BILL 26
An Act to Amend the Transportation
of Primary Forest Products Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Subsection
2(1) of the Transportation of Primary Forest Products Act, chapter
T-11.02 of the Acts of New Brunswick, 1999, is amended by striking
out “a properly completed” and substituting “an accurately completed”.
2 Section
3 of the Act is amended
(a) in subsection (1) by striking out “properly completed”
and substituting “accurately
completed”;
(b) in subsection (2) by striking out “properly completed”
and substituting “accurately
completed”.
3 The
Act is amended by adding after section 3 the following:
Possession of a transportation certificate
containing false or misleading statements
3.01(1)
Where an operator of a vehicle to whom subsection 2(1) applies is
in possession of a transportation certificate that contains false
or misleading statements, he or she commits an offence and the following
persons are parties to the offence:
(a) the owner of the land from which the primary
forest products originated; and
(b) the wood contractor for whom the primary
forest products were harvested.
3.01(2)
The owner of the land or the wood contractor may be charged with,
convicted of and sentenced for the offence under subsection (1), whether
or not the operator of the vehicle is charged with or convicted of
the offence.
3.01(3)
No person shall be convicted of an offence under subsection (1) if
he or she exercised due diligence to prevent its commission.
4 Subsection
3.1(1) of the Act is amended by striking out “a properly completed”
and substituting “an
accurately completed”.
5 Subsection
4(2) of the Act is amended by striking out “a properly completed”
and substituting “an
accurately completed”.
6 Section
9 of the Act is amended
(a) by renumbering the section as subsection 9(1);
(b) in subsection (1) by striking out “knowingly”;
(c) by adding after subsection (1) the following:
9(2)
No person shall be convicted of an offence under subsection (1) if
he or she exercised due diligence to prevent its commission.
7 The
Act is amended by adding after section 11 the following:
Limitation period
11.1 A
prosecution of an offence under this Act or the regulations shall
be commenced within one year after the date on which the offence was,
or is alleged to have been, committed.
8 Schedule
A of the Act is repealed and the attached Schedule A is substituted.
9 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 |
| 2(1)............... |
E |
| 3(1)............... |
E |
| | 3(2)............... |
E |
| | 3.01(1)............... |
E |
| | 3.1(1)............... |
E |
| | 7............... | E |
| | 8............... | E |
| | 9(1)............... | E |
| | 11(1)............... |
E |