NEWFOUNDLAND AND LABRADOR
REGULATION 46/03

Fish Inspection Regulations (Amendment)
under the
Fish Inspection Act
(O.C. 2003-181)

(Filed April 22, 2003)

Under the authority of section 4 of the Fish Inspection Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's, April 16, 2003.

Deborah E. Fry
Clerk of the Executive Council

REGULATIONS

Analysis

        1.   S.2 Amdt.
Definitions

        2.   Ss.34.1 & 34.2 Added
34.1                       Licence suspension
34.2                       Minister to give notice

        3.   Commencement

CNLR 1141/96
as amended

        1. Section 2 of the Fish Inspection Regulations is amended by adding immediately after paragraph (g) the following:

        (g.01)  "grading" means the process of measuring fish based on the characteristics of

                      (i)  texture,

                     (ii)  life condition,

                    (iii)  size,

                    (iv)  color,

                     (v)  odour,

                    (vi)  leg loss, and

                   (vii)  the absence or presence of other defects

to identify the means by which fish will be marketed;

        2. The regulations are amended by adding immediately after section 34 the following :

Licence suspension

   34.1 (1) Where the holder of a fish processing licence or a fish buyers licence is determined by the minister to be in breach of a condition of his or her licence with respect to grading, the minister may suspend that licence

             (a)  for a first breach, for a minimum period of 24 hours;

             (b)  for a second breach, for a minimum period of 7 days; and

             (c)  for a third or subsequent breach, for a minimum period of 30 days.

             (2)  The minister may require

             (a)  that, in addition to any conditions imposed by the minister under section 32 or 34, the licence holder take those steps or comply with those conditions that the minister may impose; and

             (b)  that the licence holder provide proof of compliance with the conditions referred to in paragraph (a), including written proof where required.

             (3)  Proof of compliance referred to in subsection (2) includes, but is not limited to

             (a)  a certified copy of a contract of grading; and

             (b)  verification by an inspector that the licence holder is complying with any imposed conditions.

             (4)  A suspension imposed under subsection (1) shall remain in place until the licence holder, to the satisfaction of the minister

             (a)  complies with any conditions of licence and other conditions that may be imposed under this section; and

             (b)  submits the proof of that compliance that the minister may require.

             (5)  Where the minister is satisfied that the licence holder has complied with the conditions of his or her licence and those conditions that may be imposed under this section, the minister may revoke the suspension of that licence.

             (6)  Nothing in this section affects the ability of the minister to cancel a licence under section 37.

Minister to give notice

   34.2 The minister shall provide the holder of the fish processing licence or the fish buyers licence whose licence is suspended with a notice including

             (a)  the time from which the licence suspension takes effect;

             (b)  the period during which his or her licence may be suspended; and

             (c)  the conditions with which he or she shall comply in order to have the suspension revoked.

Commencement

        3. These regulations shall come into force on May 1, 2003.

©Earl G. Tucker, Queen's Printer