BILL NO. 105

1st Session, 57th General Assembly
Nova Scotia
47-48 Elizabeth II, 1998-99

Government Bill

Fisheries and Coastal Resources Act
(amended)

The Honourable Keith W. Colwell
Minister of Fisheries and Aquaculture

First Reading: May 26, 1999

(Explanatory Notes)

Second Reading: May 28, 1999

Third Reading: June 7, 1999

Clause 1 repeals the definition of "fisher".

Clauses 2 to 5 make changes necessary as a result of the authority in Clause 7 to make regulations respecting the possession of fish or fish products.

Clause 6 allows the Minister to terminate a licence where the holder of a licence fails to meet any requirement placed on the licence holder by regulation.

Clause 7 gives the Governor in Council the authority to make regulations

(a) requiring a person who is exempt pursuant to the regulations to provide information to the Minister; and

(b) respecting the licensing of persons in possession of fish or fish products and the inspection of premises where the fish or fish products are located.

Clause 8 requires a prosecution to be commenced within two years of the date of an offence.

Clause 9 increases the penalty for a first offence from a maximum of ten thousand dollars to a maximum of one hundred thousand dollars and increases the penalty for a second or subsequent offence from a minimum of ten thousand dollars and a maximum of twenty-five thousand dollars to a minimum of one hundred thousand dollars and a maximum of two hundred and fifty thousand dollars.

Clause 10 gives the Governor in Council the authority to make regulations respecting administrative penalties. This is similar to authority contained in the Environment Act.

Clause 11 provides that this Act comes into force on proclamation.

Be it enacted by the Governor and Assembly as follows:

1 Clause 3(d) of Chapter 25 of the Acts of 1996, the Fisheries and Coastal Resources Act, is repealed.

2 Section 72 of Chapter 25 is amended by adding ", possession" immediately after "packaging" in the second line.

3 Section 73 of Chapter 25 is amended by adding ", possess" immediately after "package" in the first line.

4 Subsection 74(1) of Chapter 25 is amended by adding ", possess" immediately after "package" in the third line.

5 Section 75 of Chapter 25 is amended by adding ", possess" immediately after "package" in the second line.

6 Subsection 76(3) of Chapter 25 is amended by adding immediately after clause (b) the following clause:

(ba) the holder of the licence fails to meet any requirement placed on the licence holder by the regulations;

7 Subsection 77(2) of Chapter 25 is amended by

(a) adding immediately after clause (c) the following clause:

(ca) prescribing information to be submitted to the Minister by a person processing, buying, selling, packaging, possessing or marketing fish, fishery products or fishery resources who is exempt pursuant to the regulations;

(b) adding ", possession" immediately after "packaging" in the third line of clause (e); and

(c) adding ", possession" immediately after "packaging" in the third line of clause (f).

8 Chapter 25 is further amended by adding immediately after Section 109 the following Section:

109A A prosecution for an offence under this Act may not be commenced more than two years after

(a) the date on which the offence was committed; or

(b) the date on which evidence of the offence first came to the attention of an inspector,

whichever is later.

9 (1) Subsection 116(1) of Chapter 25 is amended by striking out "ten" in the fourth line and substituting "one hundred".

(2) Subsection 116(3) of Chapter 25 is amended by

(a) striking out "ten" in the third line and substituting "one hundred"; and

(b) striking out "twenty-five" in the fourth line and substituting "two hundred and fifty".

10 Subsection 117(1) of Chapter 25 is amended by relettering clause (a) as clause (ab) and adding immediately before clause (a) the following clauses:

(a) prescribing penalties in respect of offences created pursuant to this Act;

(aa) respecting any matter necessary or advisable for the administration of a system of administrative penalties;

11 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.