Acts and Regulations

2006-87 - Madawaska Forest Products Marketing Board

Schedule
Disposition versions

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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.
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
1Voting 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.
2In 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.
3Four members constitute a quorum at any meeting of the Board, including a telephone conference call.
4During 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.
5Notwithstanding 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
1A special meeting of the Board may at any time be called by the chair of the Board or by 3 members.
2If 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
1A member may resign from office by filing his or her resignation in writing with the secretary of the Board.
2Where 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
1The Board may remove any member from office for failure to attend 3 consecutive Board meetings without reasonable excuse.
2If 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.
3A person nominated under subsection (2) shall hold office until the following annual meeting of delegates.
Removal from office
1The Board may recommend that a member be removed from office for cause or for any incapacity.
2Where the Board recommends that a member is removed from office under this section, the Board shall call a special district meeting of producers.
3The special district meeting of producers shall be held within 30 days following the date of the recommendation, at a date fixed by the Board.
4Notice 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.
5The 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.
6A member may be removed from office at the special district meeting of producers by majority vote of the producers present at the meeting.
7Where 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.
8The term of office of a person elected under subsection (7) shall end at the next annual meeting of delegates.
9When 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.
10Service 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
1Subject 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.
2Any 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
1The 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
2A 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.
3Financial audits shall be conducted in conformity with the policy and requirements of the Commission concerning financial audits of boards.
Signature on certain documents
1All 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.
2Contracts, 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
1Minutes of all meetings, including telephone conferences, shall be recorded and confirmed at the next meeting of the Board.
2The 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.