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Chapter	Title
92-114	Arbitration

1The following definitions apply in this Act.

“biomass” includes residual treetops, branches, foliage, non-merchantable woody stems, flail chipping residue and any 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 Chair. (membre)

“Minister” means the Minister of Natural Resources and Energy Development and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“primary forest products” means(produits forestiers bruts)ou(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, cooperatives 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)

R.S.1973, c.F-21, 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; 2016, c.37, s.80; 2019, c.29, s.181

Administration

2The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

R.S.1973, c.F-21, s.2

New Brunswick Forest Products Commission

3(1)There is established a Commission called the “New Brunswick Forest Products Commission” consisting of a Chair and six members who shall be appointed by the Lieutenant-Governor in Council as follows:

(a) a Chair as recommended by the Minister;

(b) two members representing the producers;

(c) two members representing the forest industries of New Brunswick;

(d) two members representing the Department of Natural Resources and Energy Development.

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)The Lieutenant-Governor in Council shall fix the remuneration and allowances of each member.

R.S.1973, c.F-21, 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; 2016, c.37, s.80; 2019, c.29, s.181

Replacement of members of Commission

4(1)A vacancy in the Commission shall be filled by the Lieutenant-Governor in Council.

4(2)Despite the expiration of his or her term, a member shall continue to be a member until he or she is replaced.

4(3)The provisions of this Act apply to the appointment to replace another member, but when 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 or her duties due to incapacity, incompetence, absence or for any other reason, that member may be removed as a member by the Lieutenant-Governor in Council and another shall be appointed in his or her place.

R.S.1973, c.F-21, s.4

Commission a corporation

5The Commission is a corporation with its head office at The City of Fredericton.

R.S.1973, c.F-21, ss.5(1)

Quorum and procedure at meetings

6(1)Subject to subsections (2) and (3) and with the approval of the Lieutenant-Governor in Council, the Commission may adopt the rules and procedures that it considers advisable.

6(2)Five members constitute a quorum.

6(3)All matters for decision by the members shall be decided by majority vote, and in the event of a tie the Chair shall have a casting vote.

R.S.1973, c.F-21, ss.5(2), (3), (4)

Chair of Commission

7(1)The Chair shall convene and preside at all meetings of the Commission.

7(2)In the event of the absence of the Chair from any meeting or in the event of the Chair’s inability or refusal to act, the members may elect an acting Chair who shall in all respects assume the duties and powers of the Chair.

R.S.1973, c.F-21, s.6

Participation in meetings by telephone

8A 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 a member participating in a meeting by those means shall be deemed to be present at that meeting.

2007, c.25, s.3

Secretary of Commission

9The Minister may appoint a secretary to the Commission who shall be paid the remuneration and allowances that the Lieutenant-Governor in Council determines.

R.S.1973, c.F-21, s.7

Object of Commission

10The 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.

R.S.1973, c.F-21, s.8; 2007, c.25, s.4

Duties of Commission

11The 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,

(c) to administer the negotiation process between the Producer Associations and their agents,

(d) to act as conciliator when requested in disputes arising between a Producer Association and a consumer of primary forest products,

(e) to conduct inquiries on the following matters with respect to primary forest products:

(i) the cost of production, distribution and transportation;

(ii) prices, markets and systems of classification; and

(iii) any other matter related to marketing,

(f) to investigate complaints in relation to the marketing of primary forest products,

(g) to be informed regarding developments in the harvesting and marketing of primary forest products, and

(h) to recommend to the Minister the institution of those marketing controls that appear necessary or advisable.

R.S.1973, c.F-21, s.9; 2007, c.25, s.5

Powers of investigation

12(1)For the purposes of an investigation under the provisions of this Act, the Commission may delegate its powers to any other person.

12(2)For the purposes of an investigation under the provisions of this Act, the Commission or other person authorized to conduct the investigation has 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.

R.S.1973, c.F-21, s.10; 2007, c.36, s.22

Appointment of inspectors and other officers

13The Commission may appoint inspectors and any other officers required for the carrying out of the provisions of this Act.

R.S.1973, c.F-21, s.11

Report to Commission

14(1)For the purposes of this Act, the Commission or its representatives may examine the accounts and records with respect to forest operations or wood fibre products of a forest industry or a consumer.

14(2)In the form and within the time that the Commission determines, all forest industries, consumers and producers shall make any report that the Commission considers necessary for the purposes of this Act.

14(3)A person commits an offence who

(a) fails to make a report when required under this Act or the regulations, or

(b) knowingly makes a false statement in a report.

R.S.1973, c.F-21, s.12; 1990, c.61, s.54

Purchases of primary forest products by Crown timber licensees

15After an investigation and report by the Commission and on the advice of the Minister, if the Lieutenant-Governor in Council is satisfied that a consumer holding a Crown timber licence, Crown timber sub-licence 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, despite the Crown Lands and Forests Act, may make any order and take any action respecting the use of Crown Lands by that consumer or any other person that the Lieutenant-Governor in Council 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 that order.

R.S.1973, c.F-21, s.13; 1979, c.28, s.2; 1981, c.29, s.1

Additional powers of Commission

16By an Order in Council, the Lieutenant-Governor in Council may vest in the Commission the following additional powers:

(a) the power to establish a voluntary management program respecting private woodlots; and

(b) the power to establish marketing procedures for primary forest products cut from managed private woodlots.

R.S.1973, c.F-21, s.14

Offences and penalties

17(1)A person who violates or fails to comply with a provision of the regulations commits an offence that is, subject to subsection (2), punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.

17(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 19(a) commits an offence of the category prescribed by regulation.

17(3)A person who violates or fails to comply with paragraph 14(3)(a) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

17(4)A person who violates or fails to comply with paragraph 14(3)(b) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

R.S.1973, c.F-21, s.15; 1990, c.61, s.54

Prohibition respecting orders under the Natural Products Act

18(1)The following definitions apply in this section.

“board” means any forest products board established under the Natural Products Act and includes a Producer Association. (office)

“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. (transformateur)

18(2)Despite paragraphs 102(c) and (d) of the Natural Products Act, the Commission shall not make orders under those paragraphs with respect to a board.

18(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

19The Lieutenant-Governor in Council may make regulations

(a) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;

(b) for the better administration of this Act.

R.S.1973, c.F-21, s.16; 1990, c.61, s.54

N.B. This Act was proclaimed and came into force March 1, 2013.

N.B. This Act is consolidated to December 20, 2019.

2012, c.105 - Forest Products Act

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