Document ID: chunk:federal_register_of_legislation:F2021L00317:reg:8:p4
Version: federal_register_of_legislation:F2021L00317
Segment Type: reg
Provision Reference: reg 8 (pt 4/10)
Character Range: 255347–257928

from the method referred to in paragraph (1)(a) or (b); and
 (b) an approved arrangement for operations to prepare the fish or fish products for export provides for the different method; and
 (c) the approved arrangement provides for a system of controls to be used to ensure compliance with the different method;
then the different method is prescribed.

11‑12  Storage of samples
 (1) For the purposes of section 411 of the Act, a sample that may be tested or analysed under the Act must be held under conditions that are unlikely to affect the result of any testing or analysis of the sample.
 (2) Subsection (1) does not apply in relation to a sample that may be tested or analysed in the performance of functions or duties or the exercise of powers under Chapter 10 of the Act (compliance and enforcement) or the Regulatory Powers Act.

Part 4—Damaged or destroyed fish or fish products

11‑13  Division of compensation between owners
  For the purposes of paragraph 420(2)(b) of the Act, compensation in respect of fish or fish products that are owned by 2 or more owners must be divided among those owners so that each owner is paid an amount of compensation that is equal to the proportion that the Secretary is satisfied represents the owner's interest in the fish or fish products at the time the fish or fish products were damaged or destroyed.

11‑14  Amount of compensation

Damaged fish or fish products
 (1) For the purposes of subsection 420(5) of the Act, the amount of compensation payable under subsection 419(1) of the Act in respect of fish or fish products that are damaged by a person in the course of performing functions or duties, or exercising powers, under the Act is the lesser of the following amounts:
 (a) the amount that the Secretary determines was the market value of the fish or fish products immediately before they were damaged;
 (b) the cost to repair the damage.
Note: Subsection 419(2) of the Act provides that compensation is not payable in respect of goods that are damaged as a result of samples of the goods being taken:
(a) during an audit conducted in relation to the goods under Part 1 of Chapter 9 of the Act; or
(b) during an assessment of the goods carried out under Part 2 of that Chapter; or
(c) as permitted by subsection 327(2) or 330(2) of the Act.

Destroyed fish or fish products
 (2) For the purposes of subsection 420(5) of the Act, the amount of compensation payable under subsection 419(1) of the Act in respect of fish or fish products that are destroyed under the Act is the amount that the Secretary determines was