Acts and Regulations

2019-6 - Natural Products Act

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NEW BRUNSWICK
REGULATION 2019-6
under the
Natural Products Act
Filed April 16, 2019
1Section 3 of New Brunswick Regulation 2006-62 under the Natural Products Act is repealed and the following is substituted:
3The Agency shall consist of the following nine members:
(a) four members elected to represent District A, consisting of the portion of the regulated area that is north of latitude 47° N;
(b) four members elected to represent District B, consisting of the portion of the regulated area that is south of latitude 47° N; and
(c) one member elected at large.
2Section 4 of the Regulation is repealed and the following is substituted:
4A member shall hold office for a term of up to four years and shall assume office at the first meeting of the Agency following the member’s election.
3Section 5 of the Regulation is amended
(a) in subsection (1) by striking out “vote or be elected as a member at an annual district meeting” and substituting “vote or be elected as a member in an election or vote at an annual district meeting”;
(b) in subsection (5) by striking out “vote at an annual district meeting” and substituting “vote in an election or at an annual district meeting”.
4The heading “Qualifications of members” preceding section 6 of the Regulation is repealed and the following is substituted:
Eligibility requirements – elections and membership
5Section 6 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
6(1)Subject to subsections (2) and (3), unless a person is an individual and is an eligible producer in the district, a person shall not
(a) sign nomination papers for a prospective candidate in an election for a member,
(b) vote in an election, or
(c) hold office as a member.
(b) in subsection (2) in the portion preceding paragraph (a) by striking out “may hold office as a member representing a district” and substituting “may sign nomination papers for a prospective candidate, vote in an election and hold office as a member”;
(c) in subsection (3) in the portion preceding paragraph (a) by striking out “may hold office as a member representing a district” and substituting “may sign nomination papers for a prospective candidate, vote in an election and hold office as a member”.
6The Regulation is amended by adding after section 6 the following:
Election of members
6.1(1)An election of a member shall be held on the date fixed by the Agency.
6.1(2)The Agency shall send an announcement of the date of the election
(a) for a district or districts, as the case may be, to each eligible producer in the district or districts, and
(b) for a member at large, to each eligible producer in the regulated area.
6.1(3)An announcement under subsection (2) shall be sent at least 60 days before the date of the election.
6.1(4)The announcement shall contain the list prepared under section 9, and, if applicable, the names of the designated representatives who are eligible for election as the member representing the district or as a member at large, or both, as the case may be.
6.1(5)A candidate for election as a member shall file nomination papers with the Agency at its head office at least 30 days before the date of the election.
6.1(6)A person who is an eligible producer in both districts may be a candidate in only one district in each election and shall declare in the nomination papers the district in which the person intends to be a candidate.
6.1(7)Nomination papers shall be signed by the candidate and three other persons who are eligible to sign.
6.1(8)At least 15 days before the date of the election, the Agency shall mail a ballot form with directions for its proper completion to each eligible producer in the district or districts, as the case may be, in which the election is to be held, together with the list of nominated candidates.
6.1(9)Completed ballots, postmarked no later than the date of the election, shall be mailed to the Commission.
6.1(10)The winner of the election shall be the candidate with the largest number of properly completed ballots in the candidate’s favour.
6.1(11)The Commission shall count the ballots and forward the result of the election to the Agency which shall notify the producers of the district or districts, as the case may be.
Voting in election
6.2(1)Only eligible producers whose names appear on the list prepared under section 9 are entitled to vote in an election.
6.2(2)A person who is an eligible producer in both districts may vote in only one district each year and shall inform the Agency of the district in which the person intends to vote before an election.
6.2(3)An individual voting in an election is entitled to vote only once in the election.
6.2(4)If there is a dispute as to a person’s or individual’s entitlement to vote, the Commission shall settle the dispute.
7Subsection 7(1) of the Regulation is amended
(a) in paragraph (b) of the English version by adding “and” at the end of the paragraph;
(b) by repealing paragraph (c).
8Subsection 9(1) of the Regulation is amended by striking out “, before the date fixed for an annual district meeting,”.
9Section 10 of the Regulation is amended
(a) by repealing subsection (4);
(b) by repealing subsection (5);
(c) by repealing subsection (6);
(d) by repealing subsection (7);
(e) by repealing subsection (8).
10Members of the Agency who held office immediately before the commencement of this section cease to hold office as of the first meeting of the Agency following the first election held under section 6.1 of this Regulation.
11This Regulation comes into force on May 1, 2019.