Acts and Regulations

2005-146 - Southern New Brunswick 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.
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10(1)Repealed:  2019-5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
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)Nineteen members constitute a quorum at any meeting of the Board, including a telephone conference call.
2009-4
Officers of the Board
3(1)At the meeting of the Board following the annual meeting of owners, the Board, in the following order, shall
(a) elect 2 people from among the members, other than the members elected under subsection 5(7) of this Regulation, to sit on the executive committee,
(b) elect a treasurer of the Board from among the members that are not appointed to the executive committee,
(c) elect a chair and a vice-chair of the Board from among the members of the executive committee, and
(d) appoint a secretary of the Board.
3(2)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(3)If the chair and the vice-chair of the Board are absent from a meeting or where the offices of the chair and vice-chair are vacant, the Board shall elect a chair for the purpose of that meeting from the members present.
3(4)The chair and the vice-chair of the Board shall hold office for a term of one year.
3(5)The chair of the Board shall not hold office for more than 6 consecutive terms.
3(6)The secretary of the Board is not required to be a member.
3(7)The secretary and the treasurer of the Board shall attend the meetings of the executive committee but are not entitled to vote at the meetings.
2010-56
Executive committee
4(1)The executive committee shall consist of members elected in the elections under subsection 5(7) of this Regulation and in paragraph 3(1)(a) of this schedule and shall exercise such powers as may be conferred upon it by the Board.
4(2)A member of the executive committee shall hold office for a term of one year.
4(3)A vacancy on the executive committee does not impair the capacity of the executive committee to act.
4(4)The chair of the Board shall be the chair of the executive committee.
Meetings of the executive committee
5(1)Five members of the executive committee constitute a quorum at any meeting of the executive committee, including a telephone conference meeting.
5(2)All questions at a meeting of the executive committee at which a quorum is present shall be decided by a majority vote of the members of the executive committee present and the chair of the meeting shall not vote except that, in the event of a tie, he or she shall have a casting vote.
5(3)If the chair of the executive committee is absent from a meeting, the members of the executive committee shall elect a chair for the purpose of that meeting from the members of the executive committee present.
5(4)A member of the executive committee shall, where practicable, contact the members in his or her zone prior to a meeting of the executive committee for the purpose of soliciting comments from the members regarding business before the executive committee and matters that the members would like to be dealt with by the executive committee.
5(5)The executive committee shall meet during the first full calendar week of each month and at such additional times during the month as may be required.
5(6)Subject to subsection (5), the executive committee may hold its meetings at such times or places as it may from time to time determine.
5(7)The secretary of the Board shall send a notice of the meeting, with an agenda, pertinent letters of business and contracts, to all members of the executive committee not less than 7 days before the day of the meeting.
5(8)Meetings of the executive committee, other than telephone conference meetings, shall be called by
(a) the chair of the executive committee, or
(b) the secretary of the Board on direction in writing of at least 2 members of the executive committee.
5(9)No notice of a meeting of the executive committee is necessary if
(a) the executive committee establishes a regular day, place and time for meetings, or
(b) all the members of the executive committee are present or if those absent have signified their consent to the meeting being held in their absence.
5(10)Decisions of the executive committee in the case of urgency may be made by telephone conference whereby all persons participating can hear one another.
5(11)No advance notice of a telephone conference need be given, but the person calling the telephone conference must attempt to contact all members of the executive committee within the Province, including the manager, to enable them to participate in the meeting.
5(12)Participation in a telephone conference constitutes presence in person of each person participating.
Resignation of a member of the executive committee
6(1)A member of the executive committee may resign from office by filing his or her resignation in writing with the secretary of the Board.
6(2)If a member of the executive committee resigns, the Board may nominate a member of the Board to fill the vacancy.
Reprimand and suspension of a member of the executive committee
7The Board may, for cause, suspend a member of the executive committee from office for a period not exceeding 6 months, or reprimand a member of the executive committee.
Absence at meetings of the executive committee
8(1)A member of the executive committee may be removed from the executive committee for failure to attend 3 consecutive meetings of the executive committee without reasonable excuse.
8(2)If a member of the executive committee is removed from office under this section, the Board shall nominate a member of the Board to fill the vacancy.
8(3)The term of office of a person a nominated under subsection (2) shall end at the next annual zone meeting.
Removal from office of a member of the executive committee
9(1)The Board may recommend that a member of the executive committee be removed from office for cause or for any incapacity.
9(2)If the Board recommends that a member of the executive committee is removed from office under this section, the Board shall call a special zone meeting of owners.
9(3)The special zone meeting of owners shall be held within 30 days following the date of the recommendation, at a date fixed by the Board.
9(4)Notice of the special zone meeting of owners 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.
9(5)The Board shall, at least 15 days prior to the special zone meeting of owners, serve the member of the executive committee who is the subject of the Board’s recommendation with 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.
9(6)A member of the executive committee may be removed from office at the special zone meeting of owners by majority vote of the owners present at the meeting.
9(7)If a member of the executive committee is removed from office under this section, the owners shall, at the special zone meeting of owners, elect a member of the Board to fill the vacancy.
9(8)The term of office of a person elected under subsection (7) shall end at the next annual zone meeting.
9(9)If a member of the executive committee is removed from office under this section, the Board shall, within 14 days following the date of the special zone meeting of owners, serve him or her 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 member.
9(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 of the executive committee on file with the Board, in which case service is deemed to have taken place 5 days after the notice is mailed.
Meetings of the Board
10(1)Meetings of the Board shall be held at least 3 times per year and no more than 4 months shall elapse between each meeting.
10(2)The secretary 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, other than telephone conference meetings, shall be called by
(a) the chair of the Board,
(b) the secretary of the Board on the direction of the chair of the Board, or
(c) the secretary of the Board on the direction in writing of at least 31 members.
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
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 zone meeting.
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 zone meeting of owners.
14(3)The special zone 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 special zone meeting of owners 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.
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 zone 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 zone 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 zone 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 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 zone 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.
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 2 persons from among the chair, vice-chair and treasurer of the Board and such other person as may be designated by the Board from time to time by resolution.
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 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 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.
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.
2009-4
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)Nineteen members constitute a quorum at any meeting of the Board, including a telephone conference call.
2009-4
Officers of the Board
3(1)At the meeting of the Board following the annual meeting of owners, the Board, in the following order, shall
(a) elect 2 people from among the members, other than the members elected under subsection 5(7) of this Regulation, to sit on the executive committee,
(b) elect a treasurer of the Board from among the members that are not appointed to the executive committee,
(c) elect a chair and a vice-chair of the Board from among the members of the executive committee, and
(d) appoint a secretary of the Board.
3(2)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(3)If the chair and the vice-chair of the Board are absent from a meeting or where the offices of the chair and vice-chair are vacant, the Board shall elect a chair for the purpose of that meeting from the members present.
3(4)The chair and the vice-chair of the Board shall hold office for a term of one year.
3(5)The chair of the Board shall not hold office for more than 2 consecutive terms.
3(6)The secretary of the Board is not required to be a member.
3(7)The secretary and the treasurer of the Board shall attend the meetings of the executive committee but are not entitled to vote at the meetings.
Executive committee
4(1)The executive committee shall consist of members elected in the elections under subsection 5(7) of this Regulation and in paragraph 3(1)(a) of this schedule and shall exercise such powers as may be conferred upon it by the Board.
4(2)A member of the executive committee shall hold office for a term of one year.
4(3)A vacancy on the executive committee does not impair the capacity of the executive committee to act.
4(4)The chair of the Board shall be the chair of the executive committee.
Meetings of the executive committee
5(1)Five members of the executive committee constitute a quorum at any meeting of the executive committee, including a telephone conference meeting.
5(2)All questions at a meeting of the executive committee at which a quorum is present shall be decided by a majority vote of the members of the executive committee present and the chair of the meeting shall not vote except that, in the event of a tie, he or she shall have a casting vote.
5(3)If the chair of the executive committee is absent from a meeting, the members of the executive committee shall elect a chair for the purpose of that meeting from the members of the executive committee present.
5(4)A member of the executive committee shall, where practicable, contact the members in his or her zone prior to a meeting of the executive committee for the purpose of soliciting comments from the members regarding business before the executive committee and matters that the members would like to be dealt with by the executive committee.
5(5)The executive committee shall meet during the first full calendar week of each month and at such additional times during the month as may be required.
5(6)Subject to subsection (5), the executive committee may hold its meetings at such times or places as it may from time to time determine.
5(7)The secretary of the Board shall send a notice of the meeting, with an agenda, pertinent letters of business and contracts, to all members of the executive committee not less than 7 days before the day of the meeting.
5(8)Meetings of the executive committee, other than telephone conference meetings, shall be called by
(a) the chair of the executive committee, or
(b) the secretary of the Board on direction in writing of at least 2 members of the executive committee.
5(9)No notice of a meeting of the executive committee is necessary if
(a) the executive committee establishes a regular day, place and time for meetings, or
(b) all the members of the executive committee are present or if those absent have signified their consent to the meeting being held in their absence.
5(10)Decisions of the executive committee in the case of urgency may be made by telephone conference whereby all persons participating can hear one another.
5(11)No advance notice of a telephone conference need be given, but the person calling the telephone conference must attempt to contact all members of the executive committee within the Province, including the manager, to enable them to participate in the meeting.
5(12)Participation in a telephone conference constitutes presence in person of each person participating.
Resignation of a member of the executive committee
6(1)A member of the executive committee may resign from office by filing his or her resignation in writing with the secretary of the Board.
6(2)If a member of the executive committee resigns, the Board may nominate a member of the Board to fill the vacancy.
Reprimand and suspension of a member of the executive committee
7The Board may, for cause, suspend a member of the executive committee from office for a period not exceeding 6 months, or reprimand a member of the executive committee.
Absence at meetings of the executive committee
8(1)A member of the executive committee may be removed from the executive committee for failure to attend 3 consecutive meetings of the executive committee without reasonable excuse.
8(2)If a member of the executive committee is removed from office under this section, the Board shall nominate a member of the Board to fill the vacancy.
8(3)The term of office of a person a nominated under subsection (2) shall end at the next annual zone meeting.
Removal from office of a member of the executive committee
9(1)The Board may recommend that a member of the executive committee be removed from office for cause or for any incapacity.
9(2)If the Board recommends that a member of the executive committee is removed from office under this section, the Board shall call a special zone meeting of owners.
9(3)The special zone meeting of owners shall be held within 30 days following the date of the recommendation, at a date fixed by the Board.
9(4)Notice of the special zone meeting of owners 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.
9(5)The Board shall, at least 15 days prior to the special zone meeting of owners, serve the member of the executive committee who is the subject of the Board’s recommendation with 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.
9(6)A member of the executive committee may be removed from office at the special zone meeting of owners by majority vote of the owners present at the meeting.
9(7)If a member of the executive committee is removed from office under this section, the owners shall, at the special zone meeting of owners, elect a member of the Board to fill the vacancy.
9(8)The term of office of a person elected under subsection (7) shall end at the next annual zone meeting.
9(9)If a member of the executive committee is removed from office under this section, the Board shall, within 14 days following the date of the special zone meeting of owners, serve him or her 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 member.
9(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 of the executive committee on file with the Board, in which case service is deemed to have taken place 5 days after the notice is mailed.
Meetings of the Board
10(1)Meetings of the Board shall be held at least 3 times per year and no more than 4 months shall elapse between each meeting.
10(2)The secretary 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, other than telephone conference meetings, shall be called by
(a) the chair of the Board,
(b) the secretary of the Board on the direction of the chair of the Board, or
(c) the secretary of the Board on the direction in writing of at least 31 members.
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
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 zone meeting.
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 zone meeting of owners.
14(3)The special zone 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 special zone meeting of owners 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.
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 zone 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 zone 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 zone 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 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 zone 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.
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 2 persons from among the chair, vice-chair and treasurer of the Board and such other person as may be designated by the Board from time to time by resolution.
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 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 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.
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.
2009-4
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)Twenty members constitute a quorum at any meeting of the Board, including a telephone conference call.
Officers of the Board
3(1)At the meeting of the Board following the annual meeting of owners, the Board, in the following order, shall
(a) elect 2 people from among the members, other than the members elected under subsection 5(7) of this Regulation, to sit on the executive committee,
(b) elect a treasurer of the Board from among the members that are not appointed to the executive committee,
(c) elect a chair and a vice-chair of the Board from among the members of the executive committee, and
(d) appoint a secretary of the Board.
3(2)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(3)If the chair and the vice-chair of the Board are absent from a meeting or where the offices of the chair and vice-chair are vacant, the Board shall elect a chair for the purpose of that meeting from the members present.
3(4)The chair and the vice-chair of the Board shall hold office for a term of one year.
3(5)The chair of the Board shall not hold office for more than 2 consecutive terms.
3(6)The secretary of the Board is not required to be a member.
3(7)The secretary and the treasurer of the Board shall attend the meetings of the executive committee but are not entitled to vote at the meetings.
Executive committee
4(1)The executive committee shall consist of members elected in the elections under subsection 5(7) of this Regulation and in paragraph 3(1)(a) of this schedule and shall exercise such powers as may be conferred upon it by the Board.
4(2)A member of the executive committee shall hold office for a term of one year.
4(3)A vacancy on the executive committee does not impair the capacity of the executive committee to act.
4(4)The chair of the Board shall be the chair of the executive committee.
Meetings of the executive committee
5(1)Five members of the executive committee constitute a quorum at any meeting of the executive committee, including a telephone conference meeting.
5(2)All questions at a meeting of the executive committee at which a quorum is present shall be decided by a majority vote of the members of the executive committee present and the chair of the meeting shall not vote except that, in the event of a tie, he or she shall have a casting vote.
5(3)If the chair of the executive committee is absent from a meeting, the members of the executive committee shall elect a chair for the purpose of that meeting from the members of the executive committee present.
5(4)A member of the executive committee shall, where practicable, contact the members in his or her zone prior to a meeting of the executive committee for the purpose of soliciting comments from the members regarding business before the executive committee and matters that the members would like to be dealt with by the executive committee.
5(5)The executive committee shall meet during the first full calendar week of each month and at such additional times during the month as may be required.
5(6)Subject to subsection (5), the executive committee may hold its meetings at such times or places as it may from time to time determine.
5(7)The secretary of the Board shall send a notice of the meeting, with an agenda, pertinent letters of business and contracts, to all members of the executive committee not less than 7 days before the day of the meeting.
5(8)Meetings of the executive committee, other than telephone conference meetings, shall be called by
(a) the chair of the executive committee, or
(b) the secretary of the Board on direction in writing of at least 2 members of the executive committee.
5(9)No notice of a meeting of the executive committee is necessary if
(a) the executive committee establishes a regular day, place and time for meetings, or
(b) all the members of the executive committee are present or if those absent have signified their consent to the meeting being held in their absence.
5(10)Decisions of the executive committee in the case of urgency may be made by telephone conference whereby all persons participating can hear one another.
5(11)No advance notice of a telephone conference need be given, but the person calling the telephone conference must attempt to contact all members of the executive committee within the Province, including the manager, to enable them to participate in the meeting.
5(12)Participation in a telephone conference constitutes presence in person of each person participating.
Resignation of a member of the executive committee
6(1)A member of the executive committee may resign from office by filing his or her resignation in writing with the secretary of the Board.
6(2)If a member of the executive committee resigns, the Board may nominate a member of the Board to fill the vacancy.
Reprimand and suspension of a member of the executive committee
7The Board may, for cause, suspend a member of the executive committee from office for a period not exceeding 6 months, or reprimand a member of the executive committee.
Absence at meetings of the executive committee
8(1)A member of the executive committee may be removed from the executive committee for failure to attend 3 consecutive meetings of the executive committee without reasonable excuse.
8(2)If a member of the executive committee is removed from office under this section, the Board shall nominate a member of the Board to fill the vacancy.
8(3)The term of office of a person a nominated under subsection (2) shall end at the next annual zone meeting.
Removal from office of a member of the executive committee
9(1)The Board may recommend that a member of the executive committee be removed from office for cause or for any incapacity.
9(2)If the Board recommends that a member of the executive committee is removed from office under this section, the Board shall call a special zone meeting of owners.
9(3)The special zone meeting of owners shall be held within 30 days following the date of the recommendation, at a date fixed by the Board.
9(4)Notice of the special zone meeting of owners 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.
9(5)The Board shall, at least 15 days prior to the special zone meeting of owners, serve the member of the executive committee who is the subject of the Board’s recommendation with 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.
9(6)A member of the executive committee may be removed from office at the special zone meeting of owners by majority vote of the owners present at the meeting.
9(7)If a member of the executive committee is removed from office under this section, the owners shall, at the special zone meeting of owners, elect a member of the Board to fill the vacancy.
9(8)The term of office of a person elected under subsection (7) shall end at the next annual zone meeting.
9(9)If a member of the executive committee is removed from office under this section, the Board shall, within 14 days following the date of the special zone meeting of owners, serve him or her 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 member.
9(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 of the executive committee on file with the Board, in which case service is deemed to have taken place 5 days after the notice is mailed.
Meetings of the Board
10(1)Meetings of the Board shall be held at least 3 times per year and no more than 4 months shall elapse between each meeting.
10(2)The secretary 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, other than telephone conference meetings, shall be called by
(a) the chair of the Board,
(b) the secretary of the Board on the direction of the chair of the Board, or
(c) the secretary of the Board on the direction in writing of at least 31 members.
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
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 zone meeting.
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 zone meeting of owners.
14(3)The special zone 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 special zone meeting of owners 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.
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 zone 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 zone 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 zone 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 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 zone 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.
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 2 persons from among the chair, vice-chair and treasurer of the Board and such other person as may be designated by the Board from time to time by resolution.
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 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 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.
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.