BILL NO. 111

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012

Government Bill

Fur Industry Act
(amended)

The Honourable John MacDonell
Minister of Agriculture

First Reading: November 1, 2012

(Explanatory Notes)

Second Reading: November 8, 2012

Third Reading: November 27, 2012 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Clause 1 adds definitions of "Administrator", "prescribed animal" and "waste" to the Fur Industry Act and revises the definition of "fur farms" to specifically include buildings and structures.

Clause 2

(a) revises the wording of the authority to provide education programs and give financial assistance to use the term "sustainability"; and

(b) revises the wording in clause 4(h) of the Act respecting fees to be consistent with wording elsewhere in the Act.

Clause 3 adds authority to appoint an Administrator for the purpose of the Act.

Clause 4 amends the Act to provide that inspectors appointed for the purpose of the Act are to be civil servants.

Clause 5 repeals a Section respecting designated professionals that will be incorporated into Section 33 of the Act.

Clause 6

(a) deletes unnecessary words;

(b) adds a provision that site approval permits will only be required for fur farms on which there are prescribed animals; and

(c) changes the spelling of a word to be consistent with spelling elsewhere in the Act.

Clause 7

(a) substitutes the Administrator for the Minister with respect to certain duties;

(b) clarifies that site approval permits will only be required for fur farms on which there are prescribed animals; and

(c) adds a provision with respect to issuing operating licences for the time period set by regulation.

Clause 8

(a) substitutes the Administrator for the Minister with respect to certain duties;

(b) revises the wording in subsections 11(5) and (6) respecting site requirements to be consistent with wording elsewhere in the Act;

(c) clarifies that operators must apply for amended site approval permits in certain circumstances; and

(d) adds provisions authorizing the inclusion in site approval permits of terms and conditions that must be obeyed.

Clauses 9 and 10 substitute the Administrator for the Minister with respect to certain duties.

Clause 11

(a) revises the wording in Section 14 of the Act respecting licence suspensions and revocations to be consistent with wording elsewhere in the Act; and

(b) clarifies the address to be used for service of a notice on the holder of an operating licence.

Clauses 12 and 13 substitute requirements in the regulations for the Minister's requirements with respect to reports that must be submitted and records that must be kept.

Clause 14

(a) revises the wording respecting prescribed animals to be consistent with wording elsewhere in the Act;

(b) substitutes the Administrator for the Minister with respect to publishing inspection results, makes the publication subject to any requirements in the regulations and makes publishing the results mandatory once required by the regulations; and

(c) adds a provision prohibiting obstruction of an inspector acting under the Act.

Clause 15 corrects a typographical error and removes air samples from the list of samples an inspector may take on inspection.

Clause 16

(a) substitutes the Administrator for the Minister with respect to certain duties; and

(b) revises the wording in subsection 19(4) of the Act respecting seized property to be consistent with wording elsewhere in the Act.

Clause 17 makes each subsection of Section 20 of the Act a separate Section, as subsection 20(1) concerns a specific type of order while subsection 20(2) concerns all orders.

Clause 18 substitutes the Administrator for the Minister with respect to certain duties.

Clause 19

(a) substitutes the Administrator for the Minister with respect to certain duties; and

(b) corrects a typographical error.

Clause 20

(a) substitutes the Administrator for the Minister with respect to certain duties; and

(b) revises the wording in clause 21(3)(c) of the Act respecting seized property to be consistent with wording elsewhere in the Act.

Clause 21 clarifies what constitutes an offence under the Act and provides for prosecuting the director or officer of a corporation who authorizes the corporation to contravene the Act.

Clause 22 revises the wording in Section 24 of the Act respecting licence and permit suspensions and revocations to be consistent with wording elsewhere in the Act and removes an unnecessary reference to prescribing suspension and revocation periods by regulation.

Clause 23 revises the wording in subsection 25(1) respecting normal farm practices to be consistent with wording elsewhere in the Act.

Clause 24 substitutes the Administrator for the Minister with respect to certain duties.

Clause 25

(a) replaces subsection 28(1) of the Act to make it an offence for a person to import fur-bearing animals into or export fur-bearing animals from a quarantined area without a permit;

(b) substitutes the Administrator for the Minister with respect to certain duties; and

(c) clarifies how an order issued pursuant to the Act must be served.

Clause 26 substitutes the Administrator for the Minister with respect to certain duties.

Clause 27

(a) replaces subsection 33(1) of the Act to make it apply only to fur farms where there are prescribed animals and to remove unnecessary words; and

(b) incorporates wording from Section 7 of the Act, which is being repealed by this Act, by adding subsection 33(1A) to the Act.

Clause 28 revises who may do water and soil testing for the purpose of Section 34 of the Act and substitutes the Administrator for the Minister with respect to certain duties.

Clause 29 adds a provision to continue existing fur farm permits as operating licences.

Clause 30

(a) replaces Section 35 of the Act to clarify the obligations of existing fur farm operators;

(b) adds a Section to address when fur farms cease operation; and

(c) adds a Section to provide that no action lies against a person acting in good faith under the authority of the Act.

Clause 31 revises the Act's regulation-making authority to authorize regulations that

(a) incorporate documents by reference;

(b) concern publishing inspection reports; and

(c) relate to amendments made by this Act.

Clause 32 revises the wording in Section 39 of the Act respecting conflicting enactments to be consistent with wording elsewhere in the Act.

Clause 33 revises the provisions in the Agriculture and Marketing Act to be repealed by the Act.

1 Section 2 of Chapter 4 of the Acts of 2010, the Fur Industry Act, is amended by

(a) relettering clause (a) as clause (aa) and adding immediately before that clause the following clause:

(a) "Administrator" means the Administrator appointed by the Minister;

(b) adding ", and includes any building or structure used to house the animals or store waste" immediately after "purposes" in the second line of clause (e);

(c) striking out the period at the end of clause (h) and substituting a semi-colon; and

(d) adding immediately after clause (h) the following clauses:

(i) "prescribed animal" means a type of fur-bearing animal designated as a prescribed animal by the regulations;

(j) "waste" means feces, waste feed or carcasses from fur-bearing animals generated on a fur farm during normal farming activities.

2 Section 4 of Chapter 4 is amended by

(a) striking out "development and management" in the second line of clause (f) and substituting "sustainability";

(b) striking out "promotion and enhancement" in the second line of clause (g) and substituting "sustainability"; and

(c) striking out "lease" in the third line of clause (h) and substituting "permit".

3 Chapter 4 is further amended by adding immediately after Section 4 the following Section:

4A The Administrator necessary for the administration of this Act shall be appointed by the Minister in accordance with the Civil Service Act.

4 Subsection 5(2) of Chapter 4 is repealed and the following subsection substituted:

(2) A person appointed pursuant to subsection (1) shall be appointed in accordance with the Civil Service Act.

5 Section 7 of Chapter 4 is repealed.

6 (1) Subsection 9(1) of Chapter 4 is amended by

(a) striking out "or partnership" in the first line; and

(b) striking out clauses (a) and (b) and substituting "a valid operating licence".

(2) Section 9 of Chapter 4 is further amended by adding immediately after subsection (1) the following subsection:

(1A) Subject to Section 35, no person shall, unless exempted pursuant to the regulations, operate a fur farm on which there are prescribed animals without

(a) a valid operating licence; and

(b) a valid site approval permit.

(3) Subsection 9(2) of Chapter 4 is amended by striking out "license" in the first line and substituting "licence".

7 (1) Subsection 10(1) of Chapter 4 is amended by striking out "Minister" in the first line and substituting "Administrator".

(2) Subsection 10(2) of Chapter 4 is amended by striking out "stipulated by the Minister" in the second line and substituting "required by the regulations".

(3) Subsection 10(3) of Chapter 4 is amended by striking out "Minister" in the first and in the second lines and substituting in each case "Administrator".

(4) Subsection 10(4) of Chapter 4 is amended by striking out "Minister" in the first line and substituting "Administrator".

(5) Subsection 10(5) of Chapter 4 is amended by striking out "The Minister" in the first line and substituting "Where required pursuant to subsection 9(1A), the Administrator".

(6) Section 10 of Chapter 4 is further amended by adding immediately after subsection (5) the following subsection:

(5A) Subject to this Act and the regulations, the Administrator may issue an operating licence for the period of time prescribed by the regulations.

(7) Subsection 10(6) of Chapter 4 is amended by striking out "Minister" in the second line and substituting "Administrator".

(8) Subsection 10(7) of Chapter 4 is amended by striking out "Minister" in the second and third lines and substituting "Administrator".

8 (1) Subsection 11(1) of Chapter 4 is amended by striking out "Minister" in the first line and substituting "Administrator".

(2) Subsection 11(2) of Chapter 4 is amended by striking out "stipulated by the Minister" in the second line and substituting "required by the regulations".

(3) Subsection 11(3) of Chapter 4 is amended by striking out "Minister" in the first and in the second lines and substituting in each case "Administrator".

(4) Subsection 11(4) of Chapter 4 is amended by striking out "Minister" in the first line and substituting "Administrator".

(5) Subsection 11(5) of Chapter 4 is amended by

(a) striking out "Minister may issue" in the first line and substituting "Administrator may issue or amend"; and

(b) striking out "standards" in the second line and substituting "requirements".

(6) Subsection 11(6) of Chapter 4 is amended by

(a) striking out "An amended site approval permit is required" in the first line and substituting "The holder of a site approval permit shall apply for an amended site approval permit"; and

(b) striking out "standards" in the third line and substituting "requirements".

(7) Section 11 of Chapter 4 is further amended by adding immediately after subsection (6) the following subsections:

(7) A site approval permit is subject to any terms and conditions provided in this Act or the regulations or required by the Administrator.

(8) No person shall contravene the terms and conditions of a site approval permit.

(2) Subsection 12(2) of Chapter 4 is amended by striking out "Minister" in the third line and substituting "Administrator".

10 (1) Subsection 13(1) of Chapter 4 is amended by striking out "Minister" in the third line and substituting "Administrator".

(2) Subsection 13(2) of Chapter 4 is amended by striking out "Minister" in the first line and substituting "Administrator".

11 (1) Subsection 14(1) of Chapter 4 is amended by striking out "cancel" in the first line and substituting "revoke".

(2) Subsection 14(2) of Chapter 4 is amended by

(a) striking out "cancelled" in the second line and substituting "suspended or revoked"; and

(b) adding "terms and" immediately after "any" in the second line.

(3) Subsection 14(3) of Chapter 4 is amended by

(a) striking out "cancel" in the first line and substituting "revoke";

(b) striking out "of cancellation" in the second line; and

(c) striking out "licence or permit" in the last line and substituting "application for the licence or permit or to another address provided by the holder for that purpose".

(4) Subsection 14(4) of Chapter 4 is amended by

(a) striking out "cancellation" in the first line and substituting "revocation"; and

(b) striking out "void and of no effect" in the fourth line and substituting "suspended or revoked, as the case may be".

12 Section 15 of Chapter 4 is amended by striking out "Minister" in the first line and substituting "regulations".

13 (1) Subsection 16(1) of Chapter 4 is amended by striking out "Minister" in the second line and substituting "regulations".

(2) Subsection 16(2) of Chapter 4 is amended by striking out "Minister" in the second and third lines and substituting "regulations".

14 (1) Clause 17(1)(d) of Chapter 4 is amended by striking out "mink or mink waste" in the second line and substituting "prescribed animals or waste from prescribed animals".

(2) Subsection 17(4) of Chapter 4 is amended by striking out "The Minister may" in the first line and substituting "Subject to the regulations, the Administrator may and, where required by the regulations, shall".

(3) Section 17 of Chapter 4 is further amended by adding immediately after subsection (6) the following subsection:

(7) No person shall obstruct an inspector who is acting as authorized by this Act.

15 Subsection 18(2) of Chapter 4 is amended by

(a) striking out "(b" immediately after clause (a) and substituting "(b)";

(b) adding "and" at the end of clause (b);

(c) striking out "; and" at the end of clause (c) and substituting a period; and

(d) striking out clause (d).

16 (1) Subclause 19(2)(b)(i) of Chapter 4 is amended by striking out "Minister" in the first line and substituting "Administrator".

(2) Subsection 19(3) of Chapter 4 is amended by striking out "Minister" in the second and in the fourth lines and substituting in each case "Administrator".

(3) Subsection 19(4) of Chapter 4 is amended by

(a) striking out "Minister" in the first line and substituting "Administrator"; and

(b) striking out "items" in the first line and substituting "property".

(4) Subsection 19(5) of Chapter 4 is amended by striking out "Minister" in the first, in the second and in the fourth lines and substituting in each case "Administrator".

17 Chapter 4 is further amended by

(a) renumbering subsection 20(1) as Section 20; and

(b) renumbering subsection 20(2) as Section 20A.

18 Subsection 20(1) of Chapter 4, renumbered as Section 20 by this Act, is amended by striking out "Minister" in the first and in the third lines and substituting in each case "Administrator".

19 (1) Clause 20(2)(a) of Chapter 4, renumbered as clause 20A(a) by this Act, is amended by striking out "Minister" in the third line and substituting "Administrator".

(2) Clause 20(2)(c) of Chapter 4, renumbered as clause 20A(c) by this Act, is amended by

(a) striking out "includes" in the first line and substituting "include"; and

(b) striking out "Minister" in the first line and substituting "Administrator".

20 (1) Subsection 21(2) of Chapter 4 is amended by striking out "Minister" in the second and in the third lines and substituting in each case "Administrator".

(2) Subsection 21(3) of Chapter 4 is amended by

(a) striking out "Minister" in the first and second and in the second lines and substituting in each case "Administrator";

(b) striking out "materials" in the second line of clause (b) and substituting "property"; and

(c) striking out "Minister" in the second and third lines of clause (c) and substituting "Administrator".

(3) Subsection 21(4) of Chapter 4 is amended by striking out "Minister" in the first line and substituting "Administrator".

(4) Subsection 21(6) of Chapter 4 is amended by striking out "Minister" in the second line and substituting "Administrator".

(5) Subsection 21(7) of Chapter 4 is amended by striking out "Minster" in the first line and substituting "Administrator".

(6) Section 21 of Chapter 4 is further amended by adding immediately after subsection (8) the following subsections:

(9) Notice of an order must be served personally on the operator or by mailing by registered mail or transmitting by electronic communication a notice to the address of the operator as noted on the operator's application for a licence or permit pursuant to this Act or to another address provided by the operator for that purpose.

(10) A notice served in accordance with subsection (9) is served on the date of delivery by hand, five business days after the mailing of the notice or three days after the electronic transmission of the notice.

21 Subsection 22(1) of Chapter 4 is amended by striking out "commits an offence under this Act or the regulations" in the first and second lines and substituting "fails to comply with or otherwise contravenes this Act or the regulations, and a director or officer of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and upon summary conviction".

22 Section 24 of Chapter 4 is amended by

(a) striking out "cancelled or forfeited" in the second line and substituting "suspended or revoked";

(b) striking out "as is prescribed by the regulations or" in the fourth and fifth lines; and

(c) striking out "cancellation or forfeiture" in the fifth line and substituting "suspension or revocation".

23 Subsection 25(1) of Chapter 4 is amended by striking out "accepted agricultural" in the third and fourth lines and substituting "normal farm".

24 (1) Subsection 27(1) of Chapter 4 is amended by striking out "Minister" in the first line and substituting "Administrator".

(2) Subsection 27(2) of Chapter 4 is amended by striking out "Minister" in the first line and substituting "Administrator".

(3) Subsection 27(3) of Chapter 4 is amended by striking out "Minister" in the first line and substituting "Administrator".

25 (1) Subsection 28(1) of Chapter 4 is repealed and the following subsection substituted:

(1) No person shall import fur-bearing animals into or export fur-bearing animals from a quarantined site, area or region without a permit issued by the Administrator.

(2) Subsection 28(2) of Chapter 4 is amended by striking out "Minister" in the first line and substituting "Administrator".

26 (1) Subsection 29(1) of Chapter 4 is amended by striking out "Minister" in the last line and substituting "Administrator".

(2) Subsection 29(2) of Chapter 4 is amended by

(a) striking out "Minister" in the second line of clause (a) and substituting "Administrator"; and

(b) striking out "Minster" in the first line of clause (b) and substituting "Administrator".

27 Subsection 33(1) of Chapter 4 is repealed and the following subsections substituted:

(1) Unless exempted pursuant to the regulations, every operator of a fur farm on which there are prescribed animals shall develop and follow a management plan for the operation of the fur farm that includes provisions for minimizing water and soil contamination.

(1A) The Minister may designate an individual or a member of an organization or group of individuals with the qualifications required by the regulations as a designated professional for the purpose of subsection (2).

28 (1) Subsection 34(1) of Chapter 4 is amended by striking out ", soil and air by a designated professional" in the second and third lines and substituting "and soil by a person who is independent of the farm operation and has the training required by the regulations".

(2) Subsection 34(2) of Chapter 4 is amended by striking out "requested by the Minister" in the second line and substituting "required by the regulations".

29 Chapter 4 is further amended by adding immediately after Section 34 the following Section:

34A A permit issued pursuant to Section 190 of the Agriculture and Marketing Act that is subsisting and in force immediately before this Act comes into force is deemed to be a valid operating licence issued pursuant to Section 9 of this Act on the date this Act comes into force, is enforceable as such and continues in force until it would have expired under the Agriculture and Marketing Act but for this Act or until it has been varied, suspended or revoked in accordance with this Act or the regulations.

30 Section 35 of Chapter 4 is repealed and the following Sections substituted:

35 (1) Subject to subsection (2), every operator of a fur farm that exists at the time of the coming into force of this Act shall

(a) hold a valid operating licence; and

(b) within three years of the coming into force of this Act, unless exempted pursuant to the regulations, meet the other requirements of this Act and the regulations.

(2) Where, at any time within three years of the coming into force of this Act, the Administrator determines that a fur farm to which subsection (1) applies

(a) has an increase, as prescribed by the regulations, in its breeding females or breeding herd; and

(b) the animals are prescribed animals,

the operator shall meet the requirements of this Act and the regulations within six months of being notified of the determination in accordance with this Section.

(3) Notice of the Administrator's determination pursuant to subsection (2) must be served personally on the holder of the operating licence or site approval permit or by mailing by registered mail or transmitting by electronic communication a notice to the address of the holder as noted on the application for the licence or permit or to another address provided by the holder for that purpose.

(4) A notice served in accordance with subsection (3) is served on the date of delivery by hand, five business days after the mailing of the notice or three days after the electronic transmission of the notice.

35A (1) Where a fur farm ceases to be in operation, the owner of the property shall ensure that

(a) the property is cleaned of all waste; and

(b) all structures used for the fur farm are

(i) removed, or

(ii) maintained in adequate condition to ensure that environmental and safety hazards are minimized,

to the satisfaction of the Administrator.

(2) Where the Administrator believes, on reasonable and probable grounds, that a property owner is failing to comply with subsection (1), the Administrator may determine that the fur farm has ceased to be in operation and issue an order requiring the property owner, at the property owner's expense, to comply with subsection (1).

(3) Sections 20A and 21 apply mutatis mutandis to an order issued pursuant to subsection (2).

35B No action lies for any act or omission of a person that occurs while that person is carrying out duties or exercising powers pursuant to this Act in good faith.

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

(ea) incorporating and adopting by reference, in whole or in part, a written standard, rule, regulation, code or document as it reads on a prescribed day or as it is amended from time to time;

(ka) requiring the Administrator to publish the results of inspections pursuant to subsection 17(4);

(kb) prescribing the manner in which the results of inspections must be published;

(kc) prescribing information that must remain confidential notwithstanding the requirement to publish the results of inspections;

(c) striking out clause (n) and substituting the following clause:

(n) respecting the qualifications required by a designated professional;

(qa) designating a type of fur-bearing animal as a prescribed animal;

(e) adding immediately after clause (t) the following clauses:

(ta) providing for the exemption, including by the Administrator, of any person or any class of persons, fur farms, fur-bearing animals, activities, matters or things from the requirements of this Act or the regulations and prescribing the terms and conditions of the exemption;

(tb) respecting the training required by a person to monitor a fur farm for the purpose of Section 34;

(tc) prescribing the increase in an operator's breeding females or breeding herd or a method of determining such an increase for the purpose of subsection 35(2);

32 Section 39 of Chapter 4 is amended by striking out "prevails" in the third line and substituting "or the regulations prevail".

33 Section 40 of Chapter 4 is repealed and the following Section substituted:

40 Sections 190 and 191 and subsections 194(2) and (3) of Chapter 6 of the Revised Statutes, 1989, the Agriculture and Marketing Act, are repealed.