Acts and Regulations

2003-84 - Hog Plan Administration

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2003-84
under the
Natural Products Act
Filed November 27, 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 Hog Plan Administration Regulation - Natural Products Act.
Definitions
2In this Regulation
“Act” means the Natural Products Act; (Loi)
“area” Repealed: 2010-161
“Board” means Porc NB Pork; (Office)
“designated representative” means an individual appointed under section 5; (représentant désigné)
“eligible producer” means a producer who markets 100 or more hogs or 10 or more sows in a calendar year; (producteur habilité)
“hog” means an animal of the porcine species; (porc)
“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 Hog 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 Hog Plan and Levies Regulation - Natural Products Act; (zone réglementée)
“regulated product” means the regulated product as defined in the Hog Plan and Levies Regulation - Natural Products Act; (produit réglementé)
“sow” means a female hog that has farrowed and is kept for the purpose of breeding.(truie)
“zone” Repealed: 2010-161
2010-161
Membership of Board
3(1)The Board shall consist of 6 members.
3(1.1)Only residents of the Province are eligible to be members.
3(2)Repealed: 2010-161
3(3)Repealed: 2010-161
3(4)Repealed: 2010-161
3(5)Repealed: 2010-161
3(6)An individual shall only sit as one member during his or her term of office.
2010-161
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)Subject to subsections (3) and (4),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)Subject to subsections (3) and (4), an eligible producer who is an individual may appoint a designated representative to act on his or her behalf.
5(3)An eligible producer shall appoint only one designated representative to act on behalf of the eligible producer for any particular period of time.
5(4)No designated representative shall vote at an annual general meeting unless the eligible producer who appoints the designated representative files a written designation with the Board at least one week before the date fixed for that meeting.
5(5)Only the individual appointed as a designated representative of an eligible producer under this section shall vote at an election or be a member on behalf of the eligible producer.
5(6)An eligible producer who is an individual and has appointed a designated representative shall not vote at an election or be a member.
2010-161
Qualifications of members
6(1)Subject to subsection (2), a person shall not hold office as a member unless the person
(a) is an individual who is a Canadian citizen or a permanent resident of Canada,
(b) owns or leases production facilities in the Province, and
(c) is an eligible producer who markets 500 or more hogs or 40 or more sows in a calendar year.
6(2)A designated representative of an eligible producer may hold office as a member if
(a) the eligible producer
(i) has filed the designation with the Board,
(ii) where the eligible producer is a corporation or cooperative, is incorporated in Canada,
(iii) owns or leases production facilities in the Province, and
(iv) markets 500 or more hogs or 40 or more sows in a calendar year, and
(b) the designated representative is a Canadian citizen or a permanent resident of Canada.
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 an eligible producer notifies the Board that an individual has ceased to be its designated representative or where a designated representative becomes unable or unwilling to act, the Board shall declare the member’s position vacant.
2010-161
Qualifications of voters
7(1)Subject to subsection (2), a person shall not vote in an election for a member unless the person
(a) is an individual who is a Canadian citizen or a permanent resident of Canada,
(b) owns or leases production facilities in the Province, and
(c) is an eligible producer.
7(2)A designated representative of an eligible producer may vote in an election for a member if
(a) the eligible producer
(i) has filed the designation with the Board at least one week before the date fixed for the election,
(ii) where the eligible producer is a corporation or cooperative, is incorporated in Canada, and
(iii) owns or leases production facilities in the Province, and
(b) the designated representative is a Canadian citizen or a permanent resident of Canada.
2010-161
Annual general meetings
2010-161
8(1)In accordance with this section, the Board shall call an annual general meeting of eligible producers to review the operation of the Board and to elect members.
8(2)An annual general meeting shall be held on the date fixed by the Board.
8(3)Notice of an annual general meeting shall be given in writing setting out the date, time and place fixed for the meeting.
8(4)At least 7 days before the date fixed for the annual general 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 person’s last known address as determined from the records of the Board.
8(5)The Chair of the Board shall preside at the annual general meeting unless
(a) the Chair is absent or the office of the 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.
2010-161
Election of members
9(1)At an annual general meeting, the voting for membership on the Board shall be by secret ballot.
9(2)The counting of the ballots shall be supervised by a scrutineer who is not an eligible producer or designated representative and whose appointment has been approved by the Board.
9(3)An eligible producer or a designated representative of an eligible producer is entitled to vote once in relation to each membership position to be filled in each fiscal year.
9(4)Repealed: 2010-161
9(5)Repealed: 2010-161
9(6)No individual shall be elected as a member unless he or she receives a majority of the votes cast at the annual general meeting.
9(7)The result of the election shall be announced at the annual general meeting and shall be sent to the Commission.
2010-161
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 as a member or a vacancy on the Board occurs for any other reason, the Board shall declare the position vacant and shall, subject to subsection 3(6), appoint a person qualified under section 6 as a member at its next regular meeting.
10(2)Repealed: 2010-161
10(3)Repealed: 2010-161
10(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.
2010-161
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 three consecutive meetings of the Board without reasonable excuse.
2010-161
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 Hog Marketing Board shall continue as the Chair, Vice-Chair and Secretary-Manager of Porc NB Pork 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 December  1, 2003.
N.B. This Regulation is consolidated to September 13, 2010.