Acts and Regulations

2005-146 - Southern New Brunswick Forest Products Marketing Board

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Document at 23 February 2021
NEW BRUNSWICK
REGULATION 2005-146
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 Southern 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)
“Board” means the Southern New Brunswick Forest Products Marketing Board. (Office)
“district” means a district referred to in subsection 3(2) or (3). (district)
“executive committee” Repealed: 2019-5
“member” means a member of the Board. (membre)
“owner” means a person who owns a private woodlot of 10 hectares or more within 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(6) 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)
“zone” Repealed: 2019-5
2014-13; 2019-5
Organization of Board
3(1)The Board shall consist of 16 members.
3(2)Two members shall be elected from each of the following districts: 
(a) District 1: the parishes of Westfield, Greenwich, Petersville, Musquash and The City of Saint John;
(b) District 2: the parishes of Kingston, Hampton, Upham, Saint Martins, Rothesay and Simonds;
(c) District 3: the parishes of Johnston, Wickham, Norton, Springfield, Hampstead and Kars;
(d) District 4: the parishes of Canning, Waterborough, Cambridge, Chipman and Gagetown; and
(e) District 7: the parishes of Harvey, Hillsborough, Hopewell and Alma.
3(3)Three members shall be elected from each of the following districts: 
(a) District 5: the parishes of Havelock, Coverdale, Elgin, Salisbury and Brunswick; and
(b) District 6: the parishes of Cardwell, Studholm, Sussex, Hammond and Waterford.
2009-4; 2019-5
Term of office and qualifications of members
4(1)The term of office of a member is three years and commences at the meeting of the Board that follows the annual general meeting of owners.
4(2)A vacancy on the Board does not impair the capacity of the Board to act.
4(3)A person shall not hold office as a member unless that person
(a) resides in the regulated area, and
(b) is an owner in the district which he or she is to represent.
2019-5
Annual district meeting
2019-5
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 in the month of February or March, at a date fixed by the Board.
5(3)Notice of the meeting indicating the date, time and place fixed for the meeting shall
(a) be published at least once every week for two consecutive weeks in a newspaper having general circulation in the regulated area,
(b) be broadcast at least three times every week for two consecutive weeks by means of radio or television having general transmission in the regulated area, or
(c) be transmitted by electronic means at least two weeks before the meeting.
5(4)At the annual district meeting of owners, the owners in each district shall elect a member for that district, if the term of office of the member for that district is expiring at the meeting of the Board that follows the annual meeting of owners.
5(5)The members from each district shall be elected by a majority vote of owners from within their 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 the person resides shall, before the annual district meeting of owners, inform the Board of the district in which the person intends to vote.
2008-17; 2019-5
Annual general meeting of owners
2019-5
6(1)The Board shall call an annual general meeting of owners.
6(2)The annual general meeting of owners shall be held in the month April, May or June, at a date fixed by the Board at least one month before the holding of the meeting.
6(3)Notice of the meeting indicating the date, time and place fixed for the meeting shall
(a) be published at least once every week for two consecutive weeks in a newspaper having general circulation in the regulated area,
(b) be broadcast at least three times every week for two consecutive weeks by means of radio or television having general transmission in the regulated area, or
(c) be transmitted by electronic means at least two weeks before the meeting.
6(4)A report of activities and the financial statements of the Board shall be presented at the annual general meeting of owners.
6(5)Repealed: 2009-4
6(6)The chair of the Board shall preside at the annual general meeting of owners or, in his or her absence, the vice-chair of the Board, or in the absence of both, a member elected by a majority of those present at the meeting.
6(7)All matters of decision at the annual general meeting of owners shall be decided by majority vote of owners present, and in the event of a tie, the chair of the meeting shall cast the deciding vote.
2009-4; 2019-5
Special meeting of owners
7(1)A special general meeting of owners or a special district meeting of owners may be called by the Board.
7(2)Notice of the meeting indicating the date, time and place fixed for the meeting shall
(a) be published at least once every week for two consecutive weeks in a newspaper having general circulation in the regulated area,
(b) be broadcast at least three times every week for two consecutive weeks by means of radio or television having general transmission in the regulated area, or
(c) be transmitted by electronic means at least two weeks before the meeting.
2019-5
Advisory committees
8(1)The Board may establish advisory committees to advise and make recommendations to the Board in respect of any matters for which the Board is empowered to make orders under the Act, the regulations or the Plan and without limiting the generality, advisory committees may be established in respect of the following matters:
(a) finance;
(b) forest management;
(c) marketing;
(d) orders and by-laws; and
(e) any other matter that the Board or that the majority of owners at an annual general meeting of owners considers necessary.
8(2)The members of an advisory committee are elected by the owners present at the annual general meeting of owners and their term of office shall be for one year.
8(3)A person shall only be a member of an advisory committee if that person is an owner.
8(4)An advisory committee shall consist of no more than 9 members, the actual number to be decided on in the discretion of the chair at the annual general meeting of owners.
8(5)The members of an advisory committee shall elect a chair of the advisory committee from among themselves.
8(6)A notice of the meeting, agenda, pertinent letters of business and the minutes of the previous meeting shall be prepared and sent to the members of an advisory committee by the chair of the advisory committee prior to each meeting.
8(7)The date of the next meeting of an advisory committee shall be determined at the end of each meeting by the members of the advisory committee.
8(8)The chair of an advisory committee may, if necessary, call meetings before or after the date determined by the members of the advisory committee.
8(9)The minutes of each meeting of an advisory committee shall be taken and forwarded to the secretary of the Board.
8(10)The chair of an advisory committee shall present the recommendations of the advisory committee to the Board.
2019-5
Powers of Board
9The 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
10The government of the Board shall be conducted according to the by-laws set out in Schedule A.
By-laws
11The Board may make by-laws that are not inconsistent with the Act, the regulations or the Plan.
Transitional provision
12The chairman and vice-chairman of the Southern New Brunswick Forest Products Marketing Board immediately before the commencement of this Regulation shall continue as the chair and vice-chair of the Southern 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
13This 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.
Voting and quorum
2(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.
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)Nine members constitute a quorum at any meeting of the Board, including a telephone conference call.
2009-4; 2019-5
Officers of the Board
3(1)Members shall elect the officers of the Board from among themselves at the meeting of the Board following the annual general meeting of owners.
3(2)The officers of the Board shall hold office for a term of one year.
3(3)The officers of the Board shall not hold office for more than six consecutive years.
2010-56; 2019-5
Executive committee
4Repealed:  2019-5
2019-5
Meetings of the executive committee
5Repealed:  2019-5
2019-5
Resignation of a member of the executive committee
6Repealed:  2019-5
2019-5
Reprimand and suspension of a member of the executive committee
7Repealed:  2019-5
2019-5
Absence at meetings of the executive committee
8Repealed:  2019-5
2019-5
Removal from office of a member of the executive committee
9Repealed:  2019-5
2019-5
Meetings of the Board
10(1)Repealed:  2019-5
10(2)The officers of the Board shall send a notice of the meeting, with an agenda, pertinent letters of business and contracts, to all members not less than 7 days before the day of the meeting.
10(3)Meetings of the Board shall be called by the officers of the Board.
10(4)No notice of a meeting of the Board is necessary if all the members are present or if those absent have signified their consent to the meeting being held in their absence.
10(5)Decisions of the Board in the case of urgency may be made by telephone conference whereby all persons participating can hear one another.
10(6)No advance notice of a telephone conference need be given, but the person calling the telephone conference must attempt to contact all members within the Province, including the manager, to enable them to participate in the meeting.
10(7)Participation in a telephone conference constitutes presence in person of each person participating.
2008-17; 2019-5
Resignation of a member
11(1)A member may resign from office by filing his or her resignation in writing with the secretary of the Board.
11(2)If a member resigns, the Board may nominate a person who meets the requirements set out in subsection 4(3) of this Regulation to fill the vacancy.
Reprimand and suspension of a member
12The Board may, for cause, suspend a member from office for a period not exceeding 6 months, or reprimand a member.
Absence at meetings of the Board
13(1)A member may be removed from the Board for failure to attend 3 consecutive meetings of the Board without reasonable excuse.
13(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(3) of this Regulation to fill the vacancy.
13(3)The term of office of a person nominated under subsection (2) shall end at the next annual district meeting of owners.
2019-5
Removal from office of a member
14(1)The Board may recommend that a member be removed from office for cause or for any incapacity.
14(2)If the Board recommends that a member is removed from office under this section, the Board shall call a special district meeting of owners.
14(3)The special district meeting of owners shall be held within 30 days following the date of the recommendation, at a date fixed by the Board.
14(4)Notice of the meeting indicating the date, time and place fixed for the meeting shall
(a) be published at least once every week for two consecutive weeks in a newspaper having general circulation in the regulated area,
(b) be broadcast at least three times every week for two consecutive weeks by means of radio or television having general transmission in the regulated area, or
(c) be transmitted by electronic means at least two weeks before the meeting.
14(5)The Board shall serve the member who is the subject of the Board’s recommendation a written notice indicating the date, time and place fixed for the special district meeting of owners at least 15 days prior to the meeting with a detailed statement of the reasons for the recommendation made by the Board.
14(6)A member may be removed from office at the special district meeting of owners by majority vote of the owners present at the meeting.
14(7)If a member 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(3) of this Regulation.
14(8)The term of office of a person elected under subsection (7) shall end at the next annual general meeting of owners.
14(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, 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 and one other member.
14(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.
2019-5
Banking, bonding and borrowing
15(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.
15(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.
2019-5
Fiscal year
16The fiscal year of the Board shall end on March 31 in each year.
Audits
17(1)The Board shall keep proper books of account which shall be audited for each business year by an auditor, appointed by the owners at the annual general meeting of owners, and approved by the Commission
17(2)A report of the audit, accompanied by a report of the operations of the Board, shall be presented at the annual general meeting of owners and a copy, signed by 2 members, one of whom is the chair of the Board, and forwarded without delay to the Commission.
17(3)Financial audits shall be conducted in conformity with the policy and requirements of the Commission concerning financial audits of boards.
2019-5
Signature on certain documents
18(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 and treasurer of the Board.
18(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 and treasurer of the Board.
Indemnity and expenses
19Members may be paid a reasonable daily allowance, together with necessary travel expenses, when attending meetings or discharging other duties assigned by the Board.
General
20(1)Minutes of all meetings, including telephone conferences, shall be recorded and confirmed at the next meeting of the Board.
20(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.
2008-17; 2009-4; 2010-56; 2019-5
N.B. This Regulation is consolidated to April 3, 2019.