Acts and Regulations

2019-5 - Natural Products Act

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NEW BRUNSWICK
REGULATION 2019-5
under the
Natural Products Act
Filed April 3, 2019
1Section 2 of New Brunswick Regulation 2005-146 under the Natural Products Act is amended
(a) by repealing the definition “owner” and substituting the following: 
“owner” means a person who owns a private woodlot of 10 hectares or more within the regulated area.(propriétaire)
(b) by repealing the definition “executive committee”;
(c) by repealing the definition “zone”.
2Section 3 of the Regulation is repealed and the following is substituted: 
3(1)The Board shall consist of 16 members.
3(2)Two members shall be elected from each of the following districts: 
(a) District 1: the parishes of Westfield, Greenwich, Petersville, Musquash and The City of Saint John;
(b) District 2: the parishes of Kingston, Hampton, Upham, Saint Martins, Rothesay and Simonds;
(c) District 3: the parishes of Johnston, Wickham, Norton, Springfield, Hampstead and Kars;
(d) District 4: the parishes of Canning, Waterborough, Cambridge, Chipman and Gagetown; and
(e) District 7: the parishes of Harvey, Hillsborough, Hopewell and Alma.
3(3)Three members shall be elected from each of the following districts: 
(a) District 5: the parishes of Havelock, Coverdale, Elgin, Salisbury and Brunswick; and
(b) District 6: the parishes of Cardwell, Studholm, Sussex, Hammond and Waterford.
3Subsection 4(1) of the Regulation is repealed and the following is substituted: 
4(1)The term of office of a member is three years and commences at the meeting of the Board that follows the annual general meeting of owners.
4The heading “Annual zone meeting” preceding section 5 of the Regulation is repealed and the following is substituted:
Annual district meeting
5Section 5 of the Regulation is repealed and the following is substituted: 
5(1)The Board shall call an annual district meeting of owners in each district of the regulated area.
5(2)The annual district meeting of owners shall be held in the month of February or March, at a date fixed by the Board.
5(3)Notice of the meeting indicating the date, time and place fixed for the meeting shall
(a) be published at least once every week for two consecutive weeks in a newspaper having general circulation in the regulated area,
(b) be broadcast at least three times every week for two consecutive weeks by means of radio or television having general transmission in the regulated area, or
(c) be transmitted by electronic means at least two weeks before the meeting.
5(4)At the annual district meeting of owners, the owners in each district shall elect a member for that district, if the term of office of the member for that district is expiring at the meeting of the Board that follows the annual meeting of owners.
5(5)The members from each district shall be elected by a majority vote of owners from within their district.
5(6)A person who is an owner in more than one district may vote in only one district each year and, if not intending to vote in the district where the person resides shall, before the annual district meeting of owners, inform the Board of the district in which the person intends to vote.
6The heading “Annual meeting of owners” preceding section 6 of the Regulation is repealed and the following is substituted:
Annual general meeting of owners
7Section 6 of the Regulation is amended
(a) in subsection (1) by striking out “annual meeting of owners” and substituting “annual general meeting of owners”;
(b) in subsection (2) by striking out “The annual meeting of owners shall be held in the month of April or May” and substituting “The annual general meeting of owners shall be held in the month April, May or June”;
(c) by repealing subsection (3) and substituting the following: 
6(3)Notice of the meeting indicating the date, time and place fixed for the meeting shall
(a) be published at least once every week for two consecutive weeks in a newspaper having general circulation in the regulated area,
(b) be broadcast at least three times every week for two consecutive weeks by means of radio or television having general transmission in the regulated area, or
(c) be transmitted by electronic means at least two weeks before the meeting.
(d) in subsection (4) by striking out “annual meeting of owners” and substituting “annual general meeting of owners”;
(e) in subsection (6) by striking out “annual meeting of owners” and substituting “annual general meeting of owners”;
(f) in subsection (7) by striking out “annual meeting of owners” and substituting “annual general meeting of owners”.
8Section 7 of the Regulation is amended
(a) in subsection (1) by striking out “zone” and substituting “district”;
(b) by repealing subsection (2) and substituting the following: 
7(2)Notice of the meeting indicating the date, time and place fixed for the meeting shall
(a) be published at least once every week for two consecutive weeks in a newspaper having general circulation in the regulated area,
(b) be broadcast at least three times every week for two consecutive weeks by means of radio or television having general transmission in the regulated area, or
(c) be transmitted by electronic means at least two weeks before the meeting.
9Section 8 is amended
(a) in paragraph (1)(e) by striking out “annual meeting of owners” and substituting “annual general meeting of owners”;
(b) in subsection (2) by striking out “annual meeting of owners” and substituting “annual general meeting of owners”;
(c) in subsection (4) by striking out “annual meeting of owners” and substituting “annual general meeting of owners”;
(d) in subsection (10) by striking out “and shall send a copy of the recommendations to the executive committee”.
10Schedule A of the Regulation is amended
(a) in subsection 2(3) by striking out “Nineteen” and substituting “Nine”;
(b) by repealing section 3 and substituting the following: 
3(1)Members shall elect the officers of the Board from among themselves at the meeting of the Board following the annual general meeting of owners.
3(2)The officers of the Board shall hold office for a term of one year.
3(3)The officers of the Board shall not hold office for more than six consecutive years.
(c) by repealing section 4;
(d) by repealing section 5;
(e) by repealing section 6;
(f) by repealing section 7;
(g) by repealing section 8;
(h) by repealing section 9;
(i) in section 10
(i) by repealing subsection (1);
(ii) in subsection (2) by striking out “secretary of the Board” and substituting “officers of the Board”;
(iii) by repealing subsection (3) and substituting the following: 
10(3)Meetings of the Board shall be called by the officers of the Board.
(j) in subsection 13(3) by striking out “annual zone meeting” and substituting “annual district meeting of owners”;
(k) in section 14
(i) in subsection (2) by striking out “zone” and substituting “district”;
(ii) in subsection (3) by striking out “zone” and substituting “district”;
(iii) by repealing subsection (4) and substituting the following: 
14(4)Notice of the meeting indicating the date, time and place fixed for the meeting shall
(a) be published at least once every week for two consecutive weeks in a newspaper having general circulation in the regulated area,
(b) be broadcast at least three times every week for two consecutive weeks by means of radio or television having general transmission in the regulated area, or
(c) be transmitted by electronic means at least two weeks before the meeting.
(iv) in subsection (5) by striking out “zone” and substituting “district”;
(v) in subsection (6) by striking out “zone” and substituting “district”;
(vi) in subsection (7) by striking out “zone” and substituting “district”;
(vii) in subsection (8) by striking out “annual meeting of owners” and substituting “annual general meeting of owners”;
(viii) in subsection (9) by striking out “zone” and substituting “district”;
(l) in subsection 15(2) by striking out “2 persons from among the chair, vice-chair and treasurer of the Board and such other person as may be designated by the Board” and substituting “the treasurer of the Board or such other person as may be designated by the Board”;
(m) in section 17
(i) in subsection (1) by striking out “annual meeting of owners” and substituting “annual general meeting of owners”;
(ii) in subsection (2) by striking out “annual meeting of owners” and substituting “annual general meeting of owners”.
TRANSITIONAL PROVISIONS
11(1)Any member of the Southern New Brunswick Forest Products Marketing Board who held office immediately before the commencement of this Regulation continues in office until the meeting of the Southern New Brunswick Forest Products Marketing Board that follows the first annual meeting of owners after the commencement of this Regulation.
11(2)At the first annual district meeting of owners after the commencement of this Regulation, the members of the Southern New Brunswick Forest Products Marketing Board shall be elected as follows: 
(a) District 1
(i) one member for a term of one year,
(ii) one member for a term of two years;
(b) District 2
(i) one member for a term of one year,
(ii) one member for a term of three years;
(c) District 3
(i) one member for a term of one year,
(ii) one member for a term of three years;
(d) District 4
(i) one member for a term of one year,
(ii) one member for a term of three years;
(e) District 5
(i) one member for a term of one year,
(ii) one member for a term of two years,
(iii) one member for a term of three years;
(f) District 6
(i) one member for a term of one year,
(ii) one member for a term of two years,
(iii) one member for a term of three years;
(g) District 7
(i) one member for a term of two years,
(ii) one member for a term of three years.
11(3)The term of office of a member elected under subsection (2) commences at the meeting of the Southern New Brunswick Forest Products Marketing Board that follows the first annual meeting of owners after the commencement of this Regulation.