24(1)Subject to subsection (2), the designated pests listed in Schedule C are prescribed as reportable pests for the purpose of the definition “reportable pest or disease” in section 1 of the Act.
24(2)A designated pest shall be considered a reportable pest only when it is found in numbers that exceed the threshold prescribed for the designated pest in Schedule C.
Reportable diseases
25The designated diseases listed in Schedule D are prescribed as reportable diseases for the purpose of the definition “reportable pest or disease” in section 1 of the Act.
Recovery of costs by the Minister
26(1)The Minister may recover all costs incurred in relation to an inspection under the Act or to the treatment, disinfection, removal, quarantine, withholding, seizure or destruction of bees or beekeeping equipment, including, but not limited to, supplies and equipment rentals, the salaries of inspectors and other persons and expenses related to accommodation, meals and mileage.
26(2)The Minister shall not serve a notice seeking the recovery of costs more than six months after the costs were incurred.
26(3)If an amount owing under subsection (1) is not paid within 30 days after the date a notice is served, interest shall be applied to the unpaid amount at a rate of 1.06 % per month compounded monthly or 13.5 % per year.
26(4)An amount owing under subsection (1) is payable to the Minister of Finance and Treasury Board and constitutes a debt due to the Province.
26(5)The Minister may issue a certificate stating the amount of the debt due and the name of the debtor.
26(6)A certificate issued under subsection (5) may be filed in The Court of King’s Bench of New Brunswick and entered and recorded in the Court, and when entered and recorded, may be enforced as a judgment obtained in the Court by the Province against the person named in the certificate for a debt of the amount specified in the certificate.
26(7)All reasonable costs and charges resulting from the filing, entering and recording of a certificate under subsection (6) may be recovered as if the amount had been included in the certificate.
Notice of administrative penalty
27For the purpose of section 60 of the Act, a notice of administrative penalty shall include the following information and statements:
(a) the name of the person who is subject to the administrative penalty;
(b) the provision of the Act or regulations that the person violated or failed to comply with;
(c) the date the violation or failure to comply occurred;
(d) the amount of the administrative penalty;
(e) when and how to pay the administrative penalty;
(f) the consequences for failing to respond to the notice; and
(g) a statement that the person has the right to appeal the imposition of the administrative penalty to the Minister.
Time limit for serving notice of administrative penalty
28 A notice of administrative penalty shall not be served more than six months after the Provincial Apiarist first had knowledge of the violation or failure to comply.
Amount of administrative penalty
29(1)A person who violates or fails to comply with a provision of the Act listed in Column 1 of Schedule E is liable to an administrative penalty in the amount set out in Column 2 of that Schedule for
(a) a first incident,
(b) a second incident, or
(c) a third or subsequent incident.
29(2)A person who violates or fails to comply with a provision of this Regulation listed in Column 1 of Schedule F is liable to an administrative penalty in the amount set out in Column 2 of that Schedule for
(a) a first incident,
(b) a second incident, or
(c) a third or subsequent incident.
29(3)If a violation or failure to comply with a provision of the Act or this Regulation continues for more than one day, the amount of the administrative penalty payable shall be the product of
(a) the penalty imposed under subsection (1) or (2), as the case may be, and
(b) the number of days that the violation or failure to comply continues.
Payment of administrative penalty
30(1)A person shall pay the administrative penalty set out in a notice of administrative penalty within 30 days after being served with the notice.
30(2)An administrative penalty is payable to the Minister of Finance and Treasury Board.
Appeals
31(1)A person who is entitled to make an appeal under subsection 66(1) of the Act may do so by serving the Minister with a written notice of the appeal within 20 business days after
(a) being served with an order,
(b) being served with a notice of administrative penalty, or
(c) becoming aware of a decision with respect to a matter referred to in paragraph 66(1)(a), (c), or (e) of the Act.
31(2)A notice of appeal may be served personally or by mail and, if served by mail, the date of receipt shall be deemed, in the absence of evidence to the contrary, to have been seven days after the date of mailing.
31(3)A notice of appeal shall contain
(a) the name and address of the appellant,
(b) a description of the matter appealed from,
(c) the grounds for the appeal, and
(d) if applicable, a request for an in-person hearing.
31(4)The Minister shall acknowledge receipt of a notice of appeal within five business days after being served.
31(5)If the Minister determines that there is an error or omission in the notice of appeal, the appellant shall correct the error or omission within 15 business days after being so notified by the Minister.
31(6)The hearing of appeal shall be made by written submissions unless the appellant requests an in-person hearing in the notice of appeal.
31(7)An appellant shall provide the Minister with any supporting documents no later than ten business days before the date of the hearing of the appeal.
31(8)The Minister shall dismiss an appeal if the appellant
(a) is not entitled to make an appeal, or
(b) fails to attend the in-person hearing of the appeal, if the appellant requested one.
31(9)The Minister may dismiss an appeal if the appellant
(a) serves the notice of appeal after the time limit set out in subsection (1),
(b) fails to correct an error or omission in a notice of appeal within the time limit set out in subsection (5), or
(c) fails to provide supporting documents within the time limit set out in subsection (7).
31(10)On an appeal under this section, the Minister may confirm, vary or revoke the order or decision appealed from and shall provide the appellant with the Minister’s determination in writing, with reasons, within 90 days after receiving a completed notice of appeal.
Commencement
32This Regulation comes into force on March 1, 2023.
SCHEDULE A
Designated pests
Common name
Abbreviation / Scientific name
Varroa mite
Varroa destructor Anderson and Trueman and all species of the genus Varroa
Resistant Varroa mite, rVM
Resistant Varroa destructor Anderson and Trueman and all species of the genus Varroa being resistant to synthetic miticides
Asian mite (Tropilaelaps mite)
Tropilaelaps clareae Delfinado and Baker and all species of the genus Tropilaelaps
Honey bee tracheal mite
Acarapis woodi Rennie
Euvarroa mite
All species of mites of the genus Euvarroa
Bee louse (bee fly)
Braula coeca Nitzsch
Small hive beetle
Aethina tumida Murray
Large African hive beetle
LAHB / Oplostromus fuligineus Olivier and Oplostromus haroldi Whitte
Africanized bees of the African races and hybrids of European and African races
Apis mellifera scutellata Lepeletier
Cape honey bee
Apis mellifera capensis Escholtz
Asian honey bee
Apis cerana Fabricius and the Apis cerana species complex
Dwarf honey bee
Apis florea Fabricius and the Apis florea species complex
Giant honey bee
Apis dorsata Fabricius and the Apis dorsata species complex
Northern giant hornet
Vespa mandarinia Smith
Southern giant hornet
Vespa soror du Buysson
Yellow-legged hornet
Vespa velutina Lepeletier
Greater wax moth
Galleria mellonella Linnaeus
Lesser wax moth
Achroia grisella Fabricius
SCHEDULE B
Designated diseases
Common name
Abbreviation / Scientific name
American foulbrood
AFB / Paenibacillus larvae bacteria
European foulbrood
EFB / Melissococcus plutonius bacteria and associated bacteria
Nosema disease
Vairimorpha apis (Nosema apis)
Asian Nosema
Vairimorpha ceranae (Nosema ceranae)
Sacbrood (Sacbrood bee virus)
SBV
Chalkbrood
Ascosphaera apis fungus and all species of the genus Ascosphaera
SCHEDULE C
Thresholds for designated pests to be reportable pests
Common name
Threshold
Abbreviation / Scientific Name
Resistant Varroa mite, rVM
1 mite
rVM / Varroa destructor Anderson and Trueman and all species of the genus Varroa being resistant to synthetic miticides
Asian mite (Tropilaelaps mite)
1 mite
Tropilaelaps clareae Delfinado and Baker and all species of the genus Tropilaelaps
Euvarroa mite
1 mite
All species of mites of the genus Euvarroa
Large African hive beetle
1 beetle
LAHB / Oplostromus fuligineus Olivier and Oplostromus haroldi Whitte
Africanized bees of the African races and hybrids of European and African races
1 bee
Apis mellifera scutellata Lepeletier
Cape honey bee
1 bee
Apis mellifera capensis Escholtz
Asian honey bee
1 bee
Apis cerana Fabricius and the Apis cerana species complex
Dwarf honey bee
1 bee
Apis florea Fabricius and the Apis florea species complex
Giant honey bee
1 bee
Apis dorsata Fabricius and the Apis dorsata species complex
Northern giant hornet
1 hornet
Vespa mandarinia Smith
Southern giant hornet
1 hornet
Vespa soror du Buysson
Yellow-legged hornet
1 hornet
Vespa velutina Lepeletier
SCHEDULE D
Reportable diseases
Common name
Abbreviation / Scientific Name
American foulbrood
AFB / Paenibacillus larvae bacteria
European foulbrood
EFB / Melissococcus plutonius bacteria and associated bacteria
SCHEDULE E
Administrative penalties
 Column 1
Column 2
Provision of the Act
Amount of penalty
  4(2)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
  6(1)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
  6(2)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
  7(2)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
 11(2)
first incident
second incident
third or subsequent incident
$500
$570
 $640
 
12
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
15
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
17(1)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
23(2)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
23(3)
first incident
second incident
third or subsequent incident
$500
$1,300
 $2,100
 
23(5)
first incident
second incident
third or subsequent incident
$500
$1,300
 $2,100
 
26(1)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
32(2)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
32(3)
first incident
second incident
third or subsequent incident
$500
$1,300
 $2,100
 
35(1)
first incident
second incident
third or subsequent incident
 $1,000
 $5,600
 $10,200
 
35(2)
first incident
second incident
third or subsequent incident
$1,000
 $5,600
 $10,200
 
35(3)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
35(4)
first incident
second incident
third or subsequent incident
 $1,000
 $5,600
 $10,200
 
36(1)
first incident
second incident
third or subsequent incident
$1,000
 $5,600
 $10,200
 
37(1)
first incident
second incident
third or subsequent incident
$500
$570
 $640
 
37(2)
first incident
second incident
third or subsequent incident
$500
$570
 $640
 
38
first incident
second incident
third or subsequent incident
$500
$1,300
 $2,100
 
39(1)
first incident
second incident
third or subsequent incident
$500
$570
 $640
 
40
first incident
second incident
third or subsequent incident
$500
$1,300
 $2,100
 
42(4)
first incident
second incident
third or subsequent incident
$1,000
 $5,600
 $10,200
 
43(4)(a)
first incident
second incident
third or subsequent incident
$1,000
 $5,600
 $10,200
 
43(4)(b)
first incident
second incident
third or subsequent incident
$1,000
 $5,600
 $10,200
 
44(4)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
49(1)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
49(2)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
54(4)
first incident
second incident
third or subsequent incident
$1,000
 $5,600
 $10,200
 
61(8)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
63(1)
first incident
second incident
third or subsequent incident
$500
$1,300
 $2,100
 
63(2)
first incident
second incident
third or subsequent incident
$500
$1,300
 $2,100
 
63(3)
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
SCHEDULE F
Administrative penalties
 Column 1
Column 2
Provision of this Regulation
Amount of penalty
 6
first incident
second incident
third or subsequent incident
$1,000
$3,100
 $5,200
 
 7(1)
first incident
second incident
third or subsequent incident
$500
$570
 $640
 
N.B. This Regulation is consolidated to February 27, 2023.