72

 

Second Session, 45th General Assembly

54 Elizabeth II, 2005

BILL 72

AN ACT TO AMEND THE FISH INSPECTION ACT

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE THOMAS G. RIDEOUT

Minister of Fisheries and Aquaculture

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

Clause 1 of the Bill would amend section 4 of the Fish Inspection Act to enable the Lieutenant-Governor in Council to make regulations in relation to the establishment of fines associated with ticketable offences.

Clause 2 of the Bill would amend section 7 of the Act to clarify that a decision of an inspector to commence proceedings by way of a ticket could not be appealed to the minister.

Clause 3 of the Bill would amend section 14 of the Act to include a reference to penalties imposed under the regulations.

Clause 4 of the Bill would amend section 16 of the Act to achieve consistency with paragraph 4(1)(e) of the Act by ensuring that administrative penalties may be imposed for violation of the regulations as well as of the Act.

A BILL

AN ACT TO AMEND THE FISH INSPECTION ACT

Analysis


        1.   S.4 Amdt.
Regulations

        2.   S.7 Amdt.
Appeal

        3.   S.14 Amdt.
General penalty

        4.   S.16 Amdt.
Administrative penalty


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-12
as amended

        1. Subsection 4(1) of the Fish Inspection Act is amended by adding immediately after paragraph (e) the following:

          (e.1)  respecting the contravention of sections of this Act and the regulations for which proceedings may be commenced in the form of a ticket issued under the Provincial Offences Act and regulations and the fines associated with those contraventions;

 

        2. Section 7 of the Act is amended by renumbering it as subsection 7(1) and by adding immediately after that subsection the following:

             (2)  Notwithstanding subsection (1), a decision of an inspector to commence proceedings in the form of a ticket issued in accordance with the Provincial Offences Act and regulations may not be appealed to the minister under subsection (1).

 

        3. Section 14 of the Act is amended by adding immediately after the words "elsewhere in this Act" the words "or the regulations".

 

        4. (1) Subsection 16(1) of the Act is amended by adding immediately after the word "Act" the words "or the regulations".

             (2)  Subsection 16(4) of the Act is amended by adding immediately after the word "Act" the words "or the regulations".