BILL 55 Transportation of Primary Forest Products Act

BILL 55

 

Transportation of Primary Forest Products Act

 

 

Chapter Outline

Definitions 1

inspector — inspecteur

Minister — Ministre

peace officer — agent de la paix

primary forest products — produits forestiers de base

registration certificate — certifat d’immatriculation

vehicle — véhicule

Requirement to possess load slip 2

Requirement to deliver load slip 3

Duties, functions and powers of peace officers 4

Designation of inspectors 5

Duties, functions and powers of inspectors 6

Assistance to inspectors 7

Obstruction or hindrance of peace officers or inspectors 8

False or misleading statements 9

Arrangements or agreements 10

Offences 11

Regulations 12

Commencement 13

SCHEDULE A

 

 

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

Definitions

1 In this Act

"inspector" means a person designated as an inspector under section 5;

"Minister" means the Minister of Natural Resources and Energy;

"peace officer" includes any peace officer as defined in the Motor Vehicle Act, any person deemed or designated to be a peace officer under that Act, any person designated for any purpose under the Highway Act or under the Motor Vehicle Act as a commercial vehicle inspector and any person appointed under subsection 5(1) of the Crown Lands and Forests Act as a forest service officer;

"primary forest products" means primary forest products as defined in the Forest Products Act, regardless of the source of the products;

"registration certificate", with reference to a vehicle, means the registration certificate issued for the vehicle under the Motor Vehicle Act;

"vehicle" means a vehicle as defined in the Motor Vehicle Act.

 

 

Requirement to possess load slip

2(1) No person shall operate in the Province, bring into the Province or take out of the Province on a public highway, a vehicle that is carrying a full or partial load of primary forest products and that has an unladen mass, as shown on the vehicle’s registration certificate, exceeding the number of kilograms prescribed by regulation for the purposes of this subsection, unless the person has possession of a properly completed load slip, produces for examination the load slip and any other documentation required to be produced under this Act or the regulations and delivers them in accordance with the requirements set out in this Act and the regulations.

 

2(2) Subsection (1) does not apply if the entire load carried by the vehicle consists of fuel wood of less than 1.22 metres (4 feet) in length.

 

2(3) The form and content of load slips and other records, reports, documentation or information required under this Act or the regulations, requirements relating to their distribution, completion, possession, production, collection, keeping and remittance and any other matters relating to them, may be prescribed in the regulations or described in the regulations, or the form and content, matters relating to requirements or any of the other matters may be delegated in the regulations to the Minister, another Minister of the Crown, a Crown corporation or another agency, body or person.

 

 

Requirement to deliver load slip

3(1) The operator of a vehicle to whom subsection 2(1) applies shall, upon the demand of a peace officer, forthwith produce and deliver into the peace officer’s hands, for examination in detail by the peace officer, the properly completed load slip for the primary forest products carried by the vehicle, the operator’s driver’s licence and the vehicle’s registration certificate, in accordance with the requirements set out in the regulations.

 

3(2) The operator of a vehicle to whom subsection 2(1) applies shall, in accordance with the requirements set out in the regulations, deliver the properly completed load slip for the primary forest products carried by the vehicle to the owner or person in charge of any mill, other place of business or other location where the products are off-loaded.

 

Duties, functions and powers of peace officers

4(1) Peace officers under this Act

 

(a) may exercise any powers that a peace officer has under the Motor Vehicle Act to enforce the provisions of this Act and the regulations,

 

(b) may exercise the powers set out in subsection (2), and

(c) shall have the duties, functions and powers established by the Lieutenant-Governor in Council in the regulations.

4(2) Without limiting the generality of subsection (1), if a peace officer reasonably believes that the operator of a vehicle is required to produce and deliver, or to deliver, a load slip in circumstances described in section 3, the peace officer, when on duty, has the power to require the operator of the vehicle to stop and to produce and deliver or to deliver, as the case may be, a properly completed load slip, the operator’s driver’s licence and the vehicle’s registration certificate, as required under section 3.

 

Designation of inspectors

5 The Minister may designate persons as inspectors for the purposes of this Act and the regulations.

Duties, functions and powers of inspectors

6(1) Inspectors shall have the duties, functions and powers

(a) set out in subsections (2) and (3), and

(b) established by the Lieutenant-Governor in Council in the regulations.

6(2) An inspector, at any reasonable time and upon presentation of proof of identification on a form provided by the Minister, may, for the purpose of administering this Act,

(a) enter and inspect any mill, other place of business or other location where the inspector reasonably believes that a primary forest product has been off-loaded,

(b) inspect any substance that appears to the inspector to be a primary forest product, and

 

(c) inspect any load slips or records, reports or other documentation or information, regardless of physical form or characteristics, and such software, hardware or other equipment necessary to access them as the inspector may reasonably require.

 

6(3) An inspector may detain for the purposes of evidence

(a) any object, substance or material or a sample of any object, substance or material that the inspector reasonably believes is a primary forest product, and

(b) any load slips or records, reports or other documentation or information, regardless of physical form or characteristics, and such software, hardware or other equipment necessary to access them as the inspector may reasonably require,

 

that the inspector discovers while acting under this section and reasonably believes may afford evidence of a violation of a provision of, or a failure to comply with, this Act or the regulations.

 

Assistance to inspectors

7 The owner or person in charge of any mill, other place of business or other location and any employees or agents of the owner or person in charge shall give all reasonable assistance to an inspector to enable the inspector to carry out the inspector’s duties and functions and exercise the inspector’s powers under this Act, and shall furnish the inspector with such load slips and records, reports and other documentation and information, regardless of physical form or characteristics, and such software, hardware or other equipment necessary to access them, as the inspector may reasonably require.

 

Obstruction or hindrance of peace officers or inspectors

8 No person shall obstruct or hinder a peace officer or an inspector in carrying out their duties and functions or in exercising their powers under this Act or the regulations.

False or misleading statements

9 No person shall knowingly make a false or misleading statement on a load slip, or make any other false or misleading statement, either orally or in writing, to peace officers, inspectors or other persons engaged in carrying out their duties and functions or in exercising their powers under this Act or the regulations.

 

Arrangements or agreements

10 The Lieutenant-Governor in Council may make or authorize to be made with any other jurisdiction an arrangement or agreement respecting the giving of information relating to load slips required under this Act, the giving of load slips or other documentation or information, or the imposition of requirements respecting the distribution, completion, possession, production, collection, keeping and remittance of load slips on one another’s public highways.

 

Offences

11(1) Subject to subsection (2), a person who violates or fails to comply with a provision of the regulations commits an offence.

11(2) For the purposes of Part II of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

11(3) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

 

11(4) 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.

 

Regulations

12 The Lieutenant-Governor in Council may make regulations

(a) prescribing the unladen mass for the purposes of subsection 2(1);

(b) respecting the form and content of load slips and other forms, records, reports, documentation and information for the purposes of this Act and the regulations, including the delegation of the establishment of their form and content to the Minister, another Minister of the Crown, a Crown corporation or another agency, body or person;

 

(c) respecting requirements in relation to the distribution, completion, possession, production, collection, keeping and remittance of load slips and other records, reports and other documentation and information for the purposes of this Act and the regulations, and respecting any other matter relating to them, including the delegation of the matters relating to the requirements or any of the other matters to the Minister, another Minister of the Crown, a Crown corporation or another agency, body or person;

 

(d) respecting the giving of load slips and other records, reports, documentation and information distributed, completed, possessed, produced, collected, kept or remitted under this Act or the regulations to another Minister of the Crown, a Crown corporation or another agency, body or person and respecting the confidentiality to be maintained in relation to such documentation or information;

 

 

(e) respecting the duties, functions and powers of peace officers and inspectors, in addition to those established in this Act, for the purposes of this Act and the regulations;

(f) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;

(g) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(h) prescribing anything required by this Act to be prescribed;

(i) generally for the better administration of this Act.

Commencement

13 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

3(1) D

3(2) D

7 D

8 D

9 D

11(1) D