Acts and Regulations

2003-83 - Hog Plan and Levies

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2003-83
under the
Natural Products Act
(O.C. 2003-381)
Filed November 27, 2003
Under section 18, on the recommendation of the Minister, and sections 27, 37 and 104 of the Natural Products Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Hog Plan and Levies Regulation - Natural Products Act.
Definitions
2In this Regulation
“Act” means the Natural Products Act; (Loi)
“Board” means Porc NB Pork; (Office)
“hog” means an animal of the porcine species; (porc)
“Plan” means the plan set out in Part I; (Plan)
“regulated area” means the area specified in section 6; (zone réglementée)
“regulated product” means the farm product specified in section 5. (produit réglementé)
I
PLAN
Purpose of Part
3(1)The purpose of this Part is to establish a plan for the board established for the purposes set out in section 8.
3(2)The Plan replaces the plan in New Brunswick Regulation 84-90 under the Farm Products Marketing Act.
Application of Plan
4The Plan applies to all persons engaged in marketing or in producing and marketing the regulated product in the regulated area.
Regulated product
5For the purposes of this Regulation, the regulated product is hogs.
Regulated area
6For the purposes of this Regulation, the regulated area is the Province.
Board
7(1)The name of the board is changed from the New Brunswick Hog Marketing Board to Porc NB Pork.
7(2)Any reference to the New Brunswick Hog Marketing Board in any other regulation or in any Act, rule, order, by-law, agreement or other instrument or document shall be read as a reference to Porc NB Pork unless the context otherwise requires.
7(3)Any order, rule, by-law, resolution, decision, direction, determination or agreement made by the New Brunswick Hog Marketing Board shall be deemed to have been made by Porc NB Pork and continues in force unless any succeeding order, rule, by-law, resolution, decision, direction, determination or agreement otherwise directs.
Purposes for establishment of Board
8The purposes for which the Board is established are:
(a) the promotion, control and regulation within the regulated area of the marketing of the regulated product;
(b) the promotion, control and regulation within the regulated area of the production of the regulated product;
(c) the promotion of the consumption and use of the regulated product; and
(d) research activities pertaining to the regulated product.
Mission statement and strategic objectives of Board
9The mission statement and strategic objectives of the Board are:
(a) through communications, advocacy, liaison, research and education, to represent hog producers to government, other sectors of the hog industry, consumers and the public, with respect to all matters concerning the production and marketing of the regulated product; and
(b) to promote the development of a prosperous hog industry through the production and sale of high quality products.
Financing
10The levies and charges authorized to be imposed under this Regulation shall be used to finance the operation of the Plan.
II
POWERS OF BOARD
Powers of Board
11The following powers are vested in the Board:
(a) to prohibit the marketing or the production and marketing, in whole or in part, of the regulated product;
(b) to market the regulated product;
(c) to regulate the time and place at which, and to designate the body by or through which, the regulated product shall be marketed or produced and marketed;
(d) to regulate the manner in which the regulated product may be marketed or produced and marketed;
(e) to require any and all persons before commencing or continuing in the marketing or the production and marketing of the regulated product to register with and obtain licences from the Board, and to prohibit any person from marketing or producing and marketing the regulated product without a licence;
(f) to fix and collect periodic licence fees or charges for services rendered by the Board from any and all persons marketing or producing and marketing the regulated product, and for this purpose to classify such persons into groups, and fix the licence fees and charges or either of them payable by the members of the different groups in different amounts, and to recover any such licence fees and charges or either of them in any court of competent jurisdiction;
(g) to suspend or cancel a licence for violation of any provision of the Act, the Plan, a regulation or any order of the Board and to reinstate a licence that has been suspended or cancelled;
(h) to fix the price or prices, maximum price or prices, or both maximum and minimum prices at which the regulated product, or any grade or class of it, may be bought or sold in the Province, and to fix different prices for different parts or areas of the Province;
(i) to require the price or prices payable or owing to persons for the regulated product to be paid to or through the Board and to recover such price or prices in a court of competent jurisdiction;
(j) to require any person who produces the regulated product to offer to sell and to sell the regulated product to or through the Board;
(k) to use, in carrying out the purposes of the Plan and paying the expenses of the Board, any money received by the Board;
(l) to require any person who receives the regulated product to deduct from the money payable for the regulated product any licence fee or charge referred to in paragraph (f) that is payable to the Board by the person marketing or producing and marketing the regulated product received and to forward that licence fee or charge to the Board or its agent designated for that purpose;
(m) to undertake and assist in the promotion of the consumption and use of the regulated product, the improvement of the quality and variety of the regulated product and the publication of information in relation to the regulated product;
(n) to undertake or to engage other persons to conduct research activities with respect to, and advertise and promote in any other manner, the regulated product;
(o) to cooperate with any Canadian Board or Provincial Board to regulate the marketing of the regulated product of the Province and to act conjointly with the Canadian Board or Provincial Board for such purposes;
(p) to make such orders as are considered by the Board necessary or advisable to regulate effectively the marketing or the production and marketing of the regulated product or to exercise any power vested in the Board; and
(q) the powers of a corporation under the Business Corporations Act and, subject to the Act, in the exercise of such powers the members of the Board shall be deemed to be its shareholders and directors.
2023, c.2, s.192
III
LEVIES AND CHARGES
Levies and charges
12(1)The Board is authorized:
(a) to fix levies or charges and to impose them on and collect them from persons engaged in the marketing or the production and marketing of the whole or any part of the regulated product;
(b) for the purposes of paragraph (a), to classify the persons referred to in that paragraph into groups and fix the levies or charges payable by the members of the different groups in different amounts; and
(c) to use the levies or charges under paragraph (a) for the purposes of the Board, including
(i) the creation of reserves,
(ii) the payment of expenses and losses resulting from the sale or disposal of the regulated product,
(iii) the equalization or adjustment among producers of the regulated product of money realized from the sale of the regulated product during such period or periods of time as the Board may determine, and
(iv) promotion and research activities.
12(2)Any person who receives the regulated product shall deduct from the money payable for the regulated product any levies or charges payable to the Board by the person engaged in the marketing or the production and marketing of the regulated product received and shall forward such levies or charges to the Board or its agent designated for that purpose.
IV
REPEAL
Repeal
13New Brunswick Regulation 84-90 under the Farm Products Marketing Act and New Brunswick Regulation 83-37 under the Farm Products Boards and Marketing Agencies Act are repealed.
V
COMMENCEMENT
Commencement
14This Regulation comes into force on December 1, 2003.
N.B. This Regulation is consolidated to June 16, 2023.