Acts and Regulations

2005-105 - South East New Brunswick Forest Products Marketing Plan

Full text
Revoked on 1 February 2014
NEW BRUNSWICK
REGULATION 2005-105
under the
Natural Products Act
(O.C. 2005-306)
Filed August 26, 2005
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:
Repealed: 2014-1
Citation
1This Regulation may be cited as the South East 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 the South East New Brunswick Forest Products Marketing Board. (Office)
“Plan” means the plan established in this Regulation. (Plan)
“regulated area” means the 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 plan for the Board established for the purposes set out in section 7.
3(2)The Plan replaces the plan in New Brunswick Regulation 83-224 under the Farm Products Marketing Act.
Application of Plan
4The Plan applies to all persons engaged in marketing or in producing and marketing the regulated product in the regulated area.
Regulated product
5For the purposes of this Regulation, the regulated product is a primary forest product produced on a private woodlot within the regulated area.
Regulated area
6For the purposes of this Regulation, the regulated area is the parish of Rogersville in Northumberland County, Kent County and Westmorland County with the exception of the parish of Salisbury in Westmorland County.
Purposes for establishment of Board
7The purposes for which the Board is established are:
(a) the promotion, control and regulation within the regulated area of the marketing of the regulated product;
(b) the promotion within the regulated area of the production of the regulated product;
(c) the development, conservation and management of forestry resources on private woodlots within the regulated area; and
(d) the promotion of the consumption and use of the regulated product.
Mission statement and strategic objectives of Board
8The mission statement and strategic objectives of the Board are:
(a) through communications, liaison, research and education, to represent people within the 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;
(b) to promote the development and use of private woodlots within the regulated area as a dependable source of supply of high quality primary forest products for wood-using industries.
Powers of Board
9The following powers are vested in the Board:
(a) to market the regulated product;
(a.1) to prohibit the marketing or the production and marketing, in whole or in part, of the regulated product;
(a.2) 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;
(b) 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;
(c) 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 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;
(d) to suspend or cancel a licence for violation of any provision of the Act, the Plan, this regulation or any order of the Board and to reinstate a licence that has been suspended or cancelled;
(d.1) to require any person who produces the regulated product to offer to sell and to sell the regulated product to or through the Board;
(d.2) 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;
(e) to use, in carrying out the purposes of the Plan and paying the expenses of the Board, any money received by the Board;
(f) 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 (c) 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;
(g) to implement and administer forest management programs on private woodlots;
(h) 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;
(i) to undertake or to engage other persons to advertise and promote the regulated product;
(j) to cooperate with any Canadian Board or Provincial Board to regulate the marketing of the regulated product of the Province and to act conjointly with the Canadian Board or Provincial Board for such purposes;
(k) to make such orders as 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
(l) the powers of a corporation under the Business Corporations Act and, subject to the Act, in the exercise of such powers the members of the Board shall be deemed to be its shareholders and directors.
2008-30; 2008-116
Repeal
10New Brunswick Regulation 83-224 under the Farm Products Marketing Act is repealed.
Commencement
11This Regulation comes into force on September 1, 2005.
N.B. This Regulation is consolidated to February 1, 2014.