Acts and Regulations

F-21 - Forest Products Act

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Repealed on 1 March 2013
CHAPTER F-21
Forest Products Act
Repealed: R.S.N.B. 2012, Schedule A
Definitions
1In this Act
“biomass” includes residual treetops, branches, foliage, non-merchantable woody stems, flail chipping residue and such other residual products of the forest that are above ground;(biomasse)
“Commission” means the New Brunswick Forest Products Commission;(Commission)
“consumer” means the individual or firm that acquires primary forest products for manufacture or sale;(consommateur)
“forest industries” means all persons or corporations engaged in the manufacturing, or processing of primary forest products;(industries forestières)
“marketing” means the distribution of goods and services involved in the buying and selling of primary forest products;(commercialisation)
“member” means a member of the Commission and includes the Chairman;(membre)
“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“primary forest products” means(produits forestiers de base)
(a) any unmanufactured product of forest trees of hardwood or softwood species, and
(b) wood chips and biomass produced at or on the harvest site,
but does not include
(c) coniferous trees cut for sale as Christmas trees, and
(d) products from the sap of maple trees;
“private woodlot” means all forest land except: (terrain boisé privé)
(a) forest land owned by the Crown;
(b) forest land owned by a person whose principal business is the operation of a wood processing facility, unless the main function of the wood processing facility is the production of wood chips and biomass at or on the harvest site; and
(c) forest land consisting of an aggregate area of at least 100 000 ha which is owned by the same person or persons;
“producer” means a person who produces primary forest products for sale from a private woodlot;(producteur)
“Producer Association” includes marketing boards, co-operatives and other associations established for the marketing of primary forest products;(association de producteurs)
“purchased” means the acquisition of wood fibre from sources not under the direct control or ownership of the consumer;(acheté)
“wood fibre” means the plant tissue contained in trees or woody shrubs.(fibre de bois)
1971, c.5, s.1; 1979, c.28, s.1; 1985, c.48, s.1; 1986, c.8, s.51; 2004, c.20, s.31; 2007, c.25, s.1; 2011, c.8, s.1
Administration
2The Minister shall administer this Act and may designate persons to act on his behalf.
1971, c.5, s.2
New Brunswick Forest Products Commission
3(1)There is hereby established a Commission to be known as the “New Brunswick Forest Products Commission” consisting of a chairman and six members who shall be appointed by the Lieutenant-Governor in Council as follows:
(a) a chairman as recommended by the Minister;
(b) two members representing the producers;
(c) two members representing the forest industries of New Brunswick;
(d) Repealed: 2007, c.25, s.2
(e) two members representing the Department of Natural Resources.
3(2)The members shall be appointed by the Lieutenant-Governor in Council to hold office at pleasure as follows:
(a) the term of office of the members representing the producers and forest industries shall be for a period not exceeding three years each;
(b) the term of office of the other members shall be for a period not exceeding five years each.
3(3)Repealed: 2007, c.25, s.2
3(4)The Lieutenant-Governor in Council shall fix the remuneration and allowances of each member.
1971, c.5, s.3; 1986, c.8, s.51; 1996, c.25, s.16; 2000, c.26, s.142; 2004, c.20, s.31; 2007, c.10, s.44; 2007, c.25, s.2
Replacement of members of Commission
4(1)Any vacancy in the Commission shall be filled by the Lieutenant-Governor in Council.
4(2)Notwithstanding the expiration of his term a member shall continue to be a member until he is replaced.
4(3)The provisions of this Act apply to the appointment to replace another member, but where a new member is appointed to replace another member whose term has not expired the new member shall be appointed initially for the remainder of the unexpired term only.
4(4)If a member is unable or unwilling to perform his duties due to incapacity, incompetence, absence or for any other reason whatsoever, he may be removed as a member by the Lieutenant-Governor in Council and another shall be appointed in his place.
1971, c.5, s.4
Quorum and procedure at meetings
5(1)The Commission shall be a body corporate with head office at the City of Fredericton.
5(2)Subject to subsections (3) and (4) and with the approval of the Lieutenant-Governor in Council, the Commission may adopt such rules and procedures as they consider advisable.
5(3)Five members constitute a quorum.
5(4)All matters for decision by the members shall be decided by majority vote and in the event of a tie the Chairman shall have a casting vote.
1971, c.5, s.5
Quorum and procedure at meetings
6(1)The Chairman shall convene and preside at all meetings of the Commission.
6(2)In the event of the absence of the Chairman from any meeting or in the event of his inability or refusal to act the members may elect an acting Chairman who shall in all respects assume the duties and powers of the Chairman.
1971, c.5, s.6
Participation in meetings by telephone
6.1Any member may participate in a meeting of the Commission by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other, and any member participating in a meeting by those means shall be deemed to be present at that meeting.
2007, c.25, s.3
Secretary
7The Minister may appoint a secretary to the Commission who shall be paid such remuneration and allowances as the Lieutenant-Governor in Council shall determine.
1971, c.5, s.7
Objects of Commission
8The objects of the Commission are
(a) to encourage and facilitate the achievement of expanding markets and equitable prices for both the producer and consumer of purchased primary forest products, and
(b) to encourage and facilitate the optimum utilization of private woodlot resources.
1971, c.5, s.8; 2007, c.25, s.4
Duties of Commission
9The duties of the Commission are
(a) to examine and consider data relevant to the production and sale of purchased primary forest products,
(b) to facilitate meaningful dialogue between producers and consumers,
(b.1) to administer the negotiation process between the Producer Associations and their agents,
(c) to act as conciliator when requested in disputes arising between a Producer Association and a consumer of primary forest products,
(d) to conduct inquiries as to
(i) the cost of production, distribution and transportation,
(ii) prices, markets and systems of classification, and
(iii) any other matter related to marketing,
of primary forest products,
(e) to investigate complaints in relation to the marketing of primary forest products,
(f) to be informed regarding developments in the harvesting and marketing of primary forest products, and
(g) to recommend to the Minister the institution of such marketing controls as may appear necessary or advisable.
1971, c.5, s.9; 2007, c.25, s.5
Powers of investigation
10(1)For the purposes of an investigation under the provisions of this Act the Commission may delegate its powers to any other person.
10(2)The Commission, or other person so authorized to conduct an investigation under the provisions of this Act has, for the purposes of such investigation, all the powers and privileges conferred on commissioners appointed under the provisions of the Inquiries Act, and all the provisions of that Act when applicable to and not inconsistent with the provisions of this Act, shall apply to this Act.
10(3)Repealed: 2007, c.36, s.22
1971, c.5, s.10; 2007, c.36, s.22
Appointment of inspectors
11The Commission may appoint inspectors and any other officers required for the carrying out of the provisions of this Act.
1971, c.5, s.11
Report to Commission
12(1)The Commission or its representatives may, for the purposes of this Act, examine the accounts and records with respect to forest operations or wood fibre products of any forest industries or consumer.
12(2)All forest industries, consumers and producers shall make, in such form and within such time as may be determined by the Commission, any report deemed necessary by the Commission for the purposes of this Act.
12(3)A person who
(a) fails to make a report when required under this Act or the regulations, or
(b) knowingly makes any false statement in a report,
commits an offence.
1971, c.5, s.12; 1990, c.61, s.54
Purchases of primary forest products by crown timber licensees
13Where, after an investigation and report by the Commission and upon the advice of the Minister, the Lieutenant-Governor in Council is satisfied that a consumer holding a Crown timber license, Crown timber sub-license or Crown timber permit under the Crown Lands and Forests Act has failed to negotiate in good faith with a Producer Association for the purchase of primary forest products offered for sale by the Producer Association, after being requested by the Producer Association to negotiate for a contract of purchase and sale specifying, among its terms, price, quantities and delivery schedules and containing reasonable assurances with respect to future supplies on a regular basis, the Lieutenant-Governor in Council may, notwithstanding the Crown Lands and Forests Act, make such order and take such action respecting the use of Crown Lands by that consumer or any other person as he considers necessary to reduce the allocation of wood from Crown Lands to that consumer, and may direct the Minister to carry out the terms of any such order.
1973, c.38, s.1; 1979, c.28, s.2; 1981, c.29, s.1
Additional powers of Commission
14The Lieutenant-Governor in Council may by Order in Council vest in the Commission the following additional powers:
(a) to establish a voluntary Management Program respecting private woodlots;
(b) to establish marketing procedures for primary forest products cut from managed private woodlots.
1971, c.5, s.13
Offences and penalties
15(1)A person who violates or fails to comply with any provision of the regulations commits an offence that is, subject to subsection (4), punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
15(2)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 16(a) commits an offence of the category prescribed by regulation.
15(3)A person who violates or fails to comply with paragraph 12(3)(a) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
15(4)A person who violates or fails to comply with subsection 10(3) or paragraph 12(3)(b) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
1971, c.5, s.14; 1990, c.61, s.54
Definitions
15.1(1)In this section
“board” means any forest products board established under the Natural Products Act and includes a Producer Association;
“local board” Repealed: 1999, c.N-1.2, s.117
“processor” means a person who changes the form of primary forest products by mechanical means and markets the primary forest products so altered and includes a consumer.
Prohibition respecting orders under the Natural Products Act
15.1(2)Notwithstanding paragraphs 102(c) and (d) of the Natural Products Act, the Commission shall not make orders under those paragraphs with respect to a board.
Regulations
15.1(3)The Lieutenant-Governor in Council may make regulations
(a) prohibiting any or all of the matters referred to in paragraph 102(a) of the Natural Products Act as they apply to a board from being referred to arbitration;
(b) providing the Commission with discretion to refer or not to refer to arbitration any of the matters referred to in paragraph 102(a) of the Natural Products Act as they apply to a board and that have not been prohibited under paragraph (a);
(c) respecting the arbitration of disputes arising between boards and processors in relation to primary forest products.
1992, c.27, s.1; 1999, c.N-1.2, s.117
Regulations
16The Lieutenant-Governor in Council may make regulations
(a) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;
(b) for the better administration of this Act.
1971, c.5, s.15; 1990, c.61, s.54
N.B. This Act is consolidated to March 1, 2013.