BILL 7

Private Woodlot Sustainability Act

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

Definitions

1 The following definitions apply in this Act.

“Fund” means the Private Woodlot Sustainability Fund established under section 2. (Fonds)

“Minister” means the Minister of Natural Resources and Energy Development and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“Minister of Finance and Treasury Board” means the Minister of Finance and Treasury Board and includes the Provincial Tax Commissioner appointed under the Revenue Administration Act and those persons designated by the Minister of Finance and Treasury Board to act on behalf of the Minister of Finance and Treasury Board or on behalf of the Provincial Tax Commissioner. (ministre des Finances et du Conseil du Trésor)

“private woodlot” means a private woodlot as defined in the Forest Products Act. (terrain boisé privé)

Private Woodlot Sustainability Fund

2( 1) There is established a fund called the Private Woodlot Sustainability Fund.

2( 2) The Minister of Finance and Treasury Board shall be the custodian of the Fund, and the Fund shall be held in trust by the Minister of Finance and Treasury Board.

2( 3) All interest arising from the Fund shall be paid into and form part of the Fund.

2( 4) The Fund shall be credited with the following amounts:

(a)  the adjustment amounts referred to in section 5 that are paid to the Crown;

(b)  amounts paid into the Fund in accordance with the regulations; and

(c)  any other money received by the Fund.

2( 5) The assets of the Fund may be used to

(a)  support additional silviculture on private woodlots,

(b)  engage owners of private woodlots in developing management plans,

(c)  support the development and completion of management plans by providing training, educational materials and other support on forest management to owners of private woodlots, and

(d)  enhance fire and pest protection on private woodlots.

2( 6) For greater certainty, the assets of the Fund may be used to pay any operating or capital expenditure related to any measure referred to in subsection (5).

2( 7) Payments for the purposes of subsection (5) shall be a charge on and payable out of the Fund.

2( 8) The Minister may engage the services of an expert to advise the Minister on matters relating to the measures referred to in subsection (5).

Certification of costs

3( 1) Subject to subsection (2), the Minister shall certify the costs incurred under subsection 2(5) to the Minister of Finance and Treasury Board.

3( 2) If the taking of any measure provided for in subsection 2(5) falls under the authority of a minister of the Crown in right of the Province other than the Minister, that other minister shall certify the costs incurred.

3( 3) The Minister of Finance and Treasury Board may rely on the costs certified under this section.

Certification of expert’s fees and expenses

4( 1) The Minister shall certify the amount of the fees and expenses of an expert engaged under subsection 2(8) to the Minister of Finance and Treasury Board.

4( 2) The Minister of Finance and Treasury Board may rely on the amount certified under this section.

Royalty adjustment

5 For the purposes of paragraph 2(4)(a) of this Act and subsection 59(1) of the Crown Lands and Forests Act, the royalty adjustment shall be prescribed by regulation.

Regulations

6 The Lieutenant-Governor in Council may make regulations

(a)  prescribing amounts to be paid into the Fund under paragraph 2(4)(b) and establishing the terms and conditions under which the amounts are to be paid;

(b)  prescribing the royalty adjustment under section 5, including prescribing different adjustments in relation to different classes of products;

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

(d)  prescribing anything required or authorized by this Act to be prescribed;

(e)  respecting any other matter that may be necessary for the proper administration of this Act.

CONSEQUENTIAL AMENDMENTS

Crown Lands and Forests Act

7( 1) The heading “Royalty based on fair market value” preceding section 59 of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended by striking out “value” and substituting “value plus adjustment”.

7( 2) Section 59 of the Act is amended

(a)  by repealing subsection (1) and substituting the following:

59( 1) The royalty for each class of timber shall be the sum of the following amounts:

(a)  the amount prescribed by regulation which is based on the fair market value of standing timber of that class as determined by the Lieutenant-Governor in Council; and

(b)  the royalty adjustment under section 5 of the Private Woodlot Sustainability Act.

(b)  in subsection (2) by striking out “royalty” and substituting “amount referred to in paragraph (1)(a)”.