First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 6

AN ACT TO AMEND THE

PROFESSIONAL FISH HARVESTERS ACT

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

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

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

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

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

HONOURABLE

STEVE CROCKER

Minister of Fisheries and Aquaculture

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Professional Fish Harvesters Act to

allow members of the

Professional Fish Harvesters Certification Board, the appeal board and the

disciplinary board to be appointed for a term of less than 3 years;

allow members of the

Professional Fish Harvesters Certification Board, the appeal board and the

disciplinary board to continue to serve after the expiry of their terms until

reappointed or replaced;

change the composition of the

Professional Fish Harvesters Certification Board;

confirm that a vacancy in the

Professional Fish Harvesters Certification Board does not invalidate the

constitution of the board or impair the right of the remaining members to act

provided there are least 11 remaining members;

delay the appointment of a disciplinary

board until a complaint has been received;

clarify references to boards;

and

repeal an obsolete provision.

A BILL

AN ACT TO AMEND THE PROFESSIONAL FISH

HARVESTERS ACT

Analysis

S.5 Amdt.

Composition of board

S.6 Amdt.

Term of office

S.14 Amdt.

Appeal to appeal board

S.15 Amdt.

Appeal board

S.16 R&S

Date of appeal board

S.19 Rep.

Appeal panels

S.20 Amdt.

Disciplinary board

S.21 Amdt.

Disciplinary proceeding

Be it enacted

by the Lieutenant-Governor and House of Assembly in Legislative Session

convened, as follows:

SNL1996 c.P-26.1

as amended

1. Paragraphs 5(2)(

b) to (

f) of the Professional Fish Harvesters Act are

repealed and the following substituted:

(

b) a representative from a registered fisheries

co-operative;

(

c) a representative from the Department of

Fisheries and Aquaculture;

(

d) a representative from the provincial government

department responsible for post-secondary education;

(e) 2 representatives from the federal government,

at least one of whom shall be from the federal government department

responsible for fisheries;

(

f) a representative appointed to represent

aboriginal fish harvesters in the province;

2. (1) Subsection 6(1) of the Act is repealed

and the following substituted:

Term of office

(1) Members

of the board shall be appointed for a term of up to 3 years and are eligible

for reappointment.

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

immediately after subsection (1) the following:

(1.1) Where the term of a member of the board

expires, he or she continues to be a member until reappointed or replaced.

(3) Section 6 of the Act is amended by adding

immediately after subsection (4) the following:

(4.1) A vacancy in the membership of the board does

not invalidate the constitution of the board or impair the right of the

remaining members to act so long as the membership of the board does not fall

below 11 members.

3. (1) Subsection 14(1) of the Act is

repealed and the following substituted:

Appeal to appeal

board

(1) A

person whose certification is refused by the board or who is dissatisfied with

the certification that he or she is given may appeal to the appeal board

appointed under

section 15.

(2) Subsection 14(3) of the Act is repealed and

the following substituted:

(3) The executive director shall forward the

notice of appeal to the appeal board and shall inform the appellant of the

date, time and place at which the appeal board will hear the appeal.

4. (1) Subsections 15(3) and (4) of the Act

are repealed and the following substituted:

(3) The third member of the appeal board shall not

be a professional fish harvester and shall serve as the chairperson.

(4) The members of the appeal board shall be

appointed for a term of up to 3 years and are eligible for reappointment.

(2) Section 15 of the Act is amended by adding

immediately after subsection (4) the following:

(5) Where the term of a member of the appeal board

expires, he or she continues to be a member until reappointed or replaced.

Section 16 of the Act is repealed and the

following substituted:

Date of appeal

board

16. The

appeal board shall review all the relevant information associated with an

appellants application to the board for certification and shall provide the

appellant an opportunity to appear before the appeal board in person or through

a representative.

Section 19 of the Act is repealed.

Section 20 of the Act is amended by adding

immediately after subsection (2) the following:

(3) Notwithstanding subsection (1), the minister

is not required to appoint a disciplinary board until

(

a) the board receives a complaint that a

professional fish harvester has failed to comply with the Code of Ethics

adopted under

section 11; and

(

b) the board requests that the minister appoint a

disciplinary board.

8. Subsection 21(5) of the Act is repealed and the

following substituted:

(5) The disciplinary board may, where it determines

that the disciplinary proceeding against the professional fish harvester is substantiated,

take disciplinary measures that the disciplinary board considers appropriate,

including

(

a) suspending the certification of the

professional fish harvester for the period the disciplinary board considers

appropriate;

(

b) cancelling the certification of the

professional fish harvester either permanently or for the period the

disciplinary board considers appropriate;

(

c) imposing upon the professional fish harvester

a monetary penalty not to exceed $10,000; and

(

d) imposing those other conditions or limitations

that the disciplinary board considers appropriate.

Queen's Printer