25

.

First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 25

AN ACT TO AMEND THE PROFESSIONAL
FISH HARVESTERS ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE TREVOR TAYLOR

Minister of Fisheries and Aquaculture

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Professional Fish Harvesters Act to more accurately reflect the different responsibilities of the professional fish harvesters certification board and the disciplinary board.

Clause 2 of the Bill would amend the Act to clarify that one of the criteria the professional fish harvester's certification board may use in determining eligibility for certification is the degree of dependency of a person on fish harvesting for his or her livelihood.

Clause 3 of the Bill would amend subsection 13(1) of the Act in light of a recent judicial decision which considered its relation with section 12 confusing.

Clause 4 of the Bill would correct a typographical error.

Clause 5 of the Bill would provide that a decision of the appeal board is binding on both the certification board and the appellant. At present a decision of the appeal board is only binding on the certification board.

Clause 6 of the Bill would provide that the disciplinary board may cancel the certification of a professional fish harvester either for a fixed period or permanently. Presently it may only cancel the certification permanently.

The clause would also provide that a copy of a decision of the disciplinary board shall be given to the certification board as well as to the fish harvester who was the subject of the proceeding.

In addition, the clause would authorize the disciplinary board, with the approval of the minister, to make rules governing its procedures in the conduct of investigations and hearings.

The clause would also make a number of corrections and clarify that references to "board" in the section are to the disciplinary board.

Clause 7 of the Bill would correct an error in cross-referencing.

 

A BILL

AN ACT TO AMEND THE PROFESSIONAL FISH HARVESTERS ACT

Analysis

1. S.4 Amdt.
Objectives of board

2. S.12 Amdt.
Certification criteria

3. S.13 Amdt.
Eligibility for certification

4. S.16 Amdt.
Date of appeal board

5. S.18 R&S
Decision final

6. S.21 Amdt.
Disciplinary proceeding

7. S.22 Amdt.
Appeal to court

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


SNL1996 cP-26.1 as amended

1. Section 4 of the Professional Fish Harvesters Act is amended by

(a) adding the word "and" at the end of paragraph (f);

(b) striking out the semicolon at the end of paragraph (g) and substituting a period; and

(c) repealing paragraphs (h) and (i).

 

2. Section 12 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) The board may, in the criteria it may establish under subsection (1) respecting the certification of professional fish harvesters, include criteria relating to the degree of dependency of a person on fish harvesting for his or her livelihood.

 

3. Subsection 13(1) of the Act is repealed and the following substituted:

Eligibility for certification

13. (1) A person who meets the certification criteria established by the board under section 12 is eligible for certification.

 

4. Section 16 of the Act is amended by striking out the words "to appeal" and substituting the words "to appear".

 

5. Section 18 of the Act is repealed and the following substituted:

Decision final

18. The decision of the appeal board is final and binding on the board and the appellant.

 

6. (1) Subsection 21(1) of the Act is repealed and the following substituted:

Disciplinary proceeding

21. (1) Where, upon investigation, the disciplinary board is of the opinion or has reasonable grounds to believe that a professional fish harvester has failed to comply with the Code of Ethics adopted under section 11, the disciplinary board shall hear and determine the matter.

(2) Subsection 21(2) of the Act is amended by striking out the word "board" and substituting the words "disciplinary board".

(3) Subsection 21(4) of the Act is amended by striking out the word "board" and substituting the words "disciplinary board".

(4) Subsection 21(5) of the Act is repealed and the following substituted:

(5) The disciplinary board may, where it determines that the disciplinary proceeding against the professional fish harvester is substantiated, take disciplinary measures that the board considers appropriate including

(a) suspending the certification of the professional fish harvester for the period the disciplinary board considers appropriate;

(b) cancelling the certification of the professional fish harvester either permanently or for the period the disciplinary board considers appropriate;

(c) imposing upon the professional fish harvester a monetary penalty not to exceed $10,000; and

(d) imposing those other conditions or limitations that the disciplinary board considers appropriate.

(5) Subsection 21(7) of the Act is repealed and the following substituted:

(7) Notice of the decision of the disciplinary board shall be sent by registered mail to the professional fish harvester who has been the subject of the proceeding and to the board.

(6) Subsection 21(8) of the Act is repealed and the following substituted:

(8) Where a professional fish harvester's certification is suspended or cancelled, he or she shall return it to the executive director of the board within 10 days of receiving the notice of suspension or cancellation unless he or she appeals to the Trial Division from the decision of the disciplinary board under section 22.

(9) Subject to the approval of the minister, the disciplinary board may make rules governing its procedure including rules

(a) providing for the holding and procedure of its meetings;

(b) providing for the procedure at hearings; and

(c) authorizing a person to act on its behalf in the investigation of a complaint and respecting the conduct of an investigation by that person.

 

7. Subsection 22(1) of the Act is amended by striking out the number "20" and substituting the number "21".

 

 

 

 

©Earl G. Tucker, Queen's Printer