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Newfoundland and Labrador
Regulation 2015


NEWFOUNDLAND AND LABRADOR REGULATION 93/15

NEWFOUNDLAND AND LABRADOR
REGULATION 93/15

Fish Inspection Administrative Regulations (Amendment)
under the
Fish Inspection Act
(O.C. 2015-227)

(Filed October 30, 2015)

Under the authority of subsection 4(1) of the Fish Inspection Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s,  October 29, 2015.

Julia Mullaley
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.17 Amdt.
Administrative penalty

        2.   S.18 Amdt.
Notice of administrative penalty

        3.   Sch. Added


NLR 74/07
as amended

        1. (1) Subsection 17(3) of the Fish Inspection Administrative Regulations is repealed and the following substituted:

             (3)  Where the holder of a fish processing licence that contains an authorization in respect of snow crab fails to comply with the minimum processing requirements respecting snow crab set out in the Schedule to the Fish Inspection Operations Regulations, the minister may order that person to pay to the government of the province a penalty in accordance with the Schedule to these regulations.

             (2)  Section 17 of the regulations is amended by adding immediately after subsection (3) the following:

         (3.1)  Where the holder of a fish processing licence that contains an authorization in respect of sea urchin fails to comply with the minimum processing requirements respecting sea urchin set out in the Schedule to the Fish Inspection Operations Regulations, the minister may order that person to pay to the government of the province a penalty in accordance with the Schedule to these regulations.

             (3)  Section 17 of the regulations is amended by adding immediately after subsection (4) the following:

             (5)  For the purpose of calculating a penalty under subsection (3.1), the percentage under minimum processing requirements shall be determined by the Department of Fisheries and Aquaculture on the basis of audited records of that department or the records of production submitted by a processor to that department under the requirements of section 15 of the Fish Inspection Operations Regulations converted to round weight equivalents using yield factors which the minister may determine.

 

        2. Subsection 18(1) of the regulations is repealed and the following substituted:

Notice of administrative penalty

      18. (1) Where the minister orders a person to pay a penalty under subsections 17(1), (2), (3) or (3.1), he or she shall give notice to the person in accordance with this section and the penalty shall be payable within 60 days from the date of the service of the notice.

 

        3. The regulations are amended by adding immediately after section 21 the following:

Schedule

Penalties

Sea Urchin

Percentage under minimum processing requirements (UMPR)

Surcharge per pound

0.1 - 5.0

UMPR x $0.02

5.1 - 10.0

$0.15 + [(UMPR - 6) x $0.05]

10.1 - 15.0

$0.50 + [(UMPR - 11) x $0.15]

15.1 or greater

$1.25

 

Snow Crab

Percentage of value added production (VAP)

Surcharge per tonne

0

$110

0.1 - 9.9

$100 - [(VAP / 0.10) x $100]