5(1)On application in accordance with the regulations, the Registrar may issue a primary processing plant licence to

5(2)A primary processing plant licence is valid for the period of time prescribed by regulation.

8(1)The Registrar

8(2)The Registrar may refuse to renew a primary processing plant licence if

8(3)The Registrar may refuse to renew a primary processing plant licence on any other grounds prescribed by the regulations.

9(1)If the Registrar issues a primary processing plant licence under subsection 5(1), he or she shall specify on the licence the species of fish permitted to be processed under the licence.

9(2)If the Registrar specifies lobster as a species of fish permitted to be processed under the primary processing plant licence, the licensee may

9(3)If the Registrar renews a primary processing plant licence under section 7, he or she shall specify on the licence the species of fish permitted to be processed under the licence.

9(4)No person shall process a species of fish in a primary processing plant except the species specified on his or her primary processing plant licence.

12(1)The Registrar may refuse to amend a primary processing plant licence under section 11 if

12(2)The Registrar may refuse to amend a primary processing plant licence on any other grounds prescribed by the regulations.

17(1)No person who holds a primary processing plant licence shall re-equip, modify or expand a primary processing plant unless

17(2)The Registrar may refuse approval under subsection (1) if the Registrar is of the opinion that it is not in the public interest to re-equip, modify or expand the primary processing plant having regard to

19(1)On application in accordance with the regulations, the Registrar may issue a live lobster holding facility licence to an owner or lessee of a live lobster holding facility that is capable of holding the minimum amount of lobster prescribed by regulation.

19(2)A live lobster holding facility licence is valid for the period of time prescribed by regulation.

22(1)The Registrar shall refuse to renew a live lobster holding facility licence if the licensee has held a licence for 36 or more consecutive months and during that period of time the live lobster holding facility has not held the minimum amount of lobster as specified by the Registrar on the licence.

22(2)The Registrar may refuse to renew a live lobster holding facility licence if

22(3)The Registrar may refuse to renew a live lobster holding facility licence on any other grounds prescribed by the regulations.

28(1)On application in accordance with the regulations, the Registrar may issue a secondary processing plant registration certificate to an owner or lessee of a secondary processing plant.

28(2)A secondary processing plant registration certificate is valid for the period of time prescribed by regulation.

36(1)The Registrar

36(2)A fish purchaser licence is valid for the period of time prescribed by regulation.

39(1)The Registrar may refuse to renew a fish purchaser licence under paragraph 38(b) if

39(2)The Registrar may refuse to renew a fish purchaser licence under paragraph 38(b) on any other grounds prescribed by the regulations.

39(3)If the Registrar refuses to renew a fish purchaser licence under subsection (1) or (2), the Registrar shall also refuse to renew all the purchasing agent certificates issued to the licensee.

40(1)If the Registrar issues a fish purchaser licence under paragraph 36(1)(a), he or she shall specify on the licence the species of fish permitted to be purchased under the licence and

40(2)If the Registrar issues a fish purchaser licence under subparagraph 36(1)(b)(i) or (ii), he or she shall specify on the licence the species of fish permitted to be purchased under the licence and

40(3)If the Registrar issues a fish purchaser licence under subparagraph 36(1)(b)(iii), he or she shall

40(4)If the Registrar renews a fish purchaser licence under section 38, he or she shall specify on the licence the species of fish permitted to be purchased under the licence.

40(5)No person shall purchase a species of fish except the species specified on his or her fish purchaser licence.

43(1)The Registrar may refuse to amend a fish purchaser licence under paragraph 42(b) if

43(2)The Registrar may refuse to amend a fish purchaser licence under paragraph 42(b) on any other grounds prescribed by the regulations.

45(1)The Registrar may suspend or revoke a fish purchaser licence if

45(2)If the Registrar suspends or revokes a fish purchaser licence under subsection (1), the Registrar shall also suspend or revoke all of the purchasing agent certificates issued to the licensee.

48(1)On application in accordance with the regulations, the Registrar may issue one or more purchasing agent certificates to a holder of a fish purchaser licence.

48(2)If the Registrar issues a purchasing agent certificate under subsection (1), he or she shall specify on the certificate the name and address of the holder of the fish purchaser licence and the name of the purchasing agent.

48(3)A purchasing agent certificate is valid for the period of time prescribed by regulation.

48(4)The holder of the fish purchaser licence shall provide the purchasing agent with the certificate or a copy of the certificate certified by the holder of the fish purchaser licence to be true and correct.

52(1)If the Registrar issues a purchasing agent certificate under subsection 48(1) or renews a purchasing agent certificate under section 50, he or she shall specify on the certificate the species of fish permitted to be purchased under the certificate and the specified species shall be the same as the species specified on the corresponding fish purchaser licence.

52(2)No purchasing agent shall purchase a species of fish except the species specified on the purchasing agent certificate.

55(1)The Registrar shall revoke a purchasing agent certificate on the written request of the holder of the fish purchaser licence.

55(2)The Registrar may suspend or revoke all the purchasing agent certificates designating a person as purchasing agent if, within one year before the date the Registrar suspends or revokes the certificate, the purchasing agent has been convicted of an offence under this Act or the regulations.

58(1)A holder of a fish purchaser licence shall carry his or her fish purchaser licence while purchasing fish and shall, on the request of an inspector, provide the inspector with the licence.

58(2)A purchasing agent shall carry the purchasing agent certificate or a certified copy of the certificate while purchasing fish and shall, on the request of an inspector, provide the inspector with the certificate or certified copy.

61(1)The Lieutenant-Governor in Council, on the recommendation of the Minister, shall appoint alternate members to the Appeal Board, consisting of

61(2)If for any reason a member of the Appeal Board cannot act as a member, an alternate member appropriate to comply with the composition of the Appeal Board under section 59 shall act in place of the member while he or she is unable to act.

63(1)The Chair shall be appointed for a term not exceeding 2 years and is eligible for reappointment.

63(2)All other members and all alternate members of the Appeal Board shall be appointed for a term not exceeding 2 years and are eligible for reappointment.

63(3)Notwithstanding subsection (1) and subject to subsection (5), the Chair shall remain in office until the Chair resigns or is reappointed or replaced.

63(4)Notwithstanding subsection (2) and subject to subsection (5), a member or alternate member of the Appeal Board shall remain in office until the member or alternate member resigns or is reappointed or replaced.

63(5)Any appointment to the Appeal Board may be revoked by the Lieutenant-Governor in Council for cause.

64(1)Each member or alternate member of the Appeal Board who is not employed in the public service as defined in the Public Service Superannuation Act is entitled to be paid such remuneration in accordance with the regulations.

64(2)Each member or alternate member of the Appeal Board is entitled to be reimbursed for such travelling and living expenses incurred by the member or alternate member in the performance of his or her duties in accordance with the regulations.

65(1)An applicant for a licence or certificate or a licensee or holder of a secondary processing plant registration certificate may, in accordance with the regulations, appeal a decision of the Registrar to the Minister.

65(2)The Minister shall refer an appeal under subsection (1) to the Appeal Board who shall, in accordance with the regulations, hear the appeal.

65(3)A decision or direction of the Appeal Board under this Act or the regulations is final and conclusive and, except on the grounds of an excess of jurisdiction or denial of natural justice, shall not be questioned or reviewed in any court, and no order shall be made or proceedings taken in any court, whether by way of injunction, declaratory judgment, order on judicial review or otherwise to question, review, prohibit or restrain the Appeal Board.

67(1)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, enter and inspect any premises, except a dwelling house, but including a vessel, vehicle or trailer which he or she has reason to believe are being used for the primary processing, secondary processing, storage or transportation of fish, or the holding of live lobster, and for the purposes of that inspection the inspector may open any container found in those premises that he or she has reason to believe contains fish.

67(2)Before or after attempting to effect entry under subsection (1), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.

67(3)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, require any of the following to be produced for the purposes of inspection or for the purpose of obtaining copies of them or extracts of them:

67(4)No person shall without reasonable excuse fail to provide without delay on demand by an inspector any of the following:

67(5)An inspector may remove any reports, records, documents or other information produced as a result of a request under subsection (3) or discovered during the inspection for the purpose of making copies or taking extracts.

67(6)An inspector removing a report, record, document or other information from premises under subsection (5) shall first provide a receipt for it to the person in charge of the premises and shall promptly return the report, record, document or other information to the premises after completion of the making of copies or taking of extracts, as the case may be.

67(7)Copies of or extracts from reports, records, documents or other information removed from premises under this Act 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 reports, records, documents or other information of which they are copies or from which they are extracts.

67(8)An inspector may seize any fish, container or report, record, document or other information which he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations

67(9)If fish, containers or reports, records, documents or other information are seized under subsection (8), 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.

67(10)Subject to subsection (11), all fish, containers and reports, records, documents or other information seized under subsection (8) may be detained for a period not exceeding 2 months following 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 fish, containers and reports, records, documents or other information may be further detained until the proceedings, including the appeal proceedings, are finally concluded.

67(11)If fish are seized under subsection (8), the inspector or other person having custody of them may sell the fish and pay the proceeds of the sale into the Consolidated Fund.

67(12)If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,

67(13)An inspector carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).

70(1)If any fish, containers or the proceeds of any sale under subsection 67(11) are forfeited to Her Majesty in right of the Province under section 69, any person, other than a person convicted of the offence, who claims an interest in the fish, containers or proceeds as owner, mortgagee, lienholder or holder of any like interest may, within 30 days after the date of the forfeiture, apply to a judge of The Court of Queen’s Bench of New Brunswick for an order under subsection (4).

70(2)The judge to whom an application is made under subsection (1) shall fix a day not more than 20 days after the date of filing the application for the hearing of the application.

70(3)The applicant shall serve notice of the application and of the hearing on the Minister at least 10 days before the day fixed for the hearing.

70(4)If, on the hearing of an application, the judge is satisfied on a balance of probabilities that the applicant is not guilty of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted of the offence, the applicant is entitled to an order declaring that his or her interest is not affected by such forfeiture and declaring the nature and extent of his or her interest.

70(5)The applicant or the Minister may appeal an order under subsection (4) in accordance with the Rules of Court.

70(6)The Minister shall, on application made to the Minister by any person who has obtained a final order under this section,

70(7)An application under subsection (6) shall be made not later than 10 days after a final order is made under this section.

70(8)The Minister may sell or otherwise dispose of the fish and containers as he or she sees fit if

71(1)The Minister may designate persons as qualified technicians, who, in his or her opinion, have received suitable training to analyze and examine the following:

71(2)Subject to subsections (3) and (4), a certificate stating that a qualified technician has analyzed or examined any of the things listed in subsection (1) and stating the result of the qualified technician’s analysis is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.

71(3)A certificate referred to in subsection (2) shall not be received in evidence unless the party intending to produce it has, before the trial, given to the person against whom the certificate is to be produced, reasonable notice of his or her intention together with a copy of the certificate.

71(4)A person to whom a certificate of a qualified technician is given under subsection (3) may, with leave of the court, require the attendance of the qualified technician for purposes of cross-examination.

73(1)A person who violates or fails to comply with any provision of this Act or the regulations commits an offence.

73(2)A person who violates or fails to comply with a provision of this Act that is listed in Schedule A is liable on conviction to a fine of an amount not less than the minimum or more than the maximum amount prescribed for the offence in Schedule A.

73(3)A person who violates or fails to comply with a provision of this Act that is not listed in Schedule A is liable on conviction to a fine of not less than $250 and not more than $2,500.

73(4)A person who violates or fails to comply with any of the provisions of the regulations is liable on conviction to a fine of not less than $250 and not more than $500.

73(5)A person who fails to comply with the terms or conditions of his or her primary processing plant licence, live lobster holding facility licence, secondary processing plant registration certificate or fish purchaser licence commits an offence and is liable on conviction to a fine of not less than $2,500 and not more than $5,000.

73(6)A purchasing agent who fails to comply with the terms or conditions of the purchasing agent certificate commits an offence and is liable on conviction to a fine of not less than $2,500 and not more than $5,000.

73(7)No proceeding for an offence under this Act or the regulations shall be commenced more than 2 years after the later of,

73(8)If an offence under this Act or the regulations continues for more than one day,

75(1)If a person is convicted of an offence under this Act or the regulations, the court may, in addition to any punishment imposed, order the person to pay the Minister an amount of money for compensation for any costs incurred in the seizure, storage, detainment or disposition of any fish, containers, reports, records, documents, information or other thing seized under this Act or the regulations by means of or in relation to which the offence was committed.

75(2)If a court orders a person to pay an amount of money as compensation under subsection (1), the amount and any interest payable on that amount constitute a debt due to Her Majesty in right of the Province and may be recovered in any court in the Province.