NEW BRUNSWICK
REGULATION 83-221
under the
FARM PRODUCTS MARKETING ACT
(O.C. 83-1063)
Filed December 20, 1983
Under subsection 4(4) and 6(2) of the Farm Products Marketing Act, the Lieutenant-Governor in Council makes the following Regulation:
1 This Regulation may be cited as the Madawaska Forest Products Marketing Plan Regulation - Farm Products Marketing Act.
2 In this Regulation, and in any plan, order, rule, regulation, resolution or by-law made thereunder, unless the context otherwise requires
"Act" means the Farm Products Marketing Act;
"agent" or "agency" means a person or persons appointed by the local board to conduct business on behalf of the local board;
"Commission" means the New Brunswick Forest Products Commission;
"district" means the district established under section 8;
"executive", unless otherwise specified, means the executive of the local board;
"forest products" means any primary product of the forest either of hardwood or softwood species except products from the sap of maple trees;
"licence" means a written authorization from the local board in such form as the said board shall prescribe;
"licensed dealer" means a person who holds a licence from the local board to buy and sell forest products in accordance with the orders, rules and regulations of the local board;
"local board" means the Madawaska Forest Products Marketing Board;
"marketing" means buying, selling or offering for sale, and includes advertising, financing, assembling, storing, packing, shipping and transporting in any manner by any person;
"Minister" Repealed: 2000, c.26, s.211
"parish", except where otherwise designated, means a parish of the Roman Catholic Church;
"person" means an individual, association, corporation, firm or partnership;
"Plan" means the Madawaska Forest Products Marketing Plan;
"producer" means any person who produces forest products in the regulated area for sale to another person;
"registered producer" means those producers who market forest products under the Plan;
"regulated area" means the county of Madawaska and the civil parish of Drummond in the county of Victoria, Province of New Brunswick;
"shipper" means a person who receives forest products, or assembles, ships and transports forest products by any means of transportation; and
"storing" means holding in stock whether in a building or in open yards.
98-64; 2000, c.26, s.211
PURPOSES OF THE PLAN
3 The purposes of the Plan are:
(a) to provide for the promotion, control and regulation of the marketing of forest products produced within the regulated area;
(b) to encourage the production and marketing of high quality forest products;
(c) to encourage the adoption of good woodlot management practices;
(d) to co-operate with other local and provincial boards in New Brunswick and elsewhere in regulating the marketing of forest products; and
(e) to provide for the development, conservation and management of forestry resources on private woodlots within the regulated area.
98-64
APPLICATION OF PLAN
4 The Plan shall apply to producers and persons engaged as dealers and shippers of forest products produced in the regulated area.
ADMINISTRATION OF THE PLAN
5(1) The Plan shall be administered by a local board, to be known as the Madawaska Forest Products Marketing Board, consisting of seven members elected as hereinafter provided from among the registered producers of the area who are not licensed dealers.
5(2) In addition there may be two non-voting advisers to the local board elected as hereinafter provided from among the licensed dealers of the regulated area.
POWERS VESTED IN THE LOCAL BOARD
6 The powers vested in the local board are as follows:
(a) to regulate the time and place at which, and to designate the agency by or through which forest products shall be marketed;
(b) to regulate the manner in which forest products may be marketed;
(b.1) to implement and administer forest management programs on private woodlots;
(c) to regulate the quantity and quality, grade or class of forest products which may be marketed at any time and to prohibit in whole or in part the marketing of any grade, quantity or class of forest products;
(d) to exempt from any regulation, rule or order any person or class of persons engaged in the marketing of forest products or any class or grade thereof;
(e) to require any and all persons before commencing or continuing the marketing of forest products to register with and obtain licences from the said local board;
(f) to fix and collect periodic licence fees or charges for services rendered by the local board from any and all persons producing or marketing forest products and for this purpose to classify such persons into groups and to fix the licence fees and direct charges or either of them payable by members of the different groups in different amounts and to recover any such licence fees and direct charges or either of them by suit in any court of competent jurisdiction;
(g) to suspend or revoke a licence for violation of any provision of the Plan or any order or regulation of the local board and to reinstate a licence which has been suspended or revoked;
(h) to require full information relating to the production, packing, transporting, storing and marketing of forest products from all persons engaged therein and to require from such persons periodic information on such forms as the local board may prescribe and to inspect the books and premises of such persons;
(i) to fix the price or prices, maximum price or prices, minimum price or prices, or both maximum and minimum prices at which forest products or any grade or class thereof may be bought or sold in the regulated area, and to fix different prices for different parts of the regulated area;
(j) Repealed: 98-64
(k) Repealed: 98-64
(l) to use in carrying out the purposes of the Plan and paying expenses of the local board any moneys received by the local board;
(m) to require persons who purchase forest products for resale to furnish security or proof of financial responsibility;
(n) to provide for the administration and disposition of securities furnished as proof of financial responsibility;
(o) to co-operate with any Canadian or Provincial Board to regulate the marketing of forest products produced within the regulated area and to act conjointly with any Canadian or Provincial Board for such purpose;
(p) to make such orders, rules and regulations as are deemed by the local board necessary to carry out the Plan or to regulate effectively the marketing of forest products or to exercise any power vested in the local board; and
(q) to appoint officers, employees and agents, prescribe their duties and fix their remunerations.
98-64
HEAD OFFICE
7 The head office of the local board shall be in the City of Edmundston, New Brunswick.
DISTRICTS AND ZONES
8(1) The regulated area is hereby divided into seven districts as follows:
(a) District 1, the parishes of Connors, St. Francois and Clair;
(b) District 2, the parishes of Baker Lake and Baker Brook;
(c) District 3, the parishes of St. Hilaire, Immaculate Conception and St. Jacques;
(d) District 4, the parishes of St. Joseph, Notre Dame des Sept Douleurs and St. Basile;
(e) District 5, the parishes of Riviere Verte and Ste. Anne;
(f) District 6, the parishes of Siegas, St. Leonard and St. Antoine; and
(g) District 7, the parishes of St. Andre and Drummond.
8(2) For purposes of electing advisers to the local board, the regulated area shall be divided into two zones as follows:
(a) zone A, the parish of St. Basile and that part of the regulated area lying to the south thereof; and
(b) Zone B, that portion of the regulated area not included in Zone A.
TERM OF OFFICE OF BOARD MEMBERS AND ADVISERS
9(1) The term of office for each board member shall be three years or until a successor is elected.
9(2) The term of office for advisers to the local board shall be one year or until their successors are elected.
PARISH MEETINGS OF REGISTERED PRODUCERS
10(1) Within six weeks prior to the date of the annual meeting of the local board as hereinafter provided, the local board shall arrange for a meeting of the registered producers in each parish in the regulated area.
10(2) Each annual parish meeting of registered producers shall elect delegates on the basis of one delegate for each twenty-five registered producers or fraction thereof in the parish.
ANNUAL MEETING OF DELEGATES
11(1) An annual meeting of delegates shall be called by the local board between the first day of April and the first day of June each year at such time and place as the local board may determine.
11(2) A report of activities and the annual financial statement of the local board shall be presented to the annual meeting of delegates.
11(3) Members and advisers of the local board shall be elected at the annual meeting of delegates as follows:
(a) one local board member to represent each district where a vacancy occurs shall be elected by the delegates present from the particular district to be represented in each case; and
(b) advisers to the Local Board shall be elected one from among the licensed dealers of Zone A and one from among the licensed dealers of Zone B, by the delegates present at the annual meeting.
11(4) Any producer in the regulated area may attend the annual meeting of delegates but only duly elected delegates shall be eligible to vote.
11(5) The chairman of the local board shall preside at the annual meeting of delegates, but in the event of his absence, the meeting shall elect a chairman from among the other members of the local board.
11(6) All matters for decision by the general meeting of delegates shall be decided by a majority vote of the duly elected delegates present, but, in the event of a tie, the chairman shall have the casting vote.
OPERATION OF THE LOCAL BOARD
12(1) At meetings as required, the local board shall pass such by-laws, orders and regulations as it may deem necessary for the organization and regulation of its affairs.
12(2) The annual meeting of the local board shall be held between the first day of April and the first day of June each year following the annual meeting of delegates, at such time and place as the local board may determine.
12(3) Special meetings may be called by the chairman or by three members of the local board.
12(4) At each annual meeting the members shall elect a chairman from among their number.
13(1) The local board may at any time appoint a secretary-treasurer and such other officers and employees as it deems expedient.
13(2) In the absence of the chairman from a meeting, the members may elect an acting chairman.
13(3) When a vacancy occurs on the local board, such vacancy shall be filled, until the next annual meeting of delegates, by the local board appointing a registered producer from a district where the vacancy occurs.
13(4) A vacancy among the advisers may be similarly filled by an appointee of the local board from among the licensed dealers in the zone where the vacancy occurs.
13(5) The local board may remove from office any member or adviser thereof who has been convicted of an offence under the Act or under the Criminal Code or for failure to attend two consecutive board meetings without reasonable excuse.
13(6) Notwithstanding any irregularity in the election or appointment or qualification of any member or adviser of the local board, every act of the local board shall be valid as if the local board were duly constituted and every member and adviser thereof duly appointed or elected and qualified.
13(7) The business year of the local board shall end on the thirty-first day of January each year.
13(8) The local board shall keep proper books of account which shall be audited for each business year by an auditor approved by the local board, and a report of such audit, accompanied by a report of the operations of the local board, shall be presented to the annual meeting of the local board and a copy forthwith forwarded to the Commission.
13(9) The local board shall forward to the Secretary of the Commission a copy of all orders, directions and determinations of the local board and a copy of the minutes of all meetings of the local board.
14(1) Members and advisers of the local board shall be paid a reasonable per diem allowance, together with necessary travel expenses, when attending meetings or discharging other duties assigned by the local board.
14(2) In the event of an equality of votes, the chairman, in addition to his vote as member of the board, shall have the authority to cast the deciding vote.
LICENCES
15 When required by regulation of the local board every person shall, before beginning or continuing to act as a dealer, or shipper of forest products, register with and obtain a licence for such purpose from the said board.
TENURE OF LICENCES
16 Every such licence issued by the local board shall remain valid as long as the licensee continues to act as a shipper or dealer of forest products or until such licence has been suspended or revoked by the local board.
SUSPENSION AND REVOCATION
17(1) A licence may be suspended or revoked by the local board if the holder thereof violates any provision of the Act, the Plan or any order authorized thereunder.
17(2) Any person whose licence has been revoked, before such licence is renewed or reinstated, may be required to place with the local board such bond or other suitable security and in such amount as the local board may determine, payable to the local board.
17(3) Should the person again violate any provision of the Act, the Plan or any order, such bond, in the discretion of the local board and in addition to any penalty otherwise provided, may be declared forfeited.
18(1) Regulation 113, Statutory Orders and Regulations 1963, under the Farm Products Marketing Act is repealed subject to this Regulation being a consolidation and revision thereof.
18(2) The Madawaska Forest Products Marketing Board is continued under this Regulation, and any order, rule, regulation, resolution, or by-law made by such board pursuant to Regulation 113 is hereby continued to be in full force and effect at law unless any succeeding order, rule, regulation, resolution or by-law otherwise directs.
N.B. This Regulation is consolidated to June 30, 2000.