6

 


 

First Session, 48th General Assembly

65 Elizabeth II, 2016

BILL 6

AN ACT TO AMEND THE PROFESSIONAL FISH HARVESTERS ACT

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

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

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

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

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

HONOURABLE STEVE CROCKER

Minister of Fisheries and Aquaculture

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

This Bill would amend the Professional Fish Harvesters Act to

·         allow members of the Professional Fish Harvesters Certification Board, the appeal board and the disciplinary board to be appointed for a term of less than 3 years;

·         allow members of the Professional Fish Harvesters Certification Board, the appeal board and the disciplinary board to continue to serve after the expiry of their terms until reappointed or replaced;

·         change the composition of the Professional Fish Harvesters Certification Board;

·         confirm that a vacancy in the Professional Fish Harvesters Certification Board does not invalidate the constitution of the board or impair the right of the remaining members to act provided there are least 11 remaining members;

·         delay the appointment of a disciplinary board until a complaint has been received;

·         clarify references to boards; and

·         repeal an obsolete provision.

A BILL

AN ACT TO AMEND THE PROFESSIONAL FISH HARVESTERS ACT

Analysis


        1.   S.5 Amdt.
Composition of board

        2.   S.6 Amdt.
Term of office

        3.   S.14 Amdt.
Appeal to appeal board

        4.   S.15 Amdt.
Appeal board

        5.   S.16 R&S
Date of appeal board

        6.   S.19 Rep.
Appeal panels

        7.   S.20 Amdt.
Disciplinary board

        8.   S.21 Amdt.
Disciplinary proceeding


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

SNL1996 c.P-26.1
as amended

        1. Paragraphs 5(2)(b) to (f) of the Professional Fish Harvesters Act are repealed and the following substituted:

             (b)  a representative from a registered fisheries co-operative;

             (c)  a representative from the Department of Fisheries and Aquaculture;

             (d)  a representative from the provincial government department responsible for post-secondary education;

             (e)  2 representatives from the federal government, at least one of whom shall be from the federal government department responsible for fisheries;

             (f)  a representative appointed to represent aboriginal fish harvesters in the province;

 

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

Term of office

        6. (1) Members of the board shall be appointed for a term of up to 3 years and are eligible for reappointment.

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

         (1.1)  Where the term of a member of the board expires, he or she continues to be a member until reappointed or replaced.

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

         (4.1)  A vacancy in the membership of the board does not invalidate the constitution of the board or impair the right of the remaining members to act so long as the membership of the board does not fall below 11 members.

 

        3. (1) Subsection 14(1) of the Act is repealed and the following substituted:

Appeal to appeal board

      14. (1) A person whose certification is refused by the board or who is dissatisfied with the certification that he or she is given may appeal to the appeal board appointed under section 15.

             (2)  Subsection 14(3) of the Act is repealed and the following substituted:

             (3)  The executive director shall forward the notice of appeal to the appeal board and shall inform the appellant of the date, time and place at which the appeal board will hear the appeal.

 

        4. (1) Subsections 15(3) and (4) of the Act are repealed and the following substituted:

             (3)  The third member of the appeal board shall not be a professional fish harvester and shall serve as the chairperson.

             (4)  The members of the appeal board shall be appointed for a term of up to 3 years and are eligible for reappointment.

             (2)  Section 15 of the Act is amended by adding immediately after subsection (4) the following:

             (5)  Where the term of a member of the appeal board expires, he or she continues to be a member until reappointed or replaced.

 

        5. Section 16 of the Act is repealed and the following substituted:

Date of appeal board

      16. The appeal board shall review all the relevant information associated with an appellant’s application to the board for certification and shall provide the appellant an opportunity to appear before the appeal board in person or through a representative.

 

        6. Section 19 of the Act  is repealed.

 

        7. Section 20 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  Notwithstanding subsection (1), the minister is not required to appoint a disciplinary board until

             (a)  the board receives a complaint that a professional fish harvester has failed to comply with the Code of Ethics adopted under section 11; and

             (b)  the board requests that the minister appoint a disciplinary board.

 

        8. 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 disciplinary 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.