3(1)The Board shall consist of 11 members.

3(2)One member shall be elected from each of the following districts:

3(3)One member shall be appointed by the Dairy Farmers of New Brunswick.

3(4)Two members shall be elected at large.

3(5)A person shall hold only one office as a member at one time.

4(1)Each elected member shall hold office for a 2-year term and shall assume office at the first meeting of the Board following the election.

4(2)The member appointed by the Dairy Farmers of New Brunswick shall hold office for a 2-year term and shall assume office at the first meeting of the Board following the appointment.

5(1)Where an eligible producer is a corporation, partnership or cooperative and wishes to vote or be elected as a member at an annual district meeting, the eligible producer shall appoint an individual as a designated representative to act on behalf of the eligible producer.

5(2)Only the individual appointed as a designated representative of an eligible producer under subsection (1) shall vote at an annual district meeting or be elected as a member on behalf of the eligible producer.

6(1)Except as otherwise provided in the by-laws of the Board and subject to subsection (2), a person shall not hold office as a member representing a district or as a member at large unless the person

6(2)A designated representative of an eligible producer may hold office as a member for a district if the eligible producer

6(2.1)A designated representative of an eligible producer may hold office as a member at large if the eligible producer

6(3)A designated representative shall hold office as a member only for so long as they remain a designated representative.

6(4)Where an eligible producer notifies the Board that an individual has ceased to be its designated representative, the Board shall declare the member’s position vacant.

7(1)In accordance with this section, the Board shall call an annual district meeting of eligible producers to

7(2)An annual district meeting of eligible producers shall be held on the date fixed by the Board.

7(3)Notice of an annual district meeting setting out the date, time and place fixed for the meeting shall be published in a newspaper published in the Province and having general circulation in the regulated area.

7(4)Notice shall be published under subsection (3) at least 7 days before the date fixed for the annual district meeting.

7(5)The elected member representing a district shall act as chair of an annual district meeting of that district unless the member is unable or unwilling to act, in which case, the eligible producers and designated representatives present at the meeting shall choose one among them to be the chair.

7(6)The Secretary-Manager of the Board shall act as secretary of an annual district meeting, but in the absence of the Secretary-Manager, the chair shall appoint a person to be secretary of the meeting.

8(1)An eligible producer shall notify the Board of any change of his or her recorded address not later than 14 days after the change.

8(2)Where, in the opinion of the Board, a change has occurred in the address of an eligible producer, the Board may change the recorded address.

9(1)The Board shall, before the date fixed for the annual district meeting, prepare a list of eligible producers.

9(2)The list of eligible producers shall be

9(3)The Board may make additions to or deletions from the list of eligible producers where it receives information with respect to the voting eligibility of an eligible producer.

9.1(1)When the term of office of a member at large is expiring, the Board shall call for nominations at least 30 days before the date fixed for the first annual district meeting of the calendar year by sending notice by email or regular mail to every person who, according to the records of the Board, qualifies for election as a member under section 6.

9.1(2)A notice under subsection (1) shall include the following information:

9.1(3)A notice under subsection (1) shall be deemed to have been received by the person 10 days after the date of mailing.

9.1(4)A candidate for election as a member at large shall file nomination papers with the Board at the address provided in the notice at least 10 business days before the date of the first annual district meeting of the calendar year.

9.1(5)Nomination papers referred to in subsection (4) shall include the name of the eligible producer, the farm location and the name of another eligible producer who sponsors the nomination.

9.2(1)Nominations for the position of member representing a district may be made in writing using nomination papers.

9.2(2)Nomination papers for a member representing a district shall include the name of the eligible producer, the farm location and the name of another eligible producer who sponsors the nomination.

9.2(3)Nomination papers for a member representing a district must be received by the Board at least 10 business days before the date fixed for the annual district meeting.

9.2(4)Nominations for a member representing a district may also be made from the floor at an annual district meeting.

10(1)Subject to subsections (2) and (3), only eligible producers whose names appear on the list of eligible producers are entitled to vote at an annual district meeting.

10(2)Where the Board has not prepared the list of eligible producers required by subsection 9(1), a producer who proves to the satisfaction of the chair at an annual district meeting that they are an eligible producer is entitled to vote at the annual district meeting.

10(3)A producer whose name is not on the list of eligible producers and who proves to the satisfaction of the chair at an annual district meeting that they are an eligible producer is entitled to vote at the annual district meeting.

10(4)For the election of a member representing a district, an eligible producer shall vote only in the district in which the eligible producer is resident.

10(4.1)For the election of a member at large, an eligible producer shall vote only if the eligible producer is resident in the regulated area.

10(5)An individual voting in an election is entitled to vote once in relation to each office to be filled in the election.

10(6)Where there is a dispute as to the voting eligibility of an eligible producer or designated representative, the Commission shall settle the dispute.

10(7)The voting for membership on the Board shall be by secret ballot and the counting of the ballots shall be supervised by a scrutineer appointed by the chair of the annual district meeting with the consent of the eligible producers and designated representatives present at the meeting.

10(7.1)The ballots cast for the election of a member at large shall be counted after each annual district meeting and forwarded to the Board, and the winner of the election of a member at large shall be the candidate with the largest number of ballots in the candidate’s favour after the last annual district meeting of the calendar year.

10(8)No eligible producer or designated representative shall be elected as a member representing a district unless they receive a majority of the votes cast at the annual district meeting.

10(9)The Board shall notify the eligible producers in the regulated area of the result of an election of a member at large.

11(1)If a position on the Board is not filled after an election in a district, a member of the Board from a district becomes unwilling or unable to act or a vacancy in respect of an elected member from a district occurs on the Board for any other reason, the Board shall appoint an eligible producer or designated representative from that district at the next regular meeting of the Board to fill the vacancy.

11(2)Where no person is willing to be appointed under subsection (1), the Board may appoint an eligible producer or designated representative from any district to fill the vacancy.

11(2.1)If a position of member at large on the Board is not filled after an election, a member at large of the Board becomes unwilling or unable to act or a vacancy in respect of a member at large occurs on the Board for any other reason, the Board shall appoint an eligible producer or designated representative from the regulated area at the next regular meeting of the Board to fill the vacancy.

11(3)If the position of the member appointed by the Dairy Farmers of New Brunswick becomes vacant, the Dairy Farmers of New Brunswick shall appoint another person to fill the vacancy.

11(4)A member appointed under this section shall hold office for the remainder of the term of the member whose position on the Board was vacated.