40(1)Where a board is granted authority under subsection 39(1) to fix, impose and collect levies or charges, the amount of any levies or charges that are due and payable by a person engaged in the marketing or the production and marketing of primary forest products on private woodlots shall constitute a debt due to the board from such person and may be recovered by action in the name of the board in any court of competent jurisdiction.

40(2)Where any person who receives primary forest products from a private woodlot is required under subsection 39(3) to deduct from the money payable for the primary forest products any levies or charges payable to a board by the person engaged in the marketing or the production and marketing of the primary forest products received, the amount of any levies or charges that have been deducted or should have been deducted from the money payable for the primary forest products under subsection 39(3) shall constitute a debt due to the board from the person who received the primary forest products and may be recovered by action in the name of the board in any court of competent jurisdiction.