BILL 22

An Act to Amend the Forest Products Act

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

1 Section 1 of the Forest Products Act, chapter F-21 of the Revised Statutes, 1973, is amended

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

“biomass” includes residual treetops, branches, foliage, non-merchantable woody stems, flail chipping residue and such other residual products of the forest; (biomasse)

(b)  by repealing the definition “primary forest products” and substituting the following:

“primary forest products” means (produits forestiers de base)

(a)  any unmanufactured product of forest trees of hardwood or softwood species, and

(b)  wood chips and biomass produced at the harvest site,

but does not include

(c)  coniferous trees cut for sale as Christmas trees, and

(d)  products from the sap of maple trees;

2 Section 3 of the Act is amended

(a)  in subsection (1)

(i) by repealing paragraph (d);

(ii) in paragraph (e) by striking out “one member” and substituting “two members”;

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

3(2) The members shall be appointed by the Lieutenant-Governor in Council to hold office at pleasure as follows:

(a)  the term of office of the members representing the producers and forest industries shall be for a period not exceeding three years each;

(b)  the term of office of the other members shall be for a period not exceeding five years each.

(c)  by repealing subsection (3).

3 The Act is amended by adding after section 6 the following:

Participation in meetings by telephone

6.1 Any member may participate in a meeting of the Commission by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other, and any member participating in a meeting by those means shall be deemed to be present at that meeting.

4 Section 8 of the Act is repealed and the following is substituted:

8 The objects of the Commission are

(a)  to encourage and facilitate the achievement of expanding markets and equitable prices for both the producer and consumer of purchased primary forest products, and

(b)  to encourage and facilitate the optimum utilization of private woodlot resources.

5 Section 9 of the Act is amended

(a)  by repealing paragraph (b) and substituting the following:

(b)  to facilitate meaningful dialogue between producers and consumers,

(b)  by adding after paragraph (b) the following:

(b.1)  to administer the negotiation process between the Producer Associations and their agents,

EXPLANATORY NOTES

Section 1

(a)  New definition.

(b)  The existing definition is as follows:

“primary forest products” means any unmanufactured product of forest trees of hardwood or softwood species except coniferous trees cut for sale as Christmas trees and products from the sap of maple trees; (produits forestiers de base)

Section 2

(a)  

i)  The existing provision is as follows:

3(1) There is hereby established a Commission to be known as the “New Brunswick Forest Products Commission” consisting of a chairman and six members who shall be appointed by the Lieutenant-Governor in Council as follows: ...

(d)  one member representing the Department of Agriculture, Fisheries and Aquaculture;

ii)  The existing provision is as follows:

3(1) There is hereby established a Commission to be known as the “New Brunswick Forest Products Commission” consisting of a chairman and six members who shall be appointed by the Lieutenant-Governor in Council as follows: ...

(e)  one member representing the Department of Natural Resources.

(b)  The existing provision is as follows:

3(2) The members shall be appointed by the Lieutenant-Governor in Council to hold office at pleasure as follows:

(a)  the term of office of the members representing the producers and forest industries shall be for a period of three years each;

(b)  the term of office of the other members shall be for five years each.

(c)  The existing provision is as follows:

3(3) Notwithstanding subsection (2) the first members of the Commission shall be appointed so as to allow for the retirement of one member each year as follows:

(a)  the Chairman for a term of five years;

(b)  the member representing the Department of Natural Resources and Energy for a term of four years;

(c)  the member representing the Department of Agriculture and Rural Development for a term of three years;

(d)  the members representing the producers for a term of two years;

(e)  the members representing the forest industries for a term of one year.

Section 3

New provision.

Section 4

The existing provision is as follows:

8 The object of the Commission is to encourage and facilitate the achievement of expanding markets and equitable prices for both the producer and consumer of purchased primary forest products.

Section 5

(a)  The existing provision is as follows:

9 The duties of the Commission are...

(b)  to conduct meaningful dialogue with producers and consumers and arrive at an equitable price for purchased primary forest products,

(b)  New provision.