This is an official version.
Copyright © 2000: Queens Printer,
Revised Statutes of Newfoundland 1990
AN ACT RESPECTING THE MARKETING OF SALT FISH
1. This Act may be cited as the Salt Fish Marketing Act.
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2. In this Act
(a) "container" includes a type of receptacle, package, wrapper or confining band used in packing or marketing fish;
(b) "corporation" means the Canadian Saltfish Corporation established by the federal Act;
(c) "cured fish" means fish that has received curing;
(d) "curing" means processing with salt or with salt and drying;
(e) "federal Act" means the Saltfish Act (Canada);
(f) "fish" means fish of the cod family (Gadidae);
(g) "fisher" means a person engaged in commercial fishing;
(h) "inspector" means a person
(i) appointed an inspector under subsection 5(1), or
(ii) declared an inspector by virtue of his or her office under subsection 5(2);
(i) "minister" means the Minister of Fisheries; and
(j) "producer" means a person engaged in the curing of fish for sale.
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Control of trading and marketing of cured fish
3. (1) The Lieutenant-Governor in Council may, by order, designate the corporation as a body to control the trading in and marketing of cured fish and the by-products of fish curing in the province.
(2) Where an order has been made under subsection (1), the Lieutenant-Governor in Council may recommend to the Governor in Council of Canada the names of persons for appointment as directors to serve on the board of directors of the corporation under section 3 of the federal Act.
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Duties and powers of corporation under s.4
4. (1) The corporation, upon being designated under section 3 as the body to control the trading in and marketing of cured fish and the by-products of fish curing in the province, shall have intraprovincially the same duties, powers, functions and rights that it has under the federal Act in respect of interprovincial and export trading and marketing.
(2) Where a designation referred to in subsection (1) is made, cured fish and the by-products of fish curing produced by a fisher or a producer that are of a standard of quality to be specified in an agreement under section 10 and that are offered by the fisher or the producer for sale to the corporation for disposal in intraprovincial trade shall be bought by the corporation from the fisher or the producer upon terms and conditions and for a price that may be agreed upon by the corporation and the fisher or the producer subject to an applicable scheme for payment established and operated by the corporation under section 23 of the federal Act.
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5. (1) The minister may appoint those inspectors that he or she considers necessary for the proper administration of this Act and the regulations.
(2) The minister may, by order, declare inspectors designated under Part II of the federal Act to be inspectors, by virtue of their office, under this Act.
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Powers of inspectors
6. (1) An inspector may at a reasonable time
(a) enter premises that he or she reasonably believes is being used to store, pack, process or prepare cured fish or the by-products of fish curing for market or shipment or a vehicle, trailer, vessel, railway car or aircraft that he or she reasonably believes is being used to ship or convey cured fish or the by-products of fish curing for market;
(b) open a container found on the premises or examine anything found there that he or she reasonably believes contains cured fish or the by-products of fish curing and take samples of them; and
(c) examine books, shipping bills, bills of lading, invoices or other documents or papers that on reasonable grounds he or she believes contain information relevant to the enforcement of this Act and make copies or extracts of or from them.
(2) An inspector shall be provided by the minister with a certificate of his or her designation or appointment as an inspector and on entering premises or a means of transportation referred to in subsection (1) shall, where required produce the certificate to the person in charge of the premises.
(3) The owner or person in charge of premises or a means of transportation referred to in subsection (1) and a person found there shall give an inspector reasonable help, in the person's power, to enable the inspector to carry out his or her duties and powers under this Act and shall provide the inspector with information with respect to the administration of this Act that he or she may reasonably require.
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Search and seizure
7. (1) An inspector may at reasonable times, so long as it is reasonably necessary to determine compliance with this Act,
(a) enter upon premises or a means of transportation referred to in section 6; and
(b) demand the production of and inspect the business books and examine cured fish or by-products of fish curing.
(2) Where the inspector believes on reasonable grounds that a person has contravened this Act or regulations the inspector may with a warrant issued under subsection (3) at a reasonable time enter upon the premises or means of transportation referred to in section 6 and investigate and examine the affairs of the person in respect of whom the investigation is being made and seize and retain the cured fish and by-products of fish curing by means of or in relation to which the inspector reasonably believes the contravention was committed.
(3) A Provincial Court judge or justice of the peace who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is on the premises or in a means of transportation referred to in section 6 anything that there are reasonable grounds to believe will give evidence with respect to an offence under this Act may issue a warrant authorizing an inspector named in the warrant to enter and search that premises or means of transportation and to make inquiries and copies of books, documents, correspondence and records and to take the cured fish and by-products of fish curing that are considered necessary, subject to conditions which may be specified in the warrant.
(4) The owner or person in charge of the premises or means of transportation and a person found there shall give an inspector reasonable help to enable the inspector to carry out his or her duties and functions under this section and shall provide information which the inspector may reasonably require.
(5) Where a person has been convicted of a violation of this Act, cured fish or the by-products of fish curing by means of or in relation to which the offence was committed are, upon the conviction, in addition to a penalty imposed, forfeited to the Crown where that forfeiture is directed by the court.
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Obstruction of inspectors
8. (1) A person shall not obstruct an inspector in carrying out his or her duties or exercising his or her powers under this Act or the regulations.
(2) A person shall not make a false or misleading statement either orally or in writing to an inspector engaged in carrying out his or her duties or exercising his or her powers under this Act or the regulations.
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Prohibition on trade in salt fish
(a) as provided in the regulations; or
(b) under the terms and conditions set out in a licence issued by the corporation,
a person, other than the corporation or an agent of the corporation, shall not sell or buy, or agree to sell or buy, or otherwise
(c) trade in or agree to trade in; or
(d) market or agree to market
cured fish or the by-products of fish curing to which this Act applies.
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10. Subject to the approval of the Lieutenant-Governor in Council, the minister may, on behalf of the province, enter into agreement with the Government of Canada or an agency of the Government of Canada providing for a matter referred to in section 24 of the federal Act that the Lieutenant-Governor in Council considers necessary or desirable to provide for.
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Implementation of agreements
11. The minister may implement an agreement made under this Act.
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Power to amend
12. Power to enter into an agreement shall include power to amend that agreement, but the approval of the Lieutenant-Governor in Council is required for an amending agreement.
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Boards, committees and councils
13. The Lieutenant-Governor in Council may establish those boards, committees and councils that he or she considers necessary or desirable to help and advise the minister in carrying out this Act and may appoint the members of those boards, committees and councils.
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14. Payments required to be made by the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the Minister of Finance out of the Consolidated Revenue Fund.
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Acquisition of property
15. (1) Where, in the opinion of the minister it is necessary for a purpose of this Act or the federal Act, to acquire by purchase, lease or otherwise, real or personal property, the minister, in the name of the Crown, may acquire that property.
(2) The minister may, where his or her title to that property permits,
(a) sell; or
(b) lease, rent, hire or otherwise dispose of for a period and subject to those terms and conditions that he or she may stipulate,
real or personal property acquired by him or her under this Act.
(3) Money received by the minister in exercise of the powers conferred on him or her by subsection (2) shall be paid into the Consolidated Revenue Fund.
(4) Where the Crown acquires or conveys real or other property through the minister, the Minister or the Deputy Minister of Fisheries may execute deeds and documents on behalf of the Crown with his or her own signature and title and with the seal of the Department of Fisheries.
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16. (1) The Lieutenant-Governor in Council may make regulations
(a) requiring licences to send, convey or carry cured fish or by-products of fish curing in the province;
(b) governing the issue and form of licences referred to in paragraph (a) and prescribing the terms and conditions of the licences;
(c) exempting from the application of this Act, either conditionally or unconditionally and either in general terms or for a specified period, a part of the province, a transaction, a person or a class of cured fish or a by-product of fish curing;
(d) respecting the detention of cured fish and the by-products of fish curing seized under this Act and for preserving or safeguarding the cured fish and the by-products detained;
(e) respecting the disposition of cured fish and by-products of fish curing forfeited under this Act;
(f) necessary or desirable for the carrying out of a duty, power, function or right under this Act; and
(g) generally, to give effect to the purpose of this Act.
(2) Regulations made under this section may be limited as to time or place or both.
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17. A person who or whose employee or agent contravenes this Act or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.
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Offence by agent or employee
18. In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his or her knowledge or consent and that he or she exercised due diligence to prevent its commission.
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19. Proceedings by way of summary conviction in respect of an offence against this Act or the regulations may be instituted within 1 year after the time when the subject matter of the proceedings arose.
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Evidence re geographical origin
20. In a prosecution of an offence under this Act, evidence that a container was marked in a manner as to indicate or give rise to a reasonable belief that the cured fish or the by-products of fish curing contained in the container were the product of a particular area or region of the province is, in the absence of evidence to the contrary, proof that the cured fish or the by-products of fish curing contained in the container were produced in that particular area or region of the province.
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21. Where there is a conflict between
(a) this Act and another Act, this Act shall prevail; and
(b) a regulation made under this Act and a regulation made under another Act, the regulation made under this Act shall prevail.
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