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Acts and Regulations
2005-104
- Forest Products Marketing Boards Levies
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Document at 12 November 2008
NEW BRUNSWICK
REGULATION 2005-104
under the
Natural Products Act
(O.C. 2005-305)
Filed August 26, 2005
Under sections 37 and 39 of the
Natural Products Act
, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1
This Regulation may be cited as the
Forest Products Marketing Boards Levies Regulation
-
Natural Products Act
.
Definitions
2
The following definitions apply in this Regulation.
“board”
means a board established under
(office)
(
a
)
the
Carleton-Victoria Forest Products Marketing Plan Regulation - Natural Products Act
,
(
b
)
the
Madawaska Forest Products Marketing Plan Regulation - Natural Products Act
,
(
c
)
the
North Shore Forest Products Marketing Plan Regulation - Natural Products Act
,
(
d
)
the
Northumberland County Forest Products Marketing Plan Regulation - Natural Products Act
,
(
e
)
the
South East New Brunswick Forest Products Marketing Plan Regulation - Natural Products Act
,
(
f
)
the
Southern New Brunswick Forest Products Marketing Plan Regulation - Natural Products Act
, and
(
g
)
the
York-Sunbury-Charlotte Forest Products Marketing Plan Regulation - Natural Products Act
.
“regulated area”
means the area described as the regulated area in the regulation under which the board is established.
(zone réglementée)
“regulated product”
means a primary forest product produced on private woodlots within a regulated area.
(produit réglementé)
2005-149; 2006-84
Levies or charges in relation to marketing
3
(1)
A board is authorized, in relation to the marketing or the production and marketing of the regulated product locally within the Province,
(
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 such 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 persons engaged in the marketing or the production and marketing 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.
3
(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 forward such levies or charges to the board or its agent designated for that purpose by the fifteenth day of the month following receipt of the regulated product.
2005-149
Levies or charges in relation to development, conservation and management
4
(1)
A board is authorized, in relation to the development, conservation and management of forestry resources on private woodlots in the Province
(
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 regulated product;
(
b
)
for the purposes of paragraph (
a
), to classify the persons referred to in paragraph (
a
) 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 implementing and administering forest management programs on private woodlots.
4
(2)
Any person who receives a 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 to forward such levies or charges to the board or its agent designated for that purpose by the fifteenth day of the month following receipt of the regulated product.
Declaration with respect to the regulated product
5
Any person who markets the regulated product shall provide the person who receives the regulated product, at the time of delivery, a declaration with respect to the regulated product containing the following:
(
a
)
the Service New Brunswick parcel identifier number for the private woodlot that is the source of the regulated product;
(
b
)
the species, the volume and specifications of the regulated product;
(
c
)
the name of the operator of the vehicle carrying the regulated product;
(
d
)
the licence plate number of the vehicle carrying the regulated product;
(
e
)
the date and time when the regulated product is loaded;
(
f
)
the destination of the regulated product;
(
g
)
the signature of the operator of the vehicle.
Repeal
6
New Brunswick Regulation 98-62 under the Farm Products Boards and Marketing Agencies Act is repealed.
Commencement
7
This Regulation comes into force on September 1, 2005.
N.B.
This Regulation is consolidated to December 15, 2006.
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