Acts and Regulations

92-114 - Arbitration

Full text
Current to 1 January 2024
under the
Forest Products Act
(O.C. 92-688)
Filed August 31, 1992
Under section 18 of the Forest Products Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Arbitration Regulation - Forest Products Act.
2(1)After a conciliator has submitted a report of recommendations to the Commission under New Brunswick Forest Products Commission Order No. 2005-189 in respect of a dispute relating to the marketing of forest products, either party to the conciliation may request that the Commission refer the matters still in dispute to arbitration.
2(2)A request made under subsection (1) shall be accompanied by a statement of the matters in dispute.
3(1)Subject to subsection (2), the Commission may, on receipt of the report of the conciliator, in its discretion, refer or not refer to arbitration any of the matters in dispute, whether or not a request has been made under subsection 2(1).
3(2)The matters that may be referred to arbitration under subsection (1) are any matters referred to in paragraph 102(a) of the Natural Products Act except the following matters, being among those matters dealt with in terms and conditions of agreements referred to in subparagraph 102(a)(iv) of that Act, as they apply to a board:
(a) volume;
(b) product specifications; and
(c) point of purchase.
3(3)If the Commission refers all or any of the matters in dispute to arbitration, it shall notify the board and the processor and shall request any party that has not already done so to submit to it a statement of the matters in dispute.
4(1)Matters referred to arbitration under section 3 shall be heard by an arbitration board, which shall be composed of three members, one appointed by the board, one appointed by the processor and the third, who shall be chairperson, appointed
(a) by the other two members of the arbitration board, or
(b) if the other two members fail to agree on the third member, by the Commission.
4(2)If a party fails to appoint a member to the arbitration board within five days after being requested by the Commission to do so, the Commission may appoint a member on behalf of that party.
5(1)The Commission shall submit to the arbitration board any statements of matters in dispute received by the Commission from the parties and may sever from such statements any portions that relate to matters not referred to the arbitration board by the Commission.
5(2)The arbitration board shall meet forthwith after it is constituted and shall render a decision in respect of the matters referred to it.
5(3)A decision of the arbitration board under subsection (2) is binding on the parties and is final.
5(4)The chairperson of the arbitration board shall file, without delay, a copy of the arbitration board’s decision with the Commission.
6Each party to an arbitration shall bear the expense of the arbitrator appointed by it or on its behalf and the two parties shall bear equally the expense of the chairperson and of the arbitration board as a whole.
7With the consent of the parties, the Commission may abridge or extend any time limitations established in this Regulation.
8This Regulation comes into force on September 7, 1992.
N.B. This Regulation is consolidated to May 15, 2018.