Acts and Regulations

N-1.2 - Natural Products Act

Section 112
Disposition versions

Full text
Regulations under the Farm Products Marketing Act
112(1)Notwithstanding any inconsistency with any provision of this Act,
(a) New Brunswick Regulations 82-189, 83-150, 83-161, 83-220, 83-221, 83-222, 83-223, 83-224, 83-226, 84-12, 84-38, 84-55, 84-56, 84-90, 84-153, 84-154, 84-155, 84-218, 85-150 and 88-222 under the Farm Products Marketing Act, including amendments made to them under paragraph (b), are valid and continue in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act, and
(b) a regulation referred to in paragraph (a) may be amended under the Farm Products Marketing Act on or after the commencement of this section as if the Farm Products Marketing Act had not been repealed.
112(2)New Brunswick Regulation 84-38 under the Farm Products Marketing Act shall not be held to be invalid by reason only that the regulation did not set out the powers of the New Brunswick Milk Marketing Board.
112(3)Any order, rule, by-law, resolution, decision, direction, determination or agreement of the Farm Products Marketing Commission or the New Brunswick Milk Marketing Board established under New Brunswick Regulation 84-38 under the Farm Products Marketing Act shall be deemed to have been taken with respect to or by a local board validly and lawfully constituted under the laws of the Province in force at the time the regulation was made.
112(4)Where a plan is made under paragraph 18(5)(a) to replace a plan in a regulation referred to in paragraph (1)(a), the board established under section 105 is continued, whether or not the name of the board is changed in the replacement regulation, the members of that board who held office immediately before the commencement of this section continue in office, subject to the provisions of this Act, until they are reappointed or replaced, and the orders and agreements made by that board continue to be valid and of full force and effect unless any subsequent order or agreement directs otherwise.
112(5)Notwithstanding subsections 18(1) and (4) and section 100, where a plan is made under paragraph 18(5)(a) to replace a plan in a regulation referred to in paragraph (1)(a), no investigation under subsection 18(1), ascertainment of opinion under subsection 18(4) or plebiscite under section 100 is required for the replacement plan if the purpose or purposes of the replacement plan are
(a) the promotion, control and regulation within the Province or any area of the Province of the marketing of any farm product,
(b) the promotion, control and regulation within the Province or any area of the Province of the marketing of eggs or poultry and the promotion, control and regulation within the Province or any area of the Province of the production of eggs or poultry, or
(c) the promotion, control and regulation within the Province or any area of the Province of the marketing of any farm product of the forest and the development, conservation and management of forestry resources on private woodlots in the Province or any area of the Province.
112(6)Notwithstanding section 100, where a regulation is made under section 27 or 28 and the regulation contains substantially the same powers as a regulation referred to in paragraph (1)(a), no plebiscite under section 100 is required for the purposes of the regulation made under section 27 or 28.
Regulations under the Farm Products Marketing Act
112(1)Notwithstanding any inconsistency with any provision of this Act,
(a) New Brunswick Regulations 82-189, 83-150, 83-161, 83-220, 83-221, 83-222, 83-223, 83-224, 83-226, 84-12, 84-38, 84-55, 84-56, 84-90, 84-153, 84-154, 84-155, 84-218, 85-150 and 88-222 under the Farm Products Marketing Act, including amendments made to them under paragraph (b), are valid and continue in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act, and
(b) a regulation referred to in paragraph (a) may be amended under the Farm Products Marketing Act on or after the commencement of this section as if the Farm Products Marketing Act had not been repealed.
112(2)New Brunswick Regulation 84-38 under the Farm Products Marketing Act shall not be held to be invalid by reason only that the regulation did not set out the powers of the New Brunswick Milk Marketing Board.
112(3)Any order, rule, by-law, resolution, decision, direction, determination or agreement of the Farm Products Marketing Commission or the New Brunswick Milk Marketing Board established under New Brunswick Regulation 84-38 under the Farm Products Marketing Act shall be deemed to have been taken with respect to or by a local board validly and lawfully constituted under the laws of the Province in force at the time the regulation was made.
112(4)Where a plan is made under paragraph 18(5)(a) to replace a plan in a regulation referred to in paragraph (1)(a), the board established under section 105 is continued, whether or not the name of the board is changed in the replacement regulation, the members of that board who held office immediately before the commencement of this section continue in office, subject to the provisions of this Act, until they are reappointed or replaced, and the orders and agreements made by that board continue to be valid and of full force and effect unless any subsequent order or agreement directs otherwise.
112(5)Notwithstanding subsections 18(1) and (4) and section 100, where a plan is made under paragraph 18(5)(a) to replace a plan in a regulation referred to in paragraph (1)(a), no investigation under subsection 18(1), ascertainment of opinion under subsection 18(4) or plebiscite under section 100 is required for the replacement plan if the purpose or purposes of the replacement plan are
(a) the promotion, control and regulation within the Province or any area of the Province of the marketing of any farm product,
(b) the promotion, control and regulation within the Province or any area of the Province of the marketing of eggs or poultry and the promotion, control and regulation within the Province or any area of the Province of the production of eggs or poultry, or
(c) the promotion, control and regulation within the Province or any area of the Province of the marketing of any farm product of the forest and the development, conservation and management of forestry resources on private woodlots in the Province or any area of the Province.
112(6)Notwithstanding section 100, where a regulation is made under section 27 or 28 and the regulation contains substantially the same powers as a regulation referred to in paragraph (1)(a), no plebiscite under section 100 is required for the purposes of the regulation made under section 27 or 28.