Acts and Regulations

2003-73 - Turkey Plan Administration

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2003-73
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 Turkey Plan Administration Regulation - Natural Products Act.
Definitions
2In this Regulation
“Act” means the Natural Products Act; (Loi)
“Board” means the Turkey Farmers of New Brunswick; (Office)
“designated representative” means an individual appointed under section 5; (représentant désigné)
“District” means a district described in subsection 3(2) or (3); (district)
“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 Turkey 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 Turkey Plan and Levies Regulation - Natural Products Act; (zone réglementée)
“regulated product” means the regulated product as defined in the Turkey Plan and Levies Regulation - Natural Products Act. (produit réglementé)
Membership of Board
3(1)The Board shall consist of 3 members.
3(2)One member shall be elected from District 1, consisting of the counties of Victoria, Madawaska, Restigouche, Gloucester, Northumberland and Kent.
3(3)One member shall be elected from District 2, consisting of the counties of Carleton, York, Charlotte, Sunbury, Queens, Kings, Saint John, Albert and Westmorland.
3(4)One member shall be elected at large.
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 3-year term and shall assume office at the beginning of the first regular meeting of the Board after the election.
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 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 a Canadian citizen,
(b) is a producer who resides in the regulated area, and
(c) produces and markets no fewer than 200 turkeys per year.
6(2)A designated representative of a producer may hold office as a member representing a District 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 District, and
(iv) produces and markets no fewer than 200 turkeys per year, and
(b) the designated representative is a Canadian citizen.
6(3)A designated representative of a producer may hold office as a member at large 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 regulated area, and
(iv) produces and markets no fewer than 200 turkeys per year, and
(b) the designated representative is a Canadian citizen.
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 voters
7(1)Subject to subsections (2) and (3), a person shall not vote in an election for a member representing a District or for a member at large unless the person
(a) is an individual who is a Canadian citizen,
(b) is a producer who resides in the regulated area, and
(c) produces and markets no fewer than 200 turkeys per year.
7(2)A designated representative of a producer may vote in an election for a member representing a District 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 District, and
(iv) produces and markets no fewer than 200 turkeys per year, and
(b) the designated representative is a Canadian citizen.
7(3)A designated representative of a producer may vote in an election for a member at large 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 regulated area, and
(iv) produces and markets no fewer than 200 turkeys per year, and
(b) the designated representative is a Canadian citizen.
Annual meeting
8(1)In accordance with this section, the Board shall call an annual meeting of producers 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 annual meeting, the Board shall send the notice to each person who, according to the records of the Board, is qualified to vote under section 7.
Election of members
9(1)At an annual meeting, the chair of the meeting 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 shall be 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, 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 and shall, subject to subsection 3(5), appoint at its next regular meeting a person qualified under section 6 to fill the vacancy.
10(2)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
11The 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
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.
Transitional provision
15The Chairman, Vice-Chairman and Secretary-Manager, immediately before the commencement of this Regulation, of the New Brunswick Turkey Marketing Board shall continue as the Chair, Vice-Chair and Secretary-Manager of the Turkey 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
16This Regulation comes into force on October 1, 2003.
N.B. This Regulation is consolidated to September 30, 2003.