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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Aquaculture Act
 
Legislature :
55
Session :
2
Bill No. :
59
Member :
Hon. Alward
First Reading :
2005-6-2
Second Reading :
2005-6-22
Committee of the Whole :
2005-6-28
Amended :
2005-6-28
Third Reading :
2005-6-29
Royal Assent :
2005-6-30
Download PDF :
  Bill 59         
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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                           Subsection 1(1) of the Aquaculture Act, chapter A-9.2 of the Acts of New Brunswick, 1988, is amended by adding the following definition in alphabetical order:



"fallow period" means a period of time during which aquacultural produce shall not be present and aquaculture shall not be carried on at an aquaculture site;



2                           The Act is amended by adding after section 3 the following:



3.1(1)             The Minister may designate an area in a body of water as an aquaculture bay management area.



3.1(2)             The Minister may designate the following for an aquaculture bay management area:



(a)               the year class of the aquacultural produce that may be cultivated in the area; and



(b)               the length of a fallow period for the area.



3.1(3)             Subject to subsection (6), if the Minister makes a designation under subsection (2), upon issuing, renewing or amending an aquaculture licence respecting an aquaculture site located in an aquaculture bay management area, the Registrar shall, in addition to any terms and conditions established by or in accordance with the regulations, impose terms and conditions on the aquaculture licence requiring the licensee to comply with a designation under subsection (2).





3.1(4)             Subject to subsection (6), if the Minister makes a designation under subsection (2), the Registrar shall amend the aquaculture licence respecting an aquaculture site located in an aquaculture bay management area.





3.1(5)             In an amendment under subsection (4), the Registrar shall, in addition to any terms or conditions established by or in accordance with the regulations, impose terms and conditions on an aquaculture licence requiring the licensee to comply with a designation under subsection (2).





3.1(6)             The Minister may exempt a licensee from complying with a designation made under paragraph (2)(a).





3.1(7)             The Minister may amend, cancel or reinstate at any time a designation made under this section.





3.1(8)             The Regulations Act does not apply to a designation made under this section.



3                           Subsection 11(1) of the Act is amended



(a)               by adding after paragraph (b) the following:



(b.1)          the year class of the aquacultural produce that may be cultivated;



(b.2)          the length of a fallow period for an aquaculture site;



(b)               in paragraph (e) by striking out "disease, parasites, toxins or contaminants" and substituting "disease, disease agents, parasites, toxins or contaminants".





4                           The Act is amended by adding after section 11 the following:



11.1                  The Minister may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make an aquaculture licence subject to terms and conditions in relation to



(a)               the year class of the aquacultural produce that may be cultivated, and



(b)               the length of a fallow period for the aquaculture site.



5                           Section 12 of the Act is repealed and the following is substituted:



12                        An aquaculture licence is subject to the following terms and conditions:



(a)               those established by or in accordance with the regulations, whenever established;



(b)               those imposed by the Registrar under section 3.1;





(c)                those imposed by the Registrar under section 11; and



(d)               those imposed by the Minister under section 11.1, whenever imposed.



6                           Section 19 of the Act is repealed and the following is substituted:



19(1)               A licensee shall immediately report to the Minister or to an inspector the presence of disease, disease agents, parasites, toxins or contaminants at the licensee's aquaculture site.



19(2)               A person having knowledge of the presence of disease, disease agents, parasites, toxins or contaminants at an aquaculture site shall immediately report such presence to the Minister or to an inspector.



7                           The Act is amended by adding after section 19 the following:



19.1(1)          If satisfied on reasonable grounds that disease, disease agents, parasites, toxins or contaminants are present at a licensee's aquaculture site, the Minister may direct the licensee to take such measures as the Minister considers necessary to prevent the spread of the disease, disease agents, parasites, toxins or contaminants.







19.1(2)          Under subsection (1), the Minister may direct a licensee to quarantine, destroy or otherwise dispose of aquacultural produce in accordance with the direction of the Minister.



19.1(3)          A licensee shall immediately comply with directions of the Minister under this section.





19.2(1)          The Minister may designate an area in a body of water as a controlled aquaculture area for the purpose of section 19.3.



19.2(2)          The Minister may amend, cancel or reinstate at any time a designation made under subsection (1).





19.2(3)          The Regulations Act does not apply to a designation made under subsection (1).



19.3(1)          If the Minister has reason to believe that disease, disease agents, parasites, toxins or contaminants are present at an aquaculture site, the Minister may designate the aquaculture site and the area surrounding the aquaculture site as a controlled aquaculture area under subsection 19.2(1).



19.3(2)          The Minister may direct a licensee whose aquaculture site is located in a controlled aquaculture area to take such measures as the Minister considers necessary to prevent the spread of the disease, disease agents, parasites, toxins or contaminants.



19.3(3)          Under subsection (2), the Minister may direct a licensee whose aquaculture site is located in a controlled aquaculture area to quarantine, destroy or otherwise dispose of aquacultural produce in accordance with the direction of the Minister.



19.3(4)          A licensee whose aquaculture site is located in a controlled aquaculture area shall immediately comply with directions of the Minister under this section.





8                           Section 23 of the Act is amended



(a)               in subsection (1) by striking out "disease, parasites, toxins or contaminants" and substituting "disease, disease agents, parasites, toxins or contaminants";



(b)               in subsection (2) of the French version by striking out "un corps d'eau" and substituting "une étendue d'eau";



(c)               in subsection (3) of the French version by striking out "un corps d'eau" and substituting "une étendue d'eau".



9                           Schedule A of the Act is repealed and following is substituted:



SCHEDULE A

Column I
   
Column II

Section
   
Category of Offence

4E

14(3)E

14(4)B

16(2)E

16(4)E

17(1)C

17(2)C

18E

19(1)F

19(2)F

19.1(3)F

19.3(4)F

20E

22(5)E

22(7)E

23(1)F

23(2)F

23(3)F

23(4)F

29(2)F

30(1)B

30(2)C






10                        This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



New definition.



Section 2



New provision.



Section 3



(a)               New provision.



(b)               The existing provision is as follows:



11(1)               Upon issuing, renewing or amending an aquaculture licence, the Registrar may, in addition to any terms and conditions established by or in accordance with the regulations, make the licence subject to terms and conditions in relation to…



(e)                measures to be taken to minimize the risk of disease, parasites, toxins or contaminants spreading to other aquaculture sites,





Section 4



New provision.



Section 5



The existing provision is as follows:



12                        An aquaculture licence is subject to the terms and conditions established by or in accordance with the regulations, whether before or after the issuance, renewal or amendment of the licence, and to the terms and conditions imposed by the Registrar under section 11.





Section 6



The existing provision is as follows:



19(1)               A licensee shall immediately report to the Minister or to an inspector the presence of disease, parasites, toxins or contaminants at the licensee's aquaculture site.



19(2)               If satisfied on reasonable grounds that disease, parasites, toxins or contaminants are present, the Minister may direct a licensee to take such measures as the Minister considers necessary to prevent the spread of the disease, parasites, toxins or contaminants.





19(3)               The Minister under subsection (2) may direct a licensee to quarantine or to destroy or otherwise dispose of aquacultural produce, in accordance with the direction of the Minister.



19(4)               A licensee shall immediately comply with directions of the Minister under this section.



Section 7



New provisions.



Section 8



(a)               The existing provision is as follows:



23(1)               No person shall sell, destroy or otherwise dispose of aquacultural produce, including parts or portions of aquacultural produce, in which disease, parasites, toxins or contaminants are present except in accordance with the direction of the Minister.



(b)               A correction is made in the French version.



(c)                A correction is made in the French version.



Section 9



The amendment is consequential on the amendments made in sections 6 and 7 of this amending Act.



Section 10



Commencement.
Amendment :Section 6

Strike out section 6 and substitute the following:

6 Section 19 of the Act is repealed and the following is substituted:

19 A licensee shall immediately report to the Minister or to an inspector the presence of disease, disease agents, parasites, toxins or contaminants at the licensee's aquaculture site.


Section 10

Strike out section 10.
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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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