Acts and Regulations

2002-37 - General

Table of contents
Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2002-37
under the
Transportation of Primary
Forest Products Act
(O.C. 2002-156)
Filed April 11, 2002
Under section 15 of the Transportation of Primary Forest Products Act, the Lieutenant-Governor in Council makes the following Regulation:
2011-38; 2015-53
Citation
1This Regulation may be cited as the General Regulation - Transportation of Primary Forest Products Act.
Definitions
2In this Regulation
“Act” means the Transportation of Primary Forest Products Act; (Loi)
“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)
“employee” includes any person performing work for an employer under any form of contract; (employé)
“employer” means a person who owns forest land whose principal business is the utilization of primary forest products in a manufacturing process; (employeur)
“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)
“marketing board” means a board as defined in the Natural Products Act that markets primary forest products; (office de commercialisation)
“offload” means to remove all or any portion of a load of primary forest products from a vehicle; (décharger)
“person” means a Minister of the Crown, a Crown corporation or another corporation, company, agency, body or person and includes a partnership, an association of individuals and an individual; (personne)
“private woodlot” means forest land owned by anyone other than the Crown or a person whose principal business is the utilization of primary forest products in a manufacturing process; (terrain boisé privé)
“receiver” means the owner or other person in charge of any mill, other place of business or other location where a primary forest product is offloaded; (réceptionnaire)
“regulated area” means a regulated area as defined in the Forest Products Marketing Plan Regulation - Natural Products Act; (zone réglementée)
“tractor” means a road tractor or a truck tractor as defined in the Motor Vehicle Act; (tracteur)
“transportation certificate” means a transportation certificate required to be possessed, produced or delivered under the Act; (certificat de transport)
“unladen mass” means the unladen mass of a vehicle as shown on its vehicle registration certificate. (masse à vide)
2004-93; 2023-30
Content of transportation certificates
3(1)If an operator of a vehicle to whom subsection 2(1) of the Act applies is operating a vehicle with an unladen mass of 2 500 kg or greater, the transportation certificate that the operator is required to possess shall be in an approved form and shall, in order to be accurately completed,
(a) contain the following information in the spaces provided:
(i) the source of the primary forest product and, if the source of the primary forest product is a private woodlot in the Province, the Service New Brunswick parcel identifier number for the private woodlot;
(ii) the species and type of primary forest product;
(iii) the name of the operator of the vehicle carrying the primary forest product;
(iv) the licence plate number of the vehicle carrying the primary forest product;
(v) the date and time when the primary forest product is loaded;
(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;
(vii) the signature of the operator of the vehicle;
(viii) when the primary forest product is offloaded, the date;
(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
(x) any additional information the Minister or the Commission may require under subsection (3), and
(b) comply with any requirements imposed by the Minister or the Commission under subsection (3).
3(2)If an operator of a vehicle to whom subsection 2(1) of the Act applies is operating a vehicle with an unladen mass of less than 2 500 kg, the transportation certificate that he or she is required to possess may be handwritten and shall, in order to be accurately completed,
(a) contain the following information:
(i) the source of the primary forest product and, if the source of the primary forest product is a private woodlot in the Province, the Service New Brunswick parcel identifier number for the private woodlot;
(ii) the species and type of primary forest product;
(iii) the name of the operator of the vehicle carrying the primary forest product;
(iv) the licence plate number of the vehicle carrying the primary forest product;
(v) the date and time when the primary forest product is loaded;
(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;
(vii) the signature of the operator of the vehicle; and
(viii) any additional information the Minister or the Commission may require under subsection (3), and
(b) comply with any requirements imposed by the Minister or the Commission under subsection (3).
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.
2004-93; 2011-38; 2023-30
Approval of transportation certificates
2023-30
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.
2023-30
Approval of mobile applications
2023-30
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).
2023-30
Conditions of use of transportation certificates
2023-30
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.
2023-30
Document holder and transportation certificates in locked format
2011-38; 2023-30
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.
2011-38; 2023-30
Books of transportation certificates
4(1)The Minister may distribute books of transportation certificates that comply with the requirements of subsection 3(1) to persons at regional offices of the Department of Natural Resources and Energy Development, points on the boundary of the Province where vehicles carrying primary forest products may enter and any other person in the Province who, in the opinion of the Minister, is an appropriate person to issue the books of transportation certificates to those individuals who are required to possess, produce or deliver them.
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.
4(2)A person to whom books of transportation certificates have been distributed under subsection (1) shall, when issuing a book to an individual,
(a) require the individual to produce identification that is satisfactory to the issuer of the book, and
(b) make and keep a record, in accordance with the directions of the Minister, identifying the individual and containing any other information required by the Minister.
4(3)Notwithstanding subsection (2), a person to whom books of transportation certificates have been distributed under subsection (1) may issue a book to an individual acting as the agent of another person if
(a) the agent produces identification that is satisfactory to the issuer of the book, and
(b) the issuer of the book makes and keeps a record, in accordance with the directions of the Minister, identifying the individual and containing any other information required by the Minister.
2004, c.20, s.63; 2011-38; 2016, c.37, s.191; 2019, c.29, s.214
Books of transportation certificates
5(1)Subject to subsection 6(1.2), a marketing board may issue books of transportation certificates to those individuals who are required to possess, produce or deliver them.
5(2)When issuing a book of transportation certificates to an individual under subsection (1), a marketing board shall
(a) require the individual to produce identification that is satisfactory to the marketing board, and
(b) make and keep a record, in accordance with the directions of the Minister, identifying the individual and containing any other information required by the Minister.
5(3)Notwithstanding subsection (1), a marketing board may issue a book of transportation certificates to an individual acting as the agent of another person if
(a) the agent produces identification that is satisfactory to the marketing board, and
(b) the marketing board makes and keeps a record, in accordance with the directions of the Minister, identifying the individual and containing any other information required by the Minister.
2023-30
Copies of books of transportation certificates
2011-38
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.
2011-38
Books of transportation certificates
2023-30
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.
2023-30
Remittance of books of transportation certificates to issuer
6(1)A person for whom a book of transportation certificates has been issued under subsection 4(2) or (3) shall
(a) when the book is completely filled out or, as directed by the Minister, when it is unused or partially used, regardless of the number of the book’s transportation certificates that may be missing or cancelled, remit it to the location from which it was issued, in accordance with any directions established by the Minister, and
(b) account to an appropriate person at that location for any of the book’s transportation certificates that are missing or cancelled.
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.
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).
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.
2011-38; 2023-30
Monthly report to the New Brunswick Forest Products Commission
2011-38
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.
2011-38
Annual report to the New Brunswick Forest Products Commission
2011-38
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 using a public highway without the primary forest product being offered for sale.
2011-38; 2023-30
Accounting for transportation certificates
7A person who has issued any books of transportation certificates under subsection 4(2), 4(3), 5(1) or 5(3) shall, in accordance with the directions of the Minister, account in a transportation certificate listing report to the Minister
(a) periodically, for all missing and cancelled transportation certificates in a book, and
(b) not later than April 30 in each year, for all transportation certificates in a book.
Establishment of requirements by employer
8(1)Notwithstanding any other provision of this Regulation except subsection (3), an employer may, for books of transportation certificates and transportation certificates used or to be used by employees of that employer, establish the requirements and directions applying to their
(a) distribution,
(b) issuance,
(c) remittance to their issuer, and
(d) accounting for to their issuer.
8(2)Any requirements and directions established under subsection (1) shall apply to those books of transportation certificates and transportation certificates referred to in subsection (1) instead of any requirements and directions that may be established by the Minister under sections 4 to 7.
8(3)Subsections (1) and (2) do not apply to books of transportation certificates and transportation certificates used or to be used in relation to primary forest products originating from Crown Lands.
8(4)Subsection 6(2) does not apply to an employee in relation to a book of transportation certificates issued to the employee by his or her employer under the authority of subsection (1).
2023-30
Replacement of operator or tractor
9(1)If the operator of a vehicle carrying primary forest products changes during a trip, and before all of the primary forest products have been removed from the vehicle, the original operator shall deliver the original transportation certificate to the subsequent operator, who shall add his or her name to the transportation certificate and shall assume the responsibilities of the original operator under the Act and this Regulation.
9(2)If the tractor of a vehicle carrying primary forest products is replaced during a trip, and before all of the primary forest products have been removed from the vehicle, the operator of the vehicle shall add the licence plate number of the replacement tractor to the original transportation certificate and continue to carry it in the replacement tractor.
2004-93
Remittance of transportation certificates
10(1)A receiver who receives a transportation certificate from the operator of a vehicle shall
(a) sign the transportation certificate upon receiving it,
(b) make a record, in accordance with any directions established by the Minister, of the information on the transportation certificate and on the related scale bill, and
(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.
10(2)If all of the primary forest products being carried by a vehicle, to which subsection 2(1) of the Act applies, are not offloaded within the Province, the operator of the vehicle when the primary forest products are taken out of the Province shall
(a) make a record, in accordance with any directions established by the Minister, of the information on the transportation certificate and on the related scale bill, and
(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.
10(3)A person to whom transportation certificates and related scale bills are remitted under subsection (1) or (2) shall provide transportation certificate reports and volume information
(a) to the person designated by the Minister,
(b) in the manner established by the Minister,
(c) with the frequency established by the Minister, and
(d) in accordance with any other directions established by the Minister.
10(4)A person who violates or fails to comply with paragraph (1)(a), (1)(b), (1)(c), (2)(a) or (2)(b) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
2004-93; 2011-38; 2023-30
Copies of transportation certificates and scale bills
2011-38
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.
2011-38
Giving of information
11The Minister may give any information contained on transportation certificates or in other records, reports or documentation related to transportation certificates to any person, if that information is given for the purposes of the Act and this Regulation.
Commencement
12This Regulation comes into force on April 15, 2002.
N.B. This Regulation is consolidated to May 18, 2023.