Acts and Regulations

2001-47 - Cattle Plan Administration

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2001-47
under the
Natural Products Act
Filed June 27, 2001
Under sections 19 and 28 of the Natural Products Act, the Commission makes the following Regulation:
Citation
1This Regulation may be cited as the Cattle Plan Administration Regulation - Natural Products Act.
Definitions
2In this Regulation
“Act” means the Natural Products Act; (Loi)
“Board” means the New Brunswick Cattle Producers; (Office)
“designated representative” means an individual appointed under section 5; (représentant désigné)
“district” means a district described in subsection 3(2); (district)
“eligible producer” means a person who raises at least 12 head of cattle at any time during a calendar year; (éleveur habilité)
“member” means a member of the Board; (membre)
“person” means an individual, corporation, partnership or cooperative; (personne)
“Plan” means the Plan as defined in the Cattle Plan and Levies Regulation - Natural Products Act; (Plan)
“regulated area” means the regulated area as defined in the Cattle Plan and Levies Regulation - Natural Products Act; (zone réglementée)
“regulated product” means the regulated product as defined in the Cattle Plan and Levies Regulation -Natural Products Act. (produit réglementé)
Membership of Board
3(1)The Board shall consist of 9 members.
3(2)One member shall be elected from each of the following districts:
(a) District 1, which shall consist of Carleton County;
(b) District 2, which shall consist of Victoria County except Drummond Parish;
(c) District 3, which shall consist of Drummond Parish in Victoria County and the counties of Madawaska and Restigouche;
(d) District 4, which shall consist of the counties of Gloucester and Northumberland;
(e) District 5, which shall consist of the counties of Westmorland and Albert;
(f) District 6, which shall consist of Kent County;
(g) District 7, which shall consist of the counties of Queens, Sunbury, York and Charlotte; and
(h) District 8, which shall consist of the counties of Kings and Saint John.
3(3)One member shall be appointed by the Dairy Farmers of New Brunswick.
2004-13
Term of office
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.
2004-13
Designated representative
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.
Qualifications of members
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 unless the person
(a) is an eligible producer,
(b) raises cattle on his or her own premises or on premises under a lease or contract agreement, and
(c) resides in the district which he or she is to represent.
6(2)A designated representative of an eligible producer may hold office as a member for a district if the eligible producer
(a) raises cattle on his or her own premises or on premises under a lease or contract agreement, and
(b) resides in the district.
6(3)A designated representative shall hold office as a member only for so long as he or she remains 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.
Annual district meetings
7(1)In accordance with this section, the Board shall call an annual district meeting of eligible producers to
(a) consider any matter raised by eligible producers concerning the marketing or the production and marketing of the regulated product,
(b) review the operation of the Board,
(c) review the audited financial statement of the Board for the previous year, and
(d) elect a member to the Board, if the term of office of a member for the district is expiring.
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.
Change of address
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.
List of eligible producers
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
(a) arranged in alphabetical order and according to the district in which cattle are raised, and
(b) based upon the records of the Board.
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.
Voting at annual district meetings
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 he or she is 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 he or she is an eligible producer is entitled to vote at the annual district meeting.
10(4)An eligible producer shall only vote in the district in which the eligible producer is resident.
10(5)An individual voting in an election is entitled to vote only once 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(8)No eligible producer or designated representative shall be elected as a member unless he or she receives a majority of the votes cast at the annual district meeting.
Vacancy on Board
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(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.
2004-13
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.
Powers of Board
12The following powers are vested in the Board:
(a) to exempt from any order of the Board any person or class of persons engaged in the marketing or the production and marketing of the regulated product or any class, variety or grade of the regulated product; and
(b) to appoint officers and employees, assign their duties and fix their remuneration.
Advisory committees
13The Board may establish advisory committees to advise and make recommendations to the Board in respect of any matter respecting which the Board is empowered to make orders under the Act, the regulations or the Plan.
By-laws
14The Board may make by-laws that are not inconsistent with the Act, the regulations or the Plan.
Transitional provision
15The Chairman, Vice-Chairman and Secretary-Manager, immediately before the commencement of this Regulation, of the New Brunswick Cattle Marketing Agency shall continue as the Chair, Vice-Chair and Secretary-Manager of the New Brunswick Cattle Producers as if they had been appointed or elected, as the case may be, under the by-laws of the Board, until they are reappointed, re-elected or replaced, as the case may be, under the by-laws.
Commencement
16This Regulation comes into force on July 1, 2001.
N.B. This Regulation is consolidated to April 1, 2004.