Acts and Regulations

2003-72 - Chicken Plan Administration

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2003-72
under the
Natural Products Act
Filed September 15, 2003
Under sections 19 and 28 of the Natural Products Act, the Commission makes the following Regulation:
Citation
1This Regulation may be cited as the Chicken 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) or (3); (région)
“Board” means the Chicken 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 or cooperative; (personne)
“Plan” means the Plan as defined in the Chicken 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 Chicken Plan and Levies Regulation - Natural Products Act; (zone réglementée)
“regulated product” means the regulated product as defined in the Chicken Plan and Levies Regulation - Natural Products Act. (produit réglementé)
Membership of Board
3(1)The Board shall consist of 5 members.
3(2)Three members shall be elected from Area 1, consisting of the counties of Madawaska, Victoria, Restigouche, Carleton, York, Sunbury and Charlotte.
3(3)Two members shall be elected from Area 2, consisting of the counties of Saint John, Kings, Queens, Albert, Westmorland, Kent, Northumberland and Gloucester.
3(4)An individual shall only sit as one member during his or her term of office.
Term of office
4(1)Each elected member shall hold office for a 2-year term and shall assume office at the beginning of the first meeting of the Board after the election.
4(2)No person shall be a member for more than 4 consecutive years.
4(3)Subsection (2) does not apply to a person appointed to fill a vacancy under section 10.
Designated representative
5(1)Where a producer is a corporation, partnership or cooperative and wishes to vote at an election or be a member, the producer 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)Only the individual appointed as a designated representative of a producer under subsection (1) shall vote at an election or be a member on behalf of the producer.
Qualifications of members
6(1)Subject to subsection (2), a person shall not hold office as a member representing an Area unless the person
(a) is an individual who is a Canadian citizen,
(b) is a producer in the Area,
(c) is the holder of a licence that has not been suspended or revoked, and
(d) owns production facilities in the Area.
6(2)A designated representative of a producer may hold office as a member representing an Area if
(a) the producer
(i) has filed the designation with the Board,
(ii) where the producer is a corporation or cooperative, is incorporated in Canada,
(iii) is a producer in the Area,
(iv) is the holder of a licence that has not been suspended or revoked, and
(v) owns production facilities in the Area, and
(b) the designated representative
(i) is a Canadian citizen,
(ii) where the producer is a corporation or cooperative incorporated in New Brunswick, is the principal officer or majority shareholder of the producer, and
(iii) where the producer is a corporation or cooperative not incorporated in New Brunswick, is a principal officer of the producer in New Brunswick.
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 a producer notifies the Board that an individual has ceased to be its designated representative or where it is brought to the attention of the Board that an individual has ceased to be the designated representative of a producer, the Board shall declare the member’s position vacant.
Qualifications of voters
7(1)Subject to subsection (2), a person shall not vote in an election for a member representing an Area unless the person
(a) is an individual who is a Canadian citizen,
(b) is a producer in the Area,
(c) is the holder of a licence that has not been suspended or revoked, and
(d) owns production facilities in the Area.
7(2)A designated representative of a producer may vote in an election for a member representing an Area if
(a) the producer
(i) has filed the designation with the Board,
(ii) where the producer is a corporation or cooperative, is incorporated in Canada,
(iii) is a producer in the Area,
(iv) is the holder of a licence that has not been suspended or revoked, and
(v) owns production facilities in the Area, and
(b) the designated representative
(i) is a Canadian citizen,
(ii) where the producer is a corporation or cooperative incorporated in New Brunswick, is the principal officer or majority shareholder of the producer, and
(iii) where the producer is a corporation or cooperative not incorporated in New Brunswick, is a principal officer of the producer in New Brunswick.
Annual meeting
8(1)In accordance with this section, the Board shall call an annual meeting of producers to review the operation of the Board and to elect members.
8(2)An annual meeting shall be held on the date fixed by the Board.
8(3)Notice of an annual meeting shall be given in writing setting out the date, time and place fixed for the meeting.
8(4)At least 30 days before the date fixed for the annual meeting, the notice shall be sent to each person who, according to the records of the Board, is qualified to vote under section 7, at the last known address of the person as determined from the records of the Board.
8(5)The Chair of the Board shall preside at 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 preside, or
(b) the Chair and the Vice-Chair are absent, in which case a member designated by the Board shall preside.
8(6)The Board shall present the audited financial statements of the preceding fiscal year and report on the operation of the Board.
Election of members
9(1)At an annual meeting, the Chair of the Board shall call for nominations from the floor for the position of member.
9(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.
9(3)An individual voting in an election is entitled to vote only once in the election.
9(4)No individual shall be elected as a member unless he or she receives a majority of the votes cast at the annual meeting.
9(5)The result of the election shall be announced at the annual meeting and sent to the Commission and to each person to whom a notice was sent under subsection 8(4).
Vacancy on Board
10(1)If a position on the Board is not filled after an election for an Area, a member representing an Area becomes unwilling or unable to act or a vacancy on the Board in respect of an Area occurs for any other reason, the Board shall declare the position vacant and shall, subject to subsection 3(4), appoint a person qualified under section 6 from that Area to fill the vacancy.
10(2)Where no person is willing to be appointed under subsection (1), the Board shall, subject to subsection 3(4), appoint a person qualified under section 6 from any Area to fill the vacancy.
10(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
11(1)The 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.
11(2)A member who has, for any reason, failed to attend 6 consecutive meetings of the Board, other than telephone conference call meetings, shall cease to be a member without notice.
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; and
(c) 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.
Auditors
15(1)The Board shall appoint its auditors at the annual meeting of producers and the auditors shall hold office until the next annual meeting of producers.
15(2)An auditor appointed under subsection (1) must be 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(3)If the Board does not appoint an auditor or appoints an auditor who does not meet the requirements in subsection (2), the Commission may appoint an auditor for the Board.
15(4)The Board shall pay the fees and expenses of an auditor appointed under this section.
Transitional provision
16The Chairman, Vice-Chairman and Secretary-Manager, immediately before the commencement of this Regulation, of the New Brunswick Chicken Marketing Board shall continue as the Chair, Vice-Chair and Secretary-Manager of the Chicken 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, under the by-laws.
Commencement
17This Regulation comes into force on October 1, 2003.
N.B. This Regulation is consolidated to September 30, 2003.