Acts and Regulations

2011-38 - Transportation of Primary Forest Products Act

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NEW BRUNSWICK
REGULATION 2011-38
under the
Transportation of Primary Forest Products Act
(O.C. 2011-224)
Filed July 21, 2011
1New Brunswick Regulation 2002-37 under the Transportation of Primary Forest Products Act is amended by adding before section 1 the following enacting clause:
Under section 12 of the Transportation of Primary Forest Products Act, the Lieutenant-Governor in Council makes the following Regulation:
2Section 3 of the Regulation is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a) by striking out “properly completed” and substituting “accurately completed”;
(ii) in paragraph (a)
(A) by repealing subparagraph (vi) and substituting the following:
(vi) the destination of the primary forest product, including the name of the mill or the yard and the address or the Service New Brunswick parcel identifier number;
(B) by repealing subparagraph (ix) and substituting the following:
(ix) when the primary forest product is offloaded, the signature of the receiver of the primary forest product or one of his or her employees whenever possible and if not, the signature of the operator of the vehicle; and
(b) in subsection (2)
(i) in the portion preceding paragraph (a) by striking out “properly completed” and substituting “accurately completed”;
(ii) by repealing subparagraph (a)(vi) and substituting the following:
(vi) the destination of the primary forest product, including the name of the mill or the yard and the address or the Service New Brunswick parcel identifier number;
3The Regulation is amended by adding after section 3 the following:
Document holder
3.1(1)The operator of a vehicle to whom subsection 2(1) of the Act applies shall keep the transportation certificate in the document holder located on the exterior of his or her vehicle.
3.1(2)The document holder shall not be accessible to the operator of the vehicle from the inside of the vehicle’s cab.
4Section 4 of the Regulation is amended by adding after subsection (1) the following:
4(1.1)A marketing board is the only appropriate person to issue books of transportation certificates referred to in subsection (1), when the source of the primary forest product is a private woodlot in the Province.
5The Regulation is amended by adding after section 5 the following:
Copies of books of transportation certificates
5.1(1)For two fiscal years after the date of issuance a marketing board shall keep a copy of all books of transportation certificates that have been issued.
5.1(2)The fiscal year referred to in subsection (1) begins on April 1 of one year and ends on March 31 in the next year.
6Section 6 of the Regulation is amended
(a) in subsection (1) by striking out the portion preceding paragraph (a) and substituting the following:
6(1)A person for whom a book of transportation certificates has been issued under subsection 4(2) or (3) shall
(b) by adding after subsection (1) the following:
6(1.1)A person for whom a book of transportation certificates has been issued under subsection 5(1) or (3) shall remit the book of transportation certificates to the marketing board
(a) within 30 days of having completed the book of transportation certificates, or
(b) if the book of transportation certificates has not been completed in any given year on March 31 not later than April 15 of that year.
(c) by repealing subsection (2) and substituting the following:
6(2)A person who violates or fails to comply with paragraph (1)(a) or (b) or (1.1)(a) or (b) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
7The Regulation is amended by adding after section 6 the following:
Monthly report to the New Brunswick Forest Products Commission
6.1Not later than the last day of each month, a marketing board shall remit to the New Brunswick Forest Products Commission established under the Forest Products Act, a report describing the previous month’s receipt of any primary forest product including the following information:
(a) the name of the receiver;
(b) the type of primary forest product;
(c) the species of primary forest product;
(d) the volume of primary forest product; and
(e) the unit of measure.
Annual report to the New Brunswick Forest Products Commission
6.2(1)Not later than June 30 of each year, a marketing board shall remit to the New Brunswick Forest Products Commission established under the Forest Products Act, a report regarding the issuance of transportation certificates.
6.2(2)The report shall include the number of each transportation certificate and the name of the person to whom it was issued for every transportation certificate that
(a) was not used,
(b) was not returned,
(c) was voided,
(d) was lost, or
(e) was used when a primary forest product was transferred from a marketing board’s yard to a receiver.
8Subsection 10(4) of the Regulation is amended by striking out “category D” and substituting “category E”.
9The Regulation is amended by adding after section 10 the following:
Copies of transportation certificates and scale bills
10.1(1)For two fiscal years after the date of reception a receiver shall keep a copy of all transportation certificates and scale bills that have been received.
10.1(2)The fiscal year referred to in subsection (1) begins on April 1 of one year and ends on March 31 in the next year.