Acts and Regulations

M-1.2 - Maritime Forestry Complex Corporation Act

Full text
Repealed on 1 March 2013
CHAPTER M-1.2
Maritime Forestry Complex
Corporation Act
1986, c.51, s.1
Assented to July 16, 1980
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2012, Schedule A
Definitions
1In this Act
“corporation” means the Maritime Forestry Complex Corporation established under section 2; and(Sociéte)
“Minister” means the Minister of Natural Resources.(Ministre)
1986, c.8, s.69; 1986, c.51, s.2; 2004, c.20, s.36
Transitional provision
1.1Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made
(a) to Loi sur la Société du complexe sylvicole des Maritimes, it shall be read, unless the context otherwise requires, as a reference to Loi sur la Société du complexe forestier des Maritimes, or
(b) to Société du complexe sylvicole des Maritimes, it shall be read, unless the context otherwise requires, as a reference to Société du complexe forestier des Maritimes.
1986, c.51, s.3
Maritime Forestry Complex Corporation
2(1)There is hereby established a body corporate and politic to be known as the Maritime Forestry Complex Corporation consisting of those persons who from time to time comprise the board of directors.
Capacity to contract
2(2)The corporation may enter into contracts with any person or government.
Corporate seal
2(3)The corporation shall have a corporate seal which it may alter or change at pleasure.
Corporation deemed not Crown agent
2(4)The corporation shall be deemed not to be an agent of Her Majesty in right of the Province of New Brunswick.
1986, c.51, s.4
Head office
3The head office of the corporation is at the City of Fredericton in the Province of New Brunswick.
Application of Companies Act
4(1)The provisions of the Companies Act apply to the corporation so far as they are not inconsistent with the provisions of this Act.
Meetings of board of directors
4(2)Meetings of the board of directors may be held within or without the Province as the board of directors may from time to time determine.
Board of directors
5(1)The affairs of the corporation shall be administered by a board of directors.
5(2)The board of directors shall be composed of
(a) three directors appointed by the Lieutenant-Governor in Council;
(b) three directors appointed by the Minister of the Government of Canada responsible for forestry;
(c) one director appointed by the Governor in Council of Nova Scotia;
(d) one director appointed by the Lieutenant-Governor in Council of Prince Edward Island;
(e) one director appointed by the President of the University of New Brunswick;
(f) one director appointed by the Chief Executive Officer of the Maritime Forest Ranger School.
5(3)The chairman of the board of directors shall be appointed by the Lieutenant-Governor in Council from among the directors appointed under paragraph (2)(a).
5(4)The vice-chairman of the board of directors shall be appointed by the Minister of the Government of Canada responsible for forestry from among the directors appointed under paragraph (2)(b).
5(5)A vacancy on the board of directors does not impair the capacity of the board of directors to act.
5(6)A majority of the directors comprising the board of directors of the corporation from time to time constitutes a quorum.
5(7)The board of directors may make by-laws governing the operations of the corporation.
5(8)Repealed: 1986, c.51, s.5
5(8.1)Any person or body who may appoint a director under subsection (2) may remove, suspend, reappoint or reinstate the director at his or its discretion.
5(9)Except as provided in subsection (10), a director of the corporation is not entitled to remuneration by virtue of his position as director.
5(10)The Lieutenant-Governor in Council may establish a schedule of fees and travel expenses to be paid to directors of the corporation.
1983, c.49, s.1; 1986, c.51, s.5
Employees and general manager
6(1)The corporation may hire persons to be employees in accordance with the staff requirements and mode of employment established in the by-laws of the corporation.
6(2)The corporation may appoint a General Manager, who shall be chief executive officer of the corporation.
Fiscal year
7(1)The fiscal year of the corporation begins on April 1 of each year and ends on March 31 of the subsequent year.
Payment of grants or advances
7(2)With the approval of the Lieutenant-Governor in Council, there may be paid out of the Consolidated Fund such grants or advances to the corporation as the Minister may request.
Annual reports
8(1)The corporation shall submit a report to the Minister each year outlining its activities during the previous fiscal year together with an audited financial statement.
8(2)The Minister shall submit a report on the activities of the corporation to the Legislature each year.
Objects and purposes of corporation
9The objects and purposes of the corporation are to
(a) establish a Maritime Provinces regional forestry complex wherein various governments, governmental agencies, universities, university agencies, educational institutions and private industries may jointly and severally construct, maintain and operate facilities to carry on their work in forestry matters;
(b) acquire real property and personal property for the purpose of constructing, modifying, expanding or reconstructing either in part or in total a regional forestry complex;
(c) operate, maintain, provide services to and service, either in whole or in part, a regional forestry complex;
(d) do all things conducive to the establishment, construction, operation and maintenance of a regional forestry complex;
(e) promote and encourage research and technological development in a regional forestry complex as a part of a Centre of Excellence in forestry matters in Canada; and
(f) co-operate and act in conjunction with other organizations and agencies, public and private, in the implementation of programs designed to give effect to any of the objects of the corporation.
1986, c.51, s.6
Powers of corporation
10The corporation has the power
(a) to buy, sell, either at wholesale or retail, acquire by purchase, lease, exchange or otherwise and to rent, lease, let on hire and generally deal in and with real and personal property of every kind and description;
(b) to purchase, lease or otherwise acquire and hold real and personal property and rights or interests therein and, in particular, lands, buildings, hereditaments, businesses, industrial or institutional concerns and undertakings, mortgages, liens, charges or other encumbrances, contracts, concessions, franchises, annuities, patents, licenses, securities, policies, book debts and privileges and choses in action of all kinds;
(c) to take, hold or otherwise acquire mortgages, hypothecs, liens, charges or other encumbrances to secure payment of the purchase price or of any unpaid balance of the purchase price of the corporation’s property of whatsoever kind or any part thereof sold by the corporation or any money due to the corporation from any purchaser, and to sell or otherwise dispose of or mortgage or otherwise encumber mortgages, hypothecs, liens and charges, subject to section 80 of the Companies Act;
(d) to enter into any arrangements with any government or authority, federal, provincial, municipal, local or otherwise, that may seem conducive to the corporation’s objects or any of them and to obtain from any such government or authority any rights, privileges, franchises or concessions which the corporation may think it desirable to obtain, and to carry out, exercise and comply with any such arrangements, rights, privileges, franchises and concessions;
(e) to receive grants from persons, partnerships, corporations or governments;
(f) to make grants, gifts, bursaries or scholarships to a person in furtherance of the objects of the corporation;
(g) to do all other things incidental to or ancillary to the attainment of the objects and purposes of the corporation;
(h) to apply for legislative changes considered appropriate; and
(i) in fulfilling its objects as expressed herein, to exercise all the powers presently set out in subsection 14(1) of the Companies Act as fully as if such powers were expressly set out herein.
Non-profit organization
11(1)The corporation shall be operated on a non-profit basis.
Distribution of assets upon dissolution
11(2)Upon the dissolution of the corporation, its assets shall be distributed among each of the organizations, agencies and governments that have contributed to the capital cost of the facilities of the corporation in proportion to the amounts contributed by each.
1986, c.51, s.7
Hugh John Flemming Forestry Centre
12The Maritime Provinces regional forestry complex to be established under paragraph 9(a) shall be known as the Hugh John Flemming Forestry Centre.
1986, c.51, s.8
N.B. This Act is consolidated to March 1, 2013.