First

Session, 47th General Assembly

Elizabeth II, 2012

BILL 22

AN ACT TO AMEND THE

AQUACULTURE ACT

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

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

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

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

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

HONOURABLE

DARIN KING

Minister of Fisheries and Aquaculture

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Aquaculture Act by

enabling the minister to

require financial or other security to cover the operations of a licensee or

proposed licensee;

requiring a licensee to restore

an aquaculture site to the satisfaction of the minister;

enabling the minister or an

aquaculture inspector to remove aquaculture gear and aquatic plants or animals

from an aquaculture site where a licensee fails to do so;

enabling the minister to

recover the costs of removal by drawing down on the financial or other

security, by selling the aquaculture gear or aquatic plants or animals or by

filing a certificate in the Supreme Court of the debt owed to the Crown;

expanding the places that may

be inspected;

enabling the inspection and

detention of vehicles;

enabling the minister to give

aquaculture inspectors the powers of peace officers;

enabling the minister to issue

directives to suspended licensees that would enable the destruction or removal

of aquatic plants or animals from an aquaculture site in situations determined

by the minister, such as when necessitated for health reasons;

transferring some regulation making

powers to the minister;

enabling an aquaculture inspector

who has reasonable grounds to believe that an offence has been committed to

require, as a condition of a warrant, that a person detain aquatic plants or

animals or aquaculture gear in the place where they are seized;

enabling the minister to issue directives

respecting aquatic plants or animals that have been seized;

enabling the proceeds of a sale

of seized aquatic plants or animals to be paid into a non-interest bearing

special purpose account to be established in the Consolidated Revenue Fund;

extending the time period for

detention of aquaculture gear from 2 months to 180 days;

enabling ticketing and

administrative penalties, and providing associated regulation making powers; and

providing a limitation period

for prosecutions of offences within 3 years of the date upon which the deputy

minister of the department becomes aware of the alleged offence.

A BILL

AN ACT TO AMEND THE AQUACULTURE ACT

Analysis

S.2 Amdt.

Definitions

S.4 Amdt.

Aquaculture licence

Ss.4.2 & 4.3 Added

4.2 Security

4.3 Removal and restoration

S.6 R&S

Inspection

S.6.2 Added

Designation as peace officers

S.7 R&S

Report of pathogenic agents

S.11 R&S

Regulations

S.11.2 Amdt.

Regulations

S.11.3 Added

Regulations

S.13.1 R&S

Seizure

Ss.13.2, 13.3 and 13.4 Added

13.2 Detention and

disposition of things seized

13.3 Special purpose

account

13.4 Disposition

upon conclusion of proceedings

S.15 R&S

Penalty

Ss.16, 17 and 18 Added

16. Administrative penalty

17. Collection of debt

18. Limitation period

Transitional

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cA-13 as

amended

(1) Paragraph 2(

a) of the Aquaculture Act is repealed and the following

substituted:

(a) "aquaculture" means

(

i) the farming of fish, molluscs, crustaceans,

aquatic plants and other aquatic organisms with an intervention in the rearing

process to enhance production by activities such as regular stocking, feeding, and

protection from predation, and includes fallowing and processes to mitigate

environmental degradation and the placement of necessary gear and equipment,

and

(ii) the stocking of fish by private facilities for

the purpose of fishing by customers;

(2) Paragraph 2(b.1) of the Act is repealed and

the following substituted:

(b.1) "aquaculture gear" means equipment

used in the conduct of aquaculture including rope, socking material, collection

material, nets, sea pens, tanks, incubation equipment, raceways, transport

tanks, containers and buoys;

(3) Paragraph 2(

d) of the Act is repealed and the

following substituted:

(d) "aquatic plants or animals" means plants

or animals, including eggs and gametes, that at all stages of their development

or life cycles have water as their natural habitat;

(4) Section 2 of the Act is amended by adding

immediately after paragraph (

e) the following:

(e.1) "egg" means a viable fertilized ovum

of an aquatic animal;

(e.2) "gametes" means the sperm or unfertilized

ova of an aquatic animal;

(5) Section 2 of the Act is amended by adding

immediately after paragraph (

g) the following:

(g.1) "low water mark" means the ordinary

low water mark of water reached during cyclical tides;

(6) Section 2 of the Act is amended by adding immediately

after paragraph (

h) the following:

(h.1) "mooring system" means the method by

which aquaculture gear at an aquaculture facility is attached so that it

remains at its intended location and includes those cables, chains, ropes,

anchors, weights or other equipment that may be necessary to that attachment;

(h.2) "pathogenic agent" means an organism

that causes or contributes to, or has the potential to cause or contribute to,

the development of a disease;

(h.3) "peace officer" means

(

i) a member of the Royal Newfoundland

Constabulary,

(ii) a member of the Royal Canadian Mounted Police

stationed in the province, and

(iii) an aquaculture inspector, or a member of a

class of aquaculture inspectors, who is designated as a peace officer by the

minister under

section 6.2;

(h.4) "place" includes land, buildings and

enclosures on land, a feed storage facility, a net cleaning facility, a wharf

and a vehicle;

(7) Section 2 of the Act is amended by adding

immediately after paragraph (

i) the following:

(i.1) "shore fastened mooring system"

means a mooring system that has mooring lines attached to the shore or anchored

to the seabed at a depth of fewer than 2 vertical metres below the low water

mark;

(8) Section 2 of the Act is amended by deleting

the word "and" at the end of paragraph (

l) and by adding immediately

after paragraph (

l) the following:

(l.1) "vehicle" means a motor vehicle,

vessel, boat or barge; and

2. (1) Paragraph 4(4)(

f) of the Act is

repealed and the following substituted:

(

f) state that aquaculture shall be conducted

under the licence with diligence, in a reasonable manner and in accordance with

standards, practices and procedures set by the minister; and

(2) Paragraph 4(6)(

g) of the Act is repealed and

the following substituted:

(

g) specify measures to be taken to prevent the

escape of aquatic animals, to mitigate the development of pathogenic agents and

prevent the spread of pathogenic agents, and to minimize the risk of damage to

the environment or other aquaculture facilities;

(3) Paragraph 4(7)(

b) of the Act is repealed and

the following substituted:

(

b) the proposed licensee has complied with this

Act and the regulations and other applicable legislation.

(4) Section 4 of the Act is amended by adding

immediately after subsection (7) the following:

(7.1) Notwithstanding subsection (7), the minister

may refuse an application for an aquaculture licence where, in the opinion of

the minister, it is in the public interest to do so.

(5) Section 4 of the Act is amended by adding immediately

after subsection (9) the following:

(9.1) A licensee shall comply with aquatic animal

health policies set by the minister.

(6) Subsection 4(10) of the Act is repealed and

the following substituted:

(10) The minister may

(

a) suspend an aquaculture licence upon breach of

a term, condition or provision of that licence, this Act or the regulations; and

(

b) issue directives respecting the maintenance, removal

or destruction of aquatic plants or animals at that site, the maintenance of

the site, the destruction of feed, or the disinfection of aquaculture gear,

vehicles or the aquaculture facility while the licence is suspended.

(7) Subsection 4(11) of the Act is repealed and

the following substituted:

(11) Where the minister suspends an aquaculture

licence under subsection (10), the licensee shall not harvest or remove aquatic

plants or animals to or from the aquaculture site for which the aquaculture

license was suspended except in accordance with a directive of the minister.

(8) Subsection 4(12) of the Act is repealed and

the following substituted:

(12) A licensee who operates an aquaculture

facility while the aquaculture licence for that facility is suspended, except

to the limited extent as may be required to comply with a directive of the minister,

is guilty of an offence.

(9) Subsection 4(13) of the Act is repealed and

the following substituted:

(13) Notwithstanding subsections (11) and (12), a

licensee shall maintain a site and aquatic plants and animals at that site in

accordance with standards, practices and procedures set by the minister, unless

otherwise directed by the minister.

(10) Subsection 4(17) of the Act is repealed.

3. The Act is amended by adding immediately after

section 4.1 the following:

Security

4.2

(1) The

minister may require financial or other security, which in the opinion of the

minister covers the operations of a proposed licensee or a licensee, to the

satisfaction of and in an amount and a form required by the minister.

(2) The operations of a proposed licensee or

licensee include removal of aquaculture gear and aquatic plants or animals and

restoration of a site upon cancellation of an aquaculture licence or where an

aquaculture licence is not renewed.

Removal and restoration

4.3

(1) Where

a person does not renew an aquaculture licence or where an aquaculture licence

is cancelled under this Act, the person who held the last valid aquaculture

licence for a site shall, to the satisfaction of the minister, remove from that

site aquaculture gear and aquatic plants or animals and restore that site.

(2) The person who held the last valid aquaculture

licence for the site shall comply with subsection (1) within a period of time

that the minister considers reasonable.

(3) Where the minister believes on reasonable grounds

that a person has failed to comply with subsection (1), the minister or an

aquaculture inspector may, to the satisfaction of the minister, remove

aquaculture gear and aquatic plants or animals from the site.

(4) The minister or the aquaculture inspector shall

give reasonable notice of his or her intention to remove aquaculture gear and

aquatic plants and animals from the site to

(

a) the person who held the last valid aquaculture

licence for the site; or

(

b) a person who, to the knowledge of the minister

or the aquaculture inspector, is a person responsible for the site.

(5) Where the minister or an aquaculture inspector

removes aquaculture gear and aquatic plants or animals from a site under subsection

(3), the aquaculture gear and aquatic plants or animals removed from the site

become the property of the Crown.

(6) Where the minister or an aquaculture inspector

removes aquaculture gear and aquatic plants or animals from the site, the cost

incurred shall constitute a debt owed to the Crown and may be satisfied by

(

a) the drawing on the financial or other security;

(

b) the sale of aquatic plants or animals and

aquaculture gear by the minister; and

(

c) the issuance and filing of a certificate in

accordance with

section 17.

(7) Aquaculture gear and aquatic plants or animals

removed from a site may be disposed of or destroyed by the minister or an aquaculture

inspector.

(8) No compensation is payable by the Crown to the

person who held the last valid aquaculture licence for a site for aquaculture gear

and aquatic plants or animals that become the property of the Crown under

subsection (5).

(9) The validity of actions taken under this Act is

not affected by the inability of the minister or an aquaculture inspector,

after reasonable efforts, to give notice to the person who held the last valid

aquaculture licence for the site where

(

a) the person who held the last valid aquaculture

licence is not known, cannot be located or resides outside of the jurisdiction;

and

(

b) the person who held the last valid aquaculture

licence has no known agent in the province.

Section 6 of the Act is repealed and the

following substituted:

Inspection

(1) The

minister may designate a person or class of persons to be aquaculture

inspectors for the purpose of this Act.

(2) An aquaculture inspector may at reasonable

times so long as it is reasonably necessary to determine compliance with this

Act or the regulations, or an aquaculture licence or a directive issued under

this Act or the regulations,

(

a) enter an aquaculture facility, except a

dwelling house;

(

b) enter a place, except a dwelling house, where

the inspector has reason to believe aquaculture is being conducted;

(

c) enter a place, except a dwelling house, in or

on which the inspector has reason to believe

(

i) aquatic plants or animals that are farmed or used

in the conduct of aquaculture are contained, transported loaded or unloaded,

(ii) feed that is used in the conduct of aquaculture

is contained, transported, loaded or unloaded, or

(iii) aquaculture gear is cleaned, repaired, maintained,

contained, transported, loaded or unloaded;

(

d) enter a place, except a dwelling house, that

the inspector has reason to believe contains records relating to aquaculture,

an aquaculture facility, or a vehicle used in the conduct of aquaculture;

(

e) enter a vehicle, except a dwelling house, that

the inspector has reason to believe is used in the conduct of aquaculture or

transports people for the conduct of aquaculture; and

(

f) open aquaculture gear.

(3) In carrying out the inspection referred to in

subsection (2), the aquaculture inspector may have regard to

(

a) the presence of pathogenic agents and the

likelihood of pathogenic agents developing;

(

b) the adequacy of measures being taken to ensure

aquatic plants or animals being cultured do not escape;

(

c) whether the activities being carried on are

authorized by and are in accordance with an aquaculture licence; and

(

d) compliance with the terms, conditions and

provisions of the aquaculture licence, this Act and the regulations and, where

applicable, a directive issued under this Act or the regulations.

(4) A person responsible for aquaculture gear, an

aquaculture facility or other place referred to in subsection (2) shall provide

the information, documents and samples and carry out the tests and examinations

that an aquaculture inspector may reasonably require.

(5) A peace officer may detain a vehicle for the

purpose of the performance of an inspection, the carrying out of tests and

examinations, or the obtaining of information, documents and samples referred

to in this section.

(6) Where he or she considers it necessary, an

aquaculture inspector may direct a licensee or other person responsible for

aquaculture gear, an aquaculture facility or other place referred to in subsection

(2) to take measures

(

a) to prevent the escape of an organism;

(

b) to mitigate the development of pathogenic

agents or prevent the spread of pathogenic agents, including the isolation,

quarantine, detention, treatment, disposal or destruction of aquatic plants or

animals, the disposal or destruction of feed, and the disinfection, quarantine,

detention or prohibition of movement or transport of gear, facilities and vehicles;

and

(

c) to ensure that aquaculture is conducted in

accordance with the terms, conditions and provisions of a licence, this Act and

the regulations and, where applicable, a directive issued under this Act or the

regulations.

(7) The minister may

(

a) suspend an aquaculture licence where the

licensee or other person responsible for the aquaculture gear, aquaculture facility

or other place referred to in subsection (2) does not comply with subsection

(4) or (6); and

(

b) issue directives to the licensee or other

person responsible for the aquaculture facility respecting the maintenance, removal

or destruction of aquatic plants or animals at that site, the maintenance of the site, the destruction

of feed, or the disinfection of aquaculture gear, vehicles, or the aquaculture

facility while the licence is suspended.

(8) Where the minister suspends an aquaculture

licence under subsection (7), the licensee shall not harvest or remove aquatic

plants or animals to or from the aquaculture site for which the aquaculture

license was suspended except in accordance with a directive of the minister.

(9) A licensee who operates an aquaculture

facility while the aquaculture licence for that facility is suspended, except

to the limited extent as may be required to comply with a directive of the

minister, is guilty of an offence.

(10) Notwithstanding subsections (8) and (9), a

licensee shall maintain a site and aquatic plants and animals at that site in

accordance with standards, practices and procedures set by the minister, unless

otherwise directed by the minister.

(11) A suspension under subsection (7) continues

until the minister is satisfied that the breach causing the suspension is no

longer continuing.

(12) The minister may cancel a licence where a

breach causing a suspension under subsection (7) has not been corrected within

a reasonable time or for repeated breaches.

(13) Where an aquaculture inspector determines that

a person is engaged in aquaculture without having obtained the appropriate licence,

he or she may direct a person to take a measure referred to in paragraphs (6)(

a) to (

c) or to stop activities or to immediately apply for a licence.

5. The Act is amended by adding immediately after

section 6.1 the following:

Designation as

peace officers

6.2

(1) The

minister may designate an aquaculture inspector or class of inspectors to be a

peace officer.

(2) An aquaculture inspector designated as a peace

officer under subsection (1) 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 .

Section 7 of the Act is repealed and the

following substituted:

Report of pathogenic

agents

(1) For

the purpose of this section, an outbreak is defined as one or more individual plants

or animals infected by a pathogenic agent, with or without clinical signs,

within a group of aquatic plants or animals that share approximately the same

risk of exposure to the pathogenic agent.

(2) A licensee shall immediately report to the

minister or an aquaculture inspector an outbreak.

(3) A licensee shall take all measures that the

minister or an aquaculture inspector may direct to mitigate the development of

pathogenic agents and prevent the spread of pathogenic agents, including the isolation,

quarantine, detention, treatment, disposal or destruction of aquatic plants or

animals, the disposal or destruction of feed, and the disinfection, quarantine,

detention or prohibition of movement or transport of gear, facilities and vehicles.

Section 11 of the Act is repealed and the

following substituted:

Regulations

11. The

Lieutenant-Governor in Council may make regulations

(

a) determining and prescribing categories of

licences, including research, experimental, developmental, temporary, commercial

category of licence;

aquaculture licence may be subject or under which such a licence may be issued;

(

c) prescribing limitations and qualifications

related to who may receive an aquaculture licence;

(

d) prescribing the number of aquaculture licences

that may be held by one person;

(

e) respecting the duties and powers of

aquaculture inspectors and peace officers;

(

f) respecting the exemption of persons or classes

of persons or types of aquaculture or activities from the application of all or

part of this Act or the regulations;

(

g) classifying information in the records of the

Registrar of Aquaculture as confidential;

(

h) respecting the establishment of compensation

schemes for the purpose of this Act;

(

i) respecting the establishment of insurance

schemes for the purpose of this Act;

(

j) defining a word or expression used in this Act

and not defined in this Act;

(

k) respecting the detention, return, sale,

disposition and destruction of things seized under a warrant;

(

l) respecting the contravention of sections of

this Act and regulations for which an administrative penalty may be imposed and

the time and manner in which those penalties may be imposed and collected; and

(

m) respecting ticketable offences and penalties

for those offences.

Section 11.2 of the Act is repealed and the

following substituted:

Regulations

11.2 The

minister may make regulations

(

a) respecting optimal resource utilization and

sustainable development, and related prohibitions;

(

b) respecting matters related to health,

including the health of aquatic plants or animals, safety and the protection of

the environment, and related prohibitions;

approval to introduce, transfer or transport aquatic plants or animals may be

subject or under which such approval may be issued;

(

d) respecting, subject to the Plant Protection Act , the introduction

into and the transfer and transport of aquatic plants in the province and from

place to place within the province, including the conducting of assessments in

relation to that introduction, transfer or transport;

(

e) respecting, subject to the Plant Protection Act , the isolation,

quarantine, detention, treatment, disposal or destruction of aquatic plants, the

disposal or destruction of feed, the disinfection, quarantine, detention or

prohibition of movement or transport of related gear, equipment, tanks, ponds

and other facilities and vehicles, and other measures to mitigate the

development of pathogenic agents or prevent the spread of pathogenic agents;

(

f) respecting the introduction into and the

transfer and transport of aquatic animals in the province and from place to

place within the province, including the conducting of assessments in relation

to that introduction, transfer or transport;

(

g) respecting the isolation, quarantine,

detention, treatment, disposal or destruction of aquatic animals, the disposal

or destruction of feed, the disinfection, quarantine, detention or prohibition

of movement or transport of related gear, equipment, tanks, ponds and other

facilities and vehicles, and other measures to mitigate the development of

pathogenic agents or prevent the spread of pathogenic agents;

(

h) respecting the use, or prohibiting the use, of

chemicals, fertilizers, vaccines, drugs, feed, and other substances in the

conduct of aquaculture;

(

i) respecting the isolation, quarantine,

detention, treatment, disposal or destruction of aquatic plants or animals, the

disposal or destruction of feed, the quarantine, disinfection, detention or

prohibition of movement or transport of aquaculture gear, vehicles, tanks,

ponds and other facilities, and other measures related to the use of chemicals,

fertilizers, vaccines, drugs, feed and other substances in the conduct of

aquaculture;

(

j) prescribing the marking of aquaculture gear,

of the boundaries of a site and any other markings or identification;

(

k) prescribing the information to be provided and

the procedures to be followed in applying for

(

i) an aquaculture licence,

(ii) an approval to introduce, transfer or

transport aquatic plants or animals, and

(iii) another licence, permission or approval

required by this Act or the regulations;

(

l) prescribing the use, content and enforcement

of development plans for sites;

(

m) prescribing performance standards for

aquaculture facilities;

(

n) prescribing maximum sizes for aquaculture

facilities;

(

o) respecting the rent payable for an aquaculture

licence;

(

p) prescribing standards relating to the

construction, layout, equipping and operation of an aquaculture facility;

(

q) respecting methods of handling, buying,

selling, holding in possession, offering or advertising for sale, processing

and maintaining the quality of aquatic plants or animals;

(

r) respecting information and documents to be

provided to the minister by a licensee concerning the use, productivity, investment

and obligations of the licensee in respect of an aquaculture facility and other

matters pertinent to the conduct of aquaculture and the marketing and sale of

aquaculture produce by the licensee;

(

s) respecting the provision of financial or other

security for the purpose of this Act;

(

t) prescribing procedures by which the

neighbouring land owners, municipalities, other affected or interested persons

and the general public may participate in helping the minister in his or her

decision whether to grant an aquaculture licence, and if so on what terms or

conditions, including the manner in which the applicant, the minister or a

designate or others are to meet with, provide information to and record the opinions,

concerns and questions of those participating;

(

u) respecting the duties of, and the records and documents

to be kept by the Registrar of Aquaculture and other matters pertaining to the

proper conduct and operation of a registry of aquaculture records; and

(

v) prescribing rules, procedures, composition,

functions and powers of committees created under this Act.

9. The Act is amended by adding immediately after

section 11.2 the following:

Regulations

11.3

(1) The

Lieutenant-Governor in Council and the minister may in addition to or instead

of regulations made under sections 11 and 11.2 adopt by reference and

constitute as regulations the whole or part or provisions of a code adopted or

standards fixed, with or without modification, and including amendments to the

code or standard of an organization acceptable to the Lieutenant-Governor in

Council or the minister.

(2) A certificate of the minister that a document

is a copy of a code or standard referred to in subsection (1) or an extract

from, a modification of, or an amendment to, a code or standard is without further

proof presumptive evidence of the content of that code, standard, extract or

amendment.

Section 13.1 of the Act is repealed and the

following substituted:

Seizure

13.1

(1) Where

a peace officer believes on reasonable grounds that a person has committed an

offence under this Act or the regulations, the peace officer may, with a

warrant issued under subsection (2), seize anything that will give evidence

with respect to the offence.

(2) A Provincial Court judge who is satisfied by

an information upon oath or affirmation that there are reasonable grounds for

believing that there is at a place anything that there are reasonable grounds

to believe will give evidence with respect to an offence under this Act or the

regulations may issue a warrant authorizing a peace officer named in the warrant

to seize anything that will give evidence with respect to the offence, subject

to the conditions that may be specified in the warrant.

(3) A peace officer acting under a warrant issued

under subsection (2) may carry out one or more of the following actions,

provided that the Provincial Court

judge who issued the warrant under subsection (2) has ordered those actions as

conditions of that warrant:

(

a) take into custody or release from seized

aquaculture gear live aquatic plants or animals;

(

b) order a person whom he or she reasonably

believes to have committed the offence, to remove and relinquish to the custody

of the peace officer the aquaculture gear or other thing and where applicable,

aquatic plants or animals; and

(

c) order a person having the custody of aquatic

plants or animals, aquaculture gear or other thing that will give evidence with

respect to the offence, to detain the aquatic plants or animals, aquaculture

gear or other thing in the place where they are seized and, in the case of aquatic

plants or animals, that person may deal subsequently with aquatic plants or

animals in accordance with directives that may be issued by the minister.

(4) Where a document or data is seized under subsection

(1) or (3), a copy of that document or data, on proof by affidavit that it is a

true copy, is admissible in evidence in proceedings under this Act and has the

same probative force as the original would have if it had been proved in the

ordinary way.

11. The Act is amended by adding immediately after

section 13.1 the following:

Detention and

disposition of things seized

13.2

(1) Aquaculture

gear seized or removed under subsection 13.1(1) or (3) may be detained for a

period not greater than 180 days following the day of seizure or removal,

unless during that period, proceedings under this Act in respect of that

aquaculture gear are undertaken, in which case the aquaculture gear may be

further detained until the proceedings are finally concluded.

(2) Where aquatic plants or animals are seized or

removed under subsection 13.1(1) or (3), the peace officer or other person

having custody of the aquatic plants or animals may, in accordance with a directive

of the minister,

(

a) detain, maintain and quarantine, as directed,

aquatic plants or animals for a period not greater than 180 days following the

day of seizure or removal, unless during that period, proceedings under this

Act in respect of those aquatic plants or animals are undertaken, in which case

the aquatic plants or animals may be further detained until the proceedings are

finally concluded; or

(

b) sell, dispose, remove or destroy aquatic

plants or animals where the aquatic plants or animals will rot, spoil or otherwise

perish or it is necessary to prevent the spread of pathogenic agents.

(3) A thing, other than aquaculture gear or

aquatic plants or animals, that is seized or removed under subsection 13.1(1) or

(3) may be

(

a) detained for a period not greater than 180

days following the day of seizure or removal, unless during that period, proceedings

under this Act in respect of that thing are undertaken, in which case the thing

may be further detained until the proceedings are finally concluded; or

(

b) sold, disposed of, removed or destroyed where

the thing will rot, spoil or otherwise perish.

(4) The minister may issue directives respecting the

detention, quarantine, maintenance, removal, sale, disposal or destruction of

aquatic plants or animals that have been seized or removed under

section 13.1.

(5) Where aquatic plants or animals, aquaculture

gear or other things are seized or removed under

section 13.1, a person having

an interest in them may apply to a judge of the Trial Division for their return

or for an amendment or cancellation of an order made under paragraph

13.1(3)(c).

(6) A judge may order the return of the aquatic

plants or animals, aquaculture gear or other thing or an amendment or

cancellation of an order made under paragraph 13.1(3)(

c) where

(

a) he or she is satisfied that the seized or

removed aquaculture gear is licensed or was located at a licensed site;

(

b) he or she is satisfied that the retention or

detention of the aquatic plants or animals, aquaculture gear or other thing is

not necessary as evidence of the commission of an offence;

(

c) he or she is satisfied as to the value of the

aquatic plants or animals, aquaculture gear or other thing; and

(

d) the applicant posts a bond or other form of

security in an amount satisfactory to the judge.

(7) Where the ownership of aquaculture gear or

other thing that is not perishable seized under subsection 13.1(1) cannot, at

the time of and within 180 days of seizure, be ascertained by the peace officer

who has made that seizure, that aquaculture gear or other thing is forfeited to

the Crown and may be disposed of as directed by the minister.

(8) For the purpose of preserving the identity of

aquatic plants or animals, aquaculture gear or other thing seized or removed

under

section 13.1, a peace officer may attach to the aquatic plants or

animals, aquaculture gear or other thing or an aquaculture facility a numbered

tag or other form of identification in the form prescribed by the minister.

(9) A person shall not

(

a) remove or alter a tag or other form of

identification attached to an aquatic plant or animal, aquaculture gear or

other thing or an aquaculture facility under subsection (8);

(

b) remove aquatic plants or animals detained

under this

section unless directed by the minister; and

(

c) remove aquaculture gear or other things

detained under this section.

Special purpose

account

13.3

(1) The

proceeds of a sale referred to in

section 13.2 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 of the

department or his or her delegate.

(2) The deputy minister of the department 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 Act.

Disposition upon

conclusion of proceedings

13.4

(1) Where

proceedings are not taken following a seizure or removal under

section 13.1 or

where they are taken and the person charged is acquitted of the charge made

against him or her or the charge is dismissed or withdrawn,

(

a) the peace officer or other person having the

custody of the aquatic plants or animals, aquaculture gear or other thing

seized or removed shall return them to the person from whom he or she seized or

received them;

(

b) where the aquatic plants or animals or thing

is sold under

section 13.2, the minister shall pay the proceeds of the sale to

the person from whom the aquatic plants or animals or thing were seized or received;

and

(

c) a detention order under paragraph 13.1(3)(

c) shall be revoked.

(2) Where a person is convicted of an offence

under this Act or the regulations, the judge before whom he or she is convicted

may, in addition to another penalty imposed under this Act,

(

a) order that the aquatic plants or animals, aquaculture

gear or other thing in relation to which the offence was committed

(

i) be seized or removed,

(ii) be destroyed,

(iii) be harvested and sold and the proceeds of the

sale forfeited to the Crown,

(iv) be forfeited to the Crown, or

(

v) be disposed of as the minister directs;

(

b) order that proceeds in a special purpose

account following a sale under

section

13.2 be forfeited to the Crown and paid immediately into the Consolidated

Revenue Fund; and

(

c) where a bond or other security has been posted

under paragraph 13.2(6)(d), 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.

Section 15 of the Act is repealed and the

following substituted:

Penalty

(1) A

person found guilty of an offence under this Act or the regulations is liable

on

summary conviction

(

a) for a first offence, to a fine not exceeding

$5,000 or, in default of payment, to imprisonment for a term of not more than 6

months or to both the fine and imprisonment; and

(

b) for a subsequent offence, to a fine of not

less than $5,000 and not more than $10,000 or, in default of payment, to imprisonment

for a term of not more than 12 months or to both the fine and imprisonment.

(2) A continuance for a day or a part of a day of

an offence under this Act or the regulations constitutes a separate offence.

(3) For the purpose of paragraph (1)(b), a person

shall be considered to have committed a subsequent offence where that person is

convicted of an offence under this Act or the regulations within 2 years of

being convicted of a first offence under this Act or the regulations.

(4) Notwithstanding subsection (1), where, with

respect to an offence under this Act or the regulations, a complaint is laid

and a summons issued by means of a ticket in accordance with the Provincial Offences Act , a person found

guilty of that offence is liable on

summary conviction to a fine that may be

established by regulation.

13. The Act is amended by adding immediately after

section 15 the following:

Administrative

penalty

(1) Where

the minister is of the opinion that a person has committed, as specified by

regulation, a contravention of this Act or the regulations for which an

administrative penalty applies, the minister or a person authorized by the

minister may, in writing, notify that person that he or she is to pay to the

government of the province an administrative penalty in the amount set out in

the notice for each contravention.

(2) A person who pays an administrative penalty

with respect to a contravention may not be ticketed under the Provincial Offences Act and regulations

or charged with an offence under this Act with respect to that contravention.

(3) Where a person fails to pay an administrative penalty

in accordance with a notification under subsection (1), the government of the

province may recover the amount owing in respect of the penalty as a debt owed

to the Crown.

(4) For the purpose of this section, an

administrative penalty is a monetary penalty imposed in accordance with the

regulations for a contravention of this Act or the regulations.

Collection of

debt

(1) Where

there is a debt owed to the Crown under this Act, the minister may issue a certificate

stating the amount due and remaining unpaid to the Crown and the name of the

person by whom it is payable, and file the certificate with the Registrar of

the Supreme Court.

(2) When a certificate is filed with the Registrar

of the Supreme Court under subsection (1) it is of the same effect and all

proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in the certificate filed under

this

section may, within 30 days after the certificate is filed, apply to a

judge of the Trial Division for a review, on a question of law or jurisdiction,

of the certificate.

(4) On application under subsection (3), the judge

may make an amendment to the certificate that is necessary to make the

certificate accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgement enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Limitation period

18. A

prosecution under this Act or the regulations shall be commenced within 3 years

of the date upon which the deputy minister of the department becomes aware of

the alleged offence.

Transitional

14. Notwithstanding that sections 11 and 11.2 of

the Act have been repealed and substituted, a regulation made by the Lieutenant-Governor

in Council under the repealed

section shall be considered validly enacted under

this Act and shall remain in force until the regulation is annulled or a new

regulation is made in its place.

William E. Parsons, Queen's Printer