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Acts and Regulations
2006-85
- Madawaska Forest Products Marketing Plan
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Revoked on 1 February 2014
NEW BRUNSWICK
REGULATION 2006-85
under the
Natural Products Act
(O.C. 2006-447)
Filed December 15, 2006
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Repealed: 2014-1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
1
This Regulation may be cited as the
Madawaska Forest Products Marketing Plan Regulation
-
Natural Products Act
.
Definitions
2
The following definitions apply in this Regulation.
“Act”
means the
Natural Products Act
.
(Loi)
“Board”
means the Madawaska Forest Products Marketing Board.
(Office)
“Plan”
means the plan established under 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 83-221 under the
Farm Products Marketing Act
.
Application of Plan
4
The Plan applies to all persons engaged in marketing or in producing and marketing the regulated product in the regulated area.
Regulated product
5
For the purposes of this Regulation, the regulated product is a primary forest product produced on a private woodlot within the regulated area.
Regulated area
6
For the purposes of this Regulation, the regulated area is Madawaska County and the parish of Drummond in Victoria County.
Purposes for the establishment of Board
7
The 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 in the regulated area; and
(
d
)
the promotion of the consumption and use of the regulated product.
Mission statement and strategic objectives of Board
8
The 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; and
(
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
9
The following powers are vested in the Board:
(
a
)
to prohibit the marketing or the production and marketing, in whole or in part, of the regulated product;
(
b
)
to market the regulated product;
(
c
)
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;
(
d
)
to regulate the manner in which the 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 the regulated product to register with and obtain licences from the Board;
(
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 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;
(
g
)
to suspend or cancel a licence for violation of any provision of the Act, the Plan, the regulation or any order of the Board and to reinstate a licence that has been suspended or cancelled;
(
h
)
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 regulated area, and to fix different prices for different parts or areas of the regulated area;
(
h.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;
(
h.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;
(
i
)
to use, in carrying out the purposes of the Plan and paying the expenses of the Board, any money received by the Board;
(
j
)
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 (
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;
(
k
)
to implement and administer forest management programs on private woodlots;
(
l
)
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;
(
m
)
to undertake or to engage other persons to advertise and promote the regulated product;
(
n
)
to cooperate with any Canadian Board or Provincial Board to regulate the marketing of the regulated product and to act conjointly with the Canadian Board or Provincial Board for such purposes;
(
o
)
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
(
p
)
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.
2008-122
Repeal
10
New Brunswick Regulation 83-221 under the Farm Products Marketing Act is repealed.
Commencement
11
This Regulation comes into force on December 15, 2006.
N.B.
This Regulation is consolidated to February 1, 2014.
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