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Part II .

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Christmas Tree Levy Regulations

made under

Section 40 of the

Forests Act

R.S.N.S. 1989, c. 179

O.I.C. 93-898 (effective January 31, 1994), N.S. Reg. 168/1993

amended to O.I.C. 2019-58 (effective March 5, 2019), N.S. Reg. 40/2019

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Exemption

Registration

Levy

Increase in levy

Records

Effective date of regulations

Citation

1 These regulations may be cited as the “Christmas Tree Levy Regulations”.

Definitions

2 In these regulations

(a) “Act” means the Forests Act ;

(b) “broker” means a person who purchases Christmas trees from a producer

for resale to a person other than a consumer in Nova Scotia;

(c) “Council” means the Christmas Tree Council of Nova Scotia incorporated

pursuant to the provisions of the Societies Act ;

(d) “export market” means any Christmas tree market outside of Nova Scotia;

(e) “Minister” means the Minister of Natural Resources;

(f) “producer” means a person who grows Christmas trees for sale;

(g) “roadside value” means the amount paid by a broker to a producer for

unbaled Christmas trees at roadside;

(h) “vendor-producer” means a person who produces Christmas trees for sale to

a consumer, retailer or export market.

Exemption

3 These regulations do not apply to the production of brush or wreaths.

Registration

(1) Every broker or vendor-producer shall register with the Council by certifying in

writing to the Secretary of the Council that the person is either a broker or vendor-producer as defined in these regulations.

(2) The Council shall keep and maintain a list of registered brokers and vendor-producers within the Province.

(3) No broker shall buy and no vendor-producer shall sell Christmas trees unless the

broker or vendor-producer is registered with the Council.

(4) A person who is registered as a broker or vendor-producer pursuant to subsection

(1) shall remain registered until the person notifies the Secretary of the Council in

writing that the registration should be revoked or unless the Council revokes the

registration pursuant to subsection (5).

(5) The Council may revoke the registration of a broker or vendor-producer in the

event the broker or vendor-producer fails to remit a levy required to be remitted

pursuant to subsection (1) of

Section 5, or fails to make available any record

required to be made available pursuant to subsection (2) of

Section 8.

(6) A broker or vendor-producer whose registration has been revoked pursuant to

subsection (5) may be re-registered by the Council upon payment of all outstanding

levies required to be remitted pursuant to subsection (1) of

Section 5, or by

production of all records required to be made available pursuant to subsection (2)

Section 8.

Levy

(1) A broker or vendor-producer shall deduct and remit to the Council from

(

a) any amount payable by a broker to a producer; or

(

b) any amount received by the vendor-producer as a result of a sale of

Christmas trees,

a levy equal to one percent of the roadside value of the Christmas trees or a levy

determined from time to time pursuant to subsection (1) of

Section 6.

(2) A broker or vendor-producer shall remit the levy deducted in any year pursuant to

subsection (1) to the Council on or before February 1 of the immediately following

year.

(3) Subject to receipt of a notice pursuant to

Section 7, any unpaid levy may be

recovered in a Court of competent jurisdiction in an action for debt instituted by

the Council.

(4) The Council shall use any sums remitted pursuant to subsection (1) for purposes of

promotion and research for the benefit of the Christmas tree industry including the

support of the Council and defrayal of expenses incurred by the Council in

administering and collecting the levy.

(5) The Council shall submit to the Minister not later than the 30th day of June in each

year an audited statement of the receipts and disbursements of the Council for the

Council’s immediately preceding fiscal year.

Increase in levy

(1) Where the Council is of the opinion that a review of the amount of the levy is

required, the Council shall provide a written notice to the producers of the

proposed increase in the levy along with a ballot and shall request the producers to

return the ballot to the Council on or before the date specified in the notice marked

as either in favour of or opposed to the proposed increase.

(1A) Subject to subsection (2), the levy may be increased by the amount proposed in the

notice referred to in subsection (1) where at least two thirds of the ballots received

by the Council on or before the date specified in the notice are marked in favour of

such an increase.

(2) An increase in the levy approved pursuant to subsection[s] (1) [and (1A)] shall not

be effective until approved by the Governor in Council.

7 [repealed]

Records

(1) A broker or vendor-producer shall keep a record of

(

a) the number and roadside value of Christmas trees purchased from a

producer in a year;

(

b) the name and mailing address of the producer;

(

c) the number and roadside value of Christmas trees sold by a vendor-producer

in a year; and

(d) [Original text does not include clause 8(1)(d).]

(

e) the amount deducted in a year pursuant to subsection (1) of

Section 5,

and shall remit the record to the Council on or before February 1st of the

immediately following year.

(2) A broker or vendor-producer shall make available to the Secretary of the Council,

upon reasonable notice, all books of account, records or documents as the

Secretary of the Council may require for inspection, audit and examination to assist

the Council in ensuring compliance with these regulations.

Effective date of regulations

9 These regulations shall be effective on, from and after the 31st day of January, 1994.

Legislative History

Reference Tables

Christmas Tree Levy Regulations

N.S. Reg.

168/1993

Forests Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Christmas Tree Levy Regulations made

under the Forests Act includes all

of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

168/1993

Jan 31, 1994

date specified

Dec 10, 1993

40/2019

Mar 5, 2019

date specified

Mar 29, 2019

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

7 ........................................................

rep. 40/2019

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Original text does not include clause 8(1)(d).

The provisions in

Section 6 of the original text that

were lettered as clauses (1)(

a) and (

b) have been redesignated as subsections

(1) and (1A) to correct the structure of the

Section for the purposes of this

consolidation.

The reference to the Minister of Natural Resources in

clause 2(

e) should be read as a reference to the Minister of Lands and

Forestry in accordance with Order in Council 2018-188 under the Public Service Act , R.S.N.S. 1989, c.

Jul 5, 2018

The reference to the Minister of Natural Resources in

clause 2(

e) should be read as a reference to the Minister of Agriculture in

accordance with Order in Council 2020-041 under the Public Service Act , R.S.N.S. 1989, c. 376.

Feb 4, 2020

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.