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BILL NO. 24

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
70 Elizabeth II, 2021

 

Government Bill

 

Fisheries and Coastal Resources Act
(amended)

 

The Honourable Steve Craig
Minister of Fisheries and Aquaculture



First Reading: October 19, 2021

(Explanatory Notes)

Second Reading: October 21, 2021

Third Reading: October 29, 2021 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1

(a) changes the number of members of the Nova Scotia Aquaculture Review Board from three to a maximum of 10 as determined by the Minister;

(b) authorizes the Minister to determine the members' terms in office;

(c) authorizes the Minister to appoint one of the members as Vice-chair of the Board;

(d) requires the Chair of the Board to appoint members to panels to hear applications before the Board; and

(e) requires the Chair to determine a quorum of the Board or a hearing panel.

Clause 2 provides that a decision of a majority of a hearing panel is the decision of the Review Board and, where there is no majority, the decision of the chair of the panel is the decision of the Review Board.

An Act to Amend Chapter 25
of the Acts of 1996,
the Fisheries and Coastal Resources Act

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 48(1) of Chapter 25 of the Acts of 1996, the Fisheries and Coastal Resources Act, as enacted by Chapter 19 of the Acts of 2015, is amended by striking out "three members appointed by the Minister" in the last line and substituting "not more than ten members appointed by the Minister for such terms as the Minister may determine".

(2) Subsection 48(2) of Chapter 25, as enacted by Chapter 19 of the Acts of 2015, is amended by adding "and another member to be its Vice-chair" immediately after "Chair" in the last line.

(3) Subsection 48(4) of Chapter 25 is repealed and the following subsections substituted:

    (4) The Chair of the Review Board shall assign one or more of its members to constitute a panel to hear an application before the Review Board.

    (4A) The Chair of the Review Board shall determine a quorum of the Review Board or of a hearing panel.

2 Chapter 25 is further amended by adding immediately after Section 49 the following Section:

    49A Where a panel constituted to hear an application before the Review Board is composed of more than one member, a decision of a majority of the panel is the decision of the Review Board but, where there is no majority, a decision of the chair of the panel is the decision of the Review Board.

 


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