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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Potato Disease Eradication Act
 
Legislature :
54
Session :
5
Bill No. :
21
Member :
Hon. Weston
First Reading :
2002-12-6
Second Reading :
2002-12-11
Committee of the Whole :
2003-1-15
Amended :
Third Reading :
2003-1-16
Royal Assent :
2003-2-21
Download PDF :
  Bill 21         
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Text of Bill :


Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 1 of the Potato Disease Eradication Act, chapter P-9.4 of the Acts of New Brunswick, 1979, is amended by repealing the definition "Board".



2                           Section 3 of the Act is repealed.



3                           Section 3.1 of the Act is amended by striking out "other than the Board".



4                           Subsection 3.2(1) of the Act is repealed and the following is substituted:



3.2(1)             The Regulations Act does not apply to categories or terms and conditions established by a body or person designated by the Minister under section 3.1.



5                           Section 17 of the Act is repealed and the following is substituted:



17(1)               A person affected by an order, notice or authorization of an inspector under this Act may appeal to the Minister by delivering or sending by registered mail to the Minister, within fourteen days after receiving the order, notice or authorization of an inspector under this Act, a notice in the form prescribed by regulation stating the grounds upon which the person's appeal is based.



17(2)               Within fourteen days after receipt of the notice of appeal, the Minister shall arrange for a hearing to be held into the matter.



17(3)               The Minister shall render a decision within thirty days after the hearing.



17(4)               In rendering a decision, the Minister may



(a)               declare that an order, notice or authorization stand,



(b)               revoke the order, notice or authorization, or



(c)                vary the order, notice or authorization in any way the Minister considers appropriate.



17(5)               The decision of the Minister is final and not subject to review.



6                           Subsection 25.8(6) of the Act is repealed and the following is substituted:



25.8(6)          Notwithstanding any other provision of this Act, no appeal lies to the Minister from or in relation to an order made under subsection (1).



7                           Subsection 25.801(7) of the Act is repealed and the following is substituted:



25.801(7)    Notwithstanding any other provision of this Act, no appeal lies to the Minister from or in relation to a determination made under subsection (2) or an order made under subsection (4).



8                           Paragraph 26(1)(c.2) of the Act is amended by striking out "subject to paragraph 3(5)(b.1) and section 3.1" and substituting "subject to section 3.1".



9(1)                   The Potato Diseases Advisory Board is terminated.



9(2)                   All appointments or designations of persons as Chairman, Vice-Chairman or members of the Potato Diseases Advisory Board are revoked.



9(3)                   All contracts, agreements and orders relating to the amount of remuneration to be paid to the Chairman, Vice-Chairman or members of the Potato Diseases Advisory Board are null and void.



9(4)                   Notwithstanding the provisions of any contract, agreement or order, no remuneration shall be paid to the Chairman, Vice-Chairman or members of the Potato Diseases Advisory Board.



9(5)                   No action, application or other proceeding lies or shall be instituted against the Minister of Agriculture, Fisheries and Aquaculture or the Crown in right of the Province as a result of the termination of the Potato Diseases Advisory Board under subsection (1) or the revocation of appointments or designations under subsection (2).



9(6)                   An appeal made to the Potato Diseases Advisory Board before the commencement of this Act shall be dealt with by the Minister in accordance with section 17 of the Potato Disease Eradication Act, as amended by section 5 of this amending Act.



9(7)                   The documentation, information, records and files pertaining to an appeal to be dealt with by the Minister under subsection (6) become the documentation, information, records and files of the Minister on the commencement of this Act.



Consequential amendments to New Brunswick Regulation 82-70 under the Potato Disease Eradication Act

10                        Form 1 of New Brunswick Regulation 82-70 under the Potato Disease Eradication Act is amended



(a)               by striking out "POTATO DISEASES ADVISORY BOARD" and substituting "MINISTER OF AGRICULTURE, FISHERIES AND AQUACULTURE";



(b)               by striking out "upon the Chairman of the Potato Diseases Advisory Board" and substituting "upon the Minister of Agriculture, Fisheries and Aquaculture";



(c)               by striking out "before the Potato Diseases Advisory Board" and substituting "before the Minister of Agriculture, Fisheries and Aquaculture";



(d)               by striking out "one copy for the Chairman, Potato Diseases Advisory Board one copy for the appellant" and substituting "one copy for the Minister of Agriculture, Fisheries and Aquaculture and one copy for the appellant".



Consequential amendments to the Plant Health Act

11(1)               Paragraph 24(1)(q) of the Plant Health Act, chapter P-9.01 of the Acts of New Brunswick, 1998, is repealed.



11(2)               Subsection 25(3) of the Act is repealed.




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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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