1993 Legislative Session: 2nd Session, 35th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 15th day of June, 1993
Ian D. Izard, Law Clerk.


HONOURABLE BILL BARLEE
MINISTER OF AGRICULTURE,
FISHERIES AND FOOD

BILL 24 -- 1993

AGRICULTURE, FISHERIES AND FOOD STATUTES AMENDMENT ACT, 1993

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Animal Disease Control Act

1 The definition of "animal" in section 1 of the Animal Disease Control Act, R.S.B.C. 1979, c. 242, is repealed and the following substituted:

"animal" means a species of animal prescribed for the purposes of this Act; .

2 Section 20 is amended by adding the following paragraph:

(a.1) prescribing a species of animal by its biological or familiar name for the purposes of the definition of "animal" in section 1; .

 
Natural Products Marketing (BC) Act

3 Section 8 of the Natural Products Marketing (BC) Act, R.S.B.C. 1979, c. 296, is amended by adding the following subsection:

(3) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may establish by regulation

(a) rules of practice and procedure for appeals under section 11,

(b) the fee to be paid to make an appeal under section 11, and

(c) a tariff of the costs that the Provincial board may direct a party to an appeal under section 11 to pay to another party to the appeal or to the Minister of Finance.

4 Section 11 is repealed and the following substituted:

Appeals from a marketing board or commission order, decision or determination

11 (1) A person aggrieved or dissatisfied by an order, decision or determination of a marketing board or commission may appeal it by serving the Provincial board with written notice of the appeal within

(a) 30 days after receiving notice of the order, decision or determination, or

(b) if the Provincial board considers special circumstances warrant it, a further period specified by the Provincial board on request of the person who brings the appeal.

(2) A notice under subsection (1) must

(a) contain a statement of the matter being appealed, the name and address of the person bringing the appeal and the name and address of the marketing board or commission being appealed from, and

(b) be accompanied by the prescribed fee for bringing the appeal.

(3) Within 30 days of being served under subsection (1), the Provincial board must serve written notice of the time and place of the hearing of the appeal on the person bringing the appeal and on the marketing board or commission from which the appeal is made.

(4) The marketing board or commission from which an appeal is made must promptly provide the Provincial board with every bylaw, order, rule and other document touching on the matter under appeal and on its own motion or, on the written request of a party to an appeal under subsection (1), the Provincial board may direct that a party to the appeal provide the Provincial board and other parties to the appeal with a copy of each document the Provincial board specifies in its direction.

(5) The Provincial board need not hold a hearing or give notice to other parties to the appeal before making a direction under subsection (4).

(6) The Provincial board must hear an appeal under this section not more than 60 days after it receives notice of it under subsection (1) but the Provincial board may adjourn a hearing for the period it considers appropriate on the request of the person bringing the appeal or of the marketing board or commission from which the appeal is being made.

(7) Every appeal under this section or section 11.1 must be open to the public.

(8) On hearing an appeal under subsection (1), the Provincial board may

(a) make an order confirming, reversing or varying the order, decision or determination under appeal,

(b) refer the matter back to the marketing board or commission with or without directions, or

(c) make another order it considers appropriate in the circumstances and the Provincial board must serve a copy of its order or referral in the matter on each party to the appeal proceeding as soon as practical.

(9) In making its order or referral under subsection (8), the Provincial board may, if it considers this appropriate in the circumstances, direct that a party to the appeal proceeding pay the actual costs, within prescribed limits, as calculated by the Provincial board

(a) of another party to the appeal, or

(b) of the Provincial board, payable to the Minister of Finance.

Appeal from an order, decision or determination made under section 11

11.1 (1) If a person, marketing board or commission is aggrieved or dissatisfied by an order or referral of the Provincial board under section 11 (8), the person, marketing board or commission may appeal the order or referral on a question of law to the Supreme Court if the appeal is commenced within 30 days of being served with a copy of the order or referral.

(2) On hearing an appeal under subsection (1), the Supreme Court may

(a) make an order confirming, reversing or varying the order or referral of the Provincial board,

(b) refer the matter back to the Provincial board with or without directions, or

(c) make another order it considers appropriate in the circumstances.

(3) An appeal from a decision of the Supreme Court under subsection (2) lies to the Court of Appeal with leave of a justice of the Court of Appeal.

5 Section 13 (1) (k) is amended by striking out "received by the commission" and substituting "received by the marketing board or commission".

6 Section 20 (1) is amended by striking out "a fine of not less than $100 and not more than $500" and substituting "a fine of not more than $20 000".

Commencement

7 This Act comes into force by regulation of the Lieutenant Governor in Council.


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