Acts and Regulations

2006-87 - Madawaska Forest Products Marketing Board

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Document at 23 February 2021
NEW BRUNSWICK
REGULATION 2006-87
under the
Natural Products Act
Filed December 21, 2006
Under sections 19 and 28 of the Natural Products Act, the Commission makes the following regulation:
Citation
1This Regulation may be cited as the Madawaska 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 Madawaska 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(2) 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)
2014-15
Organization of Board
3(1)The Board shall consist of 7 members.
3(2)One member shall be elected to the Board from each of the following districts:
(a) District 1, bounded on the south and west by the Saint John River. On the north by the New Brunswick-Quebec interprovincial boundary. On the east by the Lac Baker/Saint-François parish line and comprised of the parishes of Saint-François and Clair (New Brunswick Grant Reference Plan No. 31 and 32);
(b) District 2, comprised of the parishes of Lac Baker and Baker Brook (New Brunswick Grant Reference Plan No. 32);
(c) District 3, comprised of the parishes of Saint-Jacques, Saint-Hilaire and that part of the parish of Madawaska, located at the city of Edmundston, west of the Madawaska River (New Brunswick Grant Reference Plan No. 32, 20 and 33);
(d) District 4, comprised of the parishes of Saint-Jacques and Madawaska, located along the Restigouche/Madawaska county line; the parishes of Saint-Joseph, Saint-Basil and that part of the parish of Madawaska, located at the city of Edmundston, east of the Madawaska River;
(e) District 5, comprised of the parishes of Rivière-Verte and Sainte-Anne (New Brunswick Grant Reference Plan No. 9, 10, 20, 21, 22, 33, 34, 35 and 44);
(f) District 6, comprised of the parishes of Notre-Dame-de-Lourdes and Saint-Léonard (New Brunswick Grant Reference Plan No. 44, 45 and 54); and
(g) District 7, comprised of the parishes of Drummond and Saint-André (New Brunswick Grant Reference Plan No. 45, 46 and 54).
Term of office and qualifications of members
4(1)A member assumes office at the meeting of the Board that follows the annual meeting of delegates and remains in office for a 3-year term.
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 district of the regulated area.
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 shall elect the delegates on the basis of one delegate for each 25 producers or fraction thereof in the 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.
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 between the first day of April and the first day of June each year, 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)At the annual meeting of delegates, the delegates of each district elect the members for that district, if the term of office of a member for the district is expiring.
6(6)Any producer in the regulated area may attend the annual meeting of delegates but only delegates shall be eligible to vote.
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 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.
Powers of Board
7The following powers are vested in the Board:
(a) to regulate the quantity and quality, grade or class of a regulated product that may be marketed at any time and to prohibit, in whole or in part, the marketing of any grade, quality or class of a regulated product except through the Board;
(b) 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;
(c) 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
(d) 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 Madawaska Forest Products Marketing Board immediately before the commencement of this Regulation shall continue as the chair and vice-chair of the Madawaska 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 15, 2006.
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
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)Four members constitute a quorum at any meeting of the Board, including a telephone conference call.
3(4)During the absence of the chair of the Board, or the chair’s inability or refusal to act, or if the office of chair is vacant, the duties of the chair may be performed and his or her powers may be exercised by the vice-chair of the Board.
3(5)Notwithstanding any irregularity in the election or qualification of any member of the Board, every act of the Board shall be valid as if the Board were duly constituted and every member of the Board duly elected and qualified.
Special meetings
4(1)A special meeting of the Board may at any time be called by the chair of the Board or by 3 members.
4(2)If a special meeting is called under this section, the Board shall notify the members of the date, time and place fixed for the special meeting by telephone, mail, facsimile or electronic mail at least 7 days before the meeting is to be held.
Resignation of a member
5(1)A member may resign from office by filing his or her resignation in writing with the secretary of the Board.
5(2)Where 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
6The Board may, for cause, suspend a member from office for a period not exceeding 6 months, or reprimand a member.
Absence at meetings
7(1)The Board may remove any member from office for failure to attend 3 consecutive Board meetings without reasonable excuse.
7(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.
7(3)A person nominated under subsection (2) shall hold office until the following annual meeting of delegates.
Removal from office
8(1)The Board may recommend that a member be removed from office for cause or for any incapacity.
8(2)Where the Board recommends that a member is removed from office under this section, the Board shall call a special district meeting of producers.
8(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.
8(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.
8(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.
8(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.
8(7)Where 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 to fill the vacancy.
8(8)The term of office of a person elected under subsection (7) shall end at the next annual meeting of delegates.
8(9)When 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.
8(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
9(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.
9(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 or such other person as may be designated by the Board from time to time by resolution.
Fiscal year
10The fiscal year of the Board shall end on January 31 in each year.
Audits
11(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
11(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.
11(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
12(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.
12(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
13Members of the Board may be paid a reasonable daily allowance, together with necessary travel expenses, when attending meetings or discharging other duties assigned by the Board.
General
14(1)Minutes of all meetings, including telephone conferences, shall be recorded and confirmed at the next meeting of the Board.
14(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.