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Regulation number	Title
N-1.2	Natural Products Act

Under sections 19 and 28 of the Natural Products Act, the Commission makes the following Regulation:

Citation

1This Regulation may be cited as the Egg 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 Egg Farmers of New Brunswick;(Office)

“designated representative” means an individual appointed under section 5; (représentant désigné)

“licensed producer” means a producer who is the holder of a valid and subsisting licence issued by the Board; (producteur agréé)

“member” means a member of the Board; (membre)

“person” means an individual, corporation, partnership, cooperative or unincorporated group; (personne)

“Plan” means the Plan as defined in the Egg 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 Egg Plan and Levies Regulation - Natural Products Act; (zone réglementée)

“regulated product” means the regulated product as defined in the Egg Plan and Levies Regulation - Natural Products Act. (produit réglementé)

2015-50

Membership of Board

3(1)The Board shall consist of 5 members.

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

(a) Area 1, consisting of the counties of Charlotte, Queens, Kings, Saint John, Albert, Westmorland, Kent and the parish of Rogersville in Northumberland County;

(b) Area 2, consisting of the counties of Gloucester, Restigouche, Madawaska, Victoria, Carleton and Northumberland excluding the parish of Rogersville; and

(c) Area 3, consisting of the counties of York and Sunbury.

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

3(4)Repealed: 2022-22

3(5)An individual shall only sit as one member during their term of office.

2022-22

Term of office

4(1)Subject to subsection (2), a member shall hold office for a term of up to three years and shall take office at the beginning of the first meeting of the Board after the member’s election.

4(2)No member shall hold office for more than four consecutive terms.

4(3)An individual who ceases to hold office as a member is not eligible to be re-elected for a period of one year after ceasing to hold office.

4(4)Despite subsections (1) and (2), the term of office of a member of the Board who is also a member of the board of directors of the Egg Farmers of Canada shall not expire while the member sits on that board of directors.

2022-22

Designated representative

5(1)Subject to subsection (2), every producer who wishes to vote at an election or be a member shall appoint an individual as a designated representative to act on behalf of the producer and shall file the designation with the Board.

5(2)A producer shall appoint only one designated representative to act on behalf of the producer for any particular period of time.

5(3)Where a producer is an individual, the producer may appoint themselves as a designated representative.

5(4)Only the individual appointed as a designated representative under subsection (1) shall vote at an election or be a member on behalf of the producer.

5(5)A designated representative shall act only on behalf of one producer.

2022-22

Qualifications of members

6(1)A person shall not hold office as a member representing an Area or as a member at large unless the person is the designated representative of a producer and the producer

(a) is a licensed producer, and

(b) has quota for the regulated product or hens

(i) in the case of a member representing an Area, in the Area which the member is to represent, or

(ii) in the case of a member at large, in the regulated area.

6(2)A designated representative shall hold office as a member only for so long as they remain a designated representative.

6(3)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.

2022-22

Qualifications of voters

7A person shall not vote in an election for a member representing an Area or for a member at large unless the person is the designated representative of a producer and the producer

(a) is a licensed producer, and

(b) has quota for the regulated product or hens

(i) in the case of a person voting for a member representing an Area, in that Area, or

(ii) in the case of a person voting for a member at large, in the regulated area.

Election of members

8(1)At an annual meeting, the chair of the meeting shall call for nominations from the floor for the position of member, if applicable.

8(2)The voting for membership on the Board shall be by secret ballot and the counting of the ballots shall be supervised by a scrutineer who is not a producer and whose appointment has been approved by the Board.

8(3)An individual voting in an election is entitled to cast only one vote.

8(4)No individual shall be elected as a member unless they receive a majority of the votes cast.

8(5)The result of the election shall be announced at the annual meeting and sent to the Commission.

2022-22

Vacancy on Board

9(1)If a position on the Board is not filled after an election, a member becomes unwilling or unable to act or a vacancy on the Board occurs for any other reason, the Board shall declare the position vacant.

9(2)Where the Board declares a vacancy under subsection (1) or subsection 6(3), the Board shall, subject to subsections 3(4) and (5), appoint another person qualified under section 6 to fill the vacancy.

9(3)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

10The Board may remove from office any member

(a) who has been convicted of an offence under the Criminal Code (Canada),

(b) who has failed to attend three consecutive meetings of the Board without reasonable excuse,

(c) whose licence has been suspended or revoked, or

(d) who has violated the Act, the regulations under the Act or an order of the Board or the Commission.

2022-22

Acts deemed valid

11Notwithstanding any minor technical irregularity in the election, appointment or qualifications of a member, every act of the Board shall be as valid as if the Board were duly constituted and every member were duly elected or appointed or were qualified.

Powers of Board

12The 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

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 under the Act or the Plan.

By-laws

14The Board may make by-laws that are not inconsistent with the Act, the regulations under the Act or the Plan.

Audits

15(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.

15(2)A report of an audit and a report of the operations of the Board shall be presented to the annual meeting of the Board and sent to the Commission immediately after the meeting.

15(3)A copy of a report under subsection (2) shall be provided to a licensed producer upon written request to the Board.

Transitional provision

16The chairman, vice-chairman and secretary-manager of the New Brunswick Egg Producers immediately before the commencement of this Regulation shall continue as the chair, vice-chair and secretary-manager of the Egg Farmers of New Brunswick as if they had been elected or appointed, as the case may be, under the by-laws of the Board, until they are re-elected, reappointed or replaced, as the case may be.

2015-50

Commencement

17This Regulation comes into force on October 1, 2003.

N.B. This Regulation is consolidated to April 19, 2022.

2003-71 - Egg Plan Administration

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