Acts and Regulations

N-1.2 - Natural Products Act

Section 27
Disposition versions

Full text
Powers vested in board by Lieutenant-Governor in Council
27(1)The Lieutenant-Governor in Council may make regulations vesting in a board the following powers:
(a) to prohibit the marketing or the production and marketing, in whole or in part, of any regulated product;
(b) to market a regulated product;
(c) to regulate the time and place at which, and to designate the body by or through which, a regulated product shall be marketed or produced and marketed;
(d) to regulate the manner in which a regulated product may be marketed or produced and marketed;
(e) to require any and all persons before commencing or continuing in the marketing or the production and marketing of a regulated product to register with and obtain licences from the board, and to prohibit any person from marketing or producing and marketing a regulated product without a licence;
(f) 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 a regulated product, and for this purpose to classify such 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 such licence fees and charges or either of them in any court of competent jurisdiction;
(g) to suspend or cancel a licence for violation of any provision of this Act, a plan, a regulation or any order of the board and to reinstate a licence that has been suspended or cancelled;
(h) to require a regulated product to be marketed or produced and marketed on a quota basis;
(i) to fix and allot to persons quotas for the marketing or the production and marketing of a regulated product on such basis as the board considers proper and to establish such quotas with respect to designated lands and premises;
(j) to require that hens be possessed on a quota basis and to fix and allot to persons quotas with respect to the possession of hens on such basis as the board considers proper;
(k) to refuse to fix and allot to any person a quota under paragraph (i) or (j) for any reason that the board considers proper;
(l) to cancel, reduce, suspend or refuse to increase a quota fixed and allotted to any person under paragraph (i) or (j) for any reason that the board considers proper, and without limiting the generality of the foregoing, to cancel or reduce any such quota as a penalty where the board has reasonable grounds for believing that the person to whom the quota was fixed and allotted has contravened any provision of this Act or any regulation, order or plan;
(m) to permit any person to whom a quota has been fixed and allotted under paragraph (i) or (j) to market or to produce and market any regulated product or to possess any hens, as the case may be, in excess of such quota on such terms and conditions as the board considers proper;
(n) to increase a quota fixed and allotted under paragraph (i) or (j);
(o) to regulate or prohibit the transfer of quotas under paragraph (i) or (j) and to impose such conditions and procedures on the transfer of quotas as the board considers proper;
(p) to prohibit any person to whom a quota has not been fixed and allotted under paragraph (i) or (j) or whose quota has been cancelled or suspended from marketing or producing and marketing any of the regulated product or from possessing hens, as the case may be;
(q) to prohibit any person to whom a quota has been fixed and allotted under paragraph (i) or (j) from marketing or producing and marketing any of the regulated product in excess of the quota, or from having in his or her possession a greater number of hens than that permitted under the quota, as the case may be;
(r) to prohibit any person to whom a quota has been fixed and allotted under paragraph (i) with respect to designated lands or premises from marketing any of the regulated product other than the regulated product produced on those lands or premises;
(s) 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 Province, and to fix different prices for different parts or areas of the Province;
(t) to require the price or prices payable or owing to persons for the regulated product to be paid to or through the board and to recover such price or prices in a court of competent jurisdiction;
(u) to require any person who produces a regulated product to offer to sell and to sell the regulated product to or through the board established in respect to that regulated product;
(v) 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 established in respect of that regulated product;
(w) to use, in carrying out the purposes of a plan and paying the expenses of the board, any money received by the board;
(x) to require any person who receives a regulated product to deduct from the money payable for the regulated product any licence fee or charge referred to in paragraph (f) 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;
(y) to implement and administer forest management programs on private woodlots;
(z) to undertake and assist in the promotion of the consumption and use of any regulated product in relation to which it may exercise its powers, the improvement of the quality and variety of such regulated product and the publication of information in relation to such regulated product;
(aa) to undertake or to engage other persons to conduct research activities with respect to, and advertise and promote in any other manner, the regulated product in relation to which it may exercise its powers;
(bb) to cooperate with any Canadian Board or Provincial Board to regulate the marketing of a regulated product of the Province and to act conjointly with the Canadian Board or Provincial Board for such purposes;
(cc) to make such orders as are considered by the board necessary or advisable to regulate effectively the marketing or the production and marketing of a regulated product or to exercise any power vested in the board;
(dd) the powers of a corporation under the Business Corporations Act and, subject to this Act, in the exercise of such powers the members of the board shall be deemed to be its shareholders and directors.
27(2)The Lieutenant-Governor in Council may make regulations vesting in a board established for the promotion, control and regulation of the production and marketing of eggs or poultry, or both eggs and poultry, the following powers:
(a) to require the licensing of any person who maintains hens and to prohibit any person from maintaining hens without a licence;
(b) to enter on lands or premises used for producing eggs or poultry and to perform a count of poultry on those lands or premises.
27(3)A regulation under this section may be limited as to time and place.
27(4)Nothing in subsection (1) or (2) shall be construed to prohibit or restrict any person from maintaining hens or other poultry or from producing eggs from such hens or poultry solely for the personal consumption of that person or his or her family.
27(5)Where any person who receives a regulated product is required in a regulation under paragraph (1)(x) to deduct from the money payable for the regulated product any licence fee or charge referred to in paragraph (1)(f) that is payable to a board by the person marketing or producing and marketing the regulated product received, the licence fee or charge that has been deducted or should have been deducted from the money payable for the regulated product shall constitute a debt due to the board from the person who received the regulated product and may be recovered by action in the name of the board in any court of competent jurisdiction.
2007, c.36, s.10; 2023, c.2, s.191
Powers vested in board by Lieutenant-Governor in Council
27(1)The Lieutenant-Governor in Council may make regulations vesting in a board the following powers:
(a) to prohibit the marketing or the production and marketing, in whole or in part, of any regulated product;
(b) to market a regulated product;
(c) to regulate the time and place at which, and to designate the body by or through which, a regulated product shall be marketed or produced and marketed;
(d) to regulate the manner in which a regulated product may be marketed or produced and marketed;
(e) to require any and all persons before commencing or continuing in the marketing or the production and marketing of a regulated product to register with and obtain licences from the board, and to prohibit any person from marketing or producing and marketing a regulated product without a licence;
(f) 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 a regulated product, and for this purpose to classify such 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 such licence fees and charges or either of them in any court of competent jurisdiction;
(g) to suspend or cancel a licence for violation of any provision of this Act, a plan, a regulation or any order of the board and to reinstate a licence that has been suspended or cancelled;
(h) to require a regulated product to be marketed or produced and marketed on a quota basis;
(i) to fix and allot to persons quotas for the marketing or the production and marketing of a regulated product on such basis as the board considers proper and to establish such quotas with respect to designated lands and premises;
(j) to require that hens be possessed on a quota basis and to fix and allot to persons quotas with respect to the possession of hens on such basis as the board considers proper;
(k) to refuse to fix and allot to any person a quota under paragraph (i) or (j) for any reason that the board considers proper;
(l) to cancel, reduce, suspend or refuse to increase a quota fixed and allotted to any person under paragraph (i) or (j) for any reason that the board considers proper, and without limiting the generality of the foregoing, to cancel or reduce any such quota as a penalty where the board has reasonable grounds for believing that the person to whom the quota was fixed and allotted has contravened any provision of this Act or any regulation, order or plan;
(m) to permit any person to whom a quota has been fixed and allotted under paragraph (i) or (j) to market or to produce and market any regulated product or to possess any hens, as the case may be, in excess of such quota on such terms and conditions as the board considers proper;
(n) to increase a quota fixed and allotted under paragraph (i) or (j);
(o) to regulate or prohibit the transfer of quotas under paragraph (i) or (j) and to impose such conditions and procedures on the transfer of quotas as the board considers proper;
(p) to prohibit any person to whom a quota has not been fixed and allotted under paragraph (i) or (j) or whose quota has been cancelled or suspended from marketing or producing and marketing any of the regulated product or from possessing hens, as the case may be;
(q) to prohibit any person to whom a quota has been fixed and allotted under paragraph (i) or (j) from marketing or producing and marketing any of the regulated product in excess of the quota, or from having in his or her possession a greater number of hens than that permitted under the quota, as the case may be;
(r) to prohibit any person to whom a quota has been fixed and allotted under paragraph (i) with respect to designated lands or premises from marketing any of the regulated product other than the regulated product produced on those lands or premises;
(s) 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 Province, and to fix different prices for different parts or areas of the Province;
(t) to require the price or prices payable or owing to persons for the regulated product to be paid to or through the board and to recover such price or prices in a court of competent jurisdiction;
(u) to require any person who produces a regulated product to offer to sell and to sell the regulated product to or through the board established in respect to that regulated product;
(v) 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 established in respect of that regulated product;
(w) to use, in carrying out the purposes of a plan and paying the expenses of the board, any money received by the board;
(x) to require any person who receives a regulated product to deduct from the money payable for the regulated product any licence fee or charge referred to in paragraph (f) 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;
(y) to implement and administer forest management programs on private woodlots;
(z) to undertake and assist in the promotion of the consumption and use of any regulated product in relation to which it may exercise its powers, the improvement of the quality and variety of such regulated product and the publication of information in relation to such regulated product;
(aa) to undertake or to engage other persons to conduct research activities with respect to, and advertise and promote in any other manner, the regulated product in relation to which it may exercise its powers;
(bb) to cooperate with any Canadian Board or Provincial Board to regulate the marketing of a regulated product of the Province and to act conjointly with the Canadian Board or Provincial Board for such purposes;
(cc) to make such orders as are considered by the board necessary or advisable to regulate effectively the marketing or the production and marketing of a regulated product or to exercise any power vested in the board;
(dd) the powers of a corporation under the Business Corporations Act and, subject to this Act, in the exercise of such powers the members of the board shall be deemed to be its shareholders and directors.
27(2)The Lieutenant-Governor in Council may make regulations vesting in a board established for the promotion, control and regulation of the production and marketing of eggs or poultry, or both eggs and poultry, the following powers:
(a) to require the licensing of any person who maintains hens and to prohibit any person from maintaining hens without a licence;
(b) to enter on lands or premises used for producing eggs or poultry and to perform a count of poultry on those lands or premises.
27(3)A regulation under this section may be limited as to time and place.
27(4)Nothing in subsection (1) or (2) shall be construed to prohibit or restrict any person from maintaining hens or other poultry or from producing eggs from such hens or poultry solely for the personal consumption of that person or his or her family.
27(5)Where any person who receives a regulated product is required in a regulation under paragraph (1)(x) to deduct from the money payable for the regulated product any licence fee or charge referred to in paragraph (1)(f) that is payable to a board by the person marketing or producing and marketing the regulated product received, the licence fee or charge that has been deducted or should have been deducted from the money payable for the regulated product shall constitute a debt due to the board from the person who received the regulated product and may be recovered by action in the name of the board in any court of competent jurisdiction.
2007, c.36, s.10
Powers vested in board by Lieutenant-Governor in Council
27(1)The Lieutenant-Governor in Council may make regulations vesting in a board the following powers:
(a) to prohibit the marketing or the production and marketing, in whole or in part, of any regulated product;
(b) to market a regulated product;
(c) to regulate the time and place at which, and to designate the body by or through which, a regulated product shall be marketed or produced and marketed;
(d) to regulate the manner in which a regulated product may be marketed or produced and marketed;
(e) to require any and all persons before commencing or continuing in the marketing or the production and marketing of a regulated product to register with and obtain licences from the board, and to prohibit any person from marketing or producing and marketing a regulated product without a licence;
(f) 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 a regulated product, and for this purpose to classify such 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 such licence fees and charges or either of them in any court of competent jurisdiction;
(g) to suspend or cancel a licence for violation of any provision of this Act, a plan, a regulation or any order of the board and to reinstate a licence that has been suspended or cancelled;
(h) to require a regulated product to be marketed or produced and marketed on a quota basis;
(i) to fix and allot to persons quotas for the marketing or the production and marketing of a regulated product on such basis as the board considers proper and to establish such quotas with respect to designated lands and premises;
(j) to require that hens be possessed on a quota basis and to fix and allot to persons quotas with respect to the possession of hens on such basis as the board considers proper;
(k) to refuse to fix and allot to any person a quota under paragraph (i) or (j) for any reason that the board considers proper;
(l) to cancel, reduce, suspend or refuse to increase a quota fixed and allotted to any person under paragraph (i) or (j) for any reason that the board considers proper, and without limiting the generality of the foregoing, to cancel or reduce any such quota as a penalty where the board has reasonable grounds for believing that the person to whom the quota was fixed and allotted has contravened any provision of this Act or any regulation, order or plan;
(m) to permit any person to whom a quota has been fixed and allotted under paragraph (i) or (j) to market or to produce and market any regulated product or to possess any hens, as the case may be, in excess of such quota on such terms and conditions as the board considers proper;
(n) to increase a quota fixed and allotted under paragraph (i) or (j);
(o) to regulate or prohibit the transfer of quotas under paragraph (i) or (j) and to impose such conditions and procedures on the transfer of quotas as the board considers proper;
(p) to prohibit any person to whom a quota has not been fixed and allotted under paragraph (i) or (j) or whose quota has been cancelled or suspended from marketing or producing and marketing any of the regulated product or from possessing hens, as the case may be;
(q) to prohibit any person to whom a quota has been fixed and allotted under paragraph (i) or (j) from marketing or producing and marketing any of the regulated product in excess of the quota, or from having in his or her possession a greater number of hens than that permitted under the quota, as the case may be;
(r) to prohibit any person to whom a quota has been fixed and allotted under paragraph (i) with respect to designated lands or premises from marketing any of the regulated product other than the regulated product produced on those lands or premises;
(s) 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 Province, and to fix different prices for different parts or areas of the Province;
(t) to require the price or prices payable or owing to persons for the regulated product to be paid to or through the board and to recover such price or prices in a court of competent jurisdiction;
(u) to require any person who produces a regulated product to offer to sell and to sell the regulated product to or through the board established in respect to that regulated product;
(v) 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 established in respect of that regulated product;
(w) to use, in carrying out the purposes of a plan and paying the expenses of the board, any money received by the board;
(x) to require any person who receives a regulated product to deduct from the money payable for the regulated product any licence fee or charge referred to in paragraph (f) 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;
(y) to implement and administer forest management programs on private woodlots;
(z) to undertake and assist in the promotion of the consumption and use of any regulated product in relation to which it may exercise its powers, the improvement of the quality and variety of such regulated product and the publication of information in relation to such regulated product;
(aa) to undertake or to engage other persons to conduct research activities with respect to, and advertise and promote in any other manner, the regulated product in relation to which it may exercise its powers;
(bb) to cooperate with any Canadian Board or Provincial Board to regulate the marketing of a regulated product of the Province and to act conjointly with the Canadian Board or Provincial Board for such purposes;
(cc) to make such orders as are considered by the board necessary or advisable to regulate effectively the marketing or the production and marketing of a regulated product or to exercise any power vested in the board;
(dd) the powers of a corporation under the Business Corporations Act and, subject to this Act, in the exercise of such powers the members of the board shall be deemed to be its shareholders and directors.
27(2)The Lieutenant-Governor in Council may make regulations vesting in a board established for the promotion, control and regulation of the production and marketing of eggs or poultry, or both eggs and poultry, the following powers:
(a) to require the licensing of any person who maintains hens and to prohibit any person from maintaining hens without a licence;
(b) to enter on lands or premises used for producing eggs or poultry and to perform a count of poultry on those lands or premises.
27(3)A regulation under this section may be limited as to time and place.
27(4)Nothing in subsection (1) or (2) shall be construed to prohibit or restrict any person from maintaining hens or other poultry or from producing eggs from such hens or poultry solely for the personal consumption of that person or his or her family.
27(5)Where any person who receives a regulated product is required in a regulation under paragraph (1)(x) to deduct from the money payable for the regulated product any licence fee or charge referred to in paragraph (1)(f) that is payable to a board by the person marketing or producing and marketing the regulated product received, the licence fee or charge that has been deducted or should have been deducted from the money payable for the regulated product shall constitute a debt due to the board from the person who received the regulated product and may be recovered by action in the name of the board in any court of competent jurisdiction.
2007, c.36, s.10
Powers vested in board by Lieutenant-Governor in Council
27(1)The Lieutenant-Governor in Council may make regulations vesting in a board the following powers:
(a) to prohibit the marketing or the production and marketing, in whole or in part, of any regulated product;
(b) to market a regulated product;
(c) to regulate the time and place at which, and to designate the body by or through which, a regulated product shall be marketed or produced and marketed;
(d) to regulate the manner in which a regulated product may be marketed or produced and marketed;
(e) to require any and all persons before commencing or continuing in the marketing or the production and marketing of a regulated product to register with and obtain licences from the board, and to prohibit any person from marketing or producing and marketing a regulated product without a licence;
(f) 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 a regulated product, and for this purpose to classify such 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 such licence fees and charges or either of them in any court of competent jurisdiction;
(g) to suspend or cancel a licence for violation of any provision of this Act, a plan, a regulation or any order of the board and to reinstate a licence that has been suspended or cancelled;
(h) to require a regulated product to be marketed or produced and marketed on a quota basis;
(i) to fix and allot to persons quotas for the marketing or the production and marketing of a regulated product on such basis as the board considers proper and to establish such quotas with respect to designated lands and premises;
(j) to require that hens be possessed on a quota basis and to fix and allot to persons quotas with respect to the possession of hens on such basis as the board considers proper;
(k) to refuse to fix and allot to any person a quota under paragraph (i) or (j) for any reason that the board considers proper;
(l) to cancel, reduce, suspend or refuse to increase a quota fixed and allotted to any person under paragraph (i) or (j) for any reason that the board considers proper, and without limiting the generality of the foregoing, to cancel or reduce any such quota as a penalty where the board has reasonable grounds for believing that the person to whom the quota was fixed and allotted has contravened any provision of this Act or any regulation, order or plan;
(m) to permit any person to whom a quota has been fixed and allotted under paragraph (i) or (j) to market or to produce and market any regulated product or to possess any hens, as the case may be, in excess of such quota on such terms and conditions as the board considers proper;
(n) to increase a quota fixed and allotted under paragraph (i) or (j);
(o) to regulate or prohibit the transfer of quotas under paragraph (i) or (j) and to impose such conditions and procedures on the transfer of quotas as the board considers proper;
(p) to prohibit any person to whom a quota has not been fixed and allotted under paragraph (i) or (j) or whose quota has been cancelled or suspended from marketing or producing and marketing any of the regulated product or from possessing hens, as the case may be;
(q) to prohibit any person to whom a quota has been fixed and allotted under paragraph (i) or (j) from marketing or producing and marketing any of the regulated product in excess of the quota, or from having in his or her possession a greater number of hens than that permitted under the quota, as the case may be;
(r) to prohibit any person to whom a quota has been fixed and allotted under paragraph (i) with respect to designated lands or premises from marketing any of the regulated product other than the regulated product produced on those lands or premises;
(s) 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 Province, and to fix different prices for different parts or areas of the Province;
(t) to require the price or prices payable or owing to persons for the regulated product to be paid to or through the board and to recover such price or prices in a court of competent jurisdiction;
(u) to require any person who produces a regulated product to offer to sell and to sell the regulated product to or through the board established in respect to that regulated product;
(v) 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 established in respect of that regulated product;
(w) to use, in carrying out the purposes of a plan and paying the expenses of the board, any money received by the board;
(x) to require any person who receives a regulated product to deduct from the money payable for the regulated product any licence fee or charge referred to in paragraph (f) 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;
(y) to implement and administer forest management programs on private woodlots;
(z) to undertake and assist in the promotion of the consumption and use of any regulated product in relation to which it may exercise its powers, the improvement of the quality and variety of such regulated product and the publication of information in relation to such regulated product;
(aa) to undertake or to engage other persons to conduct research activities with respect to, and advertise and promote in any other manner, the regulated product in relation to which it may exercise its powers;
(bb) to cooperate with any Canadian Board or Provincial Board to regulate the marketing of a regulated product of the Province and to act conjointly with the Canadian Board or Provincial Board for such purposes;
(cc) to make such orders as are considered by the board necessary or advisable to regulate effectively the marketing or the production and marketing of a regulated product or to exercise any power vested in the board;
(dd) the powers of a corporation under the Business Corporations Act and, subject to this Act, in the exercise of such powers the members of the board shall be deemed to be its shareholders and directors.
27(2)The Lieutenant-Governor in Council may make regulations vesting in a board established for the promotion, control and regulation of the production and marketing of eggs or poultry, or both eggs and poultry, the following powers:
(a) to require the licensing of any person who maintains hens and to prohibit any person from maintaining hens without a licence;
(b) to enter on lands or premises used for producing eggs or poultry and to perform a count of poultry on those lands or premises.
27(3)A regulation under this section may be limited as to time and place.
27(4)Nothing in subsection (1) or (2) shall be construed to prohibit or restrict any person from maintaining hens or other poultry or from producing eggs from such hens or poultry solely for the personal consumption of that person or his or her family.
27(5)Where any person who receives a regulated product is required in a regulation under paragraph (1)(x) to deduct from the money payable for the regulated product any licence fee or charge referred to in paragraph (1)(f) that is payable to a board by the person marketing or producing and marketing the regulated product received, the licence fee or charge that has been deducted or should have been deducted from the money payable for the regulated product shall constitute a debt due to the board from the person who received the regulated product and may be recovered by action in the name of the board in any court of competent jurisdiction.