3(1)There is established a fund called the Seafood Industry Improvement Fund.

3(2)The Minister of Finance and Treasury Board shall be the custodian of the Fund and the Fund shall be held in trust by the Minister of Finance and Treasury Board.

3(3)For a sector set out in the regulations, a participant shall make a contribution to the Minister in an amount prescribed by regulation.

3(4)A contribution is made to the Minister at the time and in the manner fixed by regulation.

3(5)The Minister shall deposit all contributions made under subsection (3) into the Fund.

3(6)The Fund shall be held for the purposes of this Act in a separate account in the Consolidated Fund.

3(7)All interest arising from the Fund shall be paid into and form part of the Fund.

3(8)All contributions deposited into the Fund for the purposes of section 4 shall be a charge on and payable out of the Fund.

3(9)The payments out of the Fund shall not exceed an amount that represents the contributions made to the Fund and accumulated interest.

3(10)All amounts remaining in the Fund at the end of the fiscal year are carried forward to the next fiscal year.

7(1)The Minister shall certify the payments made under section 5 to the Minister of Finance and Treasury Board.

7(2)When the Minister certifies the payments made, the Minister of Finance and Treasury Board may rely on the amounts so certified.

9(1)To substantiate the total amount of contribution the participant shall make under a check-off scheme, a participant shall maintain records and documents that, in the opinion of the Minister, are necessary for the proper recording of the information prescribed by regulation.

9(2)To meet a participant’s obligation under subsection (1), a participant shall collect the required information from a licence holder and the licence holder shall provide the information to the participant.

9(3)A participant shall provide the information required by the Minister on a form provided by the Minister within the time and in the manner fixed by regulation.

9(4)A participant shall retain the records and documents for a minimum period of seven years after the date of the transaction to which the records or documents relate.

9(5)If a participant fails to maintain accurate records and documents or to provide the required information under this Act and the regulations related to purchases of a particular seafood for a fiscal year, the Minister may require the participant to make a contribution based on the amount that, in the opinion of the Minister, may reasonably be attributed to the participant, having regard to the quantity or weight, as the case may be, of purchases of the seafood in question in the preceding fiscal year.

9(6)The onus of proving that the contribution owed is a different amount than that attributed under subsection (5) shall be on the participant.

10(1)The Minister may make an order

10(2)A Ministerial order may be limited as to time or place.

10(3)The Minister may amend or revoke an order in writing or make a further order in relation to the same subject matter.

10(4)An order shall be published by the Minister

10(5)The Minister may publish an order at least once in each of two consecutive weeks in a newspaper or newspapers having general circulation in areas in which, in the Minister’s opinion, the notice is likely to come to the attention of participants.

10(6)After publication of an order and if it is necessary in the opinion of the Minister, the Minister may send a copy by mail to interested participants.

10(7)An order is effective on publication and for a period of up to five years after the date on which the order is first published, unless the order is revoked.

10(8)The Regulations Act does not apply to an order made under this section.

11(1)The Minister may designate persons as inspectors for the purposes of this Act.

11(2)The Minister shall issue to an inspector a certificate of appointment bearing the Minister’s signature or a facsimile of it.

11(3)An inspector who exercises powers under this Act or the regulations shall produce his or her certificate of appointment on request.

12(1)At any reasonable time, an inspector may enter and inspect premises at which a participant operates for the purpose of ensuring compliance with this Act and the regulations.

12(2)An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under subsection (1).

12(3)For the purposes of an inspection under subsection (1), an inspector shall not enter a private dwelling unless the inspector

12(4)During an inspection, an inspector may do any of the following:

12(5)Immediately on demand by an inspector, a person shall produce a record or document required by the inspector under subsection (4).

12(6)Every person shall give an inspector all reasonable assistance to enable the inspector to carry out an inspection under this section, including providing the inspector with the information that the inspector reasonably requires.

13(1)An inspector may remove any records or documents produced as a result of a request under subsection 12(5) or discovered during the inspection for the purpose of making copies or taking extracts.

13(2)An inspector removing a record or document from premises under subsection (1) shall provide a receipt for it to the person in charge of the premises and shall promptly return the record or document to the premises after making the copies or taking the extracts.

13(3)Copies of or extracts from records or documents removed from premises under subsection (1) and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.

14(1)An inspector may seize any record or document that he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations

14(2)If records or documents are seized under subsection (1), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.

14(3)Subject to subsection (4), all records or documents seized under subsection (1) may be detained for a period not exceeding six months after the day of seizure unless, during that period, prosecution for an offence under this Act or the regulations has been commenced, in which case the records or documents or other information may be further detained until the proceedings, including the appeal proceedings, are finally concluded.

14(4)If no proceedings are taken after a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person, the inspector or other person having custody of the records or documents seized shall return them to the person from whom the inspector seized them.

16(1)If, after an inspection has been conducted, the Minister determines that a participant has not made the total amount of the contribution, the Minister may, in writing, require the participant to remit the amount owing.

16(2)A participant who is subject to a decision under subsection (1) may appeal the decision of the Minister to a judge of The Court of King’s Bench of New Brunswick.

16(3)On an appeal under subsection (2) in which a participant claims that the total contribution was made, the onus of proving that claim is on the participant.

17(1)A person who fails to remit an amount owing under this Act commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

17(2)A person who knowingly makes a statement, either orally or in writing, or submits a record or document under this Act that is incomplete commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

17(3)A person who knowingly makes a statement, either orally or in writing, or submits a record or document under this Act that contains false or misleading information commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

17(4)A person who knowingly fails to maintain any record or document or fails to provide any related information, record or document as required by this Act or the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

17(5)A person who violates or fails to comply with section 15 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

17(6)A person who violates or fails to comply with a provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.

17(7)Despite subsection (6), a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 24(n) commits an offence of the category prescribed by regulation.

19(1)An amount owing to the Minister under this Act or the regulations constitutes a debt due to the Province.

19(2)The Minister may issue a certificate stating the amount of the debt due and the name of the debtor.

19(3)A certificate issued under subsection (2) 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 Crown in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.

19(4)All reasonable costs and charges resulting from the filing, entering and recording of a certificate under subsection (3) may be recovered as if the amount had been included in the certificate.

21(1)The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

21(2)Despite subsection (1), the Minister shall not delegate the power to make an order under section 10.

22(1)The Minister may enter into agreements with any organization, agency, person or Minister of the Crown or with the government of a province or territory of Canada or the Government of Canada if the Minister considers the agreements necessary or expedient for the administration of this Act.

22(2)Without limiting the generality of subsection (1), the Minister may

23(1)A record or document made or given by a person on request of an inspector in the course of an inspection is confidential and for the information and use of the Minister only and may not be inspected by any other person without the written authorization of the Minister.

23(2)The Minister may access any database or information system of the Department that, in the opinion of the Minister, is necessary in order to exercise or perform his or her powers or duties under this Act and the regulations.

23(3)If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this section prevails.