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1Section 2 of New Brunswick Regulation 2002-37 under the Transportation of Primary Forest Products Act is amended

(a) in the definition « tracteur » in the French version by striking out the period at the end of the definition and substituting a semicolon;

(b) by adding the following definitions in alphabetical order:

“approved” means that which is approved by (approuvé)

(a) the Minister, if the approval relates to a primary forest product originating from Crown Lands, and

(b) the Commission, if the approval relates to a primary forest product originating from a source other than the source referred to in paragraph (a);

“Commission” means the New Brunswick Forest Products Commission established under the Forest Products Act; (Commission)

“Crown Lands” means Crown Lands as defined in the Crown Lands and Forests Act;(terres de la Couronne)

“hand-operated electronic device” means(appareil électronique à commande manuelle)

(a) a cellular telephone,

(b) another electronic device that

(i) includes a telephone function, and

(ii) normally is held in the user’s hand during use or requires the user to use their hand to operate any of its functions, or

(c) an electronic device that is not otherwise described in paragraph (a) or (b) that

(i) is capable of transmitting or receiving email or text messages, and

(ii) normally is held in the user’s hand during use or requires the user to use their hand to operate any of its functions;

“locked format” , in respect of a completed transportation certificate in electronic form, means a format that does not permit any changes to be made to the information contained in the certificate;(format verrouillé)

“regulated area” means a regulated area as defined in the Forest Products Marketing Plan Regulation - Natural Products Act; (zone réglementée)

2Section 3 of the Regulation is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “that he or she is required to possess shall be a pre-printed form” and substituting “that the operator is required to possess shall be in an approved form”;

(ii) in subparagraph (a)(x) by striking out “the Minister” and substituting “the Minister or the Commission”;

(iii) in paragraph (b) by striking out “the Minister” and substituting “the Minister or the Commission”;

(b) in subsection (2)

(i) in subparagraph (a)(viii) by striking out “the Minister” and substituting “the Minister or the Commission”;

(ii) in paragraph (b) by striking out “the Minister” and substituting “the Minister or the Commission”;

(c) by repealing subsection (3) and substituting the following:

3(3)The following persons may require that transportation certificates contain information in addition to that required under subsection (1) or (2), as the case may be, and may impose requirements to be met in relation to the format, binding and printing of transportation certificates, and those requirements may differ on the basis of the different classes of vehicles whose operators are required to possess, produce or deliver transportation certificates; on the basis of different sources or destinations of primary forest products or on any other basis:

(a) with respect to transportation certificates applicable to primary forest products originating from Crown Lands, the Minister; and

(b) with respect to transportation certificates applicable to primary forest products originating from a source other than the source referred to in paragraph (a), the Commission.

3The Regulation is amended by adding after section 3 the following:

Approval of transportation certificates

3.01The transportation certificates for which the form may be approved are those that are

(a) in paper form and contain the information referred to in paragraph 3(1)(a), or

(b) in electronic form and generated by an approved mobile application.

Approval of mobile applications

3.02The mobile applications that may be approved are those that permit, using a hand-operated electronic device, the generation of a transportation certificate that

(a) is in electronic form,

(b) may be presented in locked format, and

(c) contains the information referred to in paragraph 3(1)(a).

Conditions of use of transportation certificates

3.03The following persons may impose requirements to be met in relation to the use of transportation certificates:

(a) with respect to transportation certificates for primary forest products originating from Crown Lands, the Minister; and

(b) with respect to transportation certificates for primary forest products originating from a source other than the source referred to in paragraph (a), the Commission.

4The heading “Document holder” preceding section 3.1 of the Regulation is repealed and the following is substituted:

Document holder and transportation certificates in locked format

5Section 3.1 of the Regulation is repealed and the following is substituted:

3.1(1)The operator of a vehicle to whom subsection 2(1) of the Act applies shall do the following:

(a) if the operator possesses a transportation certificate in paper form, keep the transportation certificate in the document holder located on the exterior of the operator’s vehicle; and

(b) if the operator possesses a transportation certificate in electronic form, keep the transportation certificate, in locked format, on a hand-operated electronic device on the inside of the operator’s vehicle.

3.1(2)The document holder referred to in paragraph (1)(a) shall not be accessible to the operator of the vehicle from the inside of the vehicle’s cab.

3.1(3)A person who violates or fails to comply with paragraph (1)(a) or (b) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

6Subsection 5(1) of the Regulation is amended by striking out “A marketing board” and substituting “Subject to subsection 6(1.2), a marketing board”.

7The Regulation is amended by adding after section 5.1 the following:

Books of transportation certificates

5.2(1)Persons who are required to possess, produce or deliver a transportation certificate, instead of completing a book of transportation certificates issued to that person under section 4 or 5, may print books of transportation certificates themselves, providing that the form and number of the transportation certificates are approved before being completed.

5.2(2)The following persons may impose requirements to be met in relation to the use of the books of transportation certificates referred to in subsection (1):

(a) with respect to books of transportation certificates for primary forest products originating from Crown Lands, the Minister; and

(b) with respect to books of transportation certificates for primary forest products originating from a source other than the source referred to in paragraph (a), the Commission.

8Section 6 of the Regulation is amended by adding after subsection (1.1) the following:

6(1.2)A person referred to in subsection (1.1) is required to comply with the paragraph (1.1)(a) or (b), as the case may be, before a new book of transportation certificates is issued for that person under subsection 5(1) or (3).

9Paragraph 6.2(2)(e) of the Regulation is repealed and the following is substituted:

(e) was used when a primary forest product was transferred using a public highway without the primary forest product being offered for sale.

10Subsection 8(3) of the Regulation is amended by striking out “as defined in the Crown Lands and Forests Act”.

11Section 10 of the Regulation is amended

(a) in subsection (1) by repealing paragraph (c) and substituting the following:

(c) send the information referred to in paragraph (b)

(i) to the person designated by the Minister, when the primary forest product originates from Crown Lands,

(A) in the manner established by the Minister,

(B) with the frequency established by the Minister, and

(C) in accordance with any other directions established by the Minister, or

(ii) to the marketing board in the regulated area from which the primary forest product originates no later than the fifteenth day of the month following the month that the primary forest product is offloaded, when the primary forest product originates from a private woodlot in the Province.

(b) in subsection (2) by repealing paragraph (b) and substituting the following:

(b) send the information referred to in paragraph (a)

(i) to the person designated by the Minister, when the primary forest product originates from Crown Lands,

(A) in the manner established by the Minister,

(B) with the frequency established by the Minister, and

(C) in accordance with any other directions established by the Minister, or

(ii) to the marketing board in the regulated area from which the primary forest product originates no later than the fifteenth day of the month following the month that the primary forest product is offloaded, when the primary forest product originates from a private woodlot in the Province.

(c) in paragraph (3)(a) of the English version by striking out “established” and substituting “designated”.

2023-30 - Transportation of Primary Forest Products Act

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