Acts and Regulations

2002-85 - Milk Plan and Levies

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2002-85
under the
Natural Products Act
(O.C. 2002-408)
Filed November 25, 2002
Under section 18, on the recommendation of the Minister, and sections 27, 37 and 104 of the Natural Products Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Milk Plan and Levies Regulation - Natural Products Act.
Definitions
2In this Regulation
“Act” means the Natural Products Act; (Loi)
“Board” means the Dairy Farmers of New Brunswick; (Office)
“Plan” means the plan set out in Part I; (Plan)
“regulated area” means the area specified in section 6; (zone réglementée)
“regulated product” means the farm product specified in section 5. (produit réglementé)
2004-11
I
PLAN
Purpose of Part
3(1)The purpose of this Part is to establish a plan for the board established for the purposes set out in section 8.
3(2)The Plan replaces the plan in New Brunswick Regulation 84-38 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 milk.
Regulated area
6For the purposes of this Regulation, the regulated area is the Province.
Board
7(1)The name of the board is changed from the New Brunswick Milk Marketing Board to the Dairy Farmers of New Brunswick.
7(1.1)On the commencement of this subsection, the name of the board in French is changed from Régie de mise en marché du lait du Nouveau-Brunswick to Producteurs laitiers du Nouveau-Brunswick.
7(2)Any reference to the New Brunswick Milk Marketing Board in any other regulation or in any Act, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the Dairy Farmers of New Brunswick unless the context otherwise requires.
7(2.1)Any reference to Régie de mise en marché du lait du Nouveau-Brunswick in any other regulation or in any Act, rule, order, by-law, agreement or other instrument or document shall be read as a reference to Producteurs laitiers du Nouveau-Brunswick unless the context otherwise requires.
7(3)Any order, rule, by-law, resolution, decision, direction, determination or agreement made by the New Brunswick Milk Marketing Board shall be deemed to have been made by the Dairy Farmers of New Brunswick and continues in force unless any succeeding order, rule, by-law, resolution, decision, direction, determination or agreement otherwise directs.
7(4)Any order, rule, by-law, resolution, decision, direction, determination or agreement made by Régie de mise en marché du Nouveau-Brunswick shall be deemed to have been made by Producteurs laitiers du Nouveau-Brunswick and continues in force unless any succeeding order, rule, by-law, resolution, decision, direction, determination or agreement otherwise directs.
2004-11
Purposes for establishment of Board
8The 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, control and regulation within the regulated area of the production of the regulated product;
(c) the promotion of the consumption and use of the regulated product; and
(d) research activities pertaining to the regulated product.
Mission statement and strategic objectives of Board
9The mission statement and strategic objectives of the Board are, through communications, liaison, research and education, to represent milk producers to other sectors of the dairy industry, consumers and the public, with respect to all matters concerning the production and marketing of the regulated product.
Financing
10The levies and charges authorized to be imposed under this Regulation shall be used to finance the operation of the Plan.
II
POWERS OF BOARD
Powers of Board
11The 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 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;
(f) to require the regulated product to be marketed or produced and marketed on a quota basis;
(g) to fix and allot to persons quotas for the marketing or the production and marketing of the regulated product on such basis as the Board considers proper and to establish such quotas with respect to designated lands and premises;
(h) to refuse to fix and allot to any person a quota under paragraph (g) for any reason that the Board considers proper;
(i) to cancel, reduce, suspend or refuse to increase a quota fixed and allotted to any person under paragraph (g) 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 the Act, the Plan or any regulation or order;
(j) to permit any person to whom a quota has been fixed and allotted under paragraph (g) to market or to produce and market the regulated product in excess of such quota on such terms and conditions as the Board considers proper;
(k) to increase a quota fixed and allotted under paragraph (g);
(l) to regulate or prohibit the transfer of quotas under paragraph (g) and to impose such conditions and procedures on the transfer of quotas as the Board considers proper;
(m) to prohibit any person to whom a quota has not been fixed and allotted under paragraph (g) or whose quota has been cancelled or suspended from marketing or producing and marketing any of the regulated product;
(n) to prohibit any person to whom a quota has been fixed and allotted under paragraph (g) from marketing or producing and marketing any of the regulated product in excess of the quota;
(o) to prohibit any person to whom a quota has been fixed and allotted under paragraph (g) 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;
(p) 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;
(q) to require any person who produces the regulated product to offer to sell and to sell the regulated product to or through the Board;
(r) 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;
(s) to use, in carrying out the purposes of the Plan and paying the expenses of the Board, any money received by the Board;
(t) 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;
(u) 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;
(v) 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;
(w) 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
(x) 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.
2023, c.2, s.192
III
LEVIES AND CHARGES
Levies and charges
12(1)The Board is authorized:
(a) to fix levies or charges and to impose them on and collect them from persons engaged in the marketing or the production and marketing of the whole or any part of the regulated product;
(b) for the purposes of paragraph (a), to classify the persons referred to in that paragraph into groups and fix the levies or charges payable by the members of the different groups in different amounts; and
(c) to use the levies or charges under paragraph (a) for the purposes of the Board, including
(i) the creation of reserves,
(ii) the payment of expenses and losses resulting from the sale or disposal of the regulated product,
(iii) the equalization or adjustment among producers of the regulated product of money realized from the sale of the regulated product during such period or periods of time as the Board may determine, and
(iv) promotion and research activities.
12(2)Any person who receives the regulated product shall deduct from the money payable for the regulated product any levies or charges payable to the Board by the person engaged in the marketing or the production and marketing of the regulated product received and shall forward such levies or charges to the Board or its agent designated for that purpose.
IV
REPEAL
Repeal
13New Brunswick Regulation 84-38 under the Farm Products Marketing Act and New Brunswick Regulation 83-38 under the Farm Products Boards and Marketing Agencies Act are repealed.
V
COMMENCEMENT
Commencement
14This Regulation comes into force on December 2, 2002.
N.B. This Regulation is consolidated to June 16, 2023.