Acts and Regulations

S-5.3 - Seafood Processing Act

Section 65
Disposition versions

Full text
Appeal
65(1)The Appeal Board may exercise any power conferred on the Appeal Board and shall perform the duties and functions required to be performed by the Board under this Act or the regulations or any other Act or regulation, including the Aquaculture Act.
65(1.1)The following persons may appeal to the Appeal Board under this Act in accordance with the regulations:
(a) a person whose application for a licence or a secondary processing plant registration certificate has been refused by the Registrar;
(b) a licensee or a holder of a certificate who is subject to a decision of the Registrar; or
(c) a person who is served with a notice of noncompliance by an inspector under section 76.1.
65(1.2)The following persons may appeal to the Appeal Board under the Aquaculture Act in accordance with the regulations: 
(a) an applicant or a licence holder who is not satisfied with a decision of the Registrar relating to the issuance, amendment, renewal, suspension, revocation or reinstatement of a licence;
(b) an applicant or a lease holder who is not satisfied with a decision of the Registrar relating to the grant, amendment, renewal, transfer or cancellation of a lease;
(c) an applicant or a permit holder who is not satisfied with a decision of the Registrar relating to the issuance, amendment, renewal or cancellation of a permit; or
(d) a person to whom an order was issued by the Chief Veterinary Officer under Part 4.
65(2)The Appeal Board shall hear the appeal in accordance with the regulations.
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.
2014, c.1, s.56; 2019, c.40, s.93
Appeal
65(1)An applicant for a licence or a secondary processing plant certificate, a licensee, a holder of a certificate or a person who is served with a notice of non-compliance under section 76.1 may, in accordance with the regulations, appeal a decision of the Registrar or the inspector, as the case may be, to the Appeal Board.
65(2)The Appeal Board shall hear the appeal in accordance with the regulations.
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.
2014, c.1, s.56
Appeal
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.
Appeal
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.