Acts and Regulations

2005-140 - Carleton-Victoria Forest Products Marketing Board

Full text
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.
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.