17.2(1)Despite subsections 16.3(1) and 16.6(1), on application in accordance with the regulations, the Registrar may issue a Class 2 licence or a Class 3 licence to either of the following persons even though they do not have the certification referred to in paragraph 16.3(1)(b) or 16.6(1)(b), as the case may be:
(a)
the holder of a primary processing plant licence that was in force immediately before April 1, 2014; or
(b)
a person who applied for a primary processing plant licence on or before September 30, 2013, if the application was approved on or before March 31, 2014.
17.2(2)The person who obtains a Class 2 licence under subsection (1) for a primary processing plant may process in the plant
(a)
the species of fish prescribed by regulation that were specified on the holder’s primary processing plant licence on or before September 30, 2013, and any other species of fish that are not prescribed by regulation, or
(b)
if an application for a primary processing plant licence or the amendment of a primary processing plant licence was made on or before September 30, 2013,
(i)
the species of fish prescribed by regulation that were approved on or before March 31, 2014, and any other species of fish that are not prescribed by regulation, or
(ii)
the species of fish prescribed by regulation that are approved as a result of an appeal relating to the application and any other species of fish that are not prescribed by regulation.
17.2(3)The person who obtains a Class 3 licence under subsection (1) for a primary processing plant may process in the plant the species of fish specified on the licence, including
(a)
the species of fish prescribed by regulation that were specified on the holder’s primary processing plant licence on or before September 30, 2013, and any other species of fish that are not prescribed by regulation, or
(b)
if an application for a primary processing plant licence or the amendment of a primary processing plant licence was made on or before September 30, 2013,
(i)
the species of fish prescribed by regulation that were approved on or before March 31, 2014, and any other species of fish that are not prescribed by regulation, or
(ii)
the species of fish prescribed by regulation that are approved as a result of an appeal relating to the application and any other species of fish that are not prescribed by regulation.
17.2(4)If the Registrar renews a Class 2 licence of a person referred to in subsection (2), he or she shall specify on the licence the species of fish that are not permitted to be processed under the licence.
17.2(5)No holder of a Class 2 licence issued under subsection (1) shall process in a primary processing plant a species of fish specified on the holder’s licence.
17.2(5.1)Paragraph 16.31(a) does not apply to a Class 2 licence issued under this section.
17.2(5.2)With respect to a Class 2 licence issued under this section, paragraphs 16.33(1)(a) and 16.44(a) shall be read without reference to “or, subject to section 16.93, the certification required in accordance with the regulations”.
17.2(5.3)Paragraph 16.61(a) does not apply to a Class 3 licence issued under this section.
17.2(5.4)With respect to a Class 3 licence issued under this section, paragraphs 16.63(1)(a) and 16.8(a) shall be read without reference to “or, subject to section 16.93, the certification required in accordance with the regulations”.
17.2(6)Despite section 16.4, when a primary processing plant for which there is a valid Class 2 licence issued under this section is sold or leased for the first time on or after April 1, 2014, the new owner or lessee who obtains a Class 2 licence under section 16.3 may process in the plant the species of fish permitted to be processed at the time of the sale or lease under the Class 2 licence issued under this section.
17.2(7)Despite section 16.71, when a primary processing plant for which there is a valid Class 3 licence issued under this section is sold or leased for the first time on or after April 1, 2014, the new owner or lessee who obtains a Class 3 licence under section 16.6 may process in the plant the species of fish prescribed by regulation that are specified at the time of the sale or lease on the Class 3 licence issued under this section and any other species of fish that are not prescribed by regulation.
17.2(8)The fee for the application for, the issuance of or the renewal of a licence issued under subsection (1) shall be calculated in accordance with the regulations.
17.2(9)The fee for the amendment of a Class 3 licence issued under subsection (1) shall be calculated in accordance with the regulations.
17.2(1)On application in accordance with the regulations, the Registrar may issue a Class 2 licence or a Class 3 licence to the holder of a primary processing plant licence that is in force immediately before the commencement of this subsection even though the holder does not have the certification referred to in paragraph 16.3(1)(b) or 16.6(1)(b), as the case may be.
17.2(2)The person who initially obtains a Class 2 licence under subsection (1) may process all species of fish in the primary processing plant, including the species prescribed by regulation,
(a)
if the species are specified on the holder’s primary processing plant licence on September 30, 2013, or before that date, or
(b)
if the species are specified on the holder’s primary processing plant licence after September 30, 2013, and the application for the licence or for the amendment of the licence was made on or before September 30, 2013.
17.2(3)The person who initially obtains a Class 3 licence under subsection (1) may process any species of fish in the primary processing plant that is specified on the person’s licence, including the species prescribed by regulation,
(a)
if the species are specified on the holder’s primary processing plant licence on September 30, 2013, or before that date, or
(b)
if the species are specified on the holder’s primary processing plant licence after September 30, 2013, and the application for the licence or for the amendment of the licence was made on or before September 30, 2013.
17.2(4)If the Registrar renews a Class 2 licence of a person referred to in subsection (2), he or she shall specify on the licence the species of fish that are not permitted to be processed under the licence.
17.2(5)No holder of a Class 2 licence initially issued under subsection (1) shall process in a primary processing plant a species of fish specified on the holder’s licence.
17.2(6)Despite section 16.4, when a primary processing plant for which there is a valid Class 2 licence issued under subsection (1) is sold or leased for the first time after the commencement of this subsection, the new owner or lessee who obtains a Class 2 licence may process the species of fish referred to in subsection (2) in the plant.
17.2(7)Despite section 16.71, when a primary processing plant for which there is a valid Class 3 licence issued under subsection (1) is sold or leased for the first time after the commencement of this subsection, the new owner or lessee who obtains a Class 3 licence may process the species of fish referred to in subsection (3) in the plant.
17.2(8)The fee for the application for, the issuance of or the renewal of a licence issued under subsection (1) shall be calculated in accordance with the regulations.
17.2(9)The fee for the amendment of a Class 3 licence issued under subsection (1) shall be calculated in accordance with the regulations.