Acts and Regulations

2005-144 - Northumberland County Forest Products Marketing Board

Full text
Document at 23 February 2021
NEW BRUNSWICK
REGULATION 2005-144
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 Northumberland County 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 Northumberland County 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 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(4) 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)
2014-12
Organization of Board
3(1)The Board shall consist of 13 members.
3(2)One member shall be elected from each of the following districts:
(a) District 1, bounded on the north and east by Miramichi Bay and the Gulf of St. Lawrence on New Brunswick Grant Reference Plan No. 62. On the south by the Northumberland-Kent county line on New Brunswick Grant Reference Plan No. 71, and as follows (New Brunswick Grant Reference Plan No 62): Beginning at a point where the north boundary line of Lot 4, originally granted to Lewis Jemmo, intersects the Gulf of St. Lawrence, approximately 4 kilometres south of Pointe Escuminac. Then starting westerly following and extending the boundaries of said lot, crossing the Escuminac River to and in common with the north boundary of Lot 5, originally granted to Jas Doucet, to where said line intersects the Escuminac River. Then southerly following the said river to where it is intersected by the northeast line of Lot 21 originally granted to M. Bransfield. Then starting westerly, following and extending the boundaries of said lot, in common with the westerly boundaries of vacant Crown Lot 31 and granted Lot 34, originally granted to T.H. Fleigher, to where the southwest boundary of said lot intersects the Northumberland-Kent county line, Crown block 18, Range 2. On the west as follows (New Brunswick Grant Reference Plan No. 62): Beginning at a point where the northwest corner of Lot C, originally granted to L. Dennis, and the northeast corner of a Crown land lot, intersect the south shore line of Miramichi Bay at Gregan. Then southerly, following the boundary of said Crown land, until it intersects the southwest corner of Lot 16S, originally granted to Alex Mills. Then southerly, following a straight line, crossing Crown land and traversing the north and west boundaries of vacant Crown lots 278 and 277 to intersect the Northumberland-Kent county line at the Glenelg-Hardwicke parish line, located between Hell’s Gate Plain and Grand Mocauque Rond in Crown block 15, Range 6, New Brunswick Grant Reference Plan No. 71;
(b) District 2, bounded on the east by District 1. On the southwest and north as follows (New Brunswick Grant Reference Plan No. 71): Beginning at a point where the Glenelg-Hardwicke parish line intersects the Northumberland-Kent county line, located between Hell’s Gate Plain and Grand Mocauque Rond in Crown block 15, Range 6. Then westerly, following a straight line, crossing Crown land, to intersect the southwest corner of vacant Crown lot 4, Bay du Vin Mills. Then northwesterly, following and extending the west boundary line of said lot, crossing Bay du Vin River, to the northeast corner of vacant Crown lot 39, Bay du Vin Mills. Then westerly, following a straight line crossing Crown land, to intersect the southern corner of vacant Crown lot 9, on Little Black River, New Brunswick Grant Reference Plan No. 70. Then northwesterly, following the west boundary of said lot to where it intersects the Little Black River. Then northerly, following said river, to the South Black River Road extension. Then northerly along said road, to where it is intersected by the south boundary line of vacant Crown lot 3. Then starting westerly, following and extending the boundaries of said lot, to where it intersects the southeast corner of Lot 2, originally granted to Mary Anderson. Then following, in a northerly direction, the west boundary of said lot until it meets the McKenzie Settlement Road. Then westerly, along said road, until it is intersected by the northeast boundary line of a vacant Crown lot on the west side of said road, in McKenzie Settlement. Then westerly following and extending the boundaries of the said lot in common with Lot 163, originally granted to H. Smith, to where the southwest boundary of Lot 163 intersects the McKenzie Road. Then southerly along said road until it is intersected by the north baseline of the Redmondville Settlement lots. Then northwesterly following said baseline to where it is intersected by the western boundary of vacant Crown lot 68, Redmondville. Then southerly along said baseline to intersect N.B. Highway 11. Then northwesterly, along said highway, to meet the northwest corner of Lot 9, originally granted to Roy D. Creamer. Then southwesterly, along the west boundary of said lot, to its southwest corner in common with the south baseline of the Redmondville Settlement lots. Then westerly, following and extending said baseline, in common with the east and south baseline of the Black River Settlement lots, including vacant Crown lot 39, to where it intersects the west corner of Black River in Black River Settlement. Then westerly, following a straight line, crossing Crown land to intersect the south corner of vacant Crown lot 68. Then starting westerly, following and extending the boundaries of said lot in common with the west boundary lines of vacant Crown lots 53 and 67, to intersect and follow northerly the MacDonald Road to where it is intersected by the southeast corner of Lot 58, originally granted to John Galloway. Then continuing northerly along said road, to intersect and cross N.B. Highway 11 and continue along the west boundary of a lot, originally granted to Alexander McNaughton, to intersect the south boundary of a lot, originally granted to Don McNaughton at Black River on New Brunswick Grant Reference Plan No. 70. Then following and extending, in a northerly direction, the west boundary of said lot, in common with the west and northwestern baseline of lots fronting on the Black River, Big Black River and Bay du Vin and at times in common with the south baseline of lots fronting on the Napan River, Napan Bay and Miramichi Inner Bay, crossing the Russell Road, to intersect the west shore line of Bay du Vin at the north corner of Lot A, originally granted to D. Campbell on New Brunswick Grant Reference Plan No. 61;
(c) District 3, bounded on the north by the Miramichi River and Miramichi Bay, New Brunswick Grant Reference Plan No. 61. On the east by District 2. On the south and west as follows (New Brunswick Grant Reference Plan No. 71): Beginning at a point where the Hardwicke-Glenelg parish line intersects the Northumberland-Kent county line, located between Hell’s Gate Plain and Grand Mocauque Rond in Crown block 15, Range 6. Then southwesterly along said county line to intersect the east boundary of Lots 16 and 14, originally granted to Samuel Rigley. Then following the boundaries of said lots starting in a northerly direction, until it intersects the said county line along N.B. Highway 11. Then continuing, in a southwesterly direction, along said county line to where it is intersected by the Rogersville-Glenelg parish line, New Brunswick Grant Reference Plan No. 79. Then following the Rogersville parish line, at times in common with the Bay du Vin River, New Brunswick Grant Reference Plan No. 70, excluding on the north side of said river Lot 60, originally granted to Robert Dickins, and continuing along said parish line to where it intersects the east sideline of vacant Crown lot 22, Range 12, Block 12 and in common with the eastern baseline of lots fronting on the Weldfield Collette Road, New Brunswick Grant Reference Plan No. 70. Then northerly, following said baseline to where it is intersected by the north boundary line of vacant Crown lot 15. Then westerly, following and extending said line, crossing the Weldfield Collette Road, to the northwest corner of vacant Crown lot 36, in common with the west sideline of lots fronting on said road. Then northwesterly following a straight line, crossing Crown land, to the southwest corner of reconveyed Crown lot 10 on Lake Brook, by Macs Lake (Black Rock Lake). Then northerly to the northwest corner of said lot. Then continuing northerly, following a straight line, crossing Crown land to intersect the western corner of vacant Crown lot 87. Continuing northerly, following a straight line, crossing Crown land, to the southeast corner of reconveyed Crown lot F in Weldfield Settlement. Then northerly, following the east boundary of said lot to intersect the south boundary of reconveyed Crown land lot 37, in common with the northwest corner of Lot D, originally granted to J. Leary, at Weldfield Settlement. Then following and extending, in a northerly direction, the east boundaries of reconveyed Crown land lots 37 and M and a Crown land Block, to where it meets the southeast corner of Lot B, originally granted to R. Trevors. Then northerly, along the east boundary of said lot, until it is intersected by the northwest corner of Lot 3, originally granted to C. Kelly. Then easterly, following and extending the north boundary of said lot, in common with the south boundary of Miramichi and the north boundary of the George Kerr lot (original grantee), to intersect the east sideline of the John Stewart lot (original grantee). Then northerly along said lot line to intersect the Napan River. Then easterly, following said river to where it is intersected by the eastern sideline of Lot 16, originally granted to Alexander Fidler, New Brunswick Grant Reference Plan No. 61. Then northerly following said sideline until it intersects the southern boundary of Lot 31, originally granted to Robert England. Then starting easterly and following the eastern boundary of said lot to the Miramichi River, New Brunswick Grant Reference Plan No. 61;
(d) District 4, bounded on the north by the Southwest Miramichi River, New Brunswick Grant Reference Plan No. 69. On the east by District 3, New Brunswick Grant Reference Plan No. 70. On the south by the Northumberland county line and on the west as follows (New Brunswick Grant Reference Plan No. 70): Beginning at a point where the west boundary of District 3 intersects the northwest corner of vacant Crown lot 36, Range 12, Block 13 and an unnamed tributary of the Barnaby River. Then westerly following said tributary and said river, to where it intersects the east boundary of Lot 55, originally granted to John Dunn, and Crown land. Then starting northerly, then southerly, following the Crown land and vacant Crown land boundaries, in common with the boundaries of granted Lots 64, 63, A, B and the northwest baseline of lots in Murray Settlement to where it intersects the Rogersville-Nelson parish line, along the west boundary of vacant Crown lot 19 in Murray Settlement on New Brunswick Grant Reference Plan No.79. Then continuing southwesterly along said parish line, to the north-northwest corner of Rogersville parish in Crown block 108, New Brunswick Grant Reference Plan No. 78. Then following a straight line, in a northerly direction, crossing Crown land, to intersect the southeast corner of a lot originally granted to James Clark. Then northwesterly along the east boundary of said lot and extending along the east boundary of Lot 1, also granted to James Clark, to the Southwest Miramichi River, at Upper Nelson on New Brunswick Grant Reference Plan No. 69;
(e) District 5, bounded on the east by District 4 and the Blackville-Rogersville parish line on New Brunswick Grant Reference Plan No. 78. On the southeast by the Northumberland county line. On the west and north as follows: On the west (New Brunswick Grant Reference Plan No. 96): Beginning at a point where the Northumberland county line is intersected by N.B. Highway 123, also known as Grand Lake Road, just south of a McKean Brook tributary in Crown block 59. Then, following a straight line in a northerly direction, crossing Crown land and the Gaspereau and Cains rivers, to intersect the most southerly corner of Lot 9, originally granted to Jacob Mersereau and Crown land on New Brunswick Grant Reference Plan No. 86. Then northerly, following the Crown land boundary (Crown block 53), in common with the east boundary of Lot 8, originally granted to Walter A. Arbo, crossing the Southwest Miramichi River, to intersect the southwest corner of Lot 5, originally granted to Alexander Donnally, at Upper Blackville Bridge. Then continuing northerly following and extending the west boundary of said lot, crossing N.B. Highway 8, to the northeast corner of vacant Crown lot 112. Then, following a straight line in a northwesterly direction, crossing Crown land, to intersect the northeast corner of vacant Crown lot 128. Then continuing northwesterly, in a straight line, to the northeast corner of Lot 18, originally granted to John E. Colford, in Weaver Settlement. Then following a straight line in a northeasterly direction, crossing Crown land, to intersect the Bartholomew River at Ledbetters Brook. Then northerly, following a straight line, crossing Crown land and the Renous River and N.B. Highway 108 on New Brunswick Grant Reference Plan No. 77, to intersect the Blissfield-Southesk parish line at Orchard Brook, Crown Block 311 on New Brunswick Grant Reference Plan No. 76. On the north: Beginning at a point where the Blissfield-Southesk parish line is intersected by Orchard Brook. Then easterly, following the Southesk parish line, crossing the north boundary of the Plaster Rock-Renous game management area, to intersect N.B. Highway 420 and then the western side line of Lot 9, originally granted to Daniel Whitney Beckwith at Dennis on New Brunswick Grant Reference Plan No. 68. Then southerly along said line to the southwest corner of said lot. Then easterly, following a straight line, crossing Crown land, to intersect the southwest corner of Lot O, originally granted to Stanley Matchett at Quarryville on New Brunswick Grant Reference Plan No. 69. Then easterly, following and extending the south boundary of said lot, crossing N.B. Highway 415 (to Warwick Settlement), in common with the south boundary of granted Lot 2 and the Southesk-Derby parish line and the new N.B. Highway 8 right-of-way, to where the said parish line is intersected by the northeast corner of a tract of land originally known as Lot 5, the Elm Tree Tract, granted to William Davidson and the southeast portion of Crown land Block 286. Then starting southerly and following the boundary of said block, at times in common with the baseline of Lots 31 to 35 fronting on the Southwest Miramichi River, to meet the northeast corner of Lot 31, originally granted to William Davidson, in common with the northwest corner of reconveyed Crown lot 30. Then southerly, following the eastern boundary of said lot 31, crossing N.B. Highway 108, then in common with the western boundary of said reconveyed Crown lot 30 leased to the Derby Parish Rec. Council, to the Southwest Miramichi River. Then easterly crossing said river to the northeast corner of Lot 1, also known as the northwest corner of District 4 at Upper Nelson on New Brunswick Grant Reference Plan No. 69;
(f) District 6, bounded on the North by the Southesk-Ludlow parish line on New Brunswick Grant Reference Plan No. 76. On the east by District 5 on New Brunswick Grant Reference Plan No. 77, 86 and 96. On the south by the Northumberland county line on New Brunswick Grant Reference Plan No. 96. On the west as follows (New Brunswick Grant Reference Plan No. 95): Beginning at a point where the East Branch Lower Otter Brook intersects the Northumberland county line. Then northerly, following a straight line, crossing Crown land, to intersect the southwest corner of Lot 12, originally granted to John M. Reid, at Betts Mill Brook Settlement (Bettsburg). Then following and extending in a northerly direction the west boundary of said lot, to intersect the northwest corner of Lot 8, originally granted to W.D. O’Donnell. Then easterly, following the north boundary of said lot, to the Bettsburg Road. Then northerly along said road, to where it is intersected by the southwest corner of Lot 7, originally granted to Tennyson Harris. Then starting easterly, following and extending the south boundary of said lot, also in common with and known as the northern baseline of the Bettsburg lots, to the northwest corner of Lot 67, originally granted to Wilbert Long, and Crown land. Then northeasterly, following a straight line, crossing Crown land, to intersect the southeast corner of Lot 9, originally granted to F.J. Palmer, and Crown land. Then northerly, along the boundary of said lot, until it is intersected by the southeast corner of Lot 60, originally granted to James Barkley, New Brunswick Grant Reference Plan No. 85. Then northerly, along the east boundary of said lot, crossing N.B. Highway 8, at the east boundary of the Upper Miramichi Direct Charge Co-op lot and continuing, crossing the Carrolls Crossing Road, to the Southwest Miramichi River, at Carrolls Crossing. Then easterly along said river to where the western boundary of Lot 55, originally granted to James Sutter Sr, intersects the north shoreline. Then following and extending the west boundary line of said lot to the northwest corner of Lot 55A. Then following a straight line in a northwest direction, crossing Crown land, passing through Mitchell Lake, to intersect the Southesk-Ludlow parish line and the South Branch Renous River, New Brunswick Grant Reference Plan No. 76;
(g) District 7, bounded on the west by the Northumberland county line. On the north by the Southesk-Ludlow parish line, New Brunswick Grant Reference Plan No. 75. On the south by the Northumberland county line. On the east by District 6 and as follows (New Brunswick Grant Reference Plan No. 75): Beginning at a point where Bamford Brook intersects the Southesk-Ludlow parish line in Crown block 231. Then following a straight line in a southerly direction, crossing Crown land, to intersect the northwest corner of Lot 171, originally granted to Bessie Price in Priceville on New Brunswick Grant Reference Plan No. 85. Then starting southerly, following the boundaries of said lot, until it is intersected by the west boundary line of Lot 66, originally granted to Charles Duff. Then southerly following and extending, the west boundary of said lot, crossing the Priceville Road and the Southwest Miramichi River, to meet the northeast corner of Lot 74, originally granted to James Stewart, and vacant Crown land lot 73, on the south shore line of said river. Then easterly along said shore line, until it intersects the east boundary of said Crown land lot. Then southerly crossing the McNamee Road and following and extending the said Crown land boundary, crossing N.B. Highway 8 approximately 1.61 kilometres east of McNamee Road intersection, in common with the east boundary of vacant Crown lot K and continuing along the Crown land boundary to where it intersects the northwest corner of Lots originally granted to W. D. O’Donnell New Brunswick Grant Reference Plan No. 95;
(h) District 8, bounded on the north by the Southesk-Ludlow parish line, New Brunswick Grant Reference Plan No. 76. On the east and south by District 6. On the west by District 7;
(i) District 9, bounded on the west by the Northumberland-York county line. On the north and south as follows: On the north (New Brunswick Grant Reference Plan No. 69): Beginning at a point where the most eastern boundary of Lot 13, originally granted to Matthew Oxford, intersects the Northwest Miramichi River at Derby. Then westerly following said river, partly in common with the Southesk parish line, and then following the Little Southwest Miramichi River until said river is intersected by the east boundary of Lot 17, originally granted to the Red Bank Indian Reserve No. 7. Then starting north easterly and following the boundaries of said reserve, to where its north boundary intersects the Southesk-Northesk parish line. Then westerly along said line to where it intersects the Northumberland-Victoria county line in the Alexander Gibson tract (original grantee) approximately 0.4 of a kilometre south of the Mamozekel River and said county line intersection, New Brunswick Grant Reference Plan No. 47. On the south by Districts 7, 8, 6, 5 and as follows (New Brunswick Grant Reference Plan No. 69): Beginning at a point where the most eastern boundary of Lot 13, originally granted to Matthew Oxford, intersects the south shoreline of the Northwest Miramichi River, at Derby. Then following said boundary line in a south and southwest direction until it meets the Southesk-Derby parish line. Then southwesterly, following the said parish line, at times in common with the south boundary of granted Lot 12, the west boundary of Lot F, originally granted to Jared Betts, the Williamstown Road, the north baseline of lots fronting on the Southwest Miramichi River at Millerton and Derby, the new N.B. Highway 8 right-of-way, to the northwest corner of Lot 42, granted to Wm. A. Bryenton. Then northwesterly following a straight line, to intersect the northeast corner of Lot 43 and then follow its northern boundary and the northern boundary of Lot 6, originally granted to C.A. Vanderbeck and M. Craig respectively, on Crocker Lake, to the northwest corner of said Lot 6. Then southwesterly following a straight line, to the northeast corner of the Elm Tree Tract originally granted to William Davidson also in common with the north boundary of District 5 on New Brunswick Grant Reference Plan No. 69, Upper Derby;
(j) District 10, bounded on the south by District 9. On the northwest by the Northumberland-York county line. On the northeast as follows (New Brunswick Grant Reference Plan No. 69): Beginning at a point where the east boundary of Eel Ground Indian Reserve No. 2 intersects the north shore line of the Northwest Miramichi River, Northwest Bridge. Then in a northerly direction, following and extending the said boundary, to intersect Northwest Mill Stream, New Brunswick Grant Reference Plan No. 60. Then westerly following said stream, to where it is intersected by the east boundary line of Lot 6, originally granted to E. Clarke. Then northerly to the northeast corner of said lot. Then starting westerly, and following the boundaries of said lot to where it intersects the aforesaid stream. Then westerly along said stream to where it is intersected by the north boundary line of Lot B, originally granted to Geo McKay. Then starting westerly, following the boundaries of said lot to where it is intersected by the south boundary line of vacant Crown lot 95, Vanderbeck Settlement. Then westerly, following and extending the boundary of said lot, to the southwest corner of vacant Crown lot 9. Then northerly following and extending the west boundary of said lot, to the south boundary line of Lot 15, originally granted to Eric Sobey, Curtis Settlement and in common with the north boundary of vacant Crown lot 13. Then westerly following the north boundary line of said lot, crossing and following northerly N.B. Highway 435, to the north line of vacant Crown lot 12. Then westerly along said line to the northwest corner of said lot, in common with the southwest corner of Lot 14, originally granted to James Gunn, and the eastern boundary of a Crown land block. Then northerly, following and extending the east boundary of said Crown land in common with the west boundaries of vacant Crown lot 22, Curtis Settlement and reconveyed Crown lot 21, Block 1, The Sugary, to where it intersects the south boundary of Big Hole Tract Indian Reserve at Maple Glen (The Sugary). Then starting easterly and following the boundaries of said Big Hole Tract, to where it intersects the Northwest Miramichi River, in common with the south boundary line of vacant Crown lot 6, opposite Oldfields Island and the mouth of the Sevogle River, at Curventon. Then northerly, following the said Sevogle River, to where it is intersected by the northern boundary of Lot 50, originally granted to Robert Forsythe. Then northwesterly, following a straight line, crossing Crown land, until it intersects the Northumberland-Restigouche county line at Caribou Brook in Mount Carleton Provincial Park, New Brunswick Grant Reference Plan No. 37;
(k) District 11, bounded on the north by the Northumberland-Gloucester county line. On the east and the southwest as follows (New Brunswick Grant Reference Plan No. 51): Beginning at a point where the North Branch Bartibog River intersects the Northumberland-Gloucester county line in Crown block 16, Range 21. Then following a straight line in a southerly direction, crossing Crown land, to intersect the boundary limits of Miramichi at the northeast corner of Lot 4, originally granted to William Urguhart on New Brunswick Grant Reference Plan No. 60. Then southwesterly, following and extending the north boundary of said lot, in common with the south boundaries of Lot 31, originally granted to Arthur Malley and Lot 32E, 1st tract, originally granted to R. Hutchinson and the said boundary limits, to the east side line of Lot 4, originally granted to James Balfour Lowe. Then following eastern boundary of said lot, to its southeast corner. Then westerly, following and extending the southern boundary of Lot 4, in common with the north baseline of lots fronting on the Miramichi River, to meet and follow the Beaver Brook Road, to intersect Newcastle Boulevard at Cross Roads. Then northerly, following said boulevard to N.B. Highway 430 and continuing on highway until it is intersected on the east side by the north boundary of Lot 70, originally granted to Louis J. Miller. Then following and extending in an easterly and northerly direction, the north boundary of said lot, at times in common with the southeast and northeast baseline of lots fronting on N.B. Highway 430, to the north corner of Lot S, originally granted to Edward Hickey. Then following a straight line, in a northwesterly direction, crossing Crown land, to intersect the southwest corner of Lot 53, originally granted to Stanislas Morais, Beaver Brook Settlement West. Then following a straight line, in a northerly direction, crossing Crown land, to intersect the northeast corner of the F. Street lot (original grantee) on Northwest Mill Stream. Then northerly following a straight line, crossing Crown land, to intersect and traverse easterly the northeast corner of Lot 3rd Tract, originally granted to J. Flynn. Then continuing northerly, following a straight line, to intersect Northumberland-Gloucester county line at Portage River, Crown block 11, Range 22, New Brunswick Grant Reference Plan No. 51;
(l) District 12, bounded on the north by the Northumberland-Gloucester county line, New Brunswick Grant Reference Plan No. 51. On the east by the Newcastle-Alnwich parish line, also in common with the Bartibog River. On the south by the Miramichi River, New Brunswick Grant Reference Plan No. 61. On the west by District 11 and as follows (New Brunswick Grant Reference Plan No. 60): Beginning at a point where the west sideline of Lot 12, originally granted to Peter Campbell, intersects the shoreline of Miramichi River at Miramichi (Nordin). Then northerly, following the said sideline, crossing the original location of N.B. Highway 8, now N.B. Highway 108 and crossing French Fort Brook, to where it meets the south boundary of District 11 at the northwest corner of said lot;
(m) District 13, bounded on the west by Districts 5, 9, and 10, New Brunswick Grant Reference Plan No. 69. On the north by the Northumberland-Gloucester county line. On the east by the Northumberland county line and Districts 11 and 12, New Brunswick Grant Reference Plan No. 60. On the south by the Miramichi River (District 4), New Brunswick Grant Reference Plan No. 69.
Term of office and qualifications of members
4(1)The term of office for 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 each of the following district or districts of the regulated area:
(a) District 1, District 2 and District 3;
(b) District 4 and District 13;
(c) District 5;
(d) District 6, District 7 and District 8;
(e) District 9 and District 10;
(f) District 11; and
(g) District 12.
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 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.
2008-18; 2009-3
Voting at an annual district meeting of producers
2008-18
5.1A producer shall not vote in an annual district meeting of producers unless the producer
(a) in the case of a producer who has legally enforceable cutting rights by virtue of contract
(i) files a copy of the contract with the Board at least 30 days preceding the date set for the annual district meeting of producers, and
(ii) completes and signs, before voting at the annual district meeting of producers, a statement affirming that the producer is qualified to vote at the meeting; or
(b) in the case of any other producer, completes and signs, before voting at the annual district meeting of producers, a statement affirming that the producer is qualified to vote at the meeting.
2008-18
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)Delegates shall elect the officers of the Board at the annual meeting of delegates.
6(6)Any producer may attend the annual meeting of delegates but only delegates may vote at the meeting.
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 elected by a majority of 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.
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 Northumberland County Forest Products Marketing Board immediately before the commencement of this Regulation shall continue as the chair and vice-chair of the Northumberland County 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 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.
Voting and quorum
2(1)Decisions of the Board shall be made by a show of hands unless a poll or a ballot vote is demanded, except in the case of urgency where voting of decisions may be made by telephone conference call whereby all persons participating can hear each other.
2(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.
2(3)For all meetings of the Board, including telephone conferences, a quorum of the Board shall be 7 members.
2008-18
Resignation of a member
3(1)A member may resign from office by filing his or her resignation in writing with the secretary of the Board.
3(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
4The Board may, for cause, suspend a member from office for a period not exceeding 6 months, or reprimand a member.
Absence at meetings
5(1)The Board may remove any member from office for failure to attend 3 consecutive Board meetings without reasonable excuse.
5(2)If a member is removed from office under this section, the Board shall nominate a person who meets the requirements set out in subsection 4(2) of this Regulation to fill the vacancy.
5(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
6(1)The Board may recommend that a member be removed from office for cause or for any incapacity.
6(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.
6(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.
6(4)Notice of the special district meeting of producers 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.
6(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.
6(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.
6(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 resides in the district in question.
6(8)The term of office of a person elected under subsection (7) shall end at the next annual district meeting of producers.
6(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.
6(10)Service 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 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
7(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.
7(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
8(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
8(2)A 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.
8(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
9(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.
9(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
10Members may be paid a reasonable daily allowance, together with necessary travel expenses, when attending meetings or discharging other duties assigned by the Board.
General
11(1)Minutes of all meetings, including telephone conferences, shall be recorded and confirmed at the next meeting of the Board.
11(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.