Acts and Regulations

2005-106 - South East New Brunswick Forest Products Marketing Board

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Document at 23 February 2021
NEW BRUNSWICK
REGULATION 2005-106
under the
Natural Products Act
Filed August 26, 2005
Under sections 19 and 28 of the Natural Products Act, the Commission makes the following regulation:
Citation
1This Regulation may be cited as the South East New Brunswick Forest Products Marketing Board Regulation -Natural Products Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Natural Products Act. (Loi)
“alternate” means an elected representative referred to in section 3. (suppléant)
“Board” means the South East New Brunswick Forest Products Marketing Board. (Office)
“district” means a district referred to in subsection 3(2). (district)
“member” means a member of the Board. (membre)
“owner” means a producer who owns a private woodlot of 10 hectares or more that is located in the regulated area. (propriétaire)
“Plan” means the plan established for the Board under the New Brunswick Forest Products Marketing Plan Regulation - Natural Products Act.(Plan)
“producer” means a person who markets or produces and markets the regulated product. (producteur)
“regulated area” means the regulated area specified for the Board in subsection 6(5) of the New Brunswick Forest Products Marketing Plan Regulation - Natural Products Act.(zone réglementée)
“regulated product” means the regulated product as defined in the New Brunswick Forest Products Marketing Plan Regulation - Natural Products Act.(produit réglementé)
2006-86; 2014-8
Organization of Board
3(1)The Board shall consist of 10 members and 10 alternates.
3(2)One member and one alternate shall be elected to the Board from each of the following districts:
(a) District 1, beginning at a point where the parish line between the parishes of Moncton and Dorchester meets the Petitcodiac River, at Fox Creek, on New Brunswick Grant Reference Plan No. 120. Then, in a northerly direction following the north shoreline of the said river, until it meets a point on the parish line between the parishes of Salisbury and Moncton, on New Brunswick Grant Reference Plan No.119, at Salisbury. Then following the said parish line in a northerly direction, until it intersects the southern boundary line of a lot originally granted to William B. Killam. Then, following the boundary of the said lot in an easterly then northerly direction, until it intersects the southwest corner of Lot 14, originally granted to Charles Brown. Then, following the boundary of the said lot in an easterly and northerly direction, to the northeast corner of the said lot. Then westerly, until the north boundary of the said lot intersects the east boundary of Lot 7, originally granted to Thomas Taylor and Michael Taylor. Then, following the east boundary of the said lot in a northerly direction, until it intersects the north boundary line of Lot 20, originally granted to Thos. Nixon, and in common with the south boundary line of lot numbers 156 to 161, originally granted to Richard Hutchison. Then, east following the said lots boundary until it intersects the western boundary of Lot 86, originally granted to Richard Hutchison and in common with a Crown Reserve road. Then, following and extending the said road in a northerly, easterly, then northerly direction, in common with the western boundary lines of vacant Crown Lots 59, 14, 31 and 40, passing through Monteagle Settlement and Block Three Settlement, until it is intersected by the northwest corner of vacant Crown Lot 40 in Block Three Settlement. Then, following the north boundary of the said lot, until it meets a point on the parish line between the parishes of Salisbury and Moncton. Then northerly along the said parish line, traversing westerly around vacant Crown Lot 20 and 19 in Crown land Block 2 - Range 1, on New Brunswick Grant Reference Plan No.109, crossing Canaan River, until the said parish line meets the southern parish line of Harcourt Parish, in common with a point on the county line between the counties of Kent and Westmorland. Then easterly along the said parish and county line, until it intersects the western boundary line of vacant Crown Lot 77. Then, following the boundary line of the said lot in a southerly direction until it intersects a Crown Reserve road. Then, following and extending the south boundary line of the said road, in an easterly, southerly and then easterly direction and in common with a Crown land line and with the north boundary of Lot 41, originally granted to D. J. Sherwood, crossing the Canadian National Railway right-of-way until it intersects N.B. Highway 126 at Hébert. Then southerly following the said highway, until it intersects the south boundary line of Lots 40W and 42W, originally granted to Mrs. B. Sherwood. Then following and extending the said line, in an easterly direction, until it intersects the southwest corner of vacant Crown Lot 35. Then easterly, following and extending the south boundary line of the said lot, until it intersects the western side line of Lot 23, originally granted to T. A. Boucher, in Dunnville Settlement. Then following and extending the said line in a southerly direction, crossing N.B. Highway 485, until it intersects the southwest corner of Lot U, originally granted to S. Bourque, and a triangular Crown land lot. Then easterly, following the north boundary of the said Crown land lot, until it intersects the north boundary line of Crown land Block A. Then easterly, following the north boundary of the said block, until it intersects the north boundary line of Crown land Block 2. Then easterly, following the north and east boundary line of the said block and in common with the south baseline of Crown land Lots 97 to 93 of South Rhomboid Settlement, until it intersects the south branch of the Bouctouche River. Then following the said river in an easterly direction, until it intersects the eastern sideline of Lot 148, originally granted to M. Gourley and in common with a Crown land block. Then following the said Crown land block line in an easterly direction, in common with the north baseline of lots in New Scotland Settlement and the north boundary lines of granted Lots 9, X, Y and 28E, until the north boundary line of Lot 28E, originally granted to J. I. Geldart, intersects N.B. Highway 490 at Dundas in South Township. Then southerly, following the said highway, until it intersects the Cocagne River. Then easterly following the said river, until it intersects the eastern boundary line of Lot B, originally granted to R. C. Scovil at Leblancville on New Brunswick Grant Reference Plan No.110. Then following and extending the said line in a southerly direction, until it meets N.B. Highway 115 at Leblancville. Then westerly along the said highway, until it intersects the western sideline of Lot 68, originally granted to J. Bristol. Then following and extending the said sideline in a southerly direction, in common with the east boundary of Lot 42, originally granted to E. White, and Lot 37, originally granted to John Nicholson, until it intersects the northern boundary of Lot 70, originally granted to Allen D. Murray in Scotch Settlement. Then, following and extending the said boundary in an easterly direction, to the northeast corner of Lot 80, originally granted to J. McLean. Then southerly, following and extending the east boundary of the said lot and in common with the east baseline of the Scotch Settlement Lots, crossing Shediac River and the Cape Breton Road, to the southern baseline of the Evangeline Settlement Lots, and continuing easterly along the said baseline to intersect the St. Philippe Cross Road at the northeast corner of Lot 151, originally granted to Win. J. M. Hennington at Saint-Philippe. Then following the said road in a southwesterly direction to the Weisner Road. Continuing south on the Weisner Road until it intersects the Bateman Road. Then easterly on the Bateman Road until it intersects the western boundary of Lot 11, originally granted to Nm. J. Gilbert. Then southerly and easterly following the boundary of the said lot until it meets a point on the parish line between the parishes of Moncton and Shediac. Then southerly following the said parish line, at times in common with the Marshall Road and crossing N.B. Highway 134, until it intersects the northern boundary of Lot 126, originally granted to R. Chesley Tait on New Brunswick Grant Reference Plan No.120. Then, following the said lot line in an easterly direction, until it intersects the northwest corner of Lot 96, originally granted to N. M. Walker. Then following and extending the northern boundary of the said lot in an easterly direction and in common with the north, east and south boundary of Lot 97, originally granted to G. E. Atkinson, until it intersects the west boundary of Lot 101, originally granted to Albert J. Smith. Then southerly following the said line, until it intersects the northern boundaries of Lot A, originally granted to Fearman Melanson. Then easterly following the boundaries of the said lot A and extending the eastern boundary of the said lot, in common with the northern and eastern boundary lines of Lot 119, originally granted to Leon White, Lot 66, originally granted to C. Bushway, Lot 62 and Lot 63, originally granted to A. Bourgeois, until it intersects the northern boundary of Lot 3, originally granted to Peter Brian. Then following and extending the said line, in an easterly then southerly direction, in common with the northern boundary line of Lot 2, originally granted to Maximan Burk and the north and east boundary lines of Lot 1, originally granted to Raphael Burk, until it intersects the north boundary line of Lot 1, originally granted to Robert Tait. Then, following and extending the boundary lines of the said lot, in an easterly, southerly, then westerly direction in common with the east and south boundary line of Lot 2, originally granted to J. Cuthburtson, crossing the Calhoun Road and N.B. Highway 2 and following the southern boundary of Lot 3, originally granted to Samuel Hyslop, to its southwest corner and a point on the parish line between the parishes of Moncton and Dorchester. Then following the said parish line, in a westerly direction to the Petitcodiac River at Fox Creek, the place of beginning, on New Brunswick Grant Reference Plan No.120;
(b) District 2, bounded on the west by the Petitcodiac River and on the north partially by District 1. On the north (New Brunswick Grant Reference Plan No.120): beginning at a point where the east boundary line of Lot 2, originally granted to J. Cuthburtson, intersects the Memramcook River at Calhoun. Then easterly following the said river until it meets a point on the parish line between the parishes of Dorchester and Moncton. Then easterly, following the said parish line, until it meets a point on the parish line between the parishes of Dorchester and Sackville. On the east and south: beginning at a point where the parish line between the parishes of Dorchester and Moncton intersects a point on the parish line between the parishes of Dorchester and Sackville. Then southerly, following a point where the parish line between the parishes of Dorchester and Sackville, in common with the east baseline of the Memramcook East Lots, intersects the northern boundary line of the John Chapman Lot (original grantee) south of Memramcook East on New Brunswick Grant Reference Plan No.132. Then northwesterly following the said line, to where it intersects the eastern baseIine of the Middleton, Dorchester and Dorchester Cape Lots. Then southerly, following the said baseline, crossing Woodlawn Road and Cherry Burton Road and N.B. Highway 106, at times in common with a point on the parish line between the parishes of Dorchester and Sackville and the Ralph Styles Road, crossing N.B. Highway 935, to intersect the Petitcodiac River and Shepody Bay at Dorchester Cape;
(c) District 3, bounded on the south partly by District 2 and on the west by District 1. On the northeast by Shediac Bay. On the north and south as follows. On the north (New Brunswick Grant Reference Plan No.110): beginning at a point where the west side line of Lot 68, originally granted to J. Bristol, intersects N.B. Highway 115 at Leblancville. Then northeasterly, following the said highway, until it is intersected by the Line Road and the northeast corner of Lot R, originally granted to V. Landry, at Dufourville. Then following and extending in a straight line from the said road, in a southerly direction, to intersect the northern baseline of the MacDougall Settlement Lots at the southwest corner of Lot P, originally granted to Richard C. Scovil. Then easterly, following and extending the said baseline and in common with the northern baseline of the Shediac River Settlement Lots, until it intersects the west boundary of the Peter Babinot Lot (original grantee). Then southerly, following the boundaries of the said lot, crossing the Shediac River Road, N.B. Highway 11 and 134, to intersect the shoreline of Shediac Bay at Shediac Bridge. On the east: beginning at a point on New Brunswick Grant Reference Plan No.121 where the parish line between the parishes of Shediac and Botsford, in common with the eastern boundary line of Lot 1, originally granted to Thomas Doiron and others, intersects the shoreline of the Northumberland Straight at Cap-Pele. Then southerly, following the east and south boundary line of the said lot, until it intersects the east boundary line of a lot originally granted to Gabriel LeBlanc. Then southerly following the said east boundary line, until it intersects the north boundary line of the most eastern vacant Crown lot at Leblanc. Then starting easterly, following the boundaries of the said lot until it intersects a point on the south boundary of the parish line between the parishes of Shediac and Botsford. Then southerly, along the said parish line, until it intersects the north boundary line of Lot 1, originally granted to Francis Dugay, at Square Lake. Then westerly and southerly following the said lot boundary, until it intersects a point on the parish line between the parishes of Sackville and Shediac. Then westerly, following the said parish line, passing through the Sackville Rights, traversing the south boundary lines of Lot 4, granted to Peter Bellivue and 9 others, and two vacant Crown lots to N.B. Highway 933. Then south on N.B. Highway 933 and traversing the east, south and west boundaries of granted Lots 3, 2 and 1, originally granted to Baptiste Collnier, to meet a point on the parish line between the parishes of Sackville and Shediac. Then continuing westerly following the said parish line, passing through the Sackville Rights, until it intersects the Memramcook River at Calhoun on New Brunswick Grant Reference Plan No.120. Then continuing westerly along the said river until it intersects the west boundary line of District 3 at the southeast corner of Lot 2, originally granted to J. Cuthburtson;
(d) District 4, bounded on the west by District 2 and on the north by District 3 and on the east and south as follows. On the east (New Brunswick Grant Reference Plan No.121): beginning at a point where the parish line between the parishes of Shediac and Sackville, also described as the south boundary of District 3, intersects the west boundary of Lot 1, originally granted to Francis Dugay, at Square Lake. Then southerly, following and extending the boundary line of the said lot, and in common with the western and southern boundary lines of Lot 3, originally granted to Simon Dugay, to a point on the parish line between the parishes of Sackville and Botsford. Then southerly following the said parish line, crossing N.B. Highway 940, to a point on the parish line between the parishes of Sackville and Westmorland. Then westerly following the said parish line, crossing the Gaspereau River, passing through Cumberland Rights, crossing Luciphy Road, to intersect and follow southerly Robinson Brook and Goose Creek, to Jolicure Lake. Then southerly, following the said lake, to intersect the north boundary line of a lot originally granted to Stephen Humphrey. Then westerly, following the said boundary line, to intersect the west boundary line of Lot Third Tract, originally granted to William Botsford. Then starting northerly, following and extending the boundary lines of the said lot, in common with the south boundary line of Lot B, originally granted to Thomas Anderson and the north and west boundary lines of Lot 8, originally granted to Andrew Kinnear, to a point on the parish line between the parishes of Sackville and Westmorland. Then southerly, following the said parish line, in common with the Aulac River, until the said river intersects Cumberland Basin on New Brunswick Grant Reference Plan No.144. On the south by Cumberland Basin and Shepody Bay;
(e) District 5, on the west by District 3 and 4 (New Brunswick Grant Reference Plan No. 121, 133). On the north and east by the Northumberland Straight. On the south by Baie Verte and the Province of Nova Scotia (New Brunswick Grant Reference Plan No.122);
(f) District 6, on the northwest, north and northeast by the Northumberland County Forest Products Marketing Board on New Brunswick Grant Reference Plan No. 70 and New Brunswick Grant Reference Plan No. 78. On the east, south and southwest as follows: on the east, beginning at a point where the county line between the counties of Northumberland and Kent meets a point on the parish line between the parishes of Acadieville and Carleton, on New Brunswick Grant Reference Plan No. 70, north of Round Lake. Then southerly, following the said parish line, crossing Crown land, until it intersects the north boundary line of vacant Crown Lot 90, Tweedie Brook Settlement (New Brunswick Grant Reference Plan No.79). Then westerly, then southerly, following and extending the west boundary line of the said lot, in common with the west boundary lines of vacant Crown Lots 91, 92, 93 and 94, the north boundary line of the west half of Crown Lot 59, being a lot that was reconveyed to the Crown, originally granted to Jos. L. Babain, the eastern boundary of vacant Crown Lots 61 and 60, the north and east boundaries of vacant Crown Lot 96, to where it intersects the Tweedie Brook Road. Then westerly, following the said road, to a point on the parish line between the parishes of Acadieville and Carleton. Then southerly, following the said parish line until it intersects the western sideline of Lot 14, originally granted to R. Gregan (New Brunswick Grant Reference Plan No. 80). Then starting northerly following and extending the boundaries of the said lot, in common with the north and east boundary lines of Lot 15, originally granted to Mcgwooscook Fish Club, until it intersects the Kouchibouguac River. Then southerly, following the said river, to a point on the parish line between the parishes of Acadieville and Carleton. Then southerly, along the said parish line, until it intersects the northwest corner of Lot 125, originally granted to Hyp J. Richard. Then easterly and following the boundaries of the said lot and extending to the northeast corner of Lot 129, originally granted to Pierre J. P. Richard. Then southerly, following and extending the east boundary line of the said lot, to a point on the parish line between the parishes of Acadieville and Saint-Louis. Then southwesterly, following the said parish line, until it intersects the east sideline of vacant Crown Lot 46, Crown Block 8 - Range 10, Caie Settlement. Then northerly, following and extending the boundary line of the said lot, and in common with the northern baseline of lots in Block 8, Ranges 10 and 11, crossing the Desherbiers Road, to where it intersects the eastern sideline of vacant Crown Lot 36 in Caie Settlement on New Brunswick Grant Reference Plan No. 88. Then, following and extending the said sideline in a southerly and westerly direction and in common with the east boundary line of vacant Crown Lot 3 and the south boundary lines of vacant Crown Lots 26 and 7, to where it intersects the east boundary line of disposal Lot 7, at Noinville. Then southerly, following and extending the said boundary line to the southeast corner of vacant Crown Lot 10. Then westerly along the south boundary of the said lot until it intersects N.B. Highway 126 at Noinville. Then south along the said highway, until it intersects the north boundary line of Lot 65, originally granted to Jaddus Blanchard. Then westerly, following the said boundary, until it meets a point on the parish line between the parishes of Saint-Louis and Huskisson. Then westerly, following the said parish line, traversing the south and west boundary lines of vacant Crown Lot 156 (8th tract) and vacant Crown Lots 151, 150, 149 and 148 to where the west boundary of vacant Crown Lot 133 meets a point on the parish line between the parishes of Acadieville and Huskisson, in Crown Block 161. Then northerly, along the said parish line, to where it intersects the south boundary of Lot 96, originally granted to J. Finagan and the northwest boundary of Crown land Block 404, at Marcelville on New Brunswick Grant Reference Plan No. 78. Then westerly, following the boundary of the said Crown block, in common with the south baseline of the Pleasant Ridge Settlement Lots, until it meets a point on the parish line between the parishes of Rogersville and Huskisson and the counties of Kent and Northumberland, in Crown land Block 159. Then westerly, following the said parish and county line until it meets the eastern boundary of a point on the parish line between the parishes of Blackville and Rogersville and the eastern boundary of the Northumberland County Forest Products Marketing Board (New Brunswick Grant Reference Plan No. 78);
(g) District 7, bounded on the west by District 6 and on the north by the Northumberland County Forest Products Marketing Board. On the east by the Northumberland Straight and Kouchibouguac National Park. On the south as follows (New Brunswick Grant Reference Plan No. 88): beginning at a point where the northern boundary line of Lot 37, originally granted to Thos. Nesbit, intersects N.B. Highway 126, north of Kent Junction. Then easterly, following the said boundary line, to the northeast corner of the said lot. Then easterly, following a straight line, crossing Crown land, to the northeast corner of vacant Crown Lot 49, Range 10, Block 6. Then southerly, following the east sideline of the said lot, to intersect the Canadian National Railway right-of-way. Then easterly, along the said right-of-way, until it intersects the east boundary line of vacant Crown Lot 50. Then southerly, following and extending the boundary line of the said lot, in common with the east boundary line of Lot 27, originally granted to Martin M. Daigle, to intersect the Saint-Joseph Road. Then easterly following the said road, to a point on the parish line between the parishes of Saint-Charles and Weldford. Continuing easterly along the said parish line, crossing the North Molus River, to where it intersects the western sideline of vacant Crown Lot 19, at Kent Lake Settlement, on New Brunswick Grant Reference Plan No. 89. Then southerly, following and extending the said sideline, in common with the east and south boundary lines of an unnumbered vacant Crown lot to where it intersects the west boundary line of Lot 52, originally granted to Stephen E. Smith. Then southerly, following the said boundary line, to the south boundary line of the said lot and Crown land. Then easterly, following the said Crown land line, until it intersects the west corner of Lot 23, originally granted to L. P.W. Des Brisay and the south corner of Crown land Lot 57, at Kent Lake Settlement. Then starting northerly, following the boundaries of Lot 23, in common with Crown land Lot 57 and unnamed Crown land blocks, the east boundary of 2 unnumbered vacant Crown lots and vacant Crown Lot 22, crossing Aldouane Station Cross Road, to intersect the northwest corner of disposal Lot 3, in common with the southwest corner of Lot 123, originally granted to Martin Robichaud. Then starting northerly following the west boundary of Lot 123, to where it meets the north boundary of a point on the parish line between the parishes of Saint-Charles and Richibucto. Then easterly, following the said parish line, traversing the southern boundaries of Lot 77, originally granted to Alex Daigle, at Saint-Charles Station and the south and east boundary lines of Lot 34, originally granted to Adolphe S. Chavarie, to a point on the parish line between the parishes of Saint-Charles and Richibucto. Then continuing easterly along the said parish line, to where it intersects the western boundary line of Lot 3, originally granted to Jean B. Daigle, on New Brunswick Grant Reference Plan No. 80, at Marquant. Then starting southerly, following the boundaries of the said lot, until it intersects the south boundary line of Lot 4, originally granted to S. Hetherington. Then easterly and following the boundaries of the said lot, to where it meets a point on the parish line between the parishes of Saint-Charles and Richibucto. Then easterly, following the said parish line, through Richibucto Harbour to the Northumberland Straight at Richibucto;
(h) District 8, bounded on the west by the Northumberland County Forest Products Marketing Board, on the north partly by Districts 6 and 7, on the south by the Southern New Brunswick Forest Products Marketing Board and the Kent County line and on the north and east as follows (New Brunswick Grant Reference Plan No. 89): beginning at a point where the parish line between the parishes of Saint-Charles and Richibucto meets the east sideline of Lot 122, originally granted to L. H. Blanchard, and a Crown land block at Aldouane. Then starting southerly, then easterly, following the south boundary of the said Crown land, until it intersects the northeast corner of vacant Crown Lot 31, on N.B. Highway 116, at Big Cove. Then easterly, following a straight line, crossing Crown land to intersect the northeast corner of Lot 37, originally granted to John Dixon. Then southerly, following and extending the east boundary of the said lot, to intersect N.B. Highway 116 and the Salmon River Road, at Big Cove. Then easterly along the said road, to where it intersects the north boundary of Big Cove Indian Reserve no.15. Then easterly along the said boundary to the east boundary of the said reserve, in common with a point on the parish line between the parishes of Richibucto and Weldford. Then southerly, following the said parish line in common with the Richibucto River, St. Nicholas River and the east branch of the St. Nicholas River, to where the east branch of the St. Nicholas River intersects the north boundary line of Lot 17, originally granted to John Clark. Then starting easterly and following and extending the boundaries of the said lot, in common with Lot 68, granted to Francis Curran, and Lot 65, originally granted to W. Cochrane, to where it intersects Brown Road. Then westerly along the said road, until it intersects the west boundary line of Lot 64, originally granted to Andrew Hudson. Then southerly, following and extending the said boundary in a straight line, until it intersects the north boundary line of Lot 61, originally granted to Jas Cochrane. Then westerly, following the said line, to where it intersects East Branch Road. Then easterly along the said road, until it intersects the east boundary line of Lot 58, originally granted to Wm. Cochrane. Then southerly, along the said line, until it intersects the north boundary line of Lot 52, originally granted to John Cochrane, at Spring Brook Settlement. Then starting easterly and following and extending the east boundary of the said lot, in common with a point on the parish line between the parishes of Wellington and Sainte-Marie, crossing Arsenault Settlement Road, until the said parish line intersects the southeast corner of Lot G, originally granted to R. McDonald, in common with the northeast corner of Crown land block, Tract A, on New Brunswick Grant Reference Plan No. 99. Then westerly, following the northern boundary of the said Tract A, until it intersects the northeast corner of Lot M, originally granted to John Curran. Then starting southerly, following and extending the boundary of the said lot, in common with the south boundaries of granted Lots 42, 41 and 37, crossing N.B. Highway 495 at Balla Philip, to where it intersects the south branch of the St. Nicholas River. Then south, along the said river, to where it intersects the north boundary line of Lot 78, originally granted to William Doherty. Then starting westerly and following and extending the west boundary of the said lot in a southerly direction, crossing a Crown Reserve road right-of-way, in common with the eastern boundary line of reconveyed Crown Lot 75, at Murphy Settlement, to the southeast corner of the said reconveyed lot. Then westerly, following and extending, in a straight line, the south boundary line of the said lot, crossing Lawson Road, to the northwest corner of Lot 81, originally granted to Maxine Richard. Then southerly, following and extending, in a straight line, the western boundary line of the said lot, crossing de l’Église Road, to where it intersects the south boundary line of Lot 114, originally granted to Terrance Curran, at South Saint-Norbert. Then westerly, following and extending, in a straight line, the said boundary line, in common with the south boundaries of granted Lots E to J and Lot 116E granted to Ed Hassehnan, and to the northeast corner of Lot 108, originally granted to Albert Girvan, at Jailletville. Then westerly, following and extending the north boundary line of the said lot in a straight line to where it intersects the east boundary line of vacant Crown Lot 121, at Clairville. Then northerly, following and extending the said boundary line to the north boundary line of vacant Crown Lot 155, in common with the northern baseline of the Girouard Settlement Lots at Clairville. Then westerly, following the said baseline, crossing at right angles vacant Crown Lot 179 to where it intersects the western boundary line of Lot 182W, originally granted to Frank E. Richard. Then northerly, following and extending the said lot boundary, to the northeast corner of Lot 181W, originally granted to G. Collette. Then westerly, along the northern boundary of the said lot, to intersect N.B. Highway 126, at Coal Branch. Then southerly, following the said highway, to where it intersects the extension of the north boundary line of Lot 41, originally granted to D. J. Sherwood, at Hébert, on New Brunswick Grant Reference Plan No. 109. Then westerly following and extending the line of the said lot to intersect the eastern sideline of vacant Crown Lot 43. Then starting northerly and extending the boundaries of the said lot, in common with the north boundary of vacant Crown Lot 44 and the south boundaries of vacant Crown Lots 75, 76 and 77, to where the west boundary of the said lot 77 meets a point on the parish line between the parishes of Harcourt and Moncton. Then westerly, following the said parish line, to where it meets a point on the parish line between the parishes of Moncton and Salisbury, in common with the boundary of the Southern New Brunswick Forest Products Marketing Board (New Brunswick Grant Reference Plan No. 109);
(i) District 9, bounded on the south by Districts 1 and 3, on the west and north by District 8 and on the east as follows (New Brunswick Grant Reference Plan No.99): beginning at a point where the parish line between the parishes of Wellington and Sainte-Marie meets the southeast corner of Lot G, originally granted to R. McDonald, also in common with the south boundary line of District 8, at Upper Saint-Maurice. Then southerly, following the said parish line, to where it meets the north boundary line of Lot 67, originally granted to Peter Legere, at Saint-Antoine, on New Brunswick Grant Reference Plan No.100. Then easterly, following the north and east boundaries of the said lot, to where it intersects the north boundary of Lot 2, originally granted to John Welling. Then easterly, following and extending the said boundary line, crossing Renauds Mills Road, to the east boundary line of Lot 4, originally granted to Lowther Semmans. Then southerly, following the said line, until it intersects the south boundary of Lot 74SW, originally granted to F. M. LeBlanc. Then easterly, to the most southern corner of the said lot. Then following and extending, in a north and east direction, the east boundary of the said lot, in common with the east boundary of Lot 74WE, the south and east boundary of granted Lot 75, the east and north-east boundary of Lot 77 and the south and east boundaries of granted Lots 5, F, G, and E, to where the east boundary of the said lot E, originally granted to Baptiste Legere, intersects the south boundary line of Lot 3, originally granted to Francis Cormier, at Després-Village. Then easterly following the said line, crossing N.B. Highway 11, to where it intersects the south boundary line of Lot 97, originally granted to G. S. Hunter. Then east, following the said line, until it intersects the west baseline of lots running in from the Northumberland Straight, at Després-Village/Cormierville. Then northerly, along the said baseline, crossing N.B. Highway 134, to where it intersects the Ward Road, at Ward Corner, and the northwest corner of the Joshua Cushing granted lot. Then easterly following and extending the said Ward Road to the Northumberland Straight;
(j) District 10, bounded on the north by District 7, on the east by the Northumberland Straight, on the south by District 9 and on the west by District 8.
2006-86
3(3)An alternate may attend any meeting of the Board but may not vote at the meeting unless he or she is acting in place of the absent member of the same district.
Term of office and qualifications of members and alternates
4(1)The term of office for members and alternates shall commence at the meeting of the Board that follows the annual meeting of delegates and shall expire at the meeting of the Board that follows the annual meeting of delegates of the following year.
4(2)A person shall not hold office as a member or an alternate unless that person
(a) is an owner in the district which he or she is to represent, or
(b) resides in the district which he or she is to represent and is an owner in another district.
Annual district meeting of owners
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 within 10 weeks prior to the annual meeting of delegates, at a date fixed by the Board.
5(3)Notice of the annual district meeting of owners indicating the date, time and place fixed for the meeting shall
(a) be published at least once every week for 2 consecutive weeks in a newspaper published in the Province and having general circulation in the regulated area, or
(b) be broadcast at least 3 times every week for 2 consecutive weeks by means of radio or television having general transmission in the regulated area.
5(4)The owners shall elect a member, an alternate and 5 delegates at the annual district meeting of owners.
5(5)A person shall not hold office as a delegate unless that person
(a) is an owner in the district which he or she is to represent, or
(b) resides in the district which he or she is to represent and is an owner in another 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 he or she resides shall, before the annual district meeting of owners, inform the Board of the district in which he or she intends to vote.
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Annual meeting of delegates
6(1)The Board shall call an annual meeting of delegates.
6(2)The annual meeting of delegates shall be held each year in the month of April, May or June, at a date fixed by the Board.
6(3)Notice of the annual meeting of delegates indicating the date, time and place fixed for the meeting shall
(a) be sent to every delegate at the last known address of the delegate on file with the Board,
(b) be published at least once every week for 2 consecutive weeks in a newspaper published in the Province and having general circulation in the regulated area, or
(c) be broadcast at least 3 times every week for 2 consecutive weeks by means of radio or television having general transmission in the regulated area.
6(4)A report of activities and the financial statements of the Board shall be presented at the annual meeting of delegates.
6(5)Any owner may attend the annual meeting of delegates but only delegates may vote at the meeting.
6(6)Members and alternates are delegates for the purposes of the annual meeting of delegates.
6(7)The chair of the Board or, in his or her absence, the vice-chair of the Board, shall preside at the annual meeting of delegates, but in the event of the absence of both, a member or alternate elected by a majority of the delegates present shall preside at the meeting.
6(8)All matters of decision at the annual meeting of delegates shall be decided by majority vote of delegates present and in the event of a tie, the chair of the meeting shall cast the deciding vote.
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Powers of Board
7The following powers are vested in the Board:
(a) to exempt from any order of the Board any person or class of persons engaged in the marketing or the production and marketing of the regulated product or any class, variety or grade of the regulated product;
(b) to conduct a pool or pools for the distribution of money received from the sale of the regulated product, and, after deducting all expenses, to distribute the remainder of the money so that the payment to each person entitled to share is based on the amount, class, variety and grade of the regulated product delivered by him or her, and to make an initial payment on delivery of the regulated product and subsequent payments until the remainder of the money received from the sale is distributed;
(c) to appoint officers and employees, assign their duties and fix their remuneration.
Government of Board
8The government of the Board shall be conducted according to the by-laws set out in Schedule A.
Advisory committees
9The Board may establish advisory committees to advise and make recommendations to the Board in respect of any matter respecting which the Board is empowered to make orders under the Act, the regulations or the Plan.
By-laws
10The Board may make by-laws that are not inconsistent with the Act, the regulations or the Plan.
Transitional provision
11The chairman and vice-chairman of the South East New Brunswick Forest Products Marketing Board immediately before the commencement of this Regulation shall continue as the chair and vice-chair of the South East New Brunswick Forest Products Marketing Board as if they had been appointed or elected, as the case may be, under the by-laws of the Board, until they are reappointed, re-elected or replaced, as the case may be, under the by-laws.
Commencement
12This Regulation comes into force on September 1, 2005.
SCHEDULE A
BY-LAWS
Head office
1The head office of the Board shall be at a place within the regulated area as may be determined by the Board from time to time.
Election of officers
2Members shall elect the officers of the Board from among themselves at the meeting of the Board following the annual meeting of delegates.
Voting and quorum
1Voting on decisions of the Board shall be made by show of hands unless a poll or ballot is demanded, except in the case of urgency where voting on decisions may be made by telephone conference call whereby all persons participating can hear one another.
2In the event of an equality of votes, the chair of the Board, in addition to his or her original vote, shall cast the deciding vote.
3A quorum shall consist of a total of 6 members or 6 alternates acting in the place of the absent members, or any combination of both, for all meetings of the Board, including telephone conferences.
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Resignation of a member or alternate
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1A member or alternate may resign from office by filing his or her resignation in writing with the secretary of the Board.
2If a member or alternate resigns, the Board may nominate a person who meets the requirements set out in subsection 4(2) of this Regulation to fill the vacancy.
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Reprimand and suspension
4The Board may, for cause, suspend a member or an alternate from office for a period not exceeding 6 months, or reprimand a member or an alternate.
Absence at meetings
1The Board may remove any member or alternate from office for failure to attend 3 consecutive Board meetings without reasonable excuse.
2If a member or alternate is removed from office under this section, the Board shall nominate a producer who resides in the district in question and who has been elected as a delegate at the last annual district meeting of producers to fill the vacancy.
3The term of office of a person nominated under subsection (2) shall end at the next annual district meeting of owners.
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Removal from office
1The Board may recommend that a member or an alternate be removed from office for cause or for any incapacity.
2If the Board recommends that a member or alternate is removed from office under this section, the Board shall call a special district meeting of owners.
3The special district meeting of owners shall be held within 30 days following the date of the recommendation, at a date fixed by the Board.
4Notice of the special district meeting of owners indicating the date, time and place fixed for the special meeting shall
(a) be published at least once every week for 2 consecutive weeks in a newspaper published in the Province and having general circulation in the regulated area, or
(b) be broadcast at least 3 times every week for 2 consecutive weeks by means of radio or television having general transmission in the regulated area.
5The Board shall, at least 15 days prior to the special district meeting of owners, serve the member or alternate who is the subject of the Board’s recommendation a written notice indicating the date, time and place fixed for the meeting with a detailed statement of the reasons for the recommendation made by the Board.
6A member or an alternate may be removed from office at the special district meeting of owners by majority vote of the owners present at the meeting.
7If a member or alternate is removed from office under this section, the owners shall, at the special district meeting of owners, elect a person who meets the requirements set out in subsection 4(2) of this Regulation to fill the vacancy.
8The term of office of a person elected as a member or an alternate under subsection (7) shall end at the next annual district meeting of owners.
9If a member or alternate is removed from office under this section, the Board shall, within 14 days following the date of the special district meeting of owners, serve the member or alternate with a written notice of the decision made at the meeting and a copy of the minutes of the meeting, certified by the secretary of the meeting.
10Service of the notice under subsection (5) or (9) shall be made
(a) in person, to the recipient or to an adult living at the address of the recipient, or
(b) by mailing the notice by prepaid registered mail or prepaid courier to the last known address of the member or alternate on file with the Board, in which case service is deemed to have taken place 5 days after the notice is mailed.
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Banking, bonding and borrowing
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1Subject to section 26 of the Act, the Board shall have the power to borrow money upon the credit of the Board and to hypothecate, mortgage or pledge all or any of the real or personal property of the Board, including book debts to secure any money borrowed or other liability of the Board.
2Any banking business of the Board shall be transacted with such bank, trust company or other firm or corporation carrying on a banking business as the Board may designate, appoint or authorize from time to time by resolution and any such banking business shall be transacted on the Board’s behalf by the treasurer of the Board or such other person as may be designated by the Board from time to time by resolution.
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Audits
1The Board shall keep proper books of account which shall be audited for each business year by an auditor, appointed by the delegates at the annual meeting of delegates, and approved by the Commission.
2A report of the audit, accompanied by a report of the operations of the Board, shall be presented to delegates at the annual meeting of delegates and a copy, signed by 2 members, one of whom is the chair of the Board, and forwarded without delay to the Commission.
3Financial audits shall be conducted in conformity with the policy and requirements of the Commission concerning financial audits of boards.
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Signature on certain documents
1All cheques, drafts, orders for the payment of money and promissory notes, acceptances and bills of exchange shall be signed by 2 employees designated by the Board or by 2 people from among an employee designated by the Board and the chair, vice-chair, secretary and treasurer of the Board.
2Contracts, documents or written instruments, with the exception of commercial documents prepared in the normal course of business, that require the signature of the Board shall be signed by 2 members from among the chair, vice-chair, secretary and treasurer of the Board.
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Indemnity and expenses
10Members and alternates may be paid a reasonable daily allowance, together with necessary travel expenses, when attending meetings or discharging other duties assigned by the Board.
General
1Minutes of all meetings, including telephone conferences, shall be recorded and confirmed at the following meeting of the Board.
2The Board shall forward to the secretary of the Commission a copy of all orders and decisions of the Board and a copy of the minutes of all meetings of the Board.
N.B. This Regulation is consolidated to February 1, 2014.