A BILL

	29


Fourth Session, 46th General Assembly 60 Elizabeth II, 2011
BILL 29
AN ACT TO AMEND THE FISH INSPECTION ACT
Received and Read the First Time...................................................................................................
Second Reading.................................................................................................................................
Committee............................................................................................................................................
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE CLYDE JACKMAN Minister of Fisheries and Aquaculture
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Fish Inspection Act to

· clarify the places subject to an inspection and a search;

· enable the removal of documents produced in an inspection for photocopying or other reproduction;

· clarify that inspectors have peace officer powers when enforcing the Act and the regulations and are entitled to the protections of a peace officer under the Criminal Code when performing their duties;

· require a person to provide his or her name and identification when requested to do so by an inspector for the purpose of enforcing the Act or the regulations;

· enable an inspector named in a warrant to be accompanied by another inspector, officer or person designated by the minister as the inspector considers necessary, when carrying out a search under a warrant;

· clarify that the proceeds of a sale of seized fish or marine plants that will become tainted, decomposed or unwholesome are to be paid into a special purpose account established in the Consolidated Revenue Fund and provide record-keeping responsibilities for that account;

· make it an offence to impersonate an inspector;

· make it an offence to provide misleading information to an inspector;

· make it an offence to process fish or marine plants for human consumption that are tainted, decomposed or unwholesome; and

· provide further clarity to definitions and make technical changes.

A BILL

AN ACT TO AMEND THE FISH INSPECTION ACT

Analysis

1. S.2 Amdt.
Definitions

2. S.3 Amdt.
Appointment

3. S.4 Amdt.
Regulations

4. S.6 Amdt.
Powers of inspectors

5. S.8.1 Added
Powers and protection of inspectors

6. S.8.2 Added
Identification requirement

7. S.9 Amdt.
Search and seizure with warrant

8. S.9.1 Amdt.
Disposition of things seized

9. S.12.1 Added
Personating an inspector

10. S.13 Amdt.
Prohibition against processing or marketing

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

RSNL1990 cF-12
as amended

1. (1) Paragraph 2(a) of the Fish Inspection Act is repealed and the following substituted:

(a) "agency agreement" means an agreement between a licensed processor and another person licensed under this Act which authorizes that person to buy fish or marine plants on behalf of the licensed processor;

(2) Paragraph 2(c) of the Act is repealed and the following substituted:

(c) "carton" includes a type of package, wrapper or confining band used in the holding, storing, packing or marketing of fish or marine plants;

(3) Paragraph 2(e.1) of the Act is repealed and the following substituted:

(e.1) "document" means a medium on which is recorded or marked anything that is capable of being read or understood by a person or a computer system or other device and includes a written record, book, account, voucher, manifest, report, financial statement, bank statement, shipping bill, bill of lading, label, drawing, plan, picture, or diagram;

(4) Paragraph 2(k) of the Act is repealed and the following substituted:

(k) "marketing" means the buying or selling of fish or marine plants, and includes the holding in possession of, offering, or advertising fish or marine plants for sale;

(5) Paragraph 2(p) of the Act is repealed and the following substituted:

(p) "processing" means cleaning, grading, filleting, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish or marine plants for market in another manner;

2. Paragraph 3(2)(c) of the Act is repealed and the following substituted:

(c) provide an inspector or other person engaged in the execution of this Act or the regulations with false or misleading information or refuse to provide him or her with information as required by this Act or the regulations;

3. Paragraph 4(1)(g) of the Act is repealed and the following substituted:

(g) exempting persons, vehicles or establishments or a class of persons, vehicles or establishments from the application of the provisions of this Act or the regulations; and

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

Powers of inspectors

6. (1) Where it is reasonably necessary for the purpose of ensuring compliance with this Act and the regulations, an inspector, officer or other person designated by the minister may, at a reasonable time and without a warrant

(a) enter an establishment, fish landing station or a vehicle used for the carriage or storage of fish or marine plants and may open a container or carton which he or she believes contains fish or marine plants;

(b) require to be produced for inspection or for the purpose of obtaining copies or extracts from books, shipping bills, bills of lading or other documents or papers relating to the quality, landing, buying, processing, transportation or marketing of fish or marine plants;

(c) remove books, shipping bills, bills of lading or other documents or papers or extracts of them referred to in paragraph (b) for the purpose of making copies or otherwise reproducing them; and

(d) take, without charge, the minimum sample of fish or marine plants required for inspection.

(2) Section 6 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) Where an inspector, officer or other person designated by the minister removes books, shipping bills, bills of lading or other documents or papers under the authority of paragraph (1)(c), he or she shall give to the person from whom those items were taken a receipt for them and shall immediately make copies or otherwise reproduce them and return the originals to the person who was given the receipt.

5. The Act is amended by adding immediately after section 8 the following:

Powers and protection of inspectors

8.1 An inspector, officer or other person designated by the minister has the powers of a peace officer to enforce this Act and the regulations and when performing his or her duties is entitled to the protection to which a peace officer is entitled under the Criminal Code.

6. The Act is amended by adding immediately after section 8.1 the following:

Identification requirement

8.2 (1) Where an inspector has reasonable and probable grounds to believe that a person is in contravention of this Act or the regulations, the inspector may require the person to provide him or her with identification information for the purpose of enforcing this Act or the regulations.

(2) A person who is required to provide identification under subsection (1) shall identify himself or herself by

(a) giving the inspector the person's correct name and address; and

(b) providing the inspector with the supporting documents sufficient for identification purposes.

7. (1) Subsection 9(1) of the Act is repealed and the following substituted:

Search and seizure with warrant

9. (1) For the purpose of this section, a reference to "place" includes an establishment, fish landing station, commercial or private premises, a container or a vehicle.

(2) Subsection 9(2) of the Act is repealed and the following substituted:

(2) A Provincial Court judge who is satisfied by information in writing and upon oath or affirmation that there are reasonable grounds to believe that there is on, at or in a place anything that will give evidence with respect to a contravention of this Act or the regulations, may issue a warrant authorizing an inspector named in the warrant, either alone or accompanied by one or more inspectors, officers or other persons designated by the minister as the inspector considers necessary, to enter the place and search for and seize anything that will provide evidence with respect to a contravention of this Act or the regulations, subject to the conditions that may be specified in the warrant.

(3) Paragraph 9(3)(b) of the Act is repealed and the following substituted:

(b) seize fish or marine plants, or containers or cartons of them, at, in or on the place;

8. (1) Subsection 9.1(2) of the Act is repealed and the following substituted:

(2) The proceeds of a sale referred to in subsection (1) shall be paid into a non-interest bearing special purpose account

(a) established in the Consolidated Revenue Fund by the Comptroller General of Finance; and

(b) administered by the deputy minister or his or her delegate.

(2) Subsection 9.1(5) of the Act is repealed and the following substituted:

(5) Where a person is convicted of an offence under this Act or the regulations or of a violation of a condition of a licence issued under this Act or the regulations, the judge by whom he or she is convicted may, in addition to a penalty imposed under this Act,

(a) order that the

(i) fish or marine plants, or containers or cartons of them, by means of or in relation to which the offence was committed, be forfeited to the Crown and disposed of as the minister directs,

(ii) costs incurred by the Crown of storage of the fish or marine plants, or containers or cartons of them, during the disposition of the case, be paid by the convicted person into the Consolidated Revenue Fund, and

(iii) proceeds in the special purpose account be forfeited to the Crown and paid immediately into the Consolidated Revenue Fund; or

(b) where a bond or other security has been posted under subsection (3), call upon the bond or other security and order the person posting it to pay immediately the amount of the bond or other security into the Consolidated Revenue Fund.

(3) Section 9.1 of the Act is amended by adding immediately after subsection (5) the following:

(6) The deputy minister or his or her delegate shall keep and maintain records of sales and proceeds paid into and out of a special purpose account under this section.

9. The Act is amended by adding immediately after section 12 the following:

Personating an inspector

12.1 A person who falsely represents himself or herself to be an inspector, officer or other person designated by the minister, or uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he or she is an inspector, officer or other person designated by the minister, is guilty of an offence and liable on summary conviction to a fine not exceeding $500 and in default of payment, to imprisonment for a period not exceeding 6 months.

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

Prohibition against processing or marketing

13. (1) A person shall not process or market fish or marine plants intended for human consumption if the fish or marine plants are tainted, decomposed or unwholesome.