BILL 49 Natural Products Act

BILL 49

Natural Products Act

Chapter Outline

PART I

INTERPRETATION

Definitions 1

agency — agence

board — office

bulk tank milk grader — préposé au classement du lait
en citerne

Canadian Act — loi du Canada

Canadian Board — office canadien

Chairperson — président

Commission — Commission

dairy plant — usine laitière

dairy product — produit laitier

dairy products trade — commerce des produits laitiers

farm product — produit de ferme

fluid cream products — produits de crème nature

fluid milk products — produits laitiers nature

forest management program — programme de gestion
forestière

grade — classe

hen — poule

inspector — inspecteur

livestock — bétail

marketing — commercialisation

milk — lait

milk dealer — exploitant de laiterie

milk vendor — laitier

Minister — Ministre

New Brunswick Forest Products Commission —
Commission des produits forestiers du Nouveau-
Brunswick

order — arrêté

plan — plan

poultry — volaille

primary forest products — produits forestiers de base

private woodlot — terrain boisé privé

Provincial Act — loi provinciale

Provincial Board — office provincial

regulated product — produit réglementé

standards — normes

substitute dairy product — succédané de produit laitier

transporter — transporteur

vehicle — véhicule

Vice-Chairperson — vice-président

Conflict 2

PART II

PURPOSES OF ACT

Purpose and intent of Act 3

PART III

NEW BRUNSWICK FARM PRODUCTS
COMMISSION

New Brunswick Farm Products Commission 4

Membership 5

Quorum 6

Vacancy 7

Remuneration 8

Appointment of secretary and employees of
Commission 9

Procedure at meetings 10

PART IV

POWERS AND DUTIES OF COMMISSION

Powers of Commission 11

Investigations 12


Commission orders respecting agencies and boards 13

Information confidential 14

Supervision over agencies and boards 15

Delegation of powers 16

Power to amend or revoke 17

PART V

PLANS

Establishment of boards, agencies and plans 18

Commission regulations 19

PART VI

BOARDS

Body corporate 20


Board not Crown corporation or agent of Province 21

Bonding 22

Indemnification funds 23

Powers of boards 24

Contracts 25

Authorization of Commission required 26

Powers vested in board by Lieutenant-Governor in
Council 27

Powers vested in board by Commission 28

PART VII

AGENCIES

Body corporate 29


Agency not Crown corporation or agent of Province 30

Bonding 31

Powers of agencies 32

Authorization of Commission required 33

Powers vested in agency by Lieutenant-Governor in
Council 34

Powers vested in agency by Commission 35

PART VIII

LEVIES AND CHARGES

Definitions 36

marketing agency — agence de commercialisation

Levies or charges for purposes of board or marketing
agency 37

Levies and charges constitute debt 38

Levies or charges for forest management programs on
private woodlots 39

Levies and charges constitute debt 40

Levies or charges for purposes of agency 41

PART IX

DAIRY PRODUCTS TRADE

Definitions 42

producer — producteur

Trade areas for dairy products 43

Classification of dairy products trade 44

Requirement for licence 45

Issuance of licence 46

Expiry of licence 47

Licence not transferable 48

Suspension, cancellation and reinstatement of licence 49

Terms and conditions on licence 50

Restrictions 51

Licences for two or more classifications 52

Capacity of producers and milk dealers 53

Reports to Commission 54


Price of fluid milk products and fluid cream products 55

Prohibition order 56

Commission regulations and orders 57

PART X

INSPECTIONS

Appointment of inspectors 58

Certificate of appointment 59

Powers of inspectors 60

Accounts and records 61

Detention of goods by inspector 62

Evidence 63

Offences respecting inspections 64

PART XI

APPEALS

Appeal to the Commission 65

Panel 66

Hearing of appeal 67

Decision 68

Procedure 69

Assessments 70

Appeal to The Court of Appeal of New Brunswick 71

PART XII

LICENCES


Part XII not applicable to dairy licences 72

Refusal of licence 73

Appearance before board 74

Reasons 75

Time limit 76

PART XIII

STANDARDS

Quality and grade standards 77

Product identity 78

Representations 79

PART XIV

COMMODITY DEVELOPMENT COUNCILS

Establishment 80

Board of directors 81

Self-funded 82

Recommendations 83

PART XV

ENFORCEMENT

Enforcement 84

PART XVI

OFFENCES AND PENALTIES

Offence respecting regulations 85


Offence respecting orders, determinations and directions 86

Offence respecting paragraph 37(3)(a) or 39(3)(a) 87

Offence respecting section 54 or 96 88

Offence respecting packing, advertising, sale or
transportation of farm products 89

Offences listed in Schedule A 90

Offence continues for more than one day 91

Evidence 92

PART XVII

GENERAL

Immunity 93

Acts valid 94

Orders 95

Reports to Commission 96

Evidence 97


New Brunswick Forest Products Commission 98

Delegation of authority and agreements 99

Plebiscite 100

Administration 101

Conciliation and arbitration 102


Agreements and awards made by negotiating agency
arbitrator or arbitration board 103

Regulations 104

PART XVIII

TRANSITIONAL

Local boards 105

Farm Products Appeal Panel and Farm Products Appeal
Tribunal 106


Potato Development and Marketing Council 107

Licences 108

Orders, rules, by-laws, resolutions, decisions,
directions, determinations, agreements 109

Regulations under the Dairy Products Act 110

Regulations under the Farm Products Boards and
Marketing Agencies Act
111


Regulations under the Farm Products Marketing Act 112


Regulations under the Natural Products Grades Act 113

Inspectors 114

PART XIX

CONSEQUENTIAL AMENDMENTS

Agricultural Commodity Price Stabilization Act 115

Farm Income Assurance Act 116

Forest Products Act 117

Metric Conversion Act 118

Potato Disease Eradication Act 119

PART XX

REPEAL

Dairy Industry Act 120

Dairy Products Act 121


Farm Products Boards and Marketing Agencies Act
122

Farm Products Marketing Act 123

Imitation Dairy Products Act 124

Natural Products Grades Act 125


Potato Development and Marketing Council Act
126

PART XXI

COMMENCEMENT

Commencement 127

SCHEDULE A

 

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART I

INTERPRETATION

Definitions

1 In this Act

"agency" means an agency established under section 18;

"board" means a board established under section 18 or 105;

"bulk tank milk grader" means a person who grades and samples milk, determines and records the volume of milk in a farm bulk tank and transfers milk from a farm bulk tank to a milk tank truck;

"Canadian Act" means any Act of the Parliament of Canada, whether enacted before or after the commencement of this Act, with objects similar, in whole or in part, to those of this Act;

"Canadian Board" means a board or other body constituted under any Canadian Act;

"Chairperson" means the Chairperson of the New Brunswick Farm Products Commission;

"Commission" means

(a) with respect to farm products other than farm products of the forest, the New Brunswick Farm Products Commission, and

(b) with respect to farm products of the forest, the New Brunswick Forest Products Commission;

"dairy plant" means any place in which a dairy product is manufactured or processed;

"dairy product" means a food or drink produced wholly or chiefly from milk or a milk derivative;

"dairy products trade" means the undertaking for commercial purposes of producing, handling, processing, pasteurizing, homogenizing, bottling, packaging, transporting, delivering or selling milk or cream or any one or more of such undertakings;

"farm product" includes animals, meats, eggs, poultry, wool, milk, dairy products, fruit and fruit products, vegetables and vegetable products, maple products, honey, tobacco, and such other natural products of agriculture and of the forest and any article of food or drink wholly or partly manufactured or derived from any such product that may be designated by regulation;

"fluid cream products" means fluid cream products as defined in the regulations or orders under section 57;

"fluid milk products" means fluid milk products as defined in the regulations or orders under section 57;

"forest management program" means a management program for the development, conservation and management of forestry resources;

"grade" means any grade established under this Act or the regulations;

"hen" means a female of common domestic fowl;

"inspector" means an inspector appointed under this Act;

"livestock" means cattle, goats, sheep and swine, and includes poultry and products of poultry;

"marketing" means buying, selling or offering for sale, and includes advertising, financing, assembling, storing, packing, shipping and transporting in any manner by any person;

"milk" means milk from cows;

"milk dealer" means a person who, as a principal, purchases or receives milk for the purpose of processing or selling fluid milk products or fluid cream products;

"milk vendor" means a person who, as a principal, purchases or receives fluid milk products or fluid cream products from a milk dealer for reselling or distributing to consumers;

"Minister" means

(a) with respect to farm products other than farm products of the forest, the Minister of Agriculture and Rural Development, and includes a person designated by that Minister to act on that Minister’s behalf, and

(b) with respect to farm products of the forest, the Minister of Natural Resources and Energy, and includes a person designated by that Minister to act on that Minister’s behalf;

"New Brunswick Forest Products Commission" means the New Brunswick Forest Products Commission established under the Forest Products Act;

"order" means an order made under this Act or the regulations or continued under this Act;

"plan" means a plan referred to in section 18 or a plan in a regulation referred to in paragraph 112(1)(a);

"poultry" means any poultry designated as a regulated product under this Act;

"primary forest products" means primary forest products as defined in the Forest Products Act;

"private woodlot" means a private woodlot as defined in the Forest Products Act;

"Provincial Act" means any Act of any other province, whether enacted before or after the commencement of this Act, with objects similar, in whole or in part, to those of this Act;

"Provincial Board" means a board or other body constituted under a Provincial Act, whether constituted before or after the commencement of this Act;

"regulated product" means a farm product for which a plan in respect of the purpose or purposes referred to in subsection 18(1) is in force, or for which a plan in a regulation referred to in paragraph 112(1)(a) is in force;

"standards" means those rules, tests, measures or specifications by which the quality or grade of a farm product is determined;

"substitute dairy product" means any food or drink manufactured from blends of dairy and non-dairy ingredients or from blends of non-dairy ingredients;

"transporter" means a carrier by any means of regulated products on a highway, as defined in the Highway Act, in the Province;

"vehicle" includes a motor vehicle, wagon, railway car, ship, boat or other thing in which a farm product can be transported;

"Vice-Chairperson" means the Vice-Chairperson of the New Brunswick Farm Products Commission.

 

 

 

Conflict

2 If a conflict exists between this Act, any regulation made under this Act or any order made under this Act or the regulations and the Health Act or any regulation made under the Health Act in a matter relating principally to public health, the Health Act and any regulation made under it prevail.

 

PART II

PURPOSES OF ACT

Purpose and intent of Act

3 The purpose and intent of this Act is to provide

(a) for the promotion, control and regulation within the Province in any or all respects of the marketing of farm products over which the legislative jurisdiction of the Legislature extends, including the prohibition of such marketing in whole or in part,

 

(b) for the promotion, control and regulation within the Province in any or all respects of the production of farm products over which the legislative jurisdiction of the Legislature extends, including the prohibition of such production in whole or in part,

 

(c) for the promotion of farm products and for research relating to farm products over which the legislative jurisdiction of the Legislature extends,

(d) for the establishment of standards for farm products,

(e) for the establishment of standards for facilities used for the production, marketing or processing of farm products,

(f) for the establishment of commodity development councils to provide a forum for producers and industry to meet to discuss issues of mutual interest, and

(g) for the development, conservation and management of forestry resources on private woodlots in the Province.

PART III

NEW BRUNSWICK FARM PRODUCTS COMMISSION

New Brunswick Farm Products Commission

4(1) The Farm Products Marketing Commission continues as a body corporate under the name New Brunswick Farm Products Commission.

 

4(2) The members of the Commission continued under subsection (1) who held office immediately before the commencement of this section continue in office, subject to the provisions in this Act, until they are reappointed or replaced.

 

4(3) Any reference to the Farm Products Marketing Commission in any other Act or in any regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the New Brunswick Farm Products Commission unless the context requires otherwise.

 

 

Membership

5(1) The Commission shall consist of nine members, including a Chairperson, a Vice-Chairperson and seven other members.

5(2) The members shall be appointed by the Lieutenant-Governor in Council to hold office during good behaviour for a term of five years and are eligible for reappointment.

5(3) The Lieutenant-Governor in Council shall appoint two of the members as Chairperson and Vice-Chairperson.

5(4) The membership of the Commission shall consist of

(a) one member representing the Department of Agriculture and Rural Development;

(b) one member representing the interests of consumers;

(c) one member representing the New Brunswick Milk Marketing Board;

(d) one member representing the New Brunswick Milk Dealers Association;

 

(e) three members who are engaged directly as producers in the marketing of a farm product; and

(f) two members nominated by the Minister.

5(5) Notwithstanding the expiration of a member’s term, a member of the Commission shall remain a member until reappointed or replaced.

 

Quorum

6 Five members of the Commission constitute a quorum.

Vacancy

7 A vacancy on the Commission does not impair the right of the remaining members to act.

 

Remuneration

8 The Lieutenant-Governor in Council may authorize the payment of an honorarium to members of the Commission and may fix the rate for reimbursement of expenses incurred by the members while acting on behalf of the Commission.

Appointment of secretary and employees of Commission

9 The Lieutenant-Governor in Council may appoint a secretary of the Commission, and provide for the appointment of such other officers, agents and employees as are necessary for carrying out the provisions of this Act and the regulations, orders and plans, and may fix their remuneration.

Procedure at meetings

10 The Commission may make rules governing the procedure at its meetings and the Regulations Act does not apply to such rules.

PART IV

POWERS AND DUTIES OF
COMMISSION

Powers of Commission

11(1) The Commission has the following powers:

(a) to investigate, arbitrate, adjudicate upon, adjust or otherwise settle any dispute involving producers, agencies, boards, processors, distributors or transporters of farm products;

 

(b) to investigate the cost of producing, processing, distributing and transporting any farm product, prices, price spreads, trade practices, methods of financing, management, grading, policies and other matters relating to the marketing or the production and marketing of a farm product;

 

(c) to require persons engaged in the marketing or the production and marketing of a regulated product, in the promotion of the consumption and use of a farm product, or in research activities pertaining to a farm product to register their names, addresses and occupations with the Commission, agency or board;

 

 

(d) to require persons engaged in the marketing, the production and marketing or the processing of a regulated product to furnish such information relating to the marketing, the production and marketing or the processing of the regulated product, including the completing and filing of reports or returns on a periodic basis or otherwise as the Commission or board determines;

(e) to require persons engaged in the promotion of the consumption and use of a farm product or in research activities pertaining to a farm product to furnish such information relating to such promotion and activities, including the completing and filing of reports or returns on a periodic basis or otherwise as the Commission or agency determines;

 

 

(f) to require the furnishing of security or proof of financial responsibility by any person engaged in the marketing of a regulated product and to provide for the administration and disposition of all money or securities so furnished;

 

(g) to cooperate with a marketing board, local board, commodity board, marketing commission or marketing agency of Canada or of any province in Canada for the purpose of the marketing, the production and marketing or the processing of any regulated product;

 

(h) to cooperate with a board, commission or agency of Canada or of any province in Canada for the purpose of promoting the consumption and use of any farm product or the purpose of research activities pertaining to any farm product; and

(i) to do such acts and make such orders and issue such directions not inconsistent with a plan or the regulations as are necessary to enforce the due observance and carrying out of the provisions of this Act, the regulations or any plan.

11(2) The Commission has the following additional powers in relation to the dairy industry and the dairy products trade:

(a) to establish or prescribe within the Province or within the limits of any area in the Province that it may designate, a price or scale of prices to be paid for fluid milk products or fluid cream products;

(b) to fix the rates and charges or the maximum and minimum or maximum or minimum rates or charges that a transporter is authorized to charge for the transportation of milk, the schedules and service that such a transporter must observe and provide, and the hours during which the transportation of milk is permissible;

(c) to supervise, control and regulate, in the Province, the purchase, transportation, handling, processing, preparation, storing, delivery, sale and distribution of milk or cream;

 

(d) to prescribe and define the rights, privileges, obligations and liabilities of transporters and shippers and receivers in relation to the carriage and delivery of milk or cream;

(e) to establish classifications for milk or cream based on the use made of the milk or cream by milk dealers and other persons processing milk or processing or manufacturing cream in the Province;

(f) to establish a price or the method of determining the price paid by milk dealers or other persons processing milk or processing or manufacturing cream in the Province for each classification of milk or cream established under paragraph (e);

(g) to prescribe the time within which payment of the price established under paragraph (f) shall be made;

(h) to regulate the manufacture, processing, distribution or sale of reconstituted milk;

 

(i) to prescribe the books of accounts, records and reports to be kept or made by any producer, milk dealer or transporter of milk;

(j) to prescribe the terms and conditions upon which milk or cream may be produced, received, handled, transported, stored, delivered, supplied, processed, kept for sale or sold, and to prescribe the method of determining the butterfat or other components of milk or cream;

 

(k) to provide that milk or cream shall be marketed by or through the Commission or the New Brunswick Milk Marketing Board, and to fix, impose and collect service charges to meet the expenses of marketing milk or cream;

 

 

(l) to require any person who produces milk to sell milk to or through the Commission or the New Brunswick Milk Marketing Board, and to prohibit any person from marketing milk otherwise than by or through the Commission or the New Brunswick Milk Marketing Board, as the case may be; and

 

 

 

(m) to conduct or to permit the New Brunswick Milk Marketing Board to conduct a pool for the distribution of money received from the sale of milk and

 

 

 

(i) after deducting all expenses, to distribute the remainder of the money so that the payment to each person entitled to share is based on the volume, components or other factors determined by the Commission or the New Brunswick Milk Marketing Board, as the case may be, of the milk supplied by the person and the amount of quota for the marketing of milk allotted to the person, and

(ii) to make an initial payment on delivery of milk and subsequent payments until the remainder of the money received from the sale is distributed.

11(3) Subject to this Act and the regulations, the Commission may make orders or issue directions in the exercise of any of its powers under subsection (1) or (2) or under any other provision of this Act or the regulations.

 

11(4) The Regulations Act does not apply to directions referred to in subsection (3).

Investigations

12(1) For the purposes of an investigation under this Part, the Commission may delegate such of its powers as it considers necessary to one or more of its members or to any other person and may establish terms and conditions as to the exercise of such power and may terminate such delegation at any time.

12(2) The Commission, or person delegated its powers to conduct an investigation, shall have for the purposes of conducting an investigation all the powers and privileges conferred on commissioners appointed under the Inquiries Act, and all of the provisions of that Act when applicable to and not inconsistent with the provisions of this Part shall apply to this Part.

 

Commission orders respecting agencies and boards

13 The Commission may make orders

(a) providing for the filing by each agency or board with the Commission of true copies of

 

(i) minutes of all meetings of the agency or board,

(ii) all by-laws of the agency or board,

(iii) all orders, decisions or determinations of the agency or board,

(iv) all annual reports of operations of the agency or board,

(v) all audited financial statements of the agency or board,

(vi) all bonds required to be provided under subsection 22(1) or 31(1), and

 

(vii) such further statements and reports as the Commission requires from the agency or board;

(b) providing for

(i) the furnishing to persons engaged in the marketing or the production and marketing of a regulated product of copies of the annual report of operations and the financial statements of each agency or board, or

 

(ii) the publication of the annual report of operations and the financial statement of each agency or board;

(c) authorizing any agency or board to appoint agents, to prescribe their duties and terms and conditions of employment and to provide for their remuneration; and

(d) notwithstanding any other Act, respecting

(i) the carrying out by the Commission or a trustee of any or all of the powers of an agency or board,

(ii) the vesting in the Commission or a trustee of the assets of an agency or board and, where any order made under this subparagraph is in conflict with any by-law of the agency or board, the order prevails, and

(iii) the dissolving of an agency or board and the distribution of its assets.

Information confidential

14 Every member, employee or officer of the Commission or an agency or board shall preserve secrecy with respect to all information and material received under paragraph 11(1)(d) or (e) or acquired by an inspector under section 60, and no person shall communicate any information with respect to any such matter to any person, except

(a) for purposes relating to the enforcement of this Act, the regulations, the orders or any plan, or for purposes relating to a hearing or appeal under this Act;

 

(b) upon the request or with the written permission of the person to whom the matter relates; or

(c) for purposes relating to the enforcement of a Canadian Act or any marketing plan established under a Canadian Act.

Supervision over agencies and boards

15 The Commission has general supervision over all agencies and boards constituted under this Act and shall perform such other duties and functions and exercise such authority prescribed by regulation in order to carry out the purpose and intent of this Act.

Delegation of powers

16(1) The Commission may, by order, delegate to an agency or board such of its powers under this Act and the regulations as it considers necessary.

 

16(2) In a delegation, the Commission may establish terms and conditions as to the exercise of such powers and may limit the powers of the agency or board in any or all respects.

16(3) The Commission may, by order, terminate a delegation at any time.

Power to amend or revoke

17(1) The Commission may amend or revoke any order, decision, direction, rule, by-law, resolution or determination of an agency or board.

 

 

17(2) Except with the approval of the Commission, an agency or board shall not make an order, decision, direction, rule, by-law, resolution or determination on the same matter as or a matter related to an order, decision, direction, rule, by-law, resolution or determination amended or revoked by the Commission.

 

 

17(3) The Commission may substitute its own order, decision, direction, rule, by-law, resolution or determination for that of an agency or board.

 

PART V

PLANS

Establishment of boards, agencies and plans

18(1) Upon the request of a group of producers who market a farm product in the Province or in an area of the Province, the Commission may, if it is of the opinion after investigation that such group is fairly representative of the producers who market that farm product in the Province or in that area, recommend to the Minister that a board be established for the purpose of the promotion, control and regulation within the Province or that area of the marketing of the farm product and, if requested, for any or any combination of the following purposes:

 

(a) the promotion, control and regulation within the Province or that area of the production of the farm product;

(b) if the farm product is a farm product of the forest, the development, conservation and management of forestry resources on private woodlots in the Province or that area;

 

(c) the promotion of the consumption and use of the farm product; or

(d) research activities pertaining to the farm product.

18(2) Where no board is established under subsection (1) in respect of the same farm product, and upon the request of a group of producers of a farm product in the Province or in an area of the Province, the Commission may, if it is of the opinion after investigation that such group is fairly representative of the producers who produce that farm product in the Province or in that area, recommend to the Minister that an agency be established for either or both of the following purposes:

 

(a) the promotion of the consumption and use of the farm product; or

(b) research activities pertaining to the farm product.

18(3) Where the Commission is of the opinion that a plan should be amended or where it receives from an agency, board or group of producers a request that amendments be made to a plan or a regulation under this section, the Commission may recommend such amendment to the Minister.

 

18(4) Before making a recommendation to the Minister under this section, the Commission may ascertain the opinion of such producers who will be affected by the proposed amendment as the Commission considers necessary.

18(5) The Lieutenant-Governor in Council, on the recommendation of the Minister, may make regulations

(a) respecting the establishment, amendment or revocation of a plan to establish a board, under any name approved by the Commission, for the purpose of the promotion, control and regulation within the Province or an area of the Province of the marketing of a farm product and, if recommended, for any or any combination of the purposes referred to in paragraphs (1)(a) to (d);

 

(b) where no board is established for the same farm product, respecting the establishment, amendment or revocation of a plan to establish an agency, under any name approved by the Commission, for either or both of the purposes referred to in subsection (2).

 

18(6) A plan in a regulation under subsection (5) shall include:

(a) the farm product that is the subject of the plan;

(b) where a board is established, the purpose or purposes for which the board is established;

(c) where an agency is established, the purpose or purposes for which the agency is established;

(d) whether the plan applies to all of the Province or to an area in the Province;

(e) the mission statement and strategic objectives of the agency or board; and

(f) the methods by which the operation of the plan is to be financed.

18(7) A regulation under subsection (5) may apply to

(a) one or more farm products or any part, class, variety, grade or size of farm product, including any part or class of farm product produced or marketed for a particular purpose,

 

 

(b) where a board is established, any or all persons engaged in marketing or in producing and marketing such farm products, and

 

(c) where an agency is established, any or all persons engaged in producing such farm products.

18(8) An agency or board shall carry out the purposes for which it is established in accordance with the powers conferred on, delegated to or vested in it under this Act and the regulations.

 

Commission regulations

19 Where there is a plan established by regulation under subsection 18(5), the Commission may, by regulation,

(a) prescribe the number of members of an agency or board and the method by which the members are to be chosen, whether by appointment or election, or partly one way and partly the other;

 

(b) prescribe by-laws for the conduct of the government of an agency or board, including one for the appointment of an executive committee of an agency or board to exercise such powers as may be conferred upon it by the agency or board, and provide that any power so exercised by the executive committee shall be deemed to have been exercised by the agency or board;

(c) provide for the establishment of advisory committees to advise and make recommendations to the agency or board in respect of any matter respecting which the agency or board is empowered to make orders under this Act, the regulations or the plan;

(d) determine the constitution of advisory committees and prescribe the practice and procedure to be followed by such committees;

(e) empower an agency or board to make by-laws not inconsistent with this Act, the regulations or the plan.

 

PART VI

BOARDS

Body corporate

20 A board is a body corporate.

Board not Crown corporation or agent of Province

21 A board is not a Crown corporation and is not an agent of Her Majesty in right of the Province and the chairperson, other members of the board and employees of the board are not part of the public service of New Brunswick.

Bonding

22(1) A board shall provide bonding for such of its officers, employees and agents as the Commission requires.

22(2) A bond required under subsection (1) shall be insured by a company approved by the Lieutenant-Governor in Council under section 5 of the Surety Bonds Act.

 

Indemnification funds

23(1) A board may, with the approval of the Commission and subject to such terms and conditions as the Commission determines from time to time, establish and maintain one or more funds which may be used to indemnify producers or protect producers against financial loss suffered by them or on their behalf in respect of the marketing of a regulated product.

23(2) Where a fund is established under subsection (1), the board may, by order, levy and collect from the producers such amounts as are required for the operation of the fund, and the payments made into the fund shall not form part of the licence fee or service charge applicable to those producers.

23(3) The Insurance Act does not apply to a fund operated under this section.

Powers of boards

24(1) A board may exercise the powers conferred upon, delegated to or vested in it under this Act and the regulations.

24(2) Subject to this Act and the regulations, a board may make orders or issue directions in the exercise of the powers conferred upon, delegated to or vested in it under this Act and the regulations.

 

24(3) The Regulations Act does not apply to directions referred to in subsection (2).

24(4) When authorized by the Lieutenant-Governor in Council, a board may, to the extent of the authorization, exercise any of the powers conferred upon it under any law of Canada respecting regulated products, whether enacted before or after the commencement of this subsection.

 

24(5) The Regulations Act does not apply to an authorization under subsection (4).

Contracts

25 A board may enter into contracts for the sale of a regulated product for such periods of time and at such price or prices as it considers advisable.

Authorization of Commission required

26(1) Before borrowing money or guaranteeing the repayment of a loan, a board shall obtain the authorization in writing of the Commission, and such authorization shall be subject to such terms and conditions as the Commission may specify.

 

26(2) No board shall make grants, gifts or other similar payments of money in excess of one thousand dollars to any person, association or body of persons without the approval of the Commission.

 

Powers vested in board by Lieutenant-Governor in Council

27(1) The Lieutenant-Governor in Council may make regulations vesting in a board the following powers:

(a) to prohibit the marketing or the production and marketing, in whole or in part, of any regulated product;

(b) to market a regulated product;

(c) to regulate the time and place at which, and to designate the body by or through which, a regulated product shall be marketed or produced and marketed;

 

 

 

(d) to regulate the manner in which a 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 a regulated product to register with and obtain licences from the board, and to prohibit any person from marketing or producing and marketing a regulated product without a licence;

 

(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 a 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 this Act, a plan, a regulation or any order of the board and to reinstate a licence that has been suspended or cancelled;

 

(h) to require a regulated product to be marketed or produced and marketed on a quota basis;

(i) to fix and allot to persons quotas for the marketing or the production and marketing of a regulated product on such basis as the board considers proper and to establish such quotas with respect to designated lands and premises;

 

(j) to require that hens be possessed on a quota basis and to fix and allot to persons quotas with respect to the possession of hens on such basis as the board considers proper;

 

(k) to refuse to fix and allot to any person a quota under paragraph (i) or (j) for any reason that the board considers proper;

(l) to cancel, reduce, suspend or refuse to increase a quota fixed and allotted to any person under paragraph (i) or (j) 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 this Act or any regulation, order or plan;

(m) to permit any person to whom a quota has been fixed and allotted under paragraph (i) or (j) to market or to produce and market any regulated product or to possess any hens, as the case may be, in excess of such quota on such terms and conditions as the board considers proper;

 

(n) to increase a quota fixed and allotted under paragraph (i) or (j);

(o) to regulate or prohibit the transfer of quotas under paragraph (i) or (j) and to impose such conditions and procedures on the transfer of quotas as the board considers proper;

(p) to prohibit any person to whom a quota has not been fixed and allotted under paragraph (i) or (j) or whose quota has been cancelled or suspended from marketing or producing and marketing any of the regulated product or from possessing hens, as the case may be;

 

(q) to prohibit any person to whom a quota has been fixed and allotted under paragraph (i) or (j) from marketing or producing and marketing any of the regulated product in excess of the quota, or from having in his or her possession a greater number of hens than that permitted under the quota, as the case may be;

 

(r) to prohibit any person to whom a quota has been fixed and allotted under paragraph (i) 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;

(s) 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 Province, and to fix different prices for different parts or areas of the Province;

(t) 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;

(u) to require any person who produces a regulated product to offer to sell and to sell the regulated product to or through the board established in respect to that regulated product;

(v) 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 established in respect of that regulated product;

(w) to use, in carrying out the purposes of a plan and paying the expenses of the board, any money received by the board;

(x) to require any person who receives a 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;

(y) to implement and administer forest management programs on private woodlots;

(z) to undertake and assist in the promotion of the consumption and use of any regulated product in relation to which it may exercise its powers, the improvement of the quality and variety of such regulated product and the publication of information in relation to such regulated product;

(aa) 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 in relation to which it may exercise its powers;

(bb) to cooperate with any Canadian Board or Provincial Board to regulate the marketing of a regulated product of the Province and to act conjointly with the Canadian Board or Provincial Board for such purposes;

(cc) to make such orders as are considered by the board necessary or advisable to regulate effectively the marketing or the production and marketing of a regulated product or to exercise any power vested in the board;

(dd) the powers of a corporation under the Business Corporations Act and, subject to this Act, in the exercise of such powers the members of the board shall be deemed to be its shareholders and directors.

27(2) The Lieutenant-Governor in Council may make regulations vesting in a board established for the promotion, control and regulation of the production and marketing of eggs or poultry, or both eggs and poultry, the following powers:

 

(a) to require the licensing of any person who maintains hens and to prohibit any person from maintaining hens without a licence;

(b) to enter on lands or premises used for producing eggs or poultry and to perform a count of poultry on those lands or premises.

27(3) A regulation under this section may be limited as to time and place.

27(4) Nothing in subsection (1) or (2) shall be construed to prohibit or restrict any person from maintaining hens or other poultry or from producing eggs from such hens or poultry solely for the personal consumption of that person or his or her family.

27(5) Where any person who receives a regulated product is required in a regulation under paragraph (1)(x) to deduct from the money payable for the regulated product any licence fee or charge referred to in paragraph (1)(f) that is payable to a board by the person marketing or producing and marketing the regulated product received, the licence fee or charge that has been deducted or should have been deducted from the money payable for the regulated product shall constitute a debt due to the board from the person who received the regulated product and may be recovered by action in the name of the board in any court of competent jurisdiction.

Powers vested in board by Commission

28(1) The Commission may make regulations vesting in a board the following powers:

 

(a) to regulate the quantity and quality, grade or class of a regulated product that may be marketed at any time and to prohibit, in whole or in part, the marketing of any grade, quality or class of a regulated product except through the board;

 

 

(b) to exempt from any order of the board any person or class of persons engaged in the marketing or the production and marketing of a regulated product or any class, variety or grade of a regulated product;

 

(c) to conduct a pool or pools for the distribution of money received from the sale of the regulated product, and, after deducting all expenses, to distribute the remainder of the money so that the payment to each person entitled to share is based on the amount, class, variety and grade of the regulated product delivered by him or her, and to make an initial payment on delivery of the regulated product and subsequent payments until the remainder of the money received from the sale is distributed;

 

(d) to appoint officers and employees, assign their duties and fix their remuneration.

28(2) Nothing in subsection (1) shall be construed to prohibit or restrict any person from maintaining hens or other poultry or from producing eggs from those hens or other poultry solely for the personal consumption of that person or his or her family.

 

28(3) Notwithstanding any other provision of this Act or the regulations, orders or plans, the Commission may, subject to such terms and conditions as the Commission may specify, make regulations vesting in the New Brunswick Milk Marketing Board the following powers:

 

(a) to take or otherwise acquire and hold shares in any corporation carrying on any business that relates to milk, cream or milk components, whether processed or not, to be marketed outside Canada and that the Board considers is capable of being conducted so as directly or indirectly to benefit the dairy industry and the dairy products trade;

 

(b) to market milk, cream or milk components, whether processed or not, outside Canada.

28(4) A regulation of the Commission under this section may be limited as to time and place.

 

PART VII

AGENCIES

Body corporate

29 An agency is a body corporate.

Agency not Crown corporation or agent of Province

30 An agency is not a Crown corporation and is not an agent of Her Majesty in right of the Province and the chairperson, other members of the agency and employees of the agency are not part of the public service of New Brunswick.

Bonding

31(1) An agency shall provide bonding for such of its officers, employees and agents as the Commission requires.

31(2) A bond required under subsection (1) shall be insured by a company approved by the Lieutenant-Governor in Council under section 5 of the Surety Bonds Act.

 

Powers of agencies

32(1) An agency may exercise the powers conferred upon, delegated to or vested in it under this Act and the regulations.

32(2) Subject to this Act and the regulations, an agency may make orders or issue directions in the exercise of the powers conferred upon, delegated to or vested in it under this Act and the regulations.

 

32(3) The Regulations Act does not apply to directions referred to in subsection (2).

32(4) When authorized by the Lieutenant-Governor in Council, an agency may, to the extent of the authorization, exercise any of the powers conferred upon it under any law of Canada respecting farm products, whether enacted before or after the commencement of this subsection.

 

32(5) The Regulations Act does not apply to an authorization under subsection (4).

Authorization of Commission required

33(1) Before borrowing money or guaranteeing the repayment of a loan, an agency shall obtain the authorization in writing of the Commission, and such authorization shall be subject to such terms and conditions as the Commission may specify.

 

33(2) No agency shall make grants, gifts or other similar payments of money in excess of one thousand dollars to any person, association or body of persons without the approval of the Commission.

 

Powers vested in agency by Lieutenant-Governor in Council

34 The Lieutenant-Governor in Council may make regulations vesting in an agency the powers of a corporation under the Business Corporations Act and, subject to this Act, in the exercise of such powers the members of the agency shall be deemed to be its shareholders and directors.

 

Powers vested in agency by Commission

35 The Commission may make regulations vesting in an agency the following powers:

(a) to exempt from the plan respecting promotion or research of a farm product any producer or class of producers;

(b) to appoint officers and employees, assign their duties and fix their remuneration;

 

(c) to undertake and assist in the promotion of the consumption and use of any farm product in relation to which it may exercise its powers, the improvement of the quality and variety of such farm product and the publication of information in relation to such farm product;

 

(d) to undertake or to engage other persons to conduct research activities with respect to, and advertise and promote in any other manner, the farm product in relation to which it may exercise its powers.

 

PART VIII

LEVIES AND CHARGES

Definitions

36 In this Part

"marketing agency" means a marketing agency of Canada that is authorized to exercise powers of regulation in relation to the marketing of a regulated product in interprovincial or export trade.

 

 

Levies or charges for purposes of board or marketing agency

37(1) The Lieutenant-Governor in Council may, by regulation, grant to any board or marketing agency in relation to the marketing or the production and marketing of any regulated product locally within the Province, authority

 

(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 such board or marketing agency, including

(i) the creation of reserves,

(ii) the payment of expenses and losses resulting from the sale or disposal of any such regulated product,

(iii) the equalization or adjustment among producers of any regulated product of money realized from the sale of such regulated product during such period or periods of time as the board or marketing agency may determine, and

(iv) promotion and research activities.

 

37(2) In a regulation under subsection (1), the Lieutenant-Governor in Council may impose terms and conditions respecting the authority.

 

37(3) In a regulation under subsection (1), the Lieutenant-Governor in Council may

(a) require any person or class of persons who markets primary forest products produced on a private woodlot in the regulated area defined in the regulation, to provide, within such time as is prescribed in the regulation, to any person who receives such primary forest products a declaration in the form prescribed by the regulation;

 

(b) where paragraph (a) is not complied with, deem such primary forest products to have been produced on a private woodlot in the regulated area, if any, where the person who receives the primary forest products is located;

(c) provide that paragraphs (a) and (b) do not apply where a load slip, containing essentially the same information as is required in the declaration, accompanies the primary forest products;

 

(d) require any person or class of persons who receives primary forest products from a private woodlot, 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 and to forward such levies or charges to the board or its agent designated for that purpose.

37(4) In a regulation under subsection (1), the Lieutenant-Governor in Council may require any person who receives a regulated product to deduct from the money payable for the regulated product any levies or charges payable to a board or marketing agency by the person engaged in the marketing or the production and marketing of the regulated product received and to forward such levies or charges to the board or marketing agency or its agent designated for that purpose.

 

37(5) Where a board or marketing agency is granted authority under subsection (1), the board or marketing agency may, in the exercise of that authority, make orders or issue directions subject to any terms and conditions in the regulations under subsection (1).

 

37(6) The Regulations Act does not apply to directions referred to in subsection (5).

Levies and charges constitute debt

38(1) Where a board or marketing agency is granted authority to fix, impose and collect levies or charges under subsection 37(1), 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 the whole or any part of the regulated product shall constitute a debt due to the board or marketing agency from such person and may be recovered by action in the name of the board or marketing agency in any court of competent jurisdiction.

 

38(2) Where any person who receives a regulated product is required under subsection 37(3) or (4) to deduct from the money payable for the regulated product any levies or charges payable to a board or marketing agency by the person engaged in the marketing or the production and marketing of the regulated product received, the amount of any levies or charges that have been deducted or should have been deducted from the money payable for the regulated product under subsection 37(3) or (4) shall constitute a debt due to the board or marketing agency from the person who received the regulated product and may be recovered by action in the name of the board or marketing agency in any court of competent jurisdiction.

 

Levies or charges for forest management programs on private woodlots

39(1) The Lieutenant-Governor in Council may, by regulation, grant to a board in relation to the development, conservation and management of forestry resources on private woodlots in the Province authority

(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 primary forest products on private woodlots;

(b) for the purposes of paragraph (a), to classify the persons referred to in paragraph (a) 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 implementing and administering forest management programs on private woodlots.

39(2) In a regulation under subsection (1), the Lieutenant-Governor in Council may impose terms and conditions respecting the authority.

 

39(3) In a regulation under subsection (1), the Lieutenant-Governor in Council may

(a) require any person or class of persons who markets primary forest products produced on a private woodlot in the regulated area defined in the regulation, to provide, within such time as is prescribed in the regulation, to any person who receives such primary forest products a declaration in the form prescribed by the regulation;

 

(b) where paragraph (a) is not complied with, deem such primary forest products to have been produced on a private woodlot in the regulated area, if any, where the person who receives the primary forest products is located;

(c) provide that paragraphs (a) and (b) do not apply where a load slip, containing essentially the same information as is required in the declaration, accompanies the primary forest products;

 

(d) require any person or class of persons who receives primary forest products from a private woodlot, 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 and to forward such levies or charges to the board or its agent designated for that purpose.

39(4) Where a board is granted authority under subsection (1), the board may, in the exercise of that authority, make orders or issue directions subject to any terms and conditions in the regulations under subsection (1).

39(5) The Regulations Act does not apply to directions referred to in subsection (4).

Levies and charges constitute debt

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.

Levies or charges for purposes of agency

41(1) The Lieutenant-Governor in Council may, by regulation, grant to any agency in relation to the promotion of or research pertaining to any farm product locally within the Province, authority

(a) to fix levies or charges and to impose them on and collect them from persons engaged in the production of the whole or any part of the farm 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 such agency, including expenses of the agency and promotion and research activities.

41(2) In a regulation under subsection (1), the Lieutenant-Governor in Council may impose terms and conditions respecting the authority.

 

41(3) In a regulation under subsection (1), the Lieutenant-Governor in Council may require any person who receives a farm product to deduct from the money payable for the farm product any levies or charges payable to an agency by the person engaged in the production of the farm product received and to forward such levies or charges to the agency or its agent designated for that purpose.

41(4) An agency may refund any levies or charges paid under subsection (1) or (3) upon written request.

41(5) Where an agency is granted authority under subsection (1), the agency may, in the exercise of that authority, make orders or issue directions subject to any terms and conditions in the regulations under subsection (1).

 

41(6) The Regulations Act does not apply to directions referred to in subsection (5).

PART IX

DAIRY PRODUCTS TRADE

Definitions

42 In this Part

"producer" means a person who produces and sells or supplies milk or cream from his or her own herd to a board.

Trade areas for dairy products

43(1) Where the Commission considers it expedient, it may by order designate or establish the limits of an area in the Province for trade in dairy products.

43(2) The Commission may make further orders with respect to the dairy products trade in or affecting an area as it may consider expedient in the interest of the consumer in the area and the persons engaged directly or indirectly in such trade in or affecting the area.

43(3) Where the Commission considers it expedient, it may by order vary or abolish the limits of any area designated or established in this section, and vary or revoke any further orders relating to the dairy products trade in any such area accordingly.

Classification of dairy products trade

44(1) All persons engaged in the dairy products trade shall be classified as follows:

(a) producer;

(b) milk dealer;

(c) milk vendor;

(d) bulk tank milk grader;

(e) transporter; or

(f) such other classifications as are prescribed in the regulations or orders under section 57.

 

44(2) The Commission may determine the classification applicable to any person and its decision is final.

Requirement for licence

45(1) Except where exempted in accordance with the regulations or orders under section 57, and subject to subsection (2), no person shall engage in the producing, processing or marketing of milk or any dairy product unless he or she is the holder of a valid licence under this Part in a classification under section 44.

 

45(2) No person shall engage in the dairy products trade as a milk dealer or milk vendor in an area designated or established under section 43 unless he or she is the holder of a valid licence under this Part for a milk dealer or milk vendor, as the case may be, in that area.

 

Issuance of licence

46(1) Subject to subsection (2), the Commission may issue a licence in its discretion and, if any regulations or orders have been made under section 57, in accordance with the regulations or orders.

 

46(2) No licence shall be issued unless the Commission is satisfied that its issuance is in the interest of the general public or the dairy products trade.

Expiry of licence

47 Subject to any provision of this Part, a licence issued under this Part expires on the thirty-first day of March next following its issuance.

 

Licence not transferable

48 No licence issued under this Part is transferable except with the written permission of the Commission.

Suspension, cancellation and reinstatement of licence

49 The Commission may suspend, cancel or reinstate a licence in its discretion and, if any regulations or orders have been made under section 57, in accordance with the regulations or orders.

 

Terms and conditions on licence

50(1) The Commission may impose terms and conditions on the issuance, suspension, cancellation or reinstatement of a licence under this Part in accordance with the regulations or orders under section 57.

 

50(2) In addition to any terms and conditions imposed in accordance with the regulations or orders under section 57, the Commission may impose such terms and conditions as it considers appropriate on the issuance, suspension, cancellation or reinstatement of a licence under this Part.

 

Restrictions

51(1) A licence issued under this Part to engage in one classification of the dairy products trade does not authorize a person to engage in any other classification.

 

51(2) No person shall engage in any classification of the dairy products trade unless he or she is the holder of a valid licence issued under this Part for that classification.

Licences for two or more classifications

52(1) The Commission may issue to a single person licences for two or more classifications.

 

52(2) Where a person has licences issued under this Part for two or more classifications, the person has all the rights and privileges for each classification and is subject to all the duties and obligations of each classification.

Capacity of producers and milk dealers

53 Any person who is a producer and milk dealer shall be deemed to have received, in his or her capacity as a milk dealer, from himself or herself in his or her capacity as a producer, the milk or cream produced by him or her that he or she distributes, and to have contracted in that capacity with himself or herself in his or her capacity as a producer for the marketing of such milk or cream on the condition that the regulations and orders made under this Act apply.

Reports to Commission

54 Every person who in the opinion of the Commission is directly or indirectly engaged in or connected with the dairy products trade shall make, in such form and manner and within or for such time as the Commission determines, any report considered necessary by the Commission for the purposes of this Part or the regulations or orders under this Part.

 

Price of fluid milk products and fluid cream products

55(1) No person shall suffer, give, accept or be party to any rebate, discount, premium, bonus, prize or any other method, scheme or practice with the intention of, or which in the opinion of the Commission results in, the buying or selling of fluid milk products or fluid cream products in the Province or in an area designated or established under section 43 at a price less than that established by the Commission for such sale.

 

55(2) For the purposes of this section, a person who works in connection with or purports to act on behalf of any other person is deemed to be the employee or agent of such other person.

 

Prohibition order

56(1) Where, on the report of an inspector, the Commission has reasonable grounds to believe that milk does not comply with the requirements of this Act or the regulations, orders or plans, the Commission may make an order prohibiting the delivery, sale or offering for sale to a dairy plant or the receipt at a dairy plant of the milk by the persons, within the period of time and in accordance with any other directions set out in the order.

 

56(2) An order under subsection (1) shall be in writing and shall contain reasons for its making.

56(3) An order under subsection (1) shall be served personally on the owner of the milk or the person who has control of the milk.

56(4) No appeal lies from an order under subsection (1).

Commission regulations and orders

57(1) The Commission may make regulations or orders for the carrying out of this Part, including without limiting the generality of the foregoing, regulations or orders in respect of the powers of the Commission under subsection 11(2), and regulations or orders

 

(a) prescribing classifications of licences for the purposes of subsection 44(1);

(b) exempting persons or classes of persons from the application of subsection 45(1);

(c) respecting licensing under this Part, including the application for and the issuance, suspension, cancellation and reinstatement of a licence, the terms and conditions upon which a licence may be issued, suspended, cancelled or reinstated, the form of a licence and the fees to be charged for the issuance or reinstatement of a licence;

(d) respecting the giving or payment of security by applicants for licences and holders of licences, including the type and amount of security, the conditions under which security is to be given or paid and the deposit, safe keeping, administration, application, distribution, adjustment, substitution, forfeiture and disposition of such security;

 

(e) defining fluid milk products;

(f) defining fluid cream products;

(g) defining manufactured milk products;

(h) prescribing the minimum and maximum percentages of butterfat and the minimum percentage of solids not fat in any fluid milk product, fluid cream product or manufactured milk product;

(i) prohibiting the sale of any class of fluid milk product, fluid cream product or manufactured milk product which does not meet the minimum percentage of butterfat or the minimum percentage of solids not fat, or both, as determined under paragraph (h);

(j) respecting the regulation and inspection of vehicles of any kind by which milk or cream is transported;

(k) respecting the control and inspection of premises at which the storage, production, care, manufacture or processing of milk or cream is carried on;

(l) respecting the conditions of construction, installation and maintenance of equipment used by any person engaged directly or indirectly in the dairy products trade;

 

(m) respecting the regulation of the methods of the manufacture of dairy products;

(n) respecting the payment for milk by a milk dealer;

(o) respecting the quality, kind, cleanliness, testing, storage, production, care, manufacture, processing, transportation and sale of milk or cream;

(p) respecting the imposition on and collection from a producer of penalties where any milk supplied by the producer fails to comply with the standards of quality for such milk under the regulations or is produced on premises or with equipment that fails to comply with the regulations and, without limiting the generality of the foregoing, where such milk

 

(i) contains any substance prohibited by the regulations,

(ii) contains a substance in excess of the amount permitted by the regulations, or

(iii) has a substance removed from it contrary to the regulations;

(q) respecting the terms and conditions under which the penalties referred to in paragraph (p) are payable, the amount of the penalties, the method by which the penalties are calculated, the times at which the penalties are payable, to whom the penalties are payable and how the penalties are to be used;

(r) respecting the form of any report required by this Part;

(s) for the purposes of this Part, defining words and expressions used in this Part but not defined in this Act;

 

(t) respecting inspections under this Part, including the inspection of accounts of milk dealers and the New Brunswick Milk Marketing Board;

 

(u) respecting the establishment of a wholesale or retail price or scale of wholesale or retail prices to be paid for fluid milk products or fluid cream products sold by milk dealers in an area for which the Commission has made an order under section 43.

 

57(2) A regulation or order under this section may contain different provisions for different classifications of persons engaged in the dairy products trade.

57(3) Where a regulation and an order under this section conflict, the regulation prevails.

 

PART X

INSPECTIONS

Appointment of inspectors

58(1) The Commission may appoint any person as an inspector for the purposes of this Act and the regulations, orders and plans.

58(2) The Commission may appoint as an inspector under this Act any inspector employed in the Province under and for the enforcement of any Canadian Act.

Certificate of appointment

59 The Commission shall furnish every person appointed as an inspector with a certificate of his or her appointment as an inspector.

Powers of inspectors

60(1) For the purposes of administering this Act and the regulations, orders and plans and ensuring compliance with this Act and the regulations, orders and plans, an inspector may at any reasonable time

(a) enter any place or premises used or being used for the storage, production, processing or marketing of farm products or that the inspector believes is being so used;

(b) enter any premises used for assembling, holding, slaughtering, storing, processing, grading, weighing or selling or offering for sale any livestock and inspect any livestock, facilities or equipment found in such premises;

(c) stop, enter and inspect any vehicle and its load;

(d) ride in or on such part of a vehicle and its load that the inspector considers necessary and for such period of time as the inspector considers necessary;

(e) require to be produced for inspection or for the purposes of obtaining copies or extracts, any books, shipping bills, bills of lading, sale records or other records or papers;

 

(f) detain a farm product for the time necessary to complete his or her inspection or until such time as the farm product complies with this Act and the regulations, orders and plans; and

 

(g) at the expense of the producer, packer or owner, take samples of farm products wherever or whenever he or she considers necessary.

 

60(2) Where an inspector has reason to believe that any regulated product is being produced, marketed or processed at any place other than a private dwelling place, the inspector may, during normal business hours, enter that place and examine and make copies or extracts of any book, record or other document kept there that, in his or her opinion, may contain any information relating to the regulated product.

60(3) On entering any place, premises, vehicle or load referred to in subsections (1) and (2), an inspector shall produce the certificate of his or her appointment as an inspector to the person in charge of the place, premises, vehicle or load.

 

60(4) The owner or person in charge of any place, premises, vehicle or load referred to in subsections (1) and (2) and any employees or agents of the owner or person in charge shall give an inspector all reasonable assistance to enable the inspector to carry out his or her duties and functions under this Act and the regulations, orders and plans and shall furnish the inspector with such information as the inspector may reasonably require.

60(5) An inspector may, as often as the Commission considers necessary, inspect the premises and dairy plant of any producer, milk dealer or milk vendor.

60(6) An inspector may at any place take samples of any dairy product for analysis, grading or testing, and the analysis, grades or tests of dairy products as determined by an inspector shall constitute the official analysis, grade or test and shall be the basis of final payment to a producer.

 

Accounts and records

61 The Commission or its representative may, for the purposes of this Act or the regulations, orders or plans, examine the accounts and records of any person who in the opinion of the Commission is directly or indirectly engaged in or connected with the production, marketing or processing of any regulated product and may make copies of such accounts and records.

 

Detention of goods by inspector

62 Any farm product detained under this Act is at all times at the risk and expense of the owner, but the inspector shall immediately notify such owner or person having possession of the farm product by letter, electronic means or otherwise that such farm product is being detained in storage or otherwise, as the case may be.

 

Evidence

63 A document that purports to be an inspection certificate or other certificate of an inspector may be adduced in evidence before any court, judge or board and when so adduced is, in the absence of evidence to the contrary, proof of the facts stated in it without proof of the appointment, signature or authority of the inspector.

 

Offences respecting inspections

64(1) No person shall obstruct or hinder an inspector in the carrying out of his or her duties and functions under this Act and the regulations, orders and plans.

64(2) No person shall refuse to permit any farm product to be inspected.

64(3) No person shall knowingly make a false or misleading statement, either verbally or in writing, to an inspector engaged in carrying out his or her duties and functions under this Act and the regulations, orders and plans.

64(4) No person shall refuse to permit any livestock, facilities or equipment to be inspected or refuse to furnish an inspector with information required to be provided under this Act or the regulations, orders or plans.

PART XI

APPEALS

Appeal to the Commission

65(1) Where any person is aggrieved or dissatisfied with any order, decision, direction or determination of an agency or board, he or she may appeal the order, decision, direction or determination to the Commission by serving upon it written notice of appeal not more than thirty days after he or she has notice of that order, decision, direction or determination.

65(2) A notice of appeal under subsection (1) shall contain a statement of the matter being appealed, the name and address of the person making the appeal, and the name and address of the agency or board being appealed from.

65(3) Upon receipt of a notice of appeal under subsection (1), the Commission shall forthwith notify the agency or board being appealed from and the agency or board shall immediately provide the Commission with every by-law, order or document of any kind pertaining to the matter being appealed from.

65(4) An appeal under subsection (1) stays the application of the order, decision, direction or determination in respect of which the appeal is made.

 

Panel

66(1) An appeal to the New Brunswick Farm Products Commission under section 65 shall be heard by a panel of that Commission consisting of one or more members of that Commission designated by the Chairperson or, in the absence or inability to act of the Chairperson, by the Vice-Chairperson.

66(2) The Chairperson or Vice-Chairperson, as the case may be, may designate himself or herself for the purposes of subsection (1).

66(3) Where a panel under subsection (1) consists of more than one member and the Chairperson is designated as a member of the panel, he or she shall act as chairperson of the panel.

66(4) Where a panel under subsection (1) consists of more than one member and the Vice-Chairperson is designated as a member of the panel and the Chairperson is not designated as a member of the panel, the Vice-Chairperson shall act as chairperson of the panel.

66(5) Where a panel under subsection (1) consists of more than one member and neither the Chairperson nor the Vice-Chairperson is designated as a member of the panel, the Chairperson or Vice-Chairperson, as the case may be, shall designate one of the members of the panel as its chairperson.

66(6) An appeal to the New Brunswick Forest Products Commission under section 65 shall be heard by a panel of that Commission consisting of one or more members of that Commission designated by the chairman of that Commission.

 

66(7) The chairman of the New Brunswick Forest Products Commission may designate himself or herself for the purposes of subsection (6).

66(8) Where a panel under subsection (6) consists of more than one member and the chairman of the New Brunswick Forest Products Commission is designated as a member of the panel, he or she shall act as chairperson of the panel.

66(9) Where a panel under subsection (6) consists of more than one member and the chairman of the New Brunswick Forest Products Commission is not designated as a member of the panel, the chairman shall designate one of the members of the panel as its chairperson.

66(10) A panel shall be constituted under subsection (1) or (6) within thirty days after the Commission receives a notice of appeal under subsection 65(1).

Hearing of appeal

67(1) A panel under section 66 shall fix the time and place for the hearing of the appeal.

67(2) The Commission shall serve upon the person making the appeal and upon the agency or board, written notice of the time and place for the hearing of the appeal.

67(3) At the request of the person appealing or the agency or board being appealed from, a panel may adjourn or postpone a hearing for such period of time as it considers appropriate.

67(4) An adjournment or postponement under subsection (3) may be effected by telephone.

67(5) The hearing of an appeal shall be open to the public unless the panel directs otherwise.

 

 

67(6) At the hearing of an appeal, the person making the appeal has the right to attend and make representations and to adduce evidence respecting the appeal either by himself or herself or through counsel.

67(7) A panel has in relation to the hearing of an appeal all of the powers and privileges that commissioners have under the Inquiries Act.

67(8) A panel may record evidence by a sound recording machine, but is not required to do so.

 

Decision

68(1) A panel may consider fairness, undue hardship and the effect of the order, decision, direction or determination of an agency or board on the person appealing and may make a decision on the appeal which it considers fair and equitable in the circumstances.

 

68(2) On an appeal under section 65, a panel may

(a) dismiss the appeal, or

(b) allow the appeal and

(i) set aside the order, decision, direction or determination of the agency or board,

 

(ii) substitute its order, decision, direction or determination for that of the agency or board, or

(iii) exempt the person who made the appeal from application of the order, decision, direction or determination of the agency or board.

68(3) Where a panel consists of more than one member, a decision of the majority of the members of the panel is the decision of the panel, but if there is no majority, the decision of the chairperson of the panel is the decision of the panel.

68(4) Any decision, determination, direction, declaration, order or ruling of a panel shall be deemed to be a decision, determination, direction, declaration, order or ruling of the New Brunswick Farm Products Commission or the New Brunswick Forest Products Commission, as the case may be.

 

Procedure

69 The Commission may make rules governing the procedure on an appeal under section 65 and the Regulations Act does not apply to such rules.

 

Assessments

70(1) The Commission may assess the parties to a hearing of an appeal under section 65 for all of the expenses of the hearing, including the expenses of witnesses and a court reporter.

 

70(2) An assessment is due and payable within thirty days after it is made.

70(3) An assessment made under subsection (1) constitutes a debt due by the person against whom it is made to Her Majesty in right of the Province, is payable on demand by the Commission and may be recovered as a debt in any court of competent jurisdiction.

70(4) In any claim or action under this section, a certificate purporting to be signed by the Chairperson, Vice-Chairperson or secretary of the New Brunswick Farm Products Commission, or by the chairman or secretary of the New Brunswick Forest Products Commission, as the case may be, setting out the amount of an assessment is, without proof of the appointment, authority or signature of the person purporting to have signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof of the amount of the assessment set out in the certificate.

 

Appeal to The Court of Appeal of New Brunswick

71(1) An appeal lies from any decision of the Commission under this Part to The Court of Appeal of New Brunswick on the grounds of jurisdiction or on a question of law or mixed law and fact, if the appeal is made within thirty days after the date of the decision of the Commission.

71(2) A notice of appeal shall be served on the Commission and on such other persons as The Court of Appeal of New Brunswick directs.

71(3) Upon being served with a notice of appeal, the Commission shall file a record on appeal with the Registrar of The Court of Appeal of New Brunswick.

71(4) A record on appeal under subsection (3) shall consist of:

(a) a copy of the notice of appeal;

(b) a copy of any notice of hearing relating to the matter under appeal;

(c) all documents relating to the matter under appeal that were filed with the Commission;

 

(d) the transcript of the oral evidence, if any, given at the hearing before the panel; and

 

(e) the decision of the Commission and the reasons for the decision.

71(5) An appeal under this section stays the application of the decision of the Commission in respect of which the appeal is made.

71(6) After hearing the appeal, The Court of Appeal of New Brunswick may

(a) dismiss the appeal, or

(b) allow the appeal and

(i) set aside or vary the decision of the Commission, and

(ii) where it considers it appropriate to do so, refer the matter back to the Commission with directions.

71(7) Except as otherwise provided in this section, the rules governing appeals to The Court of Appeal of New Brunswick from a decision of The Court of Queen’s Bench of New Brunswick apply to appeals under this section.

PART XII

LICENCES

Part XII not applicable to dairy licences

72 This Part does not apply to a licence under Part IX.

Refusal of licence

73 A board may refuse to issue a licence to a person marketing or producing and marketing a regulated product where the issuance of a licence to that person would not be conducive to the maintenance or development of an efficient and competitive industry in respect of that product.

 

Appearance before board

74 A person whose application for the issuance of a licence is refused without a hearing shall be given an opportunity to appear before the board to show cause why such licence should be issued.

 

Reasons

75 An applicant for a licence or a licensee may request the reasons for a decision of a board under this Part and the board shall send the reasons to the applicant or licensee as soon as possible.

 

Time limit

76 An application for a licence shall be considered by the board and a decision with respect to the application shall be made within sixty days after receipt of the application.

PART XIII

STANDARDS

Quality and grade standards

77(1) The Commission may make regulations

 

(a) classifying and establishing grades for each kind of farm product;

(b) respecting the grading of farm products;

 

(c) prescribing standards for each grade of farm product;

(d) respecting the sale, processing or conveyance of ungraded farm products;

 

(e) respecting the construction, arrangement, maintenance and operation of premises used for the production or processing of farm products;

 

(f) respecting the construction, installation and maintenance of equipment used by any person engaged directly or indirectly in the production or processing of farm products;

 

(g) respecting the production and processing of farm products;

(h) respecting the training of and the practices to be followed by employees at premises used for the production or processing of farm products;

(i) respecting the handling and transportation of farm products;

(j) respecting the inspecting, weighing and grading of livestock;

(k) respecting the manner in which receipts, grades, weights and purchase prices shall be recorded by persons engaged in the buying and selling of livestock;

(l) respecting the manner in which buyers, sellers, transporters and shippers of livestock shall identify seller’s lots in a shipment, for the purposes of inspecting, weighing and grading;

 

(m) respecting the facilities and equipment to be provided and maintained for the weighing and grading of livestock on premises in which livestock is assembled, held, slaughtered, weighed or graded;

(n) for manufacturing or processing purposes as provided for in subsection 89(1), exempting any person from packing, advertising, selling, offering for sale, transporting for sale or processing any farm product in accordance with this Act or the regulations;

 

(o) defining "dairy product terminology" for the purposes of subsections 79(4) and (5).

77(2) The Commission may, by order, delegate any power under subsection (1) to an agency, board or other body.

77(3) In a delegation under subsection (2), the Commission may establish terms and conditions as to the exercise of such power and may limit the powers of the agency, board or other body in any or all respects.

 

77(4) The Commission may, by order, terminate a delegation under subsection (2) at any time.

 

77(5) An agency, board or other body may make orders or issue directions in the exercise of the powers delegated to it under subsection (2).

 

77(6) The Regulations Act does not apply to directions referred to in subsection (5).

77(7) The Commission may amend or revoke any order or direction of an agency, board or other body under this section.

 

77(8) Except with the approval of the Commission, an agency, board or other body shall not make an order or issue a direction on the same matter as or a matter related to an order or direction amended or revoked by the Commission.

 

77(9) The Commission may substitute its own regulation or direction for an order or direction of an agency, board or other body under this section.

 

Product identity

78 The Commission may make regulations

(a) prohibiting or regulating the marketing of a farm product that does not meet the minimum grade established or the minimum standard of composition in accordance with section 77;

 

(b) respecting packages or containers or the inspection, marking, shipment, advertisement, purchase and sale of farm products.

Representations

79(1) No person shall represent a farm product to be of a certain grade, variety or class unless such farm product has been so graded or classed in accordance with section 77.

 

79(2) No person shall misrepresent the grade, variety, class or origin of any farm product.

 

79(3) No person shall sell, offer for sale or have in his or her possession for sale any farm product in a package or container of which the faced or shown surface falsely represents the contents, or which package or container is not properly filled.

79(4) No person shall name a substitute dairy product using dairy product terminology as defined under section 77.

 

79(5) No person shall sell, offer for sale or have in his or her possession for sale any substitute dairy product that uses dairy product terminology as defined under section 77.

 

79(6) The Commission may, by order, exempt substitute dairy products from the application of subsections (4) and (5).

79(7) No person shall label, package, advertise or make claims about a product in a manner that may reasonably be expected to create an impression that the product is a dairy product unless the product is a dairy product.

PART XIV

COMMODITY DEVELOPMENT COUNCILS

Establishment

80 Subject to the approval of the Commission, producers and other sectors of industry may establish one or more commodity development councils.

Board of directors

81(1) The business and affairs of a commodity development council shall be administered by a board of directors.

81(2) The membership of the board of directors of a commodity development council and the manner and term of appointment of its members shall be determined by the producers and other sectors of industry at the time the council is established.

 

Self-funded

82 The establishment and administration of a commodity development council shall be self-funded.

Recommendations

83 A commodity development council may make recommendations to the Minister and the Commission in relation to any matter administered by the council.

PART XV

ENFORCEMENT

Enforcement

84(1) An order, decision, direction or determination made by the Commission, an agency or a board under this Act or the regulations or any plan, or made under a power under any Canadian Act, may be enforced and a violation or failure to comply with an order, determination, direction or decision may be restrained, without proof of damage and whether or not a penalty is imposed for such violation or failure to comply, by an action or proceeding in The Court of Queen’s Bench of New Brunswick.

 

 

 

 

84(2) An action or proceeding under subsection (1) may be brought or taken by and in the name of the Commission, an agency or a board, as the case may be, and the Province and the Attorney General are not necessary parties to the action or the proceeding.

PART XVI

OFFENCES AND PENALTIES

Offence respecting regulations

85 Any person who violates or fails to comply with any provision of a regulation under this Act commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

 

Offence respecting orders, determinations and directions

86 Any person who violates or fails to comply with any order or determination made or direction issued under this Act or the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

 

 

Offence respecting paragraph 37(3)(a) or 39(3)(a)

87(1) Any person who fails to make a declaration required under paragraph 37(3)(a) or 39(3)(a) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

 

87(2) Any person who knowingly makes a false statement in a declaration required under paragraph 37(3)(a) or 39(3)(a) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

 

Offence respecting section 54 or 96

88(1) Any person who fails to make a report required under section 54 or 96 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

 

88(2) Any person who knowingly makes a false statement in any report required under section 54 or 96 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

Offence respecting packing, advertising, sale or transportation of farm products

89(1) No person shall pack, advertise, sell, offer for sale, transport for sale or have in his or her possession a farm product that does not comply with this Act or the regulations except as is permitted by regulation for manufacturing or processing purposes.

 

89(2) Any person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

 

Offences listed in Schedule A

90(1) Any 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.

 

90(2) For the purposes of Part II 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.

 

Offence continues for more than one day

91 Where an offence under this Act continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

 

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

 

Evidence

92(1) In a prosecution for an offence under this Act or under the regulations, orders, determinations or directions, the act or omission in respect of which the prosecution was instituted shall, in the absence of evidence to the contrary, be deemed to relate to the production or marketing, as the case may be, of a regulated product locally within the Province.

92(2) In a prosecution for an offence under this Act or under the regulations, orders, determinations or directions, the regulated product in respect of which the prosecution was instituted shall, in the absence of evidence to the contrary, be deemed to have been produced or marketed in the area to which the plan for the regulated product relates.

PART XVII

GENERAL

Immunity

93 No action or other proceeding shall be instituted against any person who at any time has acted or purported to act or who is acting or purporting to act as a member or employee of the Commission or as a member of an agency, a board, or an agency appointed under or pursuant to the Canadian Act for anything done or omitted to be done by him or her in good faith in the performance or intended performance of his or her duties.

 

Acts valid

94 The acts of a member or an officer of the Commission, an agency or a board are valid notwithstanding any defects that may be discovered in his or her qualifications and appointment or election.

Orders

95(1) Except as otherwise provided in this Act, the Regulations Act does not apply to any order made under this Act or the regulations by the Commission, an agency, a board, a marketing agency as defined in section 36, or a body referred to in section 77.

 

95(2) The secretary or manager of the Commission, an agency, a board, a marketing agency as defined in section 36, or a body referred to in section 77, as the case may be, shall

 

(a) keep the originals of all orders made under this Act or the regulations by the Commission, agency, board, marketing agency or body, as the case may be, and

 

(b) make such orders available during reasonable hours for inspection or examination by all persons affected by the orders.

95(3) The secretary or manager of an agency, a board, a marketing agency as defined in section 36, or a body referred to in section 77, as the case may be, shall provide the Commission with a copy of all orders made under this Act or the regulations by the agency, board, marketing agency or body, as the case may be, as soon as possible after they are made.

 

95(4) An order referred to in subsection 37(5), 39(4) or 41(5) shall be published in The Royal Gazette.

95(5) Any other order that in the opinion of the Commission has general application shall be published in The Royal Gazette, and the decision of the Commission as to whether an order has general application is final.

95(6) Failure to make publication under subsection (4) or (5) does not affect the validity of the order.

95(7) An order referred to in subsection (1) comes into force on the day stated in the order, but in no case earlier than the day the order is made.

95(8) Publication under subsection (4) or (5) is full and sufficient notice to all persons affected by the order of the making of the order.

 

95(9) A copy of The Royal Gazette containing an order referred to in subsection (1) is prima facie evidence of the making and publication of the order and that the order was in force and effect at any material time.

95(10) A certified copy of an order referred to in subsection (1) may be adduced in evidence before any court, judge or board, and when so adduced, is, in the absence of evidence to the contrary, proof of the making of the order and that the order was in force and effect at any material time, without proof of the appointment, signature or authority of the person purporting to have signed the order or the certified copy of the order.

 

Reports to Commission

96 Every person who in the opinion of the Commission is directly or indirectly engaged in or connected with the production, marketing or processing of a regulated product shall make, in such form and manner and within or for such time as the Commission determines, any report considered necessary by the Commission for the purposes of this Act or the regulations, orders or plans.

 

Evidence

97 In any action or other proceeding under this Act or under the regulations, orders, determinations or directions, the act or omission in respect of which the action or other proceeding was instituted shall, in the absence of evidence to the contrary, be deemed to relate to the production or marketing, as the case may be, of a regulated product locally within the Province.

New Brunswick Forest Products Commission

98 Where an agency or board in respect of primary forest products or other farm products of the forest is proposed or established under this Act, the powers, duties, functions and authority of the New Brunswick Farm Products Commission under this Act and the regulations, orders and plans shall vest in the New Brunswick Forest Products Commission.

 

Delegation of authority and agreements

99(1) A board may, with the approval of the Lieutenant-Governor in Council, perform any function or duty and exercise any power imposed or conferred upon it by or pursuant to a Canadian Act.

99(2) The Lieutenant-Governor in Council may authorize a Canadian Board or a Provincial Board to perform any function or duty or exercise any power relating to the production or marketing or both of a regulated product that a board may be authorized to perform or exercise under this Act, and in respect of which the Canadian Board or Provincial Board may exercise its powers under a Canadian Act or Provincial Act, and may authorize or direct a board to delegate that function, duty or power to the Canadian Board or Provincial Board.

 

 

 

99(3) The Commission and a board, with the approval of the Commission, may make agreements for the coordinated marketing of a regulated product with one or more of the Government of Canada, the government of a province, a Canadian Board or a Provincial Board.

 

99(4) An agreement under subsection (3) may provide for the pooling of revenue and may authorize a board to exercise on behalf of the Government of Canada or any of its agencies any power relating to interprovincial or export marketing of a regulated product that a board may exercise in relation to intraprovincial marketing of the regulated product.

 

99(5) A board authorized to conduct a pool under this Act pursuant to an agreement under subsection (3) may conduct the pool in cooperation with a party to the agreement, and money received under such an agreement shall be added to the pool and money paid out under such an agreement shall be deducted from the pool.

 

Plebiscite

100 The Commission may, by order, provide for the holding of a plebiscite of producers or any group of producers for the making of a plan or amendments to a plan or concerning any matter respecting the promotion, production or marketing of a farm product or research relating to a farm product.

 

Administration

101 The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.

Conciliation and arbitration

102 The New Brunswick Farms Products Commission or, subject to section 15.1 of the Forest Products Act, the New Brunswick Forest Products Commission may make orders

 

(a) respecting the establishment of a negotiating agency or negotiating agencies consisting of producers of a regulated product and any other person or persons marketing that regulated product, and directing that agency or those agencies to negotiate for the purpose of attempting to settle by agreement the following matters relating to the marketing or the production and marketing of that product by such person or persons:

(i) minimum prices for the regulated product or for any class, variety, grade or size of the regulated product,

(ii) quantity, delivery schedules and dates for delivery of the regulated product,

(iii) any charges, costs or expenses relating to the marketing or the production and marketing of the regulated product, and

 

(iv) terms, conditions and forms of agreement relating to the marketing or the production and marketing of the regulated product;

 

(b) respecting the appointment of a conciliator that may be empowered

(i) to endeavour to effect agreement on any matter referred to in paragraph (a) that a negotiating agency has failed to settle by agreement, and

(ii) to recommend adoption of any agreement effected under subparagraph (i) to the negotiating agency;

(c) respecting the arbitration by an arbitrator or arbitration board of any matter not settled by agreement under paragraph (a);

(d) respecting the arbitration by an arbitrator or arbitration board of any dispute arising out of any agreement reached under paragraph (a) or award made under paragraph (c);

(e) respecting the appointment of negotiating agencies, conciliators, arbitrators and arbitration boards;

(f) respecting the practice and procedure for negotiation, conciliation and arbitration;

 

(g) requiring that no charges, costs or expenses relating to the marketing or the production and marketing of the regulated product shall be made other than the charges, costs or expenses in an agreement made by a negotiating agency or award made by an arbitrator or arbitration board.

Agreements and awards made by negotiating agency, arbitrator or arbitration board

103 Every agreement made by a negotiating agency established in the orders under paragraph 102(a) and every award made by an arbitrator or arbitration board established in the orders under paragraph 102(c) or (d) shall be filed with the Commission immediately after it is made, and the Commission may, notwithstanding any defect in the establishment of the negotiating agency, by order declare the agreement or award to come into force on the day it is filed or on such later day as is named in the agreement or award, and the agreement or award shall remain in force for one year or for the period stated in the agreement or award.

Regulations

104 The Lieutenant-Governor in Council may make regulations for carrying out the purpose and intent of this Act, and without limiting the generality of the foregoing, regulations

(a) designating articles of food or drink wholly or partially derived from a natural product as a farm product for the purposes of this Act;

(b) respecting the powers and duties of inspectors;

(c) respecting the seizure and detention of the whole or any part of any farm product, or any class, variety, grade or size of farm product, by an inspector where the inspector believes on reasonable grounds that an offence under this Act or the regulations has been committed in respect of the farm product;

 

(d) respecting the release from detention of the whole or any part of any farm product, or any class, variety, grade or size of farm product, where the Minister is satisfied that the owner of the farm product that has been seized and detained is complying with this Act and the regulations, orders and plans respecting the farm product;

(e) respecting the disposal of the whole or any part of any farm product or any class, variety, grade or size of any farm product that has been seized and detained, and respecting the administration and disposition of any money derived from such disposal;

(f) respecting the duties, powers, functions and authority of the Commission;

(g) respecting fees for the purposes of this Act and the regulations and for services provided by the Minister or the Commission;

(h) repealing regulations referred to in paragraphs 110(a), 111(a), 112(1)(a) and 113(a);

(i) defining words and expressions used but not defined in this Act.

 

PART XVIII

TRANSITIONAL

Local boards

105(1) A local board established under the Farm Products Marketing Act continues as a body corporate and shall be deemed to have been established as a board under this Act.

 

105(2) The members of a local board continued under subsection (1) who held office immediately before the commencement of this section continue in office, subject to the provisions in this Act, until they are reappointed or replaced.

 

 

105(3) Any reference to a local board in any other Act or in any regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to a board under this Act unless the context requires otherwise.

 

Farm Products Appeal Panel and Farm Products Appeal Tribunal

106(1) The Farm Products Appeal Panel and the Farm Products Appeal Tribunal established under the Farm Products Marketing Act are terminated on the commencement of this section.

 

106(2) All appointments of members of the Farm Products Appeal Panel and all selections of persons as members of the Farm Products Appeal Tribunal are revoked.

106(3) All orders relating to remuneration and expenses to be paid to members of the Farm Products Appeal Tribunal are null and void.

 

106(4) Notwithstanding the provisions of any order, no remuneration or expenses shall be paid to any member of the Farm Products Appeal Tribunal.

106(5) No action, application or other proceeding lies or shall be instituted against the Minister of Agriculture and Rural Development or the Crown in right of the Province as a result of the termination of the Farm Products Appeal Panel or the Farm Products Appeal Tribunal or the revocation of the appointments or selections of the members of them.

 

106(6) Any order, determination or decision of the Farm Products Appeal Tribunal that was valid and of full force and effect immediately before the commencement of this section continues to be valid and of full force and effect and shall be deemed to be an order, determination or decision of the New Brunswick Farm Products Commission under this Act.

106(7) On or after the commencement of this section, any appeal commenced by the Farm Products Appeal Tribunal that would be heard by the New Brunswick Farm Products Commission if commenced on or after the commencement of this section, may be heard by the New Brunswick Farm Products Commission in accordance with this Act.

 

106(8) The documentation, information, records and files pertaining to any appeal to be heard by the New Brunswick Farm Products Commission under subsection (7) become the documentation, information, records and files of the New Brunswick Farm Products Commission on the commencement of this section.

 

 

106(9) Notwithstanding subsections (1), (2), (6) and (7), the Chairperson of the New Brunswick Farm Products Commission may authorize the Farm Products Appeal Tribunal to complete any hearing commenced by the Tribunal before the commencement of this section.

106(10) Any appeal to be heard under subsection (9) shall be heard in accordance with the law as it existed immediately before the commencement of this section and as if the Farm Products Appeal Tribunal had not been terminated.

 

106(11) Any order, determination or decision of the Farm Products Appeal Tribunal made in accordance with subsection (9) shall be deemed to be the order, determination or decision of the New Brunswick Farm Products Commission.

 

Potato Development and Marketing Council

107(1) The Potato Development and Marketing Council established under the Potato Development and Marketing Council Act is terminated on the commencement of this section.

 

 

107(2) All appointments of directors of the Potato Development and Marketing Council are revoked.

 

107(3) No action, application or other proceeding lies or shall be instituted against the Minister of Agriculture and Rural Development or the Crown in right of the Province as a result of the termination of the Potato Development and Marketing Council or the revocation of the appointments of its directors.

 

Licences

108(1) A licence issued under the Dairy Products Act, the Farm Products Marketing Act or the Natural Products Grades Act that was valid immediately before the commencement of this section shall be deemed to have been issued under this Act.

 

108(2) A licence deemed to have been issued under subsection (1) expires on the date it would have expired under the Dairy Products Act, the Farm Products Marketing Act or the Natural Products Grades Act, as the case may be.

 

108(3) A licence deemed to have been issued under subsection (1) is valid until it expires or is suspended or cancelled under this Act, whichever occurs first.

 

 

108(4) An application for a licence that was commenced under the Dairy Products Act, the Farm Products Marketing Act or the Natural Products Grades Act but not completed before the commencement of this section shall be dealt with and completed under this Act and the regulations and orders.

 

108(5) All licences issued under the Dairy Industry Act that were valid immediately before the commencement of this section are cancelled.

 

Orders, rules, by-laws, resolutions, decisions, directions, determinations, agreements

109(1) Except as otherwise provided in this Act, any order, rule, by-law, resolution, decision, direction, determination or agreement of the Farm Products Marketing Commission or the New Brunswick Forest Products Commission under the Dairy Products Act, the Farm Products Boards and Marketing Agencies Act or the Farm Products Marketing Act, or any regulation under those Acts, that was valid and of full force and effect immediately before the commencement of this subsection

 

 

 

 

(a) subject to paragraph (c), continues to be valid and of full force and effect,

(b) shall be deemed to be an order, rule, by-law, resolution, decision, direction, determination or agreement under this Act of the New Brunswick Farm Products Commission or the New Brunswick Forest Products Commission, as the case may be, and

 

(c) may be amended or revoked by the New Brunswick Farm Products Commission or the New Brunswick Forest Products Commission, as the case may be.

109(2) Except as otherwise provided in this Act, any order, rule, by-law, resolution, decision, direction, determination or agreement of a local board under the Dairy Products Act, the Farm Products Boards and Marketing Agencies Act or the Farm Products Marketing Act, or any regulation under those Acts, that was valid and of full force and effect immediately before the commencement of this subsection

 

 

 

(a) subject to paragraph (c), continues to be valid and of full force and effect,

(b) shall be deemed to be an order, rule, by-law, resolution, decision, direction, determination or agreement under this Act of the board established under section 105, and

 

(c) may be amended or revoked by the board established under section 105 or, except in the case of an agreement, by the New Brunswick Farm Products Commission or the New Brunswick Forest Products Commission, as the case may be.

109(3) Except with the approval of the New Brunswick Farm Products Commission or the New Brunswick Forest Products Commission, as the case may be, the board established under section 105 shall not make an order, rule, by-law, resolution, decision, direction or determination on the same matter as or a matter related to an order, rule, by-law, resolution, decision, direction or determination amended or revoked by the New Brunswick Farm Products Commission or the New Brunswick Forest Products Commission under paragraph (2)(c).

 

 

 

109(4) The New Brunswick Farm Products Commission or the New Brunswick Forest Products Commission, as the case may be, may substitute its own order, rule, by-law, resolution, decision, direction or determination for an order, rule, by-law, resolution, decision, direction or determination of the board established under section 105.

 

109(5) Except as otherwise provided in this Act, any order or direction of a marketing agency under the Farm Products Boards and Marketing Agencies Act that was valid and of full force and effect immediately before the commencement of this subsection

 

 

(a) subject to paragraph (c), continues to be valid and of full force and effect,

 

(b) shall be deemed to be an order or direction of a marketing agency under section 37, and

(c) may be amended or revoked by the marketing agency.

Regulations under the Dairy Products Act

110 Notwithstanding any inconsistency with any provision of this Act,

(a) New Brunswick Regulations 85-144 and 86-118 under the Dairy Products Act, including amendments made to them under paragraph (b), are valid and continue in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act, and

 

 

(b) a regulation referred to in paragraph (a) may be amended under the Dairy Products Act on or after the commencement of this section as if the Dairy Products Act had not been repealed.

Regulations under the Farm Products Boards and Marketing Agencies Act

111 Notwithstanding any inconsistency with any provision of this Act,

(a) New Brunswick Regulations 83-35, 83-36, 83-37, 83-38, 83-39, 83-145, 85-173, 87-153 and 98-62 under the Farm Products Boards and Marketing Agencies Act, including amendments made to them under paragraph (b), are valid and continue in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act, and

 

 

(b) a regulation referred to in paragraph (a) may be amended under the Farm Products Boards and Marketing Agencies Act on or after the commencement of this section as if the Farm Products Boards and Marketing Agencies Act had not been repealed.

 

Regulations under the Farm Products Marketing Act

112(1) Notwithstanding any inconsistency with any provision of this Act,

(a) New Brunswick Regulations 82-189, 83-150, 83-161, 83-220, 83-221, 83-222, 83-223, 83-224, 83-226, 84-12, 84-38, 84-55, 84-56, 84-90, 84-153, 84-154, 84-155, 84-218, 85-150 and 88-222 under the Farm Products Marketing Act, including amendments made to them under paragraph (b), are valid and continue in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act, and

 

(b) a regulation referred to in paragraph (a) may be amended under the Farm Products Marketing Act on or after the commencement of this section as if the Farm Products Marketing Act had not been repealed.

 

112(2) New Brunswick Regulation 84-38 under the Farm Products Marketing Act shall not be held to be invalid by reason only that the regulation did not set out the powers of the New Brunswick Milk Marketing Board.

 

112(3) Any order, rule, by-law, resolution, decision, direction, determination or agreement of the Farm Products Marketing Commission or the New Brunswick Milk Marketing Board established under New Brunswick Regulation 84-38 under the Farm Products Marketing Act shall be deemed to have been taken with respect to or by a local board validly and lawfully constituted under the laws of the Province in force at the time the regulation was made.

 

 

 

112(4) Where a plan is made under paragraph 18(5)(a) to replace a plan in a regulation referred to in paragraph (1)(a), the board established under section 105 is continued, whether or not the name of the board is changed in the replacement regulation, the members of that board who held office immediately before the commencement of this section continue in office, subject to the provisions of this Act, until they are reappointed or replaced, and the orders and agreements made by that board continue to be valid and of full force and effect unless any subsequent order or agreement directs otherwise.

 

112(5) Notwithstanding subsections 18(1) and (4) and section 100, where a plan is made under paragraph 18(5)(a) to replace a plan in a regulation referred to in paragraph (1)(a), no investigation under subsection 18(1), ascertainment of opinion under subsection 18(4) or plebiscite under section 100 is required for the replacement plan if the purpose or purposes of the replacement plan are

(a) the promotion, control and regulation within the Province or any area of the Province of the marketing of any farm product,

 

(b) the promotion, control and regulation within the Province or any area of the Province of the marketing of eggs or poultry and the promotion, control and regulation within the Province or any area of the Province of the production of eggs or poultry, or

 

(c) the promotion, control and regulation within the Province or any area of the Province of the marketing of any farm product of the forest and the development, conservation and management of forestry resources on private woodlots in the Province or any area of the Province.

112(6) Notwithstanding section 100, where a regulation is made under section 27 or 28 and the regulation contains substantially the same powers as a regulation referred to in paragraph (1)(a), no plebiscite under section 100 is required for the purposes of the regulation made under section 27 or 28.

Regulations under the Natural Products Grades Act

113 Notwithstanding any inconsistency with any provision of this Act,

(a) New Brunswick Regulations 82-96, 84-88, 84-89, 84-158, 84-159, 84-186, 88-265 and 90-151 under the Natural Products Grades Act, including amendments made to them under paragraph (b), are valid and continue in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act, and

(b) a regulation referred to in paragraph (a) may be amended under the Natural Products Grades Act on or after the commencement of this section as if the Natural Products Grades Act had not been repealed.

 

Inspectors

114 An inspector who was appointed or designated under the Dairy Industry Act, the Dairy Products Act, the Farm Products Marketing Act, the Imitation Dairy Products Act or the Natural Products Grades Act before the commencement of this section and whose appointment or designation was subsisting immediately before the commencement of this section shall be deemed to have been appointed under this Act.

 

PART XIX

CONSEQUENTIAL AMENDMENTS

Agricultural Commodity Price Stabilization Act

115(1) Section 1 of the Agricultural Commodity Price Stabilization Act, chapter A-5.01 of the Acts of New Brunswick, 1988, is amended

 

(a) by repealing the definition "local board";

 

(b) by adding the following definition in alphabetical order:

"board" means a board established under the Natural Products Act;

115(2) Section 3 of the Act is amended

(a) in subsection (1) by striking out "local boards" and substituting "boards";

 

(b) in subsection (2)

(i) in paragraph (c) by striking out "local board" and substituting "board";

 

(ii) in paragraph (d) by striking out "local board" and substituting "board".

 

Farm Income Assurance Act

116 Paragraph 3(5)(g) of the Farm Income Assurance Act, chapter F-5.1 of the Acts of New Brunswick, 1975, is amended by striking out "a local board established under the Farm Products Marketing Act and empower any such local board" and substituting "a board established under the Natural Products Act and empower any such board".

 

Forest Products Act

117 Section 15.1 of the Forest Products Act, chapter F-21 of the Revised Statutes, 1973, is amended

(a) in subsection (1)

(i) by repealing the definition "local board";

(ii) by adding the following definition in alphabetical order:

"board" means any forest products board established under the Natural Products Act and includes a Producer Association;

 

(b) by repealing subsection (2) and substituting the following:

15.1(2) Notwithstanding paragraphs 102(c) and (d) of the Natural Products Act, the Commission shall not make orders under those paragraphs with respect to a board.

(c) by repealing subsection (3) and substituting the following:

15.1(3) The Lieutenant-Governor in Council may make regulations

(a) prohibiting any or all of the matters referred to in paragraph 102(a) of the Natural Products Act as they apply to a board from being referred to arbitration;

(b) providing the Commission with discretion to refer or not to refer to arbitration any of the matters referred to in paragraph 102(a) of the Natural Products Act as they apply to a board and that have not been prohibited under paragraph (a);

(c) respecting the arbitration of disputes arising between boards and processors in relation to primary forest products.

Metric Conversion Act

118 Schedule A of the Metric Conversion Act, chapter M-11.1 of the Acts of New Brunswick, 1977, is amended by repealing section 5.

 

Potato Disease Eradication Act

119 Paragraph 3(2)(c) of the Potato Disease Eradication Act, chapter P-9.4 of the Acts of New Brunswick, 1979, is amended by striking out "the Farm Products Marketing Act" and substituting "the Natural Products Act".

 

PART XX

REPEAL

Dairy Industry Act

120(1) The Dairy Industry Act, chapter D-1 of the Revised Statutes, 1973, is repealed.

120(2) New Brunswick Regulation 84-164 under the Dairy Industry Act is repealed.

 

120(3) Any reference to the Dairy Industry Act in any other Act or in any regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the Natural Products Act unless the context requires otherwise.

 

Dairy Products Act

121(1) The Dairy Products Act, chapter D-2 of the Revised Statutes, 1973, is repealed.

121(2) An Act to Amend the Dairy Products Act, chapter 15 of the Acts of New Brunswick, 1980, is repealed.

121(3) Any reference to the Dairy Products Act in any other Act or in any regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the Natural Products Act unless the context requires otherwise.

 

Farm Products Boards and Marketing Agencies Act

122(1) The Farm Products Boards and Marketing Agencies Act, chapter F-6.01 of the Acts of New Brunswick, 1978, is repealed.

 

122(2) Any reference to the Farm Products Boards and Marketing Agencies Act in any other Act or in any regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the Natural Products Act unless the context requires otherwise.

 

Farm Products Marketing Act

123(1) The Farm Products Marketing Act, chapter F-6.1 of the Revised Statutes, 1973, formerly known as the Natural Products Control Act, chapter N-2 of the Revised Statutes, 1973, is repealed.

123(2) An Act to Amend the Farm Products Marketing Act, chapter 31 of the Acts of New Brunswick, 1997, is repealed.

 

123(3) Any reference to the Farm Products Marketing Act in any other Act or in any regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the Natural Products Act unless the context requires otherwise.

 

Imitation Dairy Products Act

124(1) The Imitation Dairy Products Act, chapter I-1 of the Revised Statutes, 1973, is repealed.

 

124(2) An Act to Amend the Imitation Dairy Products Act, chapter 28 of the Acts of New Brunswick, 1977, is repealed.

124(3) An Act to Amend the Imitation Dairy Products Act, chapter 34 of the Acts of New Brunswick, 1979, is repealed.

124(4) Any reference to the Imitation Dairy Products Act in any other Act or in any regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the Natural Products Act unless the context requires otherwise.

 

Natural Products Grades Act

125(1) The Natural Products Grades Act, chapter N-3 of the Revised Statutes, 1973, is repealed.

125(2) Any reference to the Natural Products Grades Act in any other Act or in any regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the Natural Products Act unless the context requires otherwise.

 

Potato Development and Marketing Council Act

126(1) The Potato Development and Marketing Council Act, chapter P-9.32 of the Acts of New Brunswick, 1988, is repealed.

 

126(2) New Brunswick Regulation 89-55 under the Potato Development and Marketing Council Act is repealed.

 

PART XXI

COMMENCEMENT

Commencement

127 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

SCHEDULE A

Column I

 

Column II

Section

 

Category of Offence

14 F

22(1) C

31(1) C

45(1) E

45(2) E

51(2) E

55(1) C

60(4) E

64(1) E

64(2) E

64(3) F

64(4) E

79(1) F

79(2) F

79(3) F

79(4) F

79(5) F

79(7) F