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1In 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 pursuant to 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 upon the sea coast or upon the bank of a tidal river and being below the level of the highest tide;(marais)

“marshland tract” or “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) ou (bande)

“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.(ouvrage)

R.S., c.141, s.1; 1967, c.38, s.2; 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

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

R.S., c.141, 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., c.141, s.3; 1966, c.77, s.1

Agreements of Minister respecting works

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

R.S., c.141, s.4

Power of Commission to recommend works

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

R.S., c.141, s.5

MARSHLAND RECLAMATION
COMMISSION

Marshland Reclamation 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 he may from time to time determine.

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

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., c.141, s.6

Marshland Reclamation Commission

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

R.S., c.141, s.7

Marshland Reclamation Commission

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

R.S., c.141, s.8

Marshland Reclamation 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 thereupon to the Minister, and

(c) perform such further or other duties as may be assigned to it by this Act or the regulations.

R.S., c.141, s.9

Marshland Reclamation Commission

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

R.S., c.141, s.10

MARSH BODIES

Marsh Bodies

11(1)The Minister, upon receipt of a petition of owners of marshland in an area of the Province praying that the owners of marshland within the area be incorporated as a Marsh Body, and if he 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 the marshland within the area,

may, subject to section 12, 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 forth in the certificate, whereupon the owners of marshland within the Area described in the certificate shall be and become a body corporate under the name set forth in the certificate.

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

11(3)The Petition provided for in subsections (1) and (2) shall set forth

(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 from time to time is an owner of marshland in the Area shall, while he is such an owner, be a member of the Marsh Body.

R.S., c.141, s.11; 1954, c.59, s.1, 2

Marsh Bodies

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

12(2)Save 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 such 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., c.141, s.12

Marsh Bodies

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

R.S., c.141, 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., c.141, s.14; 1966, c.77, s.2

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 so as to restrict the generality of the foregoing, authority to appoint such officers, overseers, servants and employees as the Executive Committee deems necessary, and to fix their remunerations.

R.S., c.141, s.15

Qualifications of member of Executive Committee

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

R.S., c.141, 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., c.141, s.17

Officers

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

R.S., c.141, 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 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 thereafter.

R.S., c.141, s.19

Chairman and secretary of Executive Committee

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

R.S., c.141, s.20

Officers of Marsh Body

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

R.S., c.141, 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 portion of the term, if any, unexpired.

R.S., c.141, s.22

Quorum of Executive Committee

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

R.S., c.141, 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 chairman and secretary or by such other members of the Executive Committee as the Executive Committee may authorize.

R.S., c.141, s.24

Annual report of Executive Committee

25The Executive Committee shall at each annual meeting of the Body 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 such administration.

R.S., c.141, s.25

Temporary loans by Executive Committee

26The Executive Committee may, subject to the approval of the Commission, in the name of the Body effect temporary loans 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., c.141, s.26

MEETINGS OF THE BODY

Organization meetings of Executive Committee

27The provisional Executive Committee shall call a meeting of the members of the Body, herein called the “organization meeting,” within three months from the date of publication of the Certificate of Incorporation.

R.S., c.141, s.27

Annual meeting of Marsh Body

28(1)There shall be a meeting, herein called the “annual meeting”, of all members of the Body not later than the first day of April in each year at a place and time to be determined by the Executive Committee.

Special general meeting of Marsh Body

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., c.141, 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 every 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 him under this Act prior to one year before the meeting have been satisfied.

R.S., c.141, 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., c.141, s.30

Auditor of Marsh Body

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

R.S., c.141, s.31

BUDGETS AND SPECIAL RESERVE FUND

Budget of Marsh Body

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

R.S., c.141, s.32; 1966, c.77, s.3

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., c.141, 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., c.141, 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 therefrom without the approval in writing of the Commission.

R.S., c.141, 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 such 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., c.141, s.36; 1966, c.77, s.4

Duty of Executive Committee to undertake works

37Upon 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 praying that a work be undertaken, the Executive Committee may take all necessary steps to perform such work.

1969, c.50, s.1

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.

1969, c.50, s.1; 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 any court of competent jurisdiction.

1969, c.50, s.1

POWER OF ENTRY

Power of entry of Marsh Body

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

R.S., c.141, s.49

BY-LAWS

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 such 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 the Act or regulations or for the more effectual carrying out of the objects, powers, duties and aims of the Body or Executive Committee.

R.S., c.141, s.55; 1966, c.77, s.6; 1969, c.50, s.2

By-laws of Marsh Body

42(1)A copy of every by-law made by a Body shall within seven days of its making be forwarded to the Commission.

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

R.S., c.141, s.56

REGULATIONS

Regulations

43The Lieutenant-Governor in Council, upon the recommendation of the Minister, 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 such other matters as may be deemed necessary or expedient for the effectual carrying out of the provisions of this Act.

R.S., c.141, s.57

DEFAULT IN AGREEMENT

Default in agreement

44(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 therefrom to any marshland, he may by Order published in The Royal Gazette suspend the powers and duties of the Body or the Executive Committee, or both, whereupon 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.

44(2)The Lieutenant-Governor in Council may at any time by order published in The Royal Gazette revoke an order made pursuant to subsection (1) and upon publication of such 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., c.141, s.58; 1960, c.48, s.1, 2

OFFENCES AND PENALTIES

Offences and penalties

45(1)A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

45(2)A person who violates or fails to comply with section 5 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

R.S., c.141, s.59; 1990, c.61, s.76

DISPOSITION OF PENALTIES

Disposition of penalties

46Repealed: 1990, c.61, s.76

R.S., c.141, s.60; O.C.67-164; 1990, c.61, s.76

N.B. This Act is consolidated to September 1, 2011.

M-5 - Marshland Reclamation Act

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