BILL 59
An Act to Amend the
Natural 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 Natural Products Act, chapter N-1.2 of the Acts of New Brunswick,
1999, is amended
(a) by repealing the definition “farm
product” and substituting the following:
“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, including wood chips and biomass produced at or on the harvest
site, and any article of food or drink wholly or partly manufactured
or derived from any such product that may be designated by regulation; (produit de ferme)
(b) by adding the following
definitions in alphabetical order:
“biomass” means biomass as
defined in the Forest Products Act; (biomasse)
“milk grader” means a person
who grades and samples milk in a dairy plant; (préposé au classement du lait)
2 The
Act is amended by adding after section 3 the following:
Farm products originating from private
woodlots
3.1 With respect to farm products of the forest,
this Act and the regulations only apply to farm products originating
from private woodlots.
3 Paragraph
5(4)(c) of the Act is amended by striking out “New Brunswick
Milk Marketing Board” and substituting “Dairy Farmers of New Brunswick”.
4 The
Act is amended by adding after section 10 the following:
Participation in meetings by telephone
10.1 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.
5 Subsection 11(2) of the Act is amended
(a) by repealing paragraph
(k) and substituting the following:
(k) to provide that milk or cream shall
be marketed by or through the Commission or the Dairy Farmers of New
Brunswick, and to fix, impose and collect service charges to meet
the expenses of marketing milk or cream;
(b) by repealing paragraph
(l) and substituting the following:
(l) to require any person who produces
milk to sell milk to or through the Commission or the Dairy Farmers
of New Brunswick, and to prohibit any person from marketing milk otherwise
than by or through the Commission or the Dairy Farmers of New Brunswick,
as the case may be; and
(c) in paragraph (m)
(i) in the portion
preceding subparagraph (i) by striking out “New Brunswick Milk
Marketing Board” and substituting “Dairy Farmers of New Brunswick”;
(ii) in subparagraph
(i) by striking out “New Brunswick Milk Marketing Board”
and substituting “Dairy
Farmers of New Brunswick”.
6 Section 12 of the Act is amended by adding
after subsection (2) the following:
12(3) The Commission may take any action referred to in subsection
(4) if the Commission reasonably believes that an agency, board or
person carrying out functions on behalf of an agency or board is committing
an act or pursuing a course of conduct that may
(a) violate this Act or the regulations,
(b) constitute an unsound business practice,
(c) prejudice the interests of persons
for whose benefit the agency or board has been established,
(d) constitute a failure by the agency
or board or person to file a report or document required to be filed
with the Commission or to provide information required to be provided
to the Commission,
(e) lead to a defect, irregularity or
inconsistency in the administration of a plan, or
(f) fall outside the scope, purposes
or powers of the agency or board.
12(4) For the purposes of subsection (3), the Commission may do any
one or more of the following:
(a) investigate the business and affairs
of the agency or board, or the business and affairs of the person
carrying out functions on behalf of the agency or board;
(b) prepare a report concerning the
results of an investigation and, where the Commission considers it
necessary, make the report public; and
(c) order the agency or board to take
such remedial action as the Commission considers necessary.
7 Section
13 of the Act is amended
(a) in paragraph (a)
(i) by repealing the
portion preceding subparagraph (i) and substituting the following:
(a) providing that each agency or board
file with the Commission, within the time prescribed by the Commission,
true copies of
(ii) by repealing
subparagraph (vii) and substituting the following:
(vii) such further statements, reports
and documents, regardless of form, that are in the possession of an
agency or board as the Commission requires;
(b) by adding after paragraph
(a) the following:
(a.1) respecting the system of bookkeeping
and accounting to be adopted by an agency or board, and the form of
and the manner in which all books of account, records, and other books
and documents of an agency or board shall be kept;
(a.2) respecting the system of auditing
of the accounts, records, and other books and documents of an agency
or board, the qualifications of an auditor, the manner of performing
an audit, the reports and information to be made and furnished by
an auditor, and otherwise with respect to the performance of an auditor’s
duties;
(a.3) respecting information to be made
and furnished by an agency or board to the Commission, and the time
when and by whom the information shall be provided;
8 Subsection
18(6) of the Act is amended
(a) in paragraph (d) by
adding “and” at the end of the paragraph;
(b) by repealing paragraph
(e).
9 Section 24 of the Act is amended
(a) by repealing subsection
(4) and substituting the following:
24(4) A board may perform any function or duty and exercise any power
imposed or conferred upon it under any law of Canada respecting regulated
products.
(b) by repealing subsection
(5).
10 Subsection 27(1) of the Act is amended
(a) in paragraph l) of
the French version by striking out “le conseil” and substituting “l’office”;
(b) in paragraph m) of
the French version by striking out “le conseil” and substituting “l’office”.
11 Section
28 of the Act is amended
(a) by repealing paragraph
(1)b) of the French version and substituting the following:
b) soustraire à l’application
d’un arrêté d’un office toute personne ou catégorie
de personnes s’occupant de la commercialisation ou de la production
et de la commercialisation d’un produit réglementé
ou toute catégorie, variété ou classe quelconque d’un
produit réglementé;
(b) in subsection (3)
(i) in the portion
preceding paragraph (a) by striking out “New Brunswick Milk
Marketing Board” and substituting “Dairy Farmers of New Brunswick”;
(ii) by repealing
paragraph (a) and substituting the following:
(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 Dairy Farmers of New Brunswick
consider is capable of being conducted so as directly or indirectly
to benefit the dairy industry and the dairy products trade;
12 Subsection
37(3) of the Act is amended
(a) by repealing paragraph
(a) and substituting the following:
(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 and to the board or marketing agency
referred to in the regulation, a declaration containing such information
as is prescribed by regulation;
(b) by repealing paragraph
(b);
(c) by repealing paragraph
(c).
13 Subsection 39(3) of the Act is amended
(a) by repealing paragraph
(a) and substituting the following:
(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 and to the board referred to in the regulation,
a declaration containing such information as is prescribed by regulation;
(b) by repealing paragraph (b);
(c) by repealing paragraph (c).
14 Subsection
44(1) of the Act is amended by adding after paragraph (d) the following:
(d.1) milk grader;
15 Subsection
45(2) of the Act is repealed and the following is substituted:
45(2) Except where exempted in accordance
with the regulations or orders under section 57, 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.
16 Subsection
57(1) of the Act is amended
(a) by repealing paragraph
(b) and substituting the following:
(b) exempting persons or classes of
persons from the application of subsection 45(1) or (2);
(b) by repealing paragraph
(t) and substituting the following:
(t) respecting inspections under this
Part, including the inspection of accounts of milk dealers and the
Dairy Farmers of New Brunswick;
17 Section
63 of the Act is repealed and the following is substituted:
63(1) A certificate purporting to be signed
by an inspector is, without proof of the inspector’s appointment,
authority or signature, admissible in evidence and is, in the absence
of evidence to the contrary, proof of the facts stated in the certificate.
63(2) A certificate referred to in subsection (1) shall not be received
in evidence unless the party intending to produce it has given to
the person against whom it is to be produced reasonable notice of
the party’s intention, together with a copy of the certificate.
63(3) A person against whom a certificate referred to in subsection
(1) is produced may, with leave of the court or the board, as the
case may be, require the attendance of the person who signed the certificate
for purposes of cross-examination.
18 Subsection
89(2) of the Act is amended by striking out “as a category C
offence” and substituting “as a category E offence”.
19 Subsection
99(1) of the Act is repealed.
20 Paragraph
102(a) of the Act is amended by repealing the portion preceding subparagraph
(i) and substituting the following:
(a) respecting the establishment of
a negotiating agency or negotiating agencies consisting of a person
or persons engaged in the marketing or the production and marketing
of a regulated product or any other person or persons, 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 the regulated product:
21 Schedule
A of the Act is amended
(a) by striking out
22(1)............... |
C |
31(1)............... |
C |
and
substituting the following:
22(1)............... |
E |
31(1)............... |
E |
(b) by striking out
and
substituting the following:
CONSEQUENTIAL AMENDMENT
Forest Products
Act
22 Subsection 10(3) of the Forest Products
Act, chapter F-21 of the Revised Statutes, 1973, is repealed.
EXPLANATORY NOTES
Section 1
(a) The existing definition
is as follows:
“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; (produit de ferme)
(b) New definitions are added.
Section 2
New provision.
Section 3
The existing provision is as follows:
5(4) The membership of the Commission shall consist of ...
(c) one member representing the New
Brunswick Milk Marketing Board;
Section 4
New provision.
Section 5
(a) The existing provision is
as follows:
11(2) The Commission has the following additional
powers in relation to the dairy industry and the dairy products trade:
...
(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;
(b) The existing provision is
as follows:
11(2) The Commission has the following additional
powers in relation to the dairy industry and the dairy products trade:
...
(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
(c)
i) The existing provision is
as follows:
11(2) The Commission has the following additional powers in relation
to the dairy industry and the dairy products trade: ...
(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
ii) The existing provision is
as follows:
11(2) The Commission has the following additional powers in relation
to the dairy industry and the dairy products trade: ...
(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
Section 6
New provisions.
Section 7
(a)
i) The existing provision is
as follows:
13 The Commission may make orders
(a) providing for the filing by each
agency or board with the Commission of true copies of
ii) The existing provision is
as follows:
13 The Commission may make orders
(a) providing for the filing by each
agency or board with the Commission of true copies of ...
(vii) such further statements and reports
as the Commission requires from the agency or board;
(b) New provisions.
Section 8
(a) The existing provision is
as follows:
18(6) A plan in a regulation under subsection (5) shall include: ...
(d) whether the plan applies to all
of the Province or to an area in the Province;
(b) The existing provision is
as follows:
18(6) A plan in a regulation under subsection
(5) shall include: ...
(e) the mission statement and strategic
objectives of the agency or board; and
Section 9
(a) The existing provision is
as follows:
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.
(b) The existing provision is
as follows:
24(5) The Regulations Act does not apply to an authorization under subsection
(4).
Section 10
(a) A correction is made in
the French version. The existing provision is as follows:
27(1) Le lieutenant-gouverneur en conseil peut établir des règlements
afin d’investir un office des pouvoirs suivants : ...
(l) annuler, diminuer, suspendre ou
refuser d’augmenter, pour toute raison qu’il juge appropriée,
un quota fixé et alloué à une personne en vertu de
l’alinéa i) ou j) et, sans restreindre la portée générale
de ce qui précède, annuler ou diminuer tout quota à
titre de sanction lorsque le conseil a des motifs raisonnables de
croire que la personne bénéficiant de la fixation et de
l’allocation d’un quota a enfreint une disposition de
la présente loi ou un règlement, un arrêté ou
un plan;
(b) A correction is made in
the French version. The existing provision is as follows:
27(1) Le lieutenant-gouverneur en conseil peut établir des règlements
afin d’investir un office des pouvoirs suivants : ...
(m) permettre à toute personne
bénéficiant de la fixation et de l’allocation d’un
quota en vertu de l’alinéa i) ou j) de commercialiser ou
de produire et de commercialiser un produit réglementé ou
de posséder des poules, selon le cas, en excès de ce quota
aux modalités et conditions que le conseil juge appropriées;
Section 11
(a) A correction is made in
the French version. The existing provision is as follows:
28(1) La Commission peut établir des règlements pour investir
un office des pouvoirs suivants : ...
(b) soustraire à l’application
d’un arrêté d’un office toute personne ou catégorie
de personnes s’occupant de la commercialisation ou de la production
et de la commercialisation d’un produit réglementé
ou toute catégorie, variété ou classe quelconque de
ce produit réglementé;
(b)
i) The existing provision is
as follows:
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:
ii) The existing provision is
as follows:
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;
Section 12
(a) The existing provision is
as follows:
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) The existing provision is
as follows:
37(3) In a regulation under subsection (1),
the Lieutenant-Governor in Council may ...
(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) The existing provision is
as follows:
37(3) In a regulation under subsection (1),
the Lieutenant-Governor in Council may ...
(c) provide that paragraphs (a) and
(b) do not apply where a transportation certificate, containing essentially
the same information as is required in the declaration, accompanies
the primary forest products;
Section 13
(a) The existing provision is
as follows:
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) The existing provision is
as follows:
39(3) In a regulation under subsection (1),
the Lieutenant-Governor in Council may ...
(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) The existing provision is
as follows:
39(3) In a regulation under subsection (1),
the Lieutenant-Governor in Council may ...
(c) provide that paragraphs (a) and
(b) do not apply where a transportation certificate, containing essentially
the same information as is required in the declaration, accompanies
the primary forest products;
Section 14
New provision.
Section 15
The existing provision is as follows:
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.
Section 16
(a) The existing provision is
as follows:
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 ...
(b) exempting persons or classes of
persons from the application of subsection 45(1);
(b) The existing provision is
as follows:
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 ...
(t) respecting inspections under this
Part, including the inspection of accounts of milk dealers and the
New Brunswick Milk Marketing Board;
Section 17
The existing provision is as follows:
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.
Section 18
The existing provision is as follows:
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.
Section 19
The existing provision is as follows:
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.
Section 20
The existing provision is as follows:
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:
Section 21
(a) The existing provisions
are as follows:
22(1)............... |
C |
31(1)............... |
C |
(b) The existing provision
is as follows:
Section 22
Forest Products Act
The existing provision is as follows:
10(3) No member or agent of the Commission shall disclose to any person
other than the Minister, information obtained in the course of an
investigation under this Act.