Acts and Regulations

N-1.2 - Natural Products Act

Section 11
Disposition versions

Full text
Powers of Commission
11(1)The Commission has the following powers:
(a) to investigate, arbitrate, adjudicate upon, adjust or otherwise settle any dispute involving producers, agencies, boards, processors, distributors or transporters of farm products;
(b) to investigate the cost of producing, processing, distributing and transporting any farm product, prices, price spreads, trade practices, methods of financing, management, grading, policies and other matters relating to the marketing or the production and marketing of a farm product;
(c) to require persons engaged in the marketing or the production and marketing of a farm product, in the promotion of the consumption and use of a farm product, or in research activities pertaining to a farm product to register with the Commission, agency, board, a Crown corporation or another body or person the following information:
(i) their names;
(ii) their addresses;
(iii) the parcel identifier number or numbers assigned by Service New Brunswick to land used for the marketing or the production and marketing of a farm product, for the promotion of the consumption and use of a farm product or for research activities pertaining to a farm product or to land used for the disposal of a farm product;
(iv) their occupations; and
(v) any other information prescribed by regulation;
(d) to require persons engaged in the marketing, the production and marketing or the processing of a regulated product to furnish such information relating to the marketing, the production and marketing or the processing of the regulated product, including the completing and filing of reports or returns on a periodic basis or otherwise as the Commission or board determines;
(e) to require persons engaged in the promotion of the consumption and use of a farm product or in research activities pertaining to a farm product to furnish such information relating to such promotion and activities, including the completing and filing of reports or returns on a periodic basis or otherwise as the Commission or agency determines;
(f) to require the furnishing of security or proof of financial responsibility by any person engaged in the marketing of a regulated product and to provide for the administration and disposition of all money or securities so furnished;
(g) to cooperate with a marketing board, local board, commodity board, marketing commission or marketing agency of Canada or of any province in Canada for the purpose of the marketing, the production and marketing or the processing of any regulated product;
(h) to cooperate with a board, commission or agency of Canada or of any province in Canada for the purpose of promoting the consumption and use of any farm product or the purpose of research activities pertaining to any farm product; and
(i) to do such acts and make such orders and issue such directions not inconsistent with a plan or the regulations as are necessary to enforce the due observance and carrying out of the provisions of this Act, the regulations or any plan.
11(2)The Commission has the following additional powers in relation to the dairy industry and the dairy products trade:
(a) to establish or prescribe within the Province or within the limits of any area in the Province that it may designate, a price or scale of prices to be paid for fluid milk products or fluid cream products;
(b) to fix the rates and charges or the maximum and minimum or maximum or minimum rates or charges that a transporter is authorized to charge for the transportation of milk, the schedules and service that such a transporter must observe and provide, and the hours during which the transportation of milk is permissible;
(c) to supervise, control and regulate, in the Province, the purchase, transportation, handling, processing, preparation, storing, delivery, sale and distribution of milk or cream;
(d) to prescribe and define the rights, privileges, obligations and liabilities of transporters and shippers and receivers in relation to the carriage and delivery of milk or cream;
(e) to establish classifications for milk or cream based on the use made of the milk or cream by milk dealers and other persons processing milk or processing or manufacturing cream in the Province;
(f) to establish a price or the method of determining the price paid by milk dealers or other persons processing milk or processing or manufacturing cream in the Province for each classification of milk or cream established under paragraph (e);
(g) to prescribe the time within which payment of the price established under paragraph (f) shall be made;
(h) to regulate the manufacture, processing, distribution or sale of reconstituted milk;
(i) to prescribe the books of accounts, records and reports to be kept or made by any producer, milk dealer or transporter of milk;
(j) to prescribe the terms and conditions upon which milk or cream may be produced, received, handled, transported, stored, delivered, supplied, processed, kept for sale or sold, and to prescribe the method of determining the butterfat or other components of milk or cream;
(k) to provide that milk or cream shall be marketed by or through the Commission or the Dairy Farmers of New Brunswick, and to fix, impose and collect service charges to meet the expenses of marketing milk or cream;
(l) to require any person who produces milk to sell milk to or through the Commission or the Dairy Farmers of New Brunswick, and to prohibit any person from marketing milk otherwise than by or through the Commission or the Dairy Farmers of New Brunswick, as the case may be; and
(m) to conduct or to permit the Dairy Farmers of New Brunswick to conduct a pool for the distribution of money received from the sale of milk and
(i) after deducting all expenses, to distribute the remainder of the money so that the payment to each person entitled to share is based on the volume, components or other factors determined by the Commission or the Dairy Farmers of New Brunswick, as the case may be, of the milk supplied by the person and the amount of quota for the marketing of milk allotted to the person, and
(ii) to make an initial payment on delivery of milk and subsequent payments until the remainder of the money received from the sale is distributed.
11(3)Subject to this Act and the regulations, the Commission may make orders or issue directions in the exercise of any of its powers under subsection (1) or (2) or under any other provision of this Act or the regulations.
11(4)The Regulations Act does not apply to directions referred to in subsection (3).
2007, c.36, s.5; 2007, c.69, s.2
Powers of Commission
11(1)The Commission has the following powers:
(a) to investigate, arbitrate, adjudicate upon, adjust or otherwise settle any dispute involving producers, agencies, boards, processors, distributors or transporters of farm products;
(b) to investigate the cost of producing, processing, distributing and transporting any farm product, prices, price spreads, trade practices, methods of financing, management, grading, policies and other matters relating to the marketing or the production and marketing of a farm product;
(c) to require persons engaged in the marketing or the production and marketing of a farm product, in the promotion of the consumption and use of a farm product, or in research activities pertaining to a farm product to register with the Commission, agency, board, a Crown corporation or another body or person the following information:
(i) their names;
(ii) their addresses;
(iii) the parcel identifier number or numbers assigned by Service New Brunswick to land used for the marketing or the production and marketing of a farm product, for the promotion of the consumption and use of a farm product or for research activities pertaining to a farm product or to land used for the disposal of a farm product;
(iv) their occupations; and
(v) any other information prescribed by regulation;
(d) to require persons engaged in the marketing, the production and marketing or the processing of a regulated product to furnish such information relating to the marketing, the production and marketing or the processing of the regulated product, including the completing and filing of reports or returns on a periodic basis or otherwise as the Commission or board determines;
(e) to require persons engaged in the promotion of the consumption and use of a farm product or in research activities pertaining to a farm product to furnish such information relating to such promotion and activities, including the completing and filing of reports or returns on a periodic basis or otherwise as the Commission or agency determines;
(f) to require the furnishing of security or proof of financial responsibility by any person engaged in the marketing of a regulated product and to provide for the administration and disposition of all money or securities so furnished;
(g) to cooperate with a marketing board, local board, commodity board, marketing commission or marketing agency of Canada or of any province in Canada for the purpose of the marketing, the production and marketing or the processing of any regulated product;
(h) to cooperate with a board, commission or agency of Canada or of any province in Canada for the purpose of promoting the consumption and use of any farm product or the purpose of research activities pertaining to any farm product; and
(i) to do such acts and make such orders and issue such directions not inconsistent with a plan or the regulations as are necessary to enforce the due observance and carrying out of the provisions of this Act, the regulations or any plan.
11(2)The Commission has the following additional powers in relation to the dairy industry and the dairy products trade:
(a) to establish or prescribe within the Province or within the limits of any area in the Province that it may designate, a price or scale of prices to be paid for fluid milk products or fluid cream products;
(b) to fix the rates and charges or the maximum and minimum or maximum or minimum rates or charges that a transporter is authorized to charge for the transportation of milk, the schedules and service that such a transporter must observe and provide, and the hours during which the transportation of milk is permissible;
(c) to supervise, control and regulate, in the Province, the purchase, transportation, handling, processing, preparation, storing, delivery, sale and distribution of milk or cream;
(d) to prescribe and define the rights, privileges, obligations and liabilities of transporters and shippers and receivers in relation to the carriage and delivery of milk or cream;
(e) to establish classifications for milk or cream based on the use made of the milk or cream by milk dealers and other persons processing milk or processing or manufacturing cream in the Province;
(f) to establish a price or the method of determining the price paid by milk dealers or other persons processing milk or processing or manufacturing cream in the Province for each classification of milk or cream established under paragraph (e);
(g) to prescribe the time within which payment of the price established under paragraph (f) shall be made;
(h) to regulate the manufacture, processing, distribution or sale of reconstituted milk;
(i) to prescribe the books of accounts, records and reports to be kept or made by any producer, milk dealer or transporter of milk;
(j) to prescribe the terms and conditions upon which milk or cream may be produced, received, handled, transported, stored, delivered, supplied, processed, kept for sale or sold, and to prescribe the method of determining the butterfat or other components of milk or cream;
(k) to provide that milk or cream shall be marketed by or through the Commission or the Dairy Farmers of New Brunswick, and to fix, impose and collect service charges to meet the expenses of marketing milk or cream;
(l) to require any person who produces milk to sell milk to or through the Commission or the Dairy Farmers of New Brunswick, and to prohibit any person from marketing milk otherwise than by or through the Commission or the Dairy Farmers of New Brunswick, as the case may be; and
(m) to conduct or to permit the Dairy Farmers of New Brunswick to conduct a pool for the distribution of money received from the sale of milk and
(i) after deducting all expenses, to distribute the remainder of the money so that the payment to each person entitled to share is based on the volume, components or other factors determined by the Commission or the Dairy Farmers of New Brunswick, as the case may be, of the milk supplied by the person and the amount of quota for the marketing of milk allotted to the person, and
(ii) to make an initial payment on delivery of milk and subsequent payments until the remainder of the money received from the sale is distributed.
11(3)Subject to this Act and the regulations, the Commission may make orders or issue directions in the exercise of any of its powers under subsection (1) or (2) or under any other provision of this Act or the regulations.
11(4)The Regulations Act does not apply to directions referred to in subsection (3).
2007, c.36, s.5; 2007, c.69, s.2
Powers of Commission
11(1)The Commission has the following powers:
(a) to investigate, arbitrate, adjudicate upon, adjust or otherwise settle any dispute involving producers, agencies, boards, processors, distributors or transporters of farm products;
(b) to investigate the cost of producing, processing, distributing and transporting any farm product, prices, price spreads, trade practices, methods of financing, management, grading, policies and other matters relating to the marketing or the production and marketing of a farm product;
(c) to require persons engaged in the marketing or the production and marketing of a regulated product, in the promotion of the consumption and use of a farm product, or in research activities pertaining to a farm product to register their names, addresses and occupations with the Commission, agency or board;
(d) to require persons engaged in the marketing, the production and marketing or the processing of a regulated product to furnish such information relating to the marketing, the production and marketing or the processing of the regulated product, including the completing and filing of reports or returns on a periodic basis or otherwise as the Commission or board determines;
(e) to require persons engaged in the promotion of the consumption and use of a farm product or in research activities pertaining to a farm product to furnish such information relating to such promotion and activities, including the completing and filing of reports or returns on a periodic basis or otherwise as the Commission or agency determines;
(f) to require the furnishing of security or proof of financial responsibility by any person engaged in the marketing of a regulated product and to provide for the administration and disposition of all money or securities so furnished;
(g) to cooperate with a marketing board, local board, commodity board, marketing commission or marketing agency of Canada or of any province in Canada for the purpose of the marketing, the production and marketing or the processing of any regulated product;
(h) to cooperate with a board, commission or agency of Canada or of any province in Canada for the purpose of promoting the consumption and use of any farm product or the purpose of research activities pertaining to any farm product; and
(i) to do such acts and make such orders and issue such directions not inconsistent with a plan or the regulations as are necessary to enforce the due observance and carrying out of the provisions of this Act, the regulations or any plan.
11(2)The Commission has the following additional powers in relation to the dairy industry and the dairy products trade:
(a) to establish or prescribe within the Province or within the limits of any area in the Province that it may designate, a price or scale of prices to be paid for fluid milk products or fluid cream products;
(b) to fix the rates and charges or the maximum and minimum or maximum or minimum rates or charges that a transporter is authorized to charge for the transportation of milk, the schedules and service that such a transporter must observe and provide, and the hours during which the transportation of milk is permissible;
(c) to supervise, control and regulate, in the Province, the purchase, transportation, handling, processing, preparation, storing, delivery, sale and distribution of milk or cream;
(d) to prescribe and define the rights, privileges, obligations and liabilities of transporters and shippers and receivers in relation to the carriage and delivery of milk or cream;
(e) to establish classifications for milk or cream based on the use made of the milk or cream by milk dealers and other persons processing milk or processing or manufacturing cream in the Province;
(f) to establish a price or the method of determining the price paid by milk dealers or other persons processing milk or processing or manufacturing cream in the Province for each classification of milk or cream established under paragraph (e);
(g) to prescribe the time within which payment of the price established under paragraph (f) shall be made;
(h) to regulate the manufacture, processing, distribution or sale of reconstituted milk;
(i) to prescribe the books of accounts, records and reports to be kept or made by any producer, milk dealer or transporter of milk;
(j) to prescribe the terms and conditions upon which milk or cream may be produced, received, handled, transported, stored, delivered, supplied, processed, kept for sale or sold, and to prescribe the method of determining the butterfat or other components of milk or cream;
(k) to provide that milk or cream shall be marketed by or through the Commission or the Dairy Farmers of New Brunswick, and to fix, impose and collect service charges to meet the expenses of marketing milk or cream;
(l) to require any person who produces milk to sell milk to or through the Commission or the Dairy Farmers of New Brunswick, and to prohibit any person from marketing milk otherwise than by or through the Commission or the Dairy Farmers of New Brunswick, as the case may be; and
(m) to conduct or to permit the Dairy Farmers of New Brunswick to conduct a pool for the distribution of money received from the sale of milk and
(i) after deducting all expenses, to distribute the remainder of the money so that the payment to each person entitled to share is based on the volume, components or other factors determined by the Commission or the Dairy Farmers of New Brunswick, as the case may be, of the milk supplied by the person and the amount of quota for the marketing of milk allotted to the person, and
(ii) to make an initial payment on delivery of milk and subsequent payments until the remainder of the money received from the sale is distributed.
11(3)Subject to this Act and the regulations, the Commission may make orders or issue directions in the exercise of any of its powers under subsection (1) or (2) or under any other provision of this Act or the regulations.
11(4)The Regulations Act does not apply to directions referred to in subsection (3).
2007, c.36, s.5
Powers of Commission
11(1)The Commission has the following powers:
(a) to investigate, arbitrate, adjudicate upon, adjust or otherwise settle any dispute involving producers, agencies, boards, processors, distributors or transporters of farm products;
(b) to investigate the cost of producing, processing, distributing and transporting any farm product, prices, price spreads, trade practices, methods of financing, management, grading, policies and other matters relating to the marketing or the production and marketing of a farm product;
(c) to require persons engaged in the marketing or the production and marketing of a regulated product, in the promotion of the consumption and use of a farm product, or in research activities pertaining to a farm product to register their names, addresses and occupations with the Commission, agency or board;
(d) to require persons engaged in the marketing, the production and marketing or the processing of a regulated product to furnish such information relating to the marketing, the production and marketing or the processing of the regulated product, including the completing and filing of reports or returns on a periodic basis or otherwise as the Commission or board determines;
(e) to require persons engaged in the promotion of the consumption and use of a farm product or in research activities pertaining to a farm product to furnish such information relating to such promotion and activities, including the completing and filing of reports or returns on a periodic basis or otherwise as the Commission or agency determines;
(f) to require the furnishing of security or proof of financial responsibility by any person engaged in the marketing of a regulated product and to provide for the administration and disposition of all money or securities so furnished;
(g) to cooperate with a marketing board, local board, commodity board, marketing commission or marketing agency of Canada or of any province in Canada for the purpose of the marketing, the production and marketing or the processing of any regulated product;
(h) to cooperate with a board, commission or agency of Canada or of any province in Canada for the purpose of promoting the consumption and use of any farm product or the purpose of research activities pertaining to any farm product; and
(i) to do such acts and make such orders and issue such directions not inconsistent with a plan or the regulations as are necessary to enforce the due observance and carrying out of the provisions of this Act, the regulations or any plan.
11(2)The Commission has the following additional powers in relation to the dairy industry and the dairy products trade:
(a) to establish or prescribe within the Province or within the limits of any area in the Province that it may designate, a price or scale of prices to be paid for fluid milk products or fluid cream products;
(b) to fix the rates and charges or the maximum and minimum or maximum or minimum rates or charges that a transporter is authorized to charge for the transportation of milk, the schedules and service that such a transporter must observe and provide, and the hours during which the transportation of milk is permissible;
(c) to supervise, control and regulate, in the Province, the purchase, transportation, handling, processing, preparation, storing, delivery, sale and distribution of milk or cream;
(d) to prescribe and define the rights, privileges, obligations and liabilities of transporters and shippers and receivers in relation to the carriage and delivery of milk or cream;
(e) to establish classifications for milk or cream based on the use made of the milk or cream by milk dealers and other persons processing milk or processing or manufacturing cream in the Province;
(f) to establish a price or the method of determining the price paid by milk dealers or other persons processing milk or processing or manufacturing cream in the Province for each classification of milk or cream established under paragraph (e);
(g) to prescribe the time within which payment of the price established under paragraph (f) shall be made;
(h) to regulate the manufacture, processing, distribution or sale of reconstituted milk;
(i) to prescribe the books of accounts, records and reports to be kept or made by any producer, milk dealer or transporter of milk;
(j) to prescribe the terms and conditions upon which milk or cream may be produced, received, handled, transported, stored, delivered, supplied, processed, kept for sale or sold, and to prescribe the method of determining the butterfat or other components of milk or cream;
(k) to provide that milk or cream shall be marketed by or through the Commission or the New Brunswick Milk Marketing Board, and to fix, impose and collect service charges to meet the expenses of marketing milk or cream;
(l) to require any person who produces milk to sell milk to or through the Commission or the New Brunswick Milk Marketing Board, and to prohibit any person from marketing milk otherwise than by or through the Commission or the New Brunswick Milk Marketing Board, as the case may be; and
(m) to conduct or to permit the New Brunswick Milk Marketing Board to conduct a pool for the distribution of money received from the sale of milk and
(i) after deducting all expenses, to distribute the remainder of the money so that the payment to each person entitled to share is based on the volume, components or other factors determined by the Commission or the New Brunswick Milk Marketing Board, as the case may be, of the milk supplied by the person and the amount of quota for the marketing of milk allotted to the person, and
(ii) to make an initial payment on delivery of milk and subsequent payments until the remainder of the money received from the sale is distributed.
11(3)Subject to this Act and the regulations, the Commission may make orders or issue directions in the exercise of any of its powers under subsection (1) or (2) or under any other provision of this Act or the regulations.
11(4)The Regulations Act does not apply to directions referred to in subsection (3).