Acts and Regulations

2005-140 - Carleton-Victoria Forest Products Marketing Board

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Document at 23 February 2021
NEW BRUNSWICK
REGULATION 2005-140
under the
Natural Products Act
Filed December 8, 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 Carleton-Victoria Forest Products Marketing Board Regulation - Natural Products Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Natural Products Act. (Loi)
“Board” means the Carleton-Victoria Forest Products Marketing Board. (Office)
“district” means a district referred to in section 3. (district)
“member” means a member of the Board. (membre)
“owner” means a person who owns or has legally enforceable cutting rights by virtue of ownership, lease or contract on a private woodlot of 10 hectares or more 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 an owner who markets or produces and markets the regulated product. (producteur)
“regulated area” means the regulated area specified for the Board in subsection 6(1) 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)
2014-9
Organization of Board
3(1)The regulated area is composed of the following districts:
(a) District 1, beginning at a point when the Aroostook River intersects the Canada/U.S. international border near Timber in Andover parish, N.B. Grant Reference Plan No.72. Then easterly following said river to where it intersects the Saint John River. Then easterly crossing the Saint John River to where the Denmark/Perth parish line intersects the shoreline of said river. Continuing easterly, following said parish line, to where it is intersected by the western side line of Granted lot 6, originally granted to Charles Lindsay, Range 5, Tilley Settlement. Then southerly then westerly following and extending the southern boundary of said lot until it intersects the southeast corner of lot 6, originally granted to John W. Ears, Range 9, Tilley Settlement. Then, northerly along the eastern side line of said lot to its eastern corner in common with the north east corner of where it intersects the Denmark/Perth parish line. Then continuing easterly along said line to when it intersects the Gordon parish line (Royal Road). Then southerly following the said parish line, excluding Crown lot 129, to where it is intersected by the eastern sideline of Granted lot 26, originally granted to P. Sullivan, Tier 2, Tilley Settlement. Then south westerly, following and extending said line, to the southeast corner of lot 32 A, originally granted to A. Deyone. Then south westerly following the south boundary of said lot to where it is intersected by the north east corner of Granted lot 32, originally granted to J. Eccles. Then, southerly following the east sideline of said lot to where it intersects the North shoreline of the Tobique River. Then crossing said river to where the east sideline of Granted lot 31, originally granted to James Eccles, meet the south shoreline of said river. Then southerly and westerly, following the boundary of said lot, to where it is intersected by the western sideline of Granted lot 30, originally granted to Joseph Robert. Then southerly and westerly, following the boundary of said lot, to where it intersects the eastern sideline of Granted lot 33, 4th Tract, originally granted to President, Directors and Co. of the Central Bank of N.B. Then starting in a southerly direction and following the boundaries of said lot to where its south east corner intersects the western sideline of the Range 2 lots, Birch Ridge Settlement, N.B. Grant Reference Plan No. 73. Then southerly following said sideline to where it is intersected by the south boundary line of Granted lot 40, originally granted to A.E. Hanson. Then easterly along said line to intersect the Perth/Gordon parish line (Royal Road). Then south easterly following the said line to meet the Victoria/Carleton county line, N.B. Grant Reference Plan No. 82. Then westerly following said county line to where it is intersected by the eastern sideline of Vacant Crown lot 28, Range 4, Johnville Settlement. Then northerly and westerly following and extending the boundary of said lot in common with the north boundary of Vacant Crown lot 28, Range 3, to where it intersects the eastern sideline of Granted lot 76, originally granted to Mich Kennan, Range 4, Moose Mountain Settlement. Then starting northerly and following and extending the boundary of said lot to intersect the eastern side line of Granted lot 74, Range 4, originally granted to Jos. O’Neill. Then starting northerly following and extending the boundary of said lot, in common with the northern baseline of Moose Mountain Settlement lots, Range 4, to intersect the Victoria/Carleton county line. Then westerly, following said line, excluding Granted lot G, originally granted to G. E. Acton, to intersect the east shoreline of the Saint John River. Then crossing said river to where the south boundary of Granted lot 45, originally granted to John Venning, meets the western shore of the said river. Then starting westerly, following and extending the boundaries of said lot, to intersect the River de Chute in common with the Victoria/Carleton county line. Then westerly following said river to meet the Canada/U.S. international border, N.B. Grant Reference Plan No. 81;
(b) District 2, bounded on the north and east by the Saint John River. On the south by the Aroostook River. On the west by the Canada/U.S. international border;
(c) District 3, bounded on the north by the Restigouche/Victoria county line. On the east by the Victoria/Northumberland county line. On the west as follows (N.B. Grant Reference Plan No. 36): Beginning at a point where the Drummond/Denmark parish line intersects the Restigouche/Victoria county line, west of Little Cedar Brook. Then starting southerly, following the said parish line until it intersects the Salmon River, New Denmark North Settlement, in common with the north boundary line of granted lot 34, originally granted to G.C. Poitras, N.B. Grant Reference Plan No. 54. Then southerly, following and extending said line until it is intersected by the south boundary line of lot 53, originally granted to Lars P. Perterson. Then south westerly following said line to intersect the north east boundary line of lot 34, originally granted to Hans Frueriand. Then starting south easterly following the boundary of said lot until it intersects the eastern sideline of lot E, originally granted to James Eccles. Then northerly along said line to the Salmon River, in common with the Drummond/Denmark parish line. Then westerly following and extending said parish line, in common with northwest boundary line of lot A, originally granted to Lyman Whitehead to intersect the Saint John River. Then southerly following said river to meet the northern boundary of District 1 (Denmark/Perth parish line). On the South (N.B. Grant Reference Plan No. 66): Beginning at a point where the Lorne/Gordon parish line intersects the Northumberland/Victoria county line north of County Line brook. Then westerly following the said parish line until it intersects the easterly sideline of lot 112, granted to H.G. Fullerton. Then southerly following and extending said line in common with the southern boundary of lot 110, originally granted to G.A. Fullerton, to intersect the Tobique River. Then southerly following said river to where the north boundary of lot 103, originally granted to W.M. Kenan, intersects the west shoreline of said river. Then starting westerly following and extending said lot boundaries in common with the east sideline of lot 101 and lot 99R, originally granted to J.W. Streager to the south west corner of said lot 99R. Then westerly from said corner following the south boundary line of granted lots 46 and 45, to the south west corner of lot 45, originally granted to Jas. N. Burgoyne. Then southerly following and extending the west boundary of said lot 45, in common with the west sidelines of lots 43, 41, 39 and 37 until the sideline of said lot 37, originally granted to Geo. T. Baird, is intersected by the northern baseline of lots in Crombie Settlement. Then westerly following said baseline until it is intersected by the west side line of lot 18, originally granted to A. A. Cunningham. Then starting southerly, then northwesterly following and extending the boundaries of said lot in common with the north boundaries of granted lots 18, 17 and 16 to intersect the east side line of Vacant Crown lot B at the north west corner of said lot 16, originally granted to Mary E. Carr, N.B. Grant Reference Plan No. 63. Then starting southerly following and extending the boundaries of said Vacant Crown lot B in common with the south boundaries of Crown lots A, 15 and 16 to where it is intersected by the west side line of lot 44, originally granted to Fred W. Pirie. Then starting south westerly following the boundaries of said lot to its south west corner on N.B. Highway 108. Then south easterly, crossing said highway and following the west and south boundaries of lot 20, originally granted to Andy Goadine, to the south east corner of said lot in common with a reserved road. Then continuing south east along said road to where it is intersected by the western sideline of lot 358, previously granted to the Agricultural Development Board, Range 3, Blue Bell Tract. Then starting southerly following the boundaries of said lot to its south east corner. Then crossing a reserved road to the north west corner of lot 359, originally granted to the Soldier Settlement Board/S.P. Johnson. Then starting southerly, following the boundaries of said lot to its south east corner on N.B. Highway 380. Then continuing south easterly along said highway to where it is intersected by the east side line of lot 72, originally granted to Ben Hansen. Then following and extending the east side line of said lot to the south west corner of lot 22, originally granted to Soldier Settlement Board. Then south easterly following and extending the south boundary of said lot, in common with the southern base line of lots in Range 7, Blue Bell Tract, to where it is intersected by the Denmark/Gordon parish line (Royal Road), N.B. Grant Reference Plan No. 63. Then southerly following said parish line to meet the northern boundary of District 1, in common with the Denmark/Perth parish line;
(d) District 4, bounded on the north by District 3. On the east and south by the Northumberland/Victoria, Victoria/Carleton county lines. On the west by District 1;
(e) District 5, bounded on the north by the southern boundary of District 1 (N.B. Grant Reference Plan No. 81). On the east by the Carleton/York county line including Vacant Crown lots 4, 3rd Tract, Barker Dam, Nashwaak River on N.B. Grant Reference Plan No. 93 and lots 47, 46, 45, and 44, Silver Lake and North Sisters Brook, excluding Vacant Crown lots 43, 42, 41, and 40 near Mud Lake, Cedar Lake and South Sisters Brook, N.B. Grant Reference Plan No. 92, also excluding Vacant Crown lots 8, 7, 6 and 5, Little Fork Brook Cloverdale Settlement, and continuing south westerly, following said county line to where it intersects the northern boundary line of lot 57, a disposal lot. Then starting westerly following and extending the said boundary line in common with the north and west boundary lines of lot 55, originally granted to Hiram Good to the south east corner of said lot on Otter Brook. Then westerly following said brook until it is intersected by the Carleton/York county line. Then continuing south westerly following said county line to where it is intersected by the Brighton/Northampton parish line and also being the north boundary of District 7, N.B. Grant Reference Plan No.102. Bounded on the south by the Brighton/Northumberland parish line and including all of lot 12, originally granted to Thomas P. Shaw, Newburg Junction, N.B. Grant Reference Plan No.101. On the east by the Saint John River;
(f) District 6, bounded on the east by the Saint John River, on the south by the Wakefield/Woodstock parish line and the Meduxnekeag River. On the west by the Canada/U.S. international border and on the north by the south boundary of District 1;
(g) District 7, bounded on the north by the southern boundaries of District 6 and District 5. On the west by the Canada/U.S. international border and on the east and south as follows (N.B. Grant Reference Plan No.102): Beginning at a point when the Brighton/Northampton parish line intersects the Carleton/York county line. Then southerly following said county line, to where it is intersected by the north boundary line of lot 11th Tract, granted to New Brunswick Railway Co. Then starting easterly and following the boundaries of said tract to where its southern boundary is intersected by the east sideline of reconveyed lot 108, west of South Newburg Settlement, N.B. Grant Reference Plan No. 112. Then starting southerly following and extending the boundaries of said lot in common with a reserved road, to where it is intersected by the east sideline of lot 101, originally granted to Won. S. Shea. Then starting southerly following the boundaries of said lot to where it intersects a reserved road in common with the eastern baseline of lots, Range 2, South Newburg Settlement. Then southerly following said baseline until it is intersected by the north boundary of lot 22, part of an original grant to William D. Shea. Then starting westerly following and extending the boundaries of said lot until it intersects the Carleton/York county line. Continuing southerly following said county line, including all of a lot granted to D. Gibson, lot Z, Bamford Bulmer and the Jos. Wolverton lot crossing the Saint John River at Meductic and continuing to follow the county line in common with the Eel River to where it is intersected by the south boundary line of lot 16, originally granted to George Porter. Then starting westerly, following and extending the boundaries of said lot to where it is intersected by the south boundary line of lot 6, Tier 7, granted to Geo. Bustard Monument Settlement. Then starting westerly, following and extending the boundaries of said lot 6 to where it is intersected by the north boundary of reconveyed lot 13, Tier 8, Monument Settlement. Then westerly following said line to the Canada/U.S. international border, N.B. Grant Reference Plan No. 123.
3(2)The Board shall consist of 12 members elected from the following districts:
District 1
2 members
District 2
1 member
District 3
2 members
District 4
1 member
District 5
2 members
District 6
2 members
District 7
2 members
Term of office and qualifications of members
4(1)The term of office of a member is 3 years and commences at the meeting of the Board that follows the annual meeting of delegates.
4(2)A person shall not hold office as a member unless that person
(a) is a producer 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 a producer in another district.
Annual district meeting of producers
5(1)The Board shall call an annual district meeting of producers in the following district or districts of the regulated area:
(a) District 1 and District 2;
(b) District 3 and District 4;
(c) District 5 and District 6; and
(d) District 7.
5(1.1)An annual district meeting of producers shall be held
(a) if only one district is represented at the meeting, within that district, or
(b) if more than one district is represented at the meeting, within any one of those districts fixed by the Board.
5(2)The annual district meeting of producers 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 producers 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)At the annual district meeting of producers, the producers in each district shall elect
(a) a member for that district, if the term of office of a member for that district is expiring, and
(b) one delegate for each 25 producers, or fraction of 25 producers, in that district.
5(5)A person shall not hold office as a delegate unless that person
(a) is a producer 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 a producer in another district.
5(6)A person who is a producer 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 producers, inform the Board of the district in which he or she intends to vote.
2009-2
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 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 producer may attend the annual meeting of delegates but only delegates may vote at the meeting.
6(6)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 elected by a majority of the delegates present shall preside at the meeting.
6(7)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.
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; and
(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 Carleton-Victoria Forest Products Marketing Board immediately before the commencement of this Regulation shall continue as the chair and vice-chair of the Carleton-Victoria 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 December 9, 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, at the meeting of the Board following the annual meeting of delegates, elect from among themselves the officers of the Board.
Voting and quorum
3(1)Voting 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.
3(2)In 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.
3(3)For all meetings of the Board, including telephone conferences, a quorum of the Board shall be 7 members.
Resignation of a member
4(1)A member may resign from office by filing his or her resignation in writing with the secretary of the Board.
4(2)If a member resigns, the Board may nominate a person who meets the requirements set out in subsection 4(2) of this Regulation to fill the vacancy.
Reprimand and suspension
5The Board may, for cause, suspend a member from office for a period not exceeding 6 months, or reprimand a member.
Absence at meetings
6(1)The Board may remove any member from office for failure to attend 3 consecutive Board meetings without reasonable excuse.
6(2)If a member 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.
6(3)The term of office of a person nominated under subsection (2) shall end at the next annual district meeting of producers.
Removal from office
7(1)The Board may recommend that a member be removed from office for cause or for any incapacity.
7(2)If the Board recommends that a member is removed from office under this section, the Board shall call a special district meeting of producers.
7(3)The special district meeting of producers shall be held within 30 days following the date of the recommendation, at a date fixed by the Board.
7(4)Notice of the special district meeting of producers 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.
7(5)The Board shall, at least 15 days prior to the special district meeting of producers, serve the member 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.
7(6)A member may be removed from office at the special district meeting of producers by majority vote of the producers present at the meeting.
7(7)If a member is removed from office under this section, the producers shall, at the special district meeting of producers, elect a producer who has been elected as a delegate at the last annual district meeting of producers to fill the vacancy.
7(8)The term of office of a person elected under subsection (7) shall end at the next annual district meeting of producers.
7(9)If a member is removed from office under this section, the Board shall, within 14 days following the date of the special district meeting of producers, serve the member 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.
7(10)Service of the notice referred to in 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 on file with the Board, in which case service is deemed to have taken place 5 days after the notice is mailed.
Banking, bonding and borrowing
8(1)Subject 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.
8(2)Any banking business of the Board shall be transacted with a 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.
Audits
9(1)The 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.
9(2)A report of the audit, accompanied by a report of the operations of the Board, shall be presented 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.
9(3)Financial audits shall be conducted in conformity with the policy and requirements of the Commission concerning financial audits of boards.
Signature on certain documents
10(1)All 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.
10(2)Contracts, 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.
Indemnity and expenses
11Members may be paid a reasonable daily allowance, together with necessary travel expenses, when attending meetings or discharging other duties assigned by the Board.
Provision for termination
12By petition, at least 50 percent of the members of the Board may apply to the Commission for dissolution of the Board and the distribution of its assets.
General
13(1)Minutes of all meetings, including telephone conferences, shall be
(a) taken by a person, designated by the Board who shall mail them to each member within 7 days of the date of the meeting, and
(b) recorded and confirmed at the next meeting of the Board.
13(2)The 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.