Acts and Regulations

2002-61 - Apple Plan Administration

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2002-61
under the
Natural Products Act
Filed July 25, 2002
Under sections 19 and 28 of the Natural Products Act, the Commission makes the following Regulation:
Citation
1This Regulation may be cited as the Apple Plan Administration Regulation - Natural Products Act.
Definitions
2In this Regulation
“Act” means the Natural Products Act; (Loi)
“bearing tree” means an apple tree that has been planted for at least 5 years and has produced a crop of marketable apples; (arbre ayant déjà produit)
“Board” means the Apple Growers of New Brunswick; (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 producer who manages under contract or lease or owns at least two acres of apple trees or apple trees that are bearing trees; (producteur 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 Apple Plan and Levies Regulation - Natural Products Act; (Plan)
“producer” means a person engaged in the production and marketing of the regulated product within the regulated area; (producteur)
“regulated area” means the regulated area as defined in the Apple Plan and Levies Regulation - Natural Products Act; (zone réglementée)
“regulated product” means the regulated product as defined in the Apple Plan and Levies Regulation - Natural Products Act. (produit réglementé)
2017-29
Membership of Board
3(1)The Board shall consist of 5 members.
3(2)One member shall be elected from each of the following districts:
(a) District 1, consisting of the counties of Madawaska, Victoria, Carleton, York, Northumberland, Gloucester and Restigouche;
(b) District 2, consisting of the counties of Charlotte, Sunbury, Queens, Saint John and Kings, excluding the parishes of Havelock, Studholm, Sussex, Waterford and Cardwell; and
(c) District 3, consisting of the counties of Westmorland, Kent and Albert and the parishes of Havelock, Studholm, Sussex, Waterford and Cardwell in Kings County.
3(3)Two members shall be elected at large.
3(4)Each member at large shall not be elected from the same District.
3(5)An individual shall only sit as one member during his or her term of office.
Term of office
4Each elected member shall hold office for a 2-year term and shall assume office at the first meeting of the Board after the election.
Designated representative
5(1)Where an eligible producer is a corporation, partnership or cooperative and wishes to vote at an election or be a member, the eligible producer shall appoint an individual as a designated representative to act on behalf of the eligible producer and shall file the designation with the Board.
5(2)Only the individual appointed as a designated representative of an eligible producer under subsection (1) shall vote at an election or be a member on behalf of the eligible producer.
Qualifications of members
6(1)Subject to subsections (2) and (3), a person shall not hold office as a member representing a District or as a member at large unless the person
(a) is an individual who is at least 19 years of age,
(b) is the holder of a licence that has not been suspended or revoked,
(c) is an eligible producer, and
(d) resides
(i) in the case of a member representing a District, in the District which he or she is to represent, or
(ii) in the case of a member at large, in the regulated area.
6(2)A designated representative of an eligible producer may hold office as a member representing a District if
(a) the eligible producer
(i) has filed the designation with the Board,
(ii) is the holder of a licence that has not been suspended or revoked, and
(iii) resides in the District, and
(b) the designated representative resides in the District.
6(3)A designated representative of an eligible producer may hold office as a member at large if
(a) the eligible producer
(i) has filed the designation with the Board,
(ii) is the holder of a licence that has not been suspended or revoked, and
(iii) resides in the regulated area, and
(b) the designated representative resides in the regulated area.
6(4)A designated representative shall hold office as a member only for so long as he or she remains a designated representative.
6(5)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 meetings
7(1)In accordance with this section, the Board shall call an annual meeting of eligible producers to
(a) review the operation of the Board,
(b) review the financial statement of the Board for the previous year,
(c) elect members, and
(d) consider any matter raised by eligible producers concerning the production and marketing of the regulated product.
7(2)An annual meeting shall be held on the date fixed by the Board.
7(3)Notice of an annual meeting shall be given in writing setting out the date, time and place fixed for the meeting.
7(4)At least 15 days before the date fixed for the annual meeting, the notice and the list of eligible producers and designated representatives referred to in section 9 shall be delivered personally or sent by ordinary mail to each person who is qualified to vote under section 10, at the last known address of the person as determined from the records of the Board.
7(5)A notice and list sent by ordinary mail shall be deemed to have been received by the recipient 3 days after the date of mailing.
7(6)The Chair of the Board shall act as chair of the annual meeting unless
(a) the Chair is absent or the office of Chair is vacant, in which case the Vice-Chair of the Board shall act as chair of the annual meeting, or
(b) the Chair and the Vice-Chair are absent, in which case a member designated by the Board shall act as the chair of the annual meeting.
7(7)The Secretary-Manager of the Board, or in his or her absence the person appointed by the chair of the annual meeting, shall act as secretary of the annual meeting.
Change of address
8(1)An eligible producer or designated representative 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 or designated representative, the Board may change the recorded address.
List of eligible producers and designated representatives
9(1)The Board shall, before the notice of the annual meeting is delivered or mailed under section 7, prepare a list of eligible producers and designated representatives.
9(2)The list shall be
(a) arranged in alphabetical order, and
(b) based upon the records of the Board as they exist at the end of the fiscal year.
9(3)The Board may make additions to or deletions from the list at any time where it receives sufficient evidence as to qualifications to vote.
Qualifications of voters
10(1)Subject to subsections (2) and (3), a person shall not vote for a member representing a District or a member at large unless the person
(a) is an individual who is at least 19 years of age,
(b) is the holder of a licence that has not been suspended or revoked,
(c) is an eligible producer,
(d) subject to subsection (4) and subsection 9(3), is named on the list of eligible producers and designated representatives, or where there is no list or the person’s name is not on the list, proves to the satisfaction of the chair of an annual meeting that he or she is an eligible producer, and
(e) resides
(i) in the case of a person voting for a member representing a District, in that District, or
(ii) in the case of a person voting for a member at large, in the regulated area.
10(2)A designated representative of an eligible producer may vote in an election for a member representing a District if
(a) the eligible producer
(i) has filed the designation with the Board,
(ii) is the holder of a licence that has not been suspended or revoked,
(iii) subject to subsection (4) and subsection 9(3), is named on the list of eligible producers and designated representatives, or where there is no list or the person’s name is not on the list, proves to the satisfaction of the chair of an annual meeting that he or she is an eligible producer, and
(iv) resides in the District, and
(b) the designated representative
(i) subject to subsection (4) and subsection 9(3), is named on the list of eligible producers and designated representatives, or where there is no list or the person’s name is not on the list, proves to the satisfaction of the chair of an annual meeting that he or she is a designated representative of an eligible producer, and
(ii) resides in the District.
10(3)A designated representative of an eligible producer may vote in an election for a member at large if
(a) the eligible producer
(i) has filed the designation with the Board,
(ii) is the holder of a licence that has not been suspended or revoked,
(iii) subject to subsection (4) and subsection 9(3), is named on the list of eligible producers and designated representatives, or where there is no list or the person’s name is not on the list, proves to the satisfaction of the chair of an annual meeting that he or she is an eligible producer, and
(iv) resides in the regulated area, and
(b) the designated representative
(i) subject to subsection (4) and subsection 9(3), is named on the list of eligible producers and designated representatives, or where there is no list or the person’s name is not on the list, proves to the satisfaction of the chair of an annual meeting that he or she is a designated representative of an eligible producer, and
(ii) resides in the regulated area.
10(4)Where there is a dispute as to the qualifications to vote of an individual, the dispute shall be settled by the Commission.
Election of members
11(1)The voting for membership on the Board at an annual meeting shall be by secret ballot.
11(2)The counting of the ballots shall be supervised by a scrutineer appointed by the chair of the annual meeting with the consent of the persons qualified to vote under section 10 who are present at the annual meeting.
11(3)An individual voting in an election is entitled to vote only once in the election.
11(4)No individual shall be elected as a member unless he or she receives a majority of the votes cast at the annual meeting.
11(5)The result of the election shall be sent to the Commission.
Vacancy on Board
12(1)If a position on the Board is not filled after an election, a member is unwilling or unable to act or a vacancy on the Board occurs for any other reason, the Board shall declare the position vacant.
12(2)Where the Board declares a vacancy under subsection (1) or under subsection 6(5), the Board shall, subject to subsections 3(4) and (5), appoint as a member at its next regular meeting a person qualified under section 6 from the District in which the vacancy occurred or in the case of a member at large, from the regulated area.
12(3)Where no person is willing to be appointed from the District under subsection (2), the Board shall, subject to subsections 3(4) and (5), appoint as a member a person qualified under section 6 from any other District.
12(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.
Removal of member
13The Board may remove from office any member who
(a) has violated the Act, the regulations under the Act or an order of the Board or the Commission,
(b) has been convicted of an offence under the Criminal Code (Canada), or
(c) has failed to attend 3 consecutive meetings of the Board without reasonable excuse.
Powers of Board
14The following powers are vested in the Board:
(a) to regulate the quantity and quality, grade or class of the regulated product that may be marketed at any time and to prohibit, in whole or in part, the marketing of any grade, quality or class of the regulated product except through the Board;
(b) 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;
(c) to conduct a pool or pools for the distribution of money received from the sale of the regulated product, and, after deducting all expenses, to distribute the remainder of the money so that the payment to each person entitled to share is based on the amount, class, variety and grade of the regulated product delivered by him or her, and to make an initial payment on delivery of the regulated product and subsequent payments until the remainder of the money received from the sale is distributed; and
(d) to appoint officers and employees, assign their duties and fix their remuneration.
Advisory committees
15The 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 under the Act or the Plan.
By-laws
16The Board may make by-laws that are not inconsistent with the Act, the regulations under the Act or the Plan.
Transitional provision
17The Chairman, Vice-Chairman and Secretary-Manager, immediately before the commencement of this Regulation, of the New Brunswick Apple Marketing Board shall continue as the Chair, Vice-Chair and Secretary-Manager of the Apple Growers of New Brunswick as if they had been elected or appointed under the by-laws of the Board, until they are re-elected, reappointed or replaced, as the case may be, under the by-laws.
Commencement
18This Regulation comes into force on July 29, 2002.
N.B. This Regulation is consolidated to September 1, 2017.