Second

Session, 45th General Assembly

Elizabeth II, 2005

BILL 72

AN ACT TO AMEND THE

FISH INSPECTION ACT

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

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

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

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

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

HONOURABLE

THOMAS G. RIDEOUT

Minister

of Fisheries and Aquaculture

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend

section 4 of the Fish Inspection Act

to enable the Lieutenant-Governor in Council to make regulations in relation to

the establishment of fines associated with ticketable offences.

Clause 2 of the Bill would amend

section 7 of the Act to clarify that a decision of an inspector to commence

proceedings by way of a ticket could not be appealed to the minister.

Clause 3 of the Bill would amend

section 14 of the Act to include a reference to penalties imposed under the

regulations.

Clause 4 of the Bill would amend

section 16 of the Act to achieve consistency with paragraph 4(1)(

e) of the Act

by ensuring that administrative penalties may be imposed for violation of the

regulations as well as of the Act.

A BILL

AN ACT TO AMEND THE FISH INSPECTION ACT

Analysis

S.4 Amdt.

Regulations

S.7 Amdt.

Appeal

S.14 Amdt.

General penalty

S.16 Amdt.

Administrative penalty

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-12

as amended

1. Subsection 4(1) of the Fish Inspection Act is amended by adding immediately after

paragraph (

e) the following:

(e.1) respecting the contravention of sections of

this Act and the regulations for which proceedings may be commenced in the form

of a ticket issued under the Provincial

Offences Act and regulations and the fines associated with those contraventions;

Section 7 of the Act is amended by renumbering

it as subsection 7(1) and by adding immediately after that subsection the following:

(2) Notwithstanding subsection (1), a decision of

an inspector to commence proceedings in the form of a ticket issued in accordance

with the Provincial Offences Act and

regulations may not be appealed to the minister under subsection (1).

Section 14 of the Act is amended by adding

immediately after the words "elsewhere in this Act" the words

"or the regulations".

4. (1) Subsection 16(1) of the Act is amended

by adding immediately after the word "Act" the words "or the

regulations".

(2) Subsection 16(4) of the Act is amended by

adding immediately after the word "Act" the words "or the

regulations".

Earl G. Tucker,

Queen's Printer