Assemblée Législative de la Nouvelle-Écosse

Les travaux de la Chambre ont repris le
21 septembre 2017

Projet de loi no 111

Fur Industry Act (amended)*

An Act to Amend Chapter 4 of the Acts of 2010, the Fur Industry Act

Déposé par :
L'honorable John MacDonell
Minister of Agriculture

Première lecture
Débats en deuxième lecture
Adoption en deuxième lecture
Comité des modifications des lois
    Date(s) de réunion 20 novembre 2012; 22 novembre 2012
    Rapport à la Chambre
Comité plénier
Débats de la troisième lecture
Débats de la troisième lecture
Sanction royale
Prise d'effet 6 décembre 2012
2012 Statutes, Chapter 58

Note explicative (en anglais seulement)

Clause 1 adds definitions of “Administrator”, “prescribed animal” and “waste” to the Fur Industry Act and revises the definition of “fur farms” to specifically include buildings and structures.

Clause 2
(a) revises the wording of the authority to provide education programs and give financial assistance to use the term “sustainability”; and
(b) revises the wording in clause 4(h) of the Act respecting fees to be consistent with wording elsewhere in the Act.

Clause 3 adds authority to appoint an Administrator for the purpose of the Act.

Clause 4 amends the Act to provide that inspectors appointed for the purpose of the Act are to be civil servants.

Clause 5 repeals a Section respecting designated professionals that will be incorporated into Section 33 of the Act.

Clause 6
(a) deletes unnecessary words;
(b) adds a provision that site approval permits will only be required for fur farms on which there are prescribed animals; and
(c) changes the spelling of a word to be consistent with spelling elsewhere in the Act.

Clause 7
(a) substitutes the Administrator for the Minister with respect to certain duties;
(b) clarifies that site approval permits will only be required for fur farms on which there are prescribed animals; and
(c) adds a provision with respect to issuing operating licences for the time period set by regulation.


Clause 8
(a) substitutes the Administrator for the Minister with respect to certain duties;
(b) revises the wording in subsections 11(5) and (6) respecting site requirements to be consistent with wording elsewhere in the Act;
(c) clarifies that operators must apply for amended site approval permits in certain circumstances; and
(d) adds provisions authorizing the inclusion in site approval permits of terms and conditions that must be obeyed.

Clauses 9 and 10 substitute the Administrator for the Minister with respect to certain duties.

Clause 11
(a) revises the wording in Section 14 of the Act respecting licence suspensions and revocations to be consistent with wording elsewhere in the Act; and
(b) clarifies the address to be used for service of a notice on the holder of an operating licence.

Clauses 12 and 13 substitute requirements in the regulations for the Minister’s requirements with respect to reports that must be submitted and records that must be kept.

Clause 14
(a) revises the wording respecting prescribed animals to be consistent with wording elsewhere in the Act;
(b) substitutes the Administrator for the Minister with respect to publishing inspection results, makes the publication subject to any requirements in the regulations and makes publishing the results mandatory once required by the regulations; and
(c) adds a provision prohibiting obstruction of an inspector acting under the Act.

Clause 15 corrects a typographical error and removes air samples from the list of samples an inspector may take on inspection.

Clause 16
(a) substitutes the Administrator for the Minister with respect to certain duties; and
(b) revises the wording in subsection 19(4) of the Act respecting seized property to be consistent with wording elsewhere in the Act.

Clause 17 makes each subsection of Section 20 of the Act a separate Section, as subsection 20(1) concerns a specific type of order while subsection 20(2) concerns all orders.

Clause 18 substitutes the Administrator for the Minister with respect to certain duties.

Clause 19
(a) substitutes the Administrator for the Minister with respect to certain duties; and
(b) corrects a typographical error.

Clause 20
(a) substitutes the Administrator for the Minister with respect to certain duties; and
(b) revises the wording in clause 21(3)(c) of the Act respecting seized property to be consistent with wording elsewhere in the Act.

Clause 21 clarifies what constitutes an offence under the Act and provides for prosecuting the director or officer of a corporation who authorizes the corporation to contravene the Act.

Clause 22 revises the wording in Section 24 of the Act respecting licence and permit suspensions and revocations to be consistent with wording elsewhere in the Act and removes an unnecessary reference to prescribing suspension and revocation periods by regulation.

Clause 23 revises the wording in subsection 25(1) respecting normal farm practices to be consistent with wording elsewhere in the Act.

Clause 24 substitutes the Administrator for the Minister with respect to certain duties.

Clause 25
(a) replaces subsection 28(1) of the Act to make it an offence for a person to import fur-bearing animals into or export fur-bearing animals from a quarantined area without a permit;
(b) substitutes the Administrator for the Minister with respect to certain duties; and
(c) clarifies how an order issued pursuant to the Act must be served.

Clause 26 substitutes the Administrator for the Minister with respect to certain duties.

Clause 27
(a) replaces subsection 33(1) of the Act to make it apply only to fur farms where there are prescribed animals and to remove unnecessary words; and
(b) incorporates wording from Section 7 of the Act, which is being repealed by this Act, by adding subsection 33(1A) to the Act.

Clause 28 revises who may do water and soil testing for the purpose of Section 34 of the Act and substitutes the Administrator for the Minister with respect to certain duties.

Clause 29 adds a provision to continue existing fur farm permits as operating licences.

Clause 30
(a) replaces Section 35 of the Act to clarify the obligations of existing fur farm operators;
(b) adds a Section to address when fur farms cease operation; and
(c) adds a Section to provide that no action lies against a person acting in good faith under the authority of the Act.

Clause 31 revises the Act’s regulation-making authority to authorize regulations that
(a) incorporate documents by reference;
(b) concern publishing inspection reports; and
(c) relate to amendments made by this Act.

Clause 32 revises the wording in Section 39 of the Act respecting conflicting enactments to be consistent with wording elsewhere in the Act.

Clause 33 revises the provisions in the Agriculture and Marketing Act to be repealed by the Act.