Acts and Regulations

S-5.3 - Seafood Processing Act

Section 8
Disposition versions

Full text
Refusal to renew Class 1 licence
2014, c.1, s.10
8(1)The Registrar may refuse to renew a Class 1 licence if
(a) the applicant does not hold the registration or licence referred to in paragraph 5(1)(a) or, subject to section 16.93, have the certification required in accordance with the regulations,
(b) within one year before the date the Registrar receives the application to renew the licence, the licensee has been convicted of an offence
(i) under this Act or the regulations, or
(ii) under an Act prescribed by regulation or the regulations under that Act, or
(c) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(A) a provision of this Act or the regulations, or
(B) a provision of an Act prescribed by regulation or the regulations under that Act,
(ii) the licensee has violated or failed to comply with any term or condition to which the licence is subject, or
(iii) a person has made a false statement on the application for the licence or for a renewal or amendment of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.
8(2)The Registrar may refuse to renew a Class 1 licence on any other grounds prescribed by regulation.
2014, c.1, s.11; 2019, c.41, s.3
Refusal to renew Class 1 licence
2014, c.1, s.10
8(1)The Registrar may refuse to renew a Class 1 licence if
(a) the applicant does not have the certificate referred to in paragraph 5(1)(a) or, subject to section 16.93, the certification required in accordance with the regulations,
(b) within one year before the date the Registrar receives the application to renew the licence, the licensee has been convicted of an offence
(i) under this Act or the regulations, or
(ii) under an Act prescribed by regulation or the regulations under that Act, or
(c) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(A) a provision of this Act or the regulations, or
(B) a provision of an Act prescribed by regulation or the regulations under that Act,
(ii) the licensee has violated or failed to comply with any term or condition to which the licence is subject, or
(iii) a person has made a false statement on the application for the licence or for a renewal or amendment of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.
8(2)The Registrar may refuse to renew a Class 1 licence on any other grounds prescribed by regulation.
2014, c.1, s.11
Refusal to renew licence
8(1)The Registrar
(a) shall refuse to renew a primary processing plant licence if the licensee has held a licence for 36 or more consecutive months and during that period of time the primary processing plant has not processed the minimum amount of fish as specified by the Registrar on the licence, or
(b) may renew a primary processing plant licence but refuse to specify on the licence a species of fish as the species permitted to be processed under the licence if the licensee has held a licence for 36 or more consecutive months and the primary processing plant has not processed that species of fish during that period of time.
8(2)The Registrar may refuse to renew a primary processing plant licence if
(a) the Registrar is of the opinion that it is not in the public interest to renew the licence having regard to
(i) the supply of fish available,
(ii) the presence of existing primary processing capacity,
(iii) the level of employment, and
(iv) the economic viability of the primary processing plant and the primary processing sector,
(b) within one year before the date the Registrar receives the application to renew the licence, the licensee has been convicted of an offence
(i) under this Act or the regulations, or
(ii) under an Act prescribed by regulation or the regulations under that Act, or
(c) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(A) any provision of this Act or the regulations, or
(B) any provision of an Act prescribed by regulation or the regulations under that Act,
(ii) the licensee has violated or failed to comply with a term or condition to which the licence is subject, or
(iii) a person has made a false statement on the application for the licence or for a renewal or amendment of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.
8(3)The Registrar may refuse to renew a primary processing plant licence on any other grounds prescribed by the regulations.
Refusal to renew licence
8(1)The Registrar
(a) shall refuse to renew a primary processing plant licence if the licensee has held a licence for 36 or more consecutive months and during that period of time the primary processing plant has not processed the minimum amount of fish as specified by the Registrar on the licence, or
(b) may renew a primary processing plant licence but refuse to specify on the licence a species of fish as the species permitted to be processed under the licence if the licensee has held a licence for 36 or more consecutive months and the primary processing plant has not processed that species of fish during that period of time.
8(2)The Registrar may refuse to renew a primary processing plant licence if
(a) the Registrar is of the opinion that it is not in the public interest to renew the licence having regard to
(i) the supply of fish available,
(ii) the presence of existing primary processing capacity,
(iii) the level of employment, and
(iv) the economic viability of the primary processing plant and the primary processing sector,
(b) within one year before the date the Registrar receives the application to renew the licence, the licensee has been convicted of an offence
(i) under this Act or the regulations, or
(ii) under an Act prescribed by regulation or the regulations under that Act, or
(c) after investigation and reasonable inquiry, the Registrar is satisfied that
(i) the licensee has violated or failed to comply with
(A) any provision of this Act or the regulations, or
(B) any provision of an Act prescribed by regulation or the regulations under that Act,
(ii) the licensee has violated or failed to comply with a term or condition to which the licence is subject, or
(iii) a person has made a false statement on the application for the licence or for a renewal or amendment of the licence, or in any report, record, document or other information required to be provided under this Act or the regulations.
8(3)The Registrar may refuse to renew a primary processing plant licence on any other grounds prescribed by the regulations.