Acts and Regulations

2014-1 - New Brunswick Forest Products Marketing Plan

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Document at 23 February 2021
NEW BRUNSWICK
REGULATION 2014-1
under the
Natural Products Act
(O.C. 2014-1)
Filed January 17, 2014
Under section 18, on the recommendation of the Minister, and sections 27 and 104 of the Natural Products Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the New Brunswick Forest Products Marketing Plan Regulation - Natural Products Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Natural Products Act. (Loi)
“Board” means a forest products marketing board specified in subsection 3(1). (Office)
“Plan” means any of the plans established under this Regulation. (plan)
“regulated area” means an area specified in section 6. (zone réglementée)
“regulated product” means the farm product specified in section 5. (produit réglementé)
Purpose
3(1)The purpose of this Regulation is to establish a separate plan for each of the following forest products marketing boards:
(a) the Carleton-Victoria Forest Products Marketing Board;
(b) the Madawaska Forest Products Marketing Board;
(c) the North Shore Forest Products Marketing Board;
(d) the Northumberland County Forest Products Marketing Board;
(e) the South East New Brunswick Forest Products Marketing Board;
(f) the Southern New Brunswick Forest Products Marketing Board; and
(g) the York-Sunbury-Charlotte Forest Products Marketing Board.
3(2)Plans established under this Regulation replace the plans established in the following regulations:
(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.
Application of Plan
4A Plan applies to all persons engaged in marketing or in producing and marketing the regulated product in a regulated area.
Regulated product
5For the purposes of this Regulation, the regulated product is a primary forest product produced on a private woodlot within a regulated area.
Regulated areas
6(1)The regulated area for the Carleton-Victoria Forest Products Marketing Board is Carleton County and Victoria County, with the exception of the parish of Drummond in Victoria County.
6(2)The regulated area for the Madawaska Forest Products Marketing Board is Madawaska County and the parish of Drummond in Victoria County.
6(3)The regulated area for the North Shore Forest Products Marketing Board is Restigouche County, Gloucester County and the parish of Alnwick in Northumberland County.
6(4)The regulated area for the Northumberland County Forest Products Marketing Board is Northumberland County, with the exception of the parishes of Alnwick and Rogersville.
6(5)The regulated area for the South East New Brunswick Forest Products Marketing Board is the parish of Rogersville in Northumberland County, Kent County and Westmorland County with the exception of the parish of Salisbury in Westmorland County.
6(6)The regulated area for the Southern New Brunswick Forest Products Marketing Board is Albert County, Kings County, Queens County, Saint John County and the parish of Salisbury in Westmorland County.
6(7)The regulated area for the York-Sunbury-Charlotte Forest Products Marketing Board is York County, Sunbury County and Charlotte County.
Purposes for the establishment of a Board
7The purposes for which a Board is established are:
(a) the promotion, control and regulation within its regulated area of the marketing of the regulated product;
(b) the promotion within its regulated area of the production of the regulated product;
(c) the development, conservation and management of forestry resources on private woodlots in its regulated area; and
(d) the promotion of the consumption and use of the regulated product.
Mission statement and strategic objectives of a Board
8The mission statement and strategic objectives of a Board are:
(a) through communications, liaison, research and education, to represent people within its regulated area who market or produce and market the regulated product to other sectors of the forest industry, consumers and the public, with respect to all matters concerning the marketing or the production and marketing of the regulated product; and
(b) to promote the development and use of private woodlots within its regulated area as a dependable source of supply of high quality primary forest products for wood-using industries.
Powers of a Board
9The following powers are vested in a Board:
(a) to market the regulated product;
(b) to prohibit the marketing or the production and marketing, in whole or in part, of 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 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;
(e) 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 those 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 licence fees and charges or either of them in any court of competent jurisdiction;
(f) to suspend or cancel a licence for violation of any provision of the Act, the Plan, the regulation or any order of the Board and to reinstate a licence that has been suspended or cancelled;
(g) to require any person who produces the regulated product to offer to sell and to sell the regulated product to or through the Board;
(h) to prohibit any person from processing, packing or packaging any of the regulated product that has not been sold to, by or through the Board;
(i) to use, in carrying out the purposes of the Plan and paying the expenses of the Board, any money received by the Board;
(j) 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 (e) 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;
(k) to implement and administer forest management programs on private woodlots;
(l) 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;
(m) to undertake or engage other persons to advertise and promote the regulated product;
(n) to cooperate with any Canadian Board or Provincial Board to regulate the marketing of the regulated product and to act conjointly with the Canadian Board or Provincial Board for those purposes;
(o) to make the orders that 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
(p) the powers of a corporation under the Business Corporations Act and, subject to the Act, in the exercise of those powers the members of the Board shall be deemed to be its shareholders and directors.
Additional powers
10The following powers are vested in the Madawaska Forest Products Marketing Board:
(a) to regulate the manner in which the regulated product may be marketed or produced and marketed; and
(b) 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 regulated area, and to fix different prices for different parts or areas of the regulated area.
Repeals
11(1)New Brunswick Regulation 2005-105 under the Natural Products Act is repealed.
11(2)New Brunswick Regulation 2005-139 under the Natural Products Act is repealed.
11(3)New Brunswick Regulation 2005-141 under the Natural Products Act is repealed.
11(4)New Brunswick Regulation 2005-143 under the Natural Products Act is repealed.
11(5)New Brunswick Regulation 2005-145 under the Natural Products Act is repealed.
11(6)New Brunswick Regulation 2005-147 under the Natural Products Act is repealed.
11(7)New Brunswick Regulation 2006-85 under the Natural Products Act is repealed.
Commencement
12This Regulation comes into force on February 1, 2014.
N.B. This Regulation is consolidated to January 17, 2014.