Acts and Regulations

2014, c.134 - Transportation of Primary Forest Products Act

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Current to 1 January 2024
2014, c.134
Transportation of Primary Forest Products Act
Deposited December 30, 2014
Definitions
1The following definitions apply in this Act.
“inspector” means a person designated as an inspector under section 7. (inspecteur)
“Minister” means the Minister of Natural Resources.(ministre)
“peace officer” includes(agent de la paix)
(a) a peace officer as defined in the Motor Vehicle Act,
(b) a person deemed or designated to be a peace officer under the Motor Vehicle Act,
(c) a person designated as a commercial vehicle inspector under the Highway Act or the Motor Vehicle Act, and
(d) a person appointed as a conservation officer under the Crown Lands and Forests Act.
“primary forest products” means primary forest products as defined in the Forest Products Act, regardless of the source of the products. (produits forestiers de base)
“registration certificate” , with reference to a vehicle, means the registration certificate issued for the vehicle under the Motor Vehicle Act. (certificat d’immatriculation)
“vehicle” means a vehicle as defined in the Motor Vehicle Act. (véhicule)
1999, c.T-11.02, s.1; 2004, c.20, s.62; 2013, c.39, s.20; 2016, c.37, s.190; 2019, c.29, s.213; 2024, c.28, s.61
Requirement to possess transportation certificate
2(1)No person shall operate in the Province, bring into the Province or take out of the Province, on a public highway, a vehicle that is carrying a full or partial load of primary forest products unless the person
(a) has possession of an accurately completed transportation certificate,
(b) produces for examination the transportation certificate and any other documentation required to be produced under this Act or the regulations, and
(c) delivers the documentation in accordance with the requirements set out in this Act or the regulations.
2(2)Subsection (1) does not apply if the entire load carried by the vehicle consists of fuel wood of less than 1.22 m (4 feet) in length.
2(3)The form and content of transportation certificates and other documentation or information required under this Act or the regulations, requirements relating to their distribution, completion, possession, production, collection and remittance and any other matters relating to them may be
(a) prescribed in the regulations,
(b) described in the regulations, or
(c) delegated in the regulations to the Minister, another Minister of the Crown, a Crown corporation or another agency, body or person.
1999, c.T-11.02, s.2; 2001, c.39, s.2; 2011, c.14, s.1
Requirement to deliver transportation certificate
3(1)The operator of a vehicle to whom subsection 2(1) applies shall, on the demand of a peace officer, without delay and in accordance with the requirements set out in the regulations, produce and deliver to the peace officer, for examination in detail by the peace officer,
(a) the accurately completed transportation certificate for the primary forest products carried by the vehicle,
(b) the operator’s driver’s licence, and
(c) the vehicle’s registration certificate.
3(2)The operator of a vehicle to whom subsection 2(1) applies shall, in accordance with the requirements set out in the regulations, deliver the accurately completed transportation certificate for the primary forest products carried by the vehicle to the owner or person in charge of any mill, other place of business or other location where the products are offloaded.
1999, c.T-11.02, s.3; 2001, c.39, s.4; 2011, c.14, s.2
Possession of a transportation certificate containing false or misleading statements
4(1)If an operator of a vehicle to whom subsection 2(1) applies is in possession of a transportation certificate that contains false or misleading statements, the operator commits an offence and the following persons are parties to the offence:
(a) the owner of the land from which the primary forest products originated; and
(b) the wood contractor for whom the primary forest products were harvested.
4(2)The owner of the land or the wood contractor may be charged with, convicted of and sentenced for the offence under subsection (1), whether or not the operator of the vehicle is charged with or convicted of the offence.
4(3)No person shall be convicted of an offence under subsection (1) if he or she exercised due diligence to prevent its commission.
2011, c.14, s.3
Obligation to require delivery of a transportation certificate
5(1)No owner or person in charge of any mill, other place of business or other location where primary forest products are offloaded shall accept delivery of primary forest products from the operator of a vehicle to whom subsection 2(1) applies unless the operator of the vehicle delivers to the owner or person in charge an accurately completed transportation certificate for the primary forest products carried by the vehicle.
5(2)An owner or person in charge of any mill, other place of business or other location where primary forest products are offloaded who receives transportation certificates shall, in accordance with the requirements set out in the regulations, complete, collect, keep and remit the transportation certificates and any other prescribed documentation or information.
2001, c.39, s.5; 2011, c.14, s.4
Duties, functions and powers of peace officers
6(1)Peace officers under this Act
(a) may exercise any powers that a peace officer has under the Motor Vehicle Act to enforce the provisions of this Act and the regulations,
(b) may exercise the powers set out in subsection (2), and
(c) shall have the duties, functions and powers established by the Lieutenant-Governor in Council in the regulations.
6(2)Without limiting the generality of subsection (1), if a peace officer reasonably believes that the operator of a vehicle is required to produce and deliver or to deliver a transportation certificate in circumstances described in section 3, the peace officer, when on duty, has the power to require the operator of the vehicle to stop and to produce and deliver or to deliver, as the case may be, an accurately completed transportation certificate, the operator’s driver’s licence and the vehicle’s registration certificate, as required under section 3.
6(3)For the purposes of this Act and the regulations, section 13 of the Fish and Wildlife Act applies to a conservation officer appointed under the Crown Lands and Forests Act.
1999, c.T-11.02, s.4; 2001, c.39, s.6; 2011, c.14, s.5; 2013, c.39, s.20
Designation of inspectors
7The Minister may designate persons as inspectors for the purposes of this Act and the regulations.
1999, c.T-11.02, s.5
Duties, functions and powers of inspectors
8(1)Inspectors shall have the duties, functions and powers
(a) set out in subsections (2) to (4), and
(b) established by the Lieutenant-Governor in Council in the regulations.
8(2)At any reasonable time and on presentation of proof of identification on a form provided by the Minister, an inspector may, for the purpose of administering this Act,
(a) enter and inspect any mill, other place of business or other location where the inspector reasonably believes that a primary forest product has been offloaded,
(b) inspect any substance that appears to the inspector to be a primary forest product, and
(c) inspect any transportation certificates or other documentation or information, regardless of physical form or characteristics, and such software, hardware or other equipment necessary to access them as the inspector may reasonably require.
8(3)An inspector may detain items, for the purposes of evidence, that the inspector discovers while acting under this section and reasonably believes may afford evidence of a violation of, or a failure to comply with, a provision of this Act or the regulations.
8(4)For the purposes of subsection (3), an inspector may detain
(a) any object, substance or material or a sample of any object, substance or material that the inspector reasonably believes is a primary forest product,
(b) any transportation certificates or other documentation or information, regardless of physical form or characteristics, and
(c) such software, hardware or other equipment necessary to access the documentation or information as the inspector may reasonably require.
1999, c.T-11.02, s.6; 2001, c.39, s.7
Assistance to inspectors
9The owner or person in charge of any mill, other place of business or other location and any employees or agents of the owner or person in charge shall give all reasonable assistance to an inspector to enable the inspector to carry out the inspector’s duties and functions and exercise the inspector’s powers under this Act and shall provide the inspector with
(a) any transportation certificates or other documentation and information, regardless of physical form or characteristics, and
(b) such software, hardware or other equipment necessary to access the documentation or information as the inspector may reasonably require.
1999, c.T-11.02, s.7; 2001, c.39, s.8
Obstruction or hindrance of a peace officer or an inspector
10No person shall obstruct or hinder a peace officer or an inspector in carrying out his or her duties and functions or in exercising his or her powers under this Act or the regulations.
1999, c.T-11.02, s.8
False or misleading statements
11(1)No person shall make a false or misleading statement on a transportation certificate or make any other false or misleading statement, either orally or in writing, to peace officers, inspectors or other persons engaged in carrying out their duties and functions or in exercising their powers under this Act or the regulations.
11(2)No person shall be convicted of an offence under subsection (1) if he or she exercised due diligence to prevent its commission.
1999, c.T-11.02, s.9; 2001, c.39, s.9; 2011, c.14, s.6
Arrangements or agreements
12The Lieutenant-Governor in Council may make or authorize to be made with any other jurisdiction an arrangement or agreement respecting the giving of information relating to
(a) transportation certificates required under this Act,
(b) the giving of transportation certificates or other documentation or information, or
(c) the imposition of requirements respecting the distribution, completion, possession, production, collection and remittance of transportation certificates on one another’s public highways.
1999, c.T-11.02, s.10; 2001, c.39, s.10
Offences and penalties
13(1)Subject to subsection (2), a person who violates or fails to comply with a provision of the regulations commits an offence.
13(2)For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.
13(3)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
13(4)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
1999, c.T-11.02, s.11
Limitation period
14A prosecution of an offence under this Act or the regulations shall be commenced within one year after the date on which the offence was, or is alleged to have been, committed.
2011, c.14, s.7
Regulations
15The Lieutenant-Governor in Council may make regulations
(a) respecting the form and content of transportation certificates and other documentation and information for the purposes of this Act and the regulations, including the delegation of the establishment of their form and content to the Minister, another Minister of the Crown, a Crown corporation or another agency, body or person;
(b) respecting requirements in relation to the distribution, completion, possession, production, collection and remittance of transportation certificates and other documentation and information for the purposes of this Act and the regulations, and respecting any other matter relating to them, including the delegation of the matters relating to the requirements or any of the other matters to the Minister, another Minister of the Crown, a Crown corporation or another agency, body or person;
(c) respecting the giving of transportation certificates and other documentation and information distributed, completed, possessed, produced, collected or remitted under this Act or the regulations to another Minister of the Crown, a Crown corporation or another agency, body or person and respecting the confidentiality to be maintained in relation to such documentation or information;
(d) respecting the duties, functions and powers of peace officers and inspectors, in addition to those established in this Act, for the purposes of this Act and the regulations;
(e) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;
(f) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations, or both;
(g) prescribing anything required by this Act to be prescribed;
(h) generally for the better administration of this Act.
1999, c.T-11.02, s.12; 2001, c.39, s.11
SCHEDULE A
   Column I
Column II
     Section
Category of Offence
 
2(1).............. 
E
 
3(1).............. 
E
3(2).............. 
E
4(1).............. 
E
5(1).............. 
E
9.............. 
E
10.............. 
E
11(1)..............
E
13(1).............. 
E
1999, c.T-11.02, Schedule A; 2001, c.39, s.12; 2011, c.14, s.8
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to December 13, 2024.