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Chapter	Title
82-5	Reports and Returns by Marsh Bodies

1The following definitions apply in this Act.

“Area” means an area of marshland in respect of which a Marsh Body is incorporated. (région)

“Commission” means the Marshland Reclamation Commission established by the Lieutenant-Governor in Council under this Act. (Commission)

“Marsh Body” or “Body” means a Marsh Body incorporated under this Act. (organisme chargé de travaux de marais) ou (organisme)

“marshland” means land lying on the sea coast or on the bank of a tidal river and being below the level of the highest tide. (marais)

“marshland tract” means an area of marshland that may effectively be dealt with as a unit in the construction and maintenance of works, and the boundaries of which are the shore and upland only. (bande marécageuse)

“Minister” means the Minister of Agriculture, Aquaculture and Fisheries. (ministre)

“works” includes dykes, aboiteaux, breakwaters, canals, ditches, drains, roads and other structures, excavations and facilities for the reclamation, development, improvement or protection of marshland. (ouvrages)

R.S.1973, c.M-5, s.1; 1986, c.8, s.71; 1996, c.25, s.21; 2000, c.26, s.185; 2007, c.10, s.57; 2010, c.31, s.82

CONSTRUCTION OF WORKS

Power of Minister respecting works

2If in the opinion of the Minister it is in the interest of the Province, the Minister may construct, reconstruct, recondition, repair, maintain, conduct or operate works that are recommended by the Commission.

R.S.1973, c.M-5, s.2

Agreements of Minister respecting works

3Subject to this Act, the Minister may enter into an agreement with Canada, a Body or a person for the constructing, reconstructing, reconditioning, repairing, maintaining, conducting or operating of works at the joint expense of the parties to the agreement.

R.S.1973, c.M-5, s.3

Contribution of Province

4The total contribution of the Province toward the cost of a work performed under an agreement made under this Act shall not exceed one-half of the cost of the work to which the agreement relates.

R.S.1973, c.M-5, s.4

Power of Commission to recommend works

5No work shall be undertaken under an agreement made under this Act unless the work has been recommended by the Commission.

R.S.1973, c.M-5, s.5

MARSHLAND RECLAMATION COMMISSION

Appointment of Commission

6(1)The Lieutenant-Governor in Council may appoint a Marshland Reclamation Commission consisting of not less than three and not more than seven members as the Lieutenant-Governor in Council may determine.

6(2)The Lieutenant-Governor in Council shall designate one of the members of the Commission to be the chair of the Commission.

6(3)The Lieutenant-Governor in Council shall appoint a secretary of the Commission who may or may not be a member of the Commission.

R.S.1973, c.M-5, s.6

Term of office

7Each member of the Commission shall hold office for a period of three years unless the member’s appointment is sooner revoked.

R.S.1973, c.M-5, s.7

Remuneration and allowances

8The members of the Commission, excepting full-time employees in the service of the Province or Canada, shall receive the remuneration and allowances for their services and expenses that the Lieutenant-Governor in Council determines.

R.S.1973, c.M-5, s.8

Duties of Commission

9The Commission shall

(a) advise the Minister on matters related to the reclamation and protection of marshland and its development and maintenance for agricultural purposes,

(b) study and examine proposals for the construction, reconstruction, repair, maintenance, conduct or operation of works, and shall make recommendations on those proposals to the Minister, and

(c) perform any other duties that may be assigned to it by this Act or the regulations.

R.S.1973, c.M-5, s.9

Marshland Engineer

10The Lieutenant-Governor in Council may appoint a Marshland Engineer, who may act as secretary of the Commission, and who shall perform the duties that may be prescribed by the regulations or directed by the Minister.

R.S.1973, c.M-5, s.10

MARSH BODIES

Certificate of Incorporation

11(1)On receipt of a petition of owners of marshland in an area of the Province requesting that the owners of marshland within the area be incorporated as a Marsh Body, and if the Minister is satisfied

(a) that the petition is signed by not less than two-thirds of the owners of marshland within the area who are resident in the Province, and

(b) that the persons signing the petition together own not less than one-half of the marshland within the area,

subject to section 12, the Minister may grant a Certificate of Incorporation incorporating the owners of marshland within the Area described in the certificate as a Marsh Body under the name set out in the certificate, at which time the owners of marshland within the Area described in the certificate shall be and become a body corporate under the name set out in the certificate.

11(2)If two or more Areas are protected by common works maintained or operated by separate Marsh Bodies, on receipt of a petition from those Marsh Bodies and on the recommendation of the Commission, the Minister may grant a Certificate of Incorporation incorporating those Marsh Bodies as a federated Body under the name set out in the certificate, at which time the federated Marsh Bodies shall be and become a body corporate under the name set out in the certificate.

11(3)The petition provided for in subsections (1) and (2) shall set out

(a) the boundaries and size of the area,

(b) the names and addresses of all owners of marshland within the area,

(c) the amount of marshland owned by each owner of marshland within the area,

(d) the proposed name of the Marsh Body, and

(e) the names of not less than three nor more than nine owners of marshland within the area, who are resident in the Province, to be the first or provisional Executive Committee of the Marsh Body.

11(4)Every person who is an owner of marshland in the Area shall be, while the person is such an owner, a member of the Marsh Body.

R.S.1973, c.M-5, s.11

Recommendation of Commission

12(1)No Certificate of Incorporation shall be issued under this Act unless the Commission recommends its issue.

12(2)Except in exceptional circumstances, a Certificate of Incorporation shall not be issued under this Act in respect of an area of marshland other than a marshland tract, but in those circumstances a Certificate of Incorporation may be issued in respect of an area that comprises less than a marshland tract or that comprises more than one marshland tract.

R.S.1973, c.M-5, s.12

Publication in The Royal Gazette

13The Minister shall cause a copy of each Certificate of Incorporation to be published in The Royal Gazette.

R.S.1973, c.M-5, s.13

POWERS OF A MARSH BODY

Powers of a Marsh Body

14A Marsh Body may

(a) acquire, hold, use, sell and lease real and personal property;

(b) construct, reconstruct, recondition, repair, maintain, conduct and operate works;

(c) enter into agreements with the Province or any person for the construction, reconstruction, reconditioning, repairing, maintenance, conduct or operation of works;

(d) subject to the approval of the Commission, make regulations respecting works and lands within or affecting the Area;

(e) raise money for its purposes by borrowing;

(f) do and perform all other acts and things incidental or conducive to the attainment of its objects.

R.S.1973, c.M-5, s.14

EXECUTIVE COMMITTEE

Powers of Executive Committee

15There shall be an Executive Committee of the Body which shall have the management and direction of the business and affairs of the Body, including but not limited to authority to appoint the officers, overseers, servants and employees that the Executive Committee considers necessary and to fix their remunerations.

R.S.1973, c.M-5, s.15

Qualifications of member of Executive Committee

16No person shall be a member of the Executive Committee unless the person is a member of the Body and a resident of the Province.

R.S.1973, c.M-5, s.16

Tenure of provisional Executive Committee

17The members of the first or provisional Executive Committee named in the Certificate of Incorporation shall hold office until their successors are elected.

R.S.1973, c.M-5, s.17

Officers

18The members of the provisional Executive Committee shall elect from among their number a chair of the provisional Executive Committee and shall appoint a secretary of the provisional Executive Committee who may or may not be a member of the Executive Committee or of the Body.

R.S.1973, c.M-5, s.18

Organization meeting

19(1)An Executive Committee consisting of the number of members prescribed by the by-laws shall be elected at the organization meeting.

19(2)If the number of members of the Executive Committee to be elected is an even number, one-half of the members elected at the organization meeting shall be elected to hold office until the first annual meeting and the other one-half until the second annual meeting.

19(3)If the number of members of the Executive Committee to be elected is an odd number, one more than one-half of the members elected at the organization meeting shall be elected to hold office until the first annual meeting and the other members until the second annual meeting.

19(4)A member of the Executive Committee elected at an annual meeting shall hold office until the second annual meeting after the annual meeting at which the election was held.

R.S.1973, c.M-5, s.19

Chair and secretary of Executive Committee

20At the first meeting after the organization meeting and after each annual meeting of the Body, the members of the Executive Committee shall elect one of their number to be chair of the Executive Committee and shall appoint a secretary of the Executive Committee who may or may not be a member of the Executive Committee or of the Body.

R.S.1973, c.M-5, s.20

Officers of Marsh Body

21The chair and secretary of the Executive Committee shall be chair and secretary respectively of the Body and shall hold office until their successors are elected or appointed.

R.S.1973, c.M-5, s.21

Vacancy on Executive Committee

22When a vacancy occurs on the Executive Committee, the remaining members may appoint a successor to the member whose office is vacant, and the person so appointed shall hold office until the next annual meeting of the Body when the vacancy shall be filled for the unexpired portion of the term, if any.

R.S.1973, c.M-5, s.22

Quorum of Executive Committee

23A majority of the members of the Executive Committee constitute a quorum.

R.S.1973, c.M-5, s.23

Signing powers of Executive Committee

24All documents to which the Body is a party shall be executed on behalf of the Body by the chair and secretary or by any other members of the Executive Committee that the Executive Committee may authorize.

R.S.1973, c.M-5, s.24

Annual report of Executive Committee

25At each annual meeting of the Body, the Executive Committee shall present a report of its administration of the business and affairs of the Body during the preceding fiscal year and also an audited financial statement covering that administration.

R.S.1973, c.M-5, s.25

Temporary loans by Executive Committee

26Subject to the approval of the Commission, the Executive Committee may effect temporary loans in the name of the Body from any person for the purpose of defraying the expenditures of the Body, and the interest on loans so effected shall be added to the expenses of the Body.

R.S.1973, c.M-5, s.26

MEETINGS OF THE BODY

Organization meeting of Marsh Body

27The provisional Executive Committee shall call an organization meeting of the members of the Body within three months from the date of publication of the Certificate of Incorporation.

R.S.1973, c.M-5, s.27

Annual and special general meeting of Marsh Body

28(1)Not later than April 1 in each year, there shall be an annual meeting of all members of the Body at a place and time to be determined by the Executive Committee.

28(2)A special general meeting of the members of the Body may be called and held in the manner prescribed by the by-laws.

R.S.1973, c.M-5, s.28

Voting powers at meeting of Marsh Body

29At the organization meeting and at any meeting of the Body within one year of incorporation, a member of the Body is entitled to one vote, and at any other meeting of the Body, a member is entitled to one vote if all assessments made against the member under this Act prior to one year before the meeting have been satisfied.

R.S.1973, c.M-5, s.29

Voting powers of corporation

30A member that is a corporation is entitled to vote in the manner prescribed by the by-laws.

R.S.1973, c.M-5, s.30

Auditor of Marsh Body

31At each annual meeting, the members of the Body shall appoint an auditor who shall examine the accounts of the Body.

R.S.1973, c.M-5, s.31

BUDGETS AND SPECIAL RESERVE FUND

Budget of Marsh Body

32Before each annual meeting, the Executive Committee shall prepare a budget of the estimated amount required for the purposes of the Body for the current year.

R.S.1973, c.M-5, s.32

Special reserve fund of Marsh Body

33In preparing its budget the Executive Committee shall make provision annually for the raising of an amount approved by the Commission to be placed in a special reserve fund.

R.S.1973, c.M-5, s.33

Investment of special reserve fund

34The Executive Committee shall invest the special reserve fund in investments authorized by the Trustees Act.

R.S.1973, c.M-5, s.34

Expenditures from special reserve fund

35The special reserve fund shall be used only for the payment of the cost of work resulting from exceptional circumstances and no money shall be expended from the special reserve fund without the approval in writing of the Commission.

R.S.1973, c.M-5, s.35

Supplementary budget of Executive Committee

36If the amount estimated by the Executive Committee in any year is insufficient to meet the amount required by the Body during that year, the Executive Committee may prepare a supplementary budget of the estimated amount required to meet the insufficiency, and the amount of the supplementary budget when approved by the Body at a special general meeting called for the purpose shall be recovered by the Executive Committee in the same manner as is provided for the recovery of the amount of the budget.

R.S.1973, c.M-5, s.36

Duty of Executive Committee to undertake works

37On presentation of a petition to the Executive Committee signed by at least two-thirds in number of the owners in the Body to be affected by the work requesting that a work be undertaken, the Executive Committee may take all necessary steps to perform that work.

R.S.1973, c.M-5, s.37

Costs of works undertaken by Executive Committee

38(1)The Executive Committee may order the costs of the work performed under section 37 to be recovered by the Body from the owners of the lands affected by the work.

38(2)An order made under this section shall apportion the cost of the work among the owners of the lands affected on the basis of area owned in proportion to the total area of all the lands affected.

R.S.1973, c.M-5, s.38; 1977, c.M-11.1, s.14

Liability of owner respecting work done

39When an order is made under section 38, the amount apportioned to each owner shall constitute a debt owing to the Body and may be recovered by the Body in an action for debt in a court of competent jurisdiction.

R.S.1973, c.M-5, s.39

MISCELLANEOUS PROVISIONS

Power of entry of Marsh Body

40A Body, through its Executive Committee, agents and workers, and the members of the Commission and its agents and workers may at any time enter on the lands of a person, within or abutting the Area, for the purpose of carrying out the objects of this Act.

R.S.1973, c.M-5, s.40

By-laws of Marsh Body

41A Body may make by-laws providing

(a) for the manner of calling meetings of the Body and of the Executive Committee and for the procedure at those meetings;

(b) for the number of persons who shall constitute the Executive Committee;

(c) for the manner in which a corporation may vote;

(d) for an annual membership fee for all members of the body;

(e) the method, manner and procedure for performing works undertaken under section 37;

(f) the method, manner and procedure for recovering the cost of performing works under section 37;

(g) for any other matter required or indicated by this Act or the regulations or for the more effectual carrying out of the objects, powers, duties and aims of the Body or Executive Committee.

R.S.1973, c.M-5, s.41

Commission may disallow by-laws

42(1)Within seven days after a by-law is made by a Body, a copy of the by-law shall be forwarded to the Commission.

42(2)The Commission may disallow any by-laws made by a Body.

R.S.1973, c.M-5, s.42

Default in agreement

43(1)If at any time a Body makes default in an agreement with the Province for the construction, reconstruction, reconditioning, repairing, maintaining or operating of any works and it is made to appear to the Lieutenant-Governor in Council that serious permanent damage or injury may result from that to a marshland, the Lieutenant-Governor in Council may by order published in The Royal Gazette suspend the powers and duties of the Body or the Executive Committee, or both, at which time the powers and duties of the Body or the Executive Committee, or both, as the case may be, shall be and become suspended and shall become vested in and shall be exercised by the Commission or its nominee or nominees.

43(2)The Lieutenant-Governor in Council may at any time by order published in The Royal Gazette revoke an order made under subsection (1), and on publication of the order the powers and duties vested in the Commission by subsection (1) shall revert to and shall be exercised by the Body and the Executive Committee of the Body.

R.S.1973, c.M-5, s.44

Offences and penalties

44(1)A person who violates or fails to comply with a provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.

44(2)A person who violates or fails to comply with section 5 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

R.S.1973, c.M-5, s.45; 1990, c.61, s.76

Regulations

45On the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations

(a) prescribing accounting and bookkeeping methods and systems to be adopted and used by Marsh Bodies;

(b) requiring Marsh Bodies to make reports and returns to the Commission;

(c) prescribing additional or other functions, duties or powers of the Commission;

(d) providing for the discontinuance and winding-up of commissioners of sewers, marsh districts and other bodies established for the reclamation or protection of marshland;

(e) in respect of any other matter that may be considered necessary or expedient for the effectual carrying out of the provisions of this Act.

R.S.1973, c.M-5, s.43

N.B. This Act was proclaimed and came into force September 1, 2011.

N.B. This Act is consolidated to February 1, 2014.

2011, c.189 - Marshland Reclamation Act

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