Acts and Regulations

2002-86 - Milk Plan Administration

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2002-86
under the
Natural Products Act
Filed November 26, 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 Milk Plan Administration Regulation - Natural Products Act.
Definitions
2In this Regulation
“Act” means the Natural Products Act; (Loi)
“Area” means an area described in subsection 3(2); (région)
“Board” means the Dairy Farmers of New Brunswick; (Office)
“designated representative” means an individual appointed under section 5; (représentant désigné)
“member” means a member of the Board; (membre)
“person” means an individual, corporation, partnership, joint venture or cooperative; (personne)
“Plan” means the Plan as defined in the Milk 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 for profit or gain; (producteur)
“regulated area” means the regulated area as defined in the Milk Plan and Levies Regulation - Natural Products Act; (zone réglementée)
“regulated product” means the regulated product as defined in the Milk Plan and Levies Regulation - Natural Products Act. (produit réglementé)
2004-12; 2008-84
Membership of Board
3(1)The Board shall consist of 9 members.
3(2)One member shall be elected from each of the following Areas:
(a) Area 1, consisting of
(i) Madawaska County,
(ii) the parishes of Grimmer and Saint-Quentin in Restigouche County, and
(iii) the parish of Drummond in Victoria County;
(b) Area 2, consisting of
(i) Gloucester County,
(ii) Northumberland County, and
(iii) Restigouche County, except the parishes of Grimmer and Saint-Quentin;
(c) Area 3, consisting of
(i) Carleton County,
(ii) Victoria County, except the parish of Drummond, and
(iii) the parishes of Canterbury and Southampton in York County;
(d) Area 4, consisting of
(i) Charlotte County,
(ii) Queens County, except the parishes of Brunswick, Cambridge, Hampstead, Johnston and Wickham,
(iii) Sunbury County, and
(iv) York County, except the parishes of Canterbury and Southampton;
(e) Area 5, consisting of
(i) Albert County,
(ii) Kent County,
(iii) the northern half of the parish of Havelock in Kings County,
(iv) the parish of Brunswick in Queens County, and
(v) Westmorland County; and
(f) Area 6, consisting of
(i) Kings County, except the northern half of the parish of Havelock,
(ii) the parishes of Cambridge, Hampstead, Johnston and Wickham in Queens County, and
(iii) Saint John County.
3(3)Three members shall be elected at large.
3(4)An individual shall only sit as one member during his or her term of office.
2005-113
Term of office
4(1)Each member elected under subsection 3(2) shall hold office for a term of three years.
4(1.1)Each member elected at large under subsection 3(3) shall hold office for a term of up to three years.
4(2)Notwithstanding the expiration of a member’s term, a member shall remain a member until re-elected or replaced.
2017-27
Designated representative
5(1)Where a producer is a corporation, partnership, joint venture or cooperative and wishes to vote at an election or be a member or to sign nomination papers for a prospective candidate in an election for a member, the producer shall appoint an individual as a designated representative to act on behalf of the producer.
5(2)Only the individual appointed as a designated representative of a producer under subsection (1) shall vote at an election, be a member or sign nomination papers for a prospective candidate on behalf of the producer.
2008-84
Qualifications of members
6(1)Subject to subsections (2) and (3), a person shall not hold office as a member representing an Area or as a member at large unless the person
(a) is an individual,
(b) is a producer licensed by the Commission, and
(c) resides
(i) in the case of a member representing an Area, in the Area 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 a producer may hold office as a member representing an Area if
(a) the producer
(i) is licensed by the Commission, and
(ii) resides in the Area, and
(b) the designated representative resides in the Area.
6(3)A designated representative of a producer may hold office as a member at large if
(a) the producer
(i) is licensed by the Commission, and
(ii) 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 a producer notifies the Board that an individual has ceased to be its designated representative, the Board shall declare the member’s position vacant.
Qualifications of persons signing nomination papers or voting
7(1)Subject to subsections (2) and (3), a person shall not sign nomination papers for a prospective candidate in an election for a member representing an Area or for a member at large or vote in an election for a member representing an Area or for a member at large unless the person
(a) is an individual,
(b) is a producer licensed by the Commission, and
(c) resides
(i) in the case of a person signing nomination papers for a prospective candidate in an election for a member representing an Area or voting for a member representing an Area, in that Area, or
(ii) in the case of a person signing nomination papers for a prospective candidate in an election for a member at large or voting for a member at large, in the regulated area.
7(2)A designated representative of a producer may sign nomination papers for a prospective candidate in an election for a member representing an Area or vote in an election for a member representing an Area if
(a) the producer
(i) is licensed by the Commission, and
(ii) resides in the Area, and
(b) the designated representative resides in the Area.
7(3)A designated representative of a producer may sign nomination papers for a prospective candidate in an election for a member at large or vote in an election for a member at large if
(a) the producer
(i) is licensed by the Commission, and
(ii) resides in the regulated area, and
(b) the designated representative resides in the regulated area.
Election of members
8(1)An election of a member shall be held on the date fixed by the Board.
8(2)The Board shall send an announcement of the date of an election for an Area or Areas, as the case may be, to each producer in the Area or Areas who is licensed by the Commission.
8(3)An announcement under subsection (2) shall be sent at least 60 days before the date of the election.
8(4)An announcement under subsection (2) shall contain a list of the producers, and if applicable, their designated representatives, who are eligible for election as the member representing the Area or as a member at large, or both, as the case may be.
8(5)A candidate for election as a member shall file nomination papers with the Board at its head office at least 30 days before the date of the election.
8(6)Nomination papers referred to in subsection (5) shall be signed by 5 other persons who are eligible to so sign.
8(7)At least 10 days before the date of the election, the Board shall mail a ballot form with directions for its proper completion to each licensed producer in the Area or Areas, as the case may be, in which the election is to be held, together with the list of properly nominated candidates.
8(8)Properly completed ballots, postmarked no later than the date of the election, shall be mailed to the Commission.
8(9)The winner of an election shall be the candidate with the highest number of properly completed ballots in his or her favour.
8(10)The Commission shall count the ballots and forward the result of the election to the Board who shall notify the producers of the Area or Areas, as the case may be.
2005-113
Vacancy on Board
9(1)If a vacancy on the Board occurs, the Board shall, within 60 days after such occurrence, provide for a by-election in the appropriate Area or Areas to replace the member from that Area or the member at large.
9(2)A by-election shall be conducted in the same manner as an election under section 8.
9(3)A member elected at a by-election shall hold office for the remainder of the term of the member whose position on the Board was vacated.
Removal of member
10The 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
11The 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
12The 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
13The Board may make by-laws that are not inconsistent with the Act, the regulations under the Act or the Plan.
Audits
14(1)The Board shall keep proper books of account which shall be audited for each fiscal year by an accountant who is a member in good standing of an institute or association of accountants incorporated under an Act of the Legislature of a province.
14(2)A copy of the report of an audit shall be available to any producer in the regulated area on written request to the Board.
Transitional provision
15(1)The officers of the New Brunswick Milk Marketing Board immediately before the commencement of this Regulation shall continue as the officers of the Dairy Farmers of New Brunswick as if they had been selected or appointed, as the case may be, under the by-laws of the Board, until they are selected again, reappointed or replaced, as the case may be, under the by-laws.
15(2)The officers of Régie de mise en marché du lait du Nouveau-Brunswick immediately before the commencement of this subsection shall continue as the officers of Producteurs laitiers du Nouveau-Brunswick as if they had been selected or appointed, as the case may be, under the by-laws of the Board, until they are selected again, reappointed or replaced, as the case may be, under the by-laws.
2004-12
Commencement
16This Regulation comes into force on December 2, 2002.
N.B. This Regulation is consolidated to September 1, 2017.