Acts and Regulations

2006-10 - Potato Plan Administration

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2006-10
under the
Natural Products Act
Filed February 17, 2006
Under sections 19 and 28 of the Natural Products Act, the Commission makes the following Regulation:
Citation
1This Regulation may be cited as the Potato Plan Administration Regulation - Natural Products Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Natural Products Act. (Loi)
“Board” means Potatoes New Brunswick. (Office)
“designated representative” means an individual appointed under section 5 or 6. (représentant désigné)
“District” means a district described in section 3. (district)
“eligible producer” means a producer who cultivates the regulated product on at least 4 acres of land. (producteur habilité)
“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 Potato 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 Potato Plan and Levies Regulation - Natural Products Act.(zone réglementée)
“regulated product” means the regulated product as defined in the Potato Plan and Levies Regulation - Natural Products Act. (produit réglementé)
Membership of Board
3(1)The Board shall consist of nine members.
3(2)One member shall be elected for District 1, consisting of Madawaska County and the parishes of Saint-Quentin and Grimmer in Restigouche County.
3(3)One member shall be elected for District 2A, consisting of the parish of Drummond in Victoria County.
3(3.1)One member shall be elected for Districts 1 and 2A by eligible producers and designated representatives from those districts.
3(4)Two members shall be elected for District 2B, consisting of Victoria County excluding the parish of Drummond.
3(5)Three members shall be elected for District 3, consisting of Carleton County.
3(6)One member shall be elected for District 4, consisting of the counties of Saint John, Charlotte, Kings, Queens, Sunbury, York, Gloucester, Northumberland, Kent, Westmorland, Albert and Restigouche, excluding the parishes of Saint-Quentin and Grimmer.
3(7)Repealed: 2014-49
3(8)An individual shall only sit as one member during his or her term of office.
2014-49
Term of office
4(1)Each elected member shall hold office for a 3-year term and shall assume office at the first meeting of the Board after the next annual general meeting of producers and designated representatives.
4(2)No person shall be a member for more than 2 consecutive terms.
Appointment of designated representatives for purposes of holding office
5(1)Subject to subsections (2) to (4), where an eligible producer is a corporation, partnership or cooperative and wishes to hold office as a member, the eligible producer shall appoint one individual as a designated representative to act on behalf of the eligible producer and shall file the designation with the Board.
5(2)Where an eligible producer is a corporation or cooperative incorporated in New Brunswick, the designated representative must be an officer or shareholder of the eligible producer.
5(3)Where an eligible producer is a corporation or cooperative incorporated outside New Brunswick, the designated representative must be a principal officer of the eligible producer in New Brunswick.
5(4)Where an eligible producer is a partnership, the designated representative must be a partner of the eligible producer.
5(5)Only the designated representative appointed by an eligible producer under subsection (1) shall be a member on behalf of the eligible producer.
Appointment of designated representatives for voting purposes
6(1)Subject to subsections (2) and (3), where an eligible producer is a corporation, partnership or cooperative and wishes to vote at an annual general meeting or a District meeting, the eligible producer shall appoint one individual as a designated representative to act on behalf of the eligible producer and shall file the designation with the Board.
6(2)Where an eligible producer is a corporation or cooperative, the designated representative must be a principal officer or shareholder of the eligible producer.
6(3)Where an eligible producer is a partnership, the designated representative must be a partner of the eligible producer.
6(4)Subject to subsection (5), an eligible producer who is an individual may appoint one individual as a designated representative to vote at an annual general meeting or a District meeting on behalf of the eligible producer and shall file the designation with the Board.
6(5)An eligible producer who is an individual may not appoint himself or herself as a designated representative under subsection (4).
6(6)Only the designated representative appointed by an eligible producer under subsection (1) or (4) shall vote at an annual general meeting or a District meeting on behalf of the eligible producer.
6(7)An eligible producer who is an individual and has appointed a designated representative shall not vote at an election.
Qualifications of members
7(1)Subject to subsections (2) and (3), a person shall not hold office as a member representing a District unless the person
(a) is an individual,
(b) is an eligible producer, and
(c) resides in the District.
7(2)A designated representative of an eligible producer that is a corporation or cooperative may hold office as a member representing a District if
(a) the eligible producer
(i) has filed the designation with the Board,
(ii) is incorporated in Canada, and
(iii) resides in the District, and
(b) the designated representative
(i) where the eligible producer is incorporated in New Brunswick, is an officer or shareholder of the eligible producer,
(ii) where the eligible producer is incorporated outside New Brunswick, is a principal officer of the eligible producer in New Brunswick,
(iii) is engaged in the business of farming as his or her principal occupation, and
(iv) resides in the District.
7(3)A designated representative of an eligible producer that is a partnership may hold office as a member representing a District if
(a) the eligible producer
(i) has filed the designation with the Board,
(ii) has filed a declaration with the Board that the designated representative is a partner of the eligible producer, and
(iii) resides in the District, and
(b) the designated representative
(i) is a partner of the eligible producer,
(ii) is engaged in the business of farming as his or her principal occupation, and
(iii) resides in the District.
7(4)No individual may stand for election as a member or act as a member for more than one District at the same time.
7(5)A designated representative shall hold office as a member only for so long as he or she remains a designated representative.
7(6)Where an eligible producer notifies the Board that an individual who is a member has ceased to be its designated representative or where it is brought to the attention of the Board that an individual who is a member has ceased to be the designated representative of an eligible producer, the Board shall declare the member’s position vacant.
7(7)Notwithstanding any other provision in this section, the Board may exempt a person from a residency requirement in this section and permit the person to stand for election as a member or act as a member for a District other than the District in which the person resides.
7(8)A person who is exempted under subsection (7) shall not stand for election as a member or act as a member for any District other than the District permitted under subsection (7).
Nominations
8(1)Nominations for the position of member may be in writing.
8(2)Written nominations shall be signed by 10 or more eligible producers.
8(3)Written nominations must be received by the Board at least 10 days before the date fixed for a District meeting.
8(4)Nominations may also be made from the floor at a District meeting.
Annual general meetings
9(1)The Board shall hold an annual general meeting of producers and designated representatives on the date fixed by the Board
(a) to review the operations of the Board and the Plan,
(b) to review the financial statements of the Board for the previous fiscal year, and
(c) to consider any other matter raised by producers and designated representatives concerning the production and marketing of the regulated product.
9(2)Subject to subsection (3), the Chair of the Board shall chair an annual general meeting.
9(3)Where the Chair of the Board is unable to chair an annual general meeting, the members present at the meeting shall select the chair of the meeting.
9(4)The Secretary-Manager of the Board shall act as secretary of an annual general meeting or in his or her absence, the chair may appoint a person to be the secretary of the meeting.
District meetings
10(1)Each year the Board shall hold at least 2 meetings for each District on the dates fixed by the Board.
10(2)District meetings shall be held to
(a) elect members to represent the District, and
(b) consider any other matter raised by producers and designated representatives concerning the production and marketing of the regulated product.
10(3)The District meeting to elect members to represent the District shall be held immediately before the annual general meeting of producers and designated representatives.
10(4)Subject to subsection (5), the members shall determine the chair of each District meeting.
10(5)Where the members do not make a determination under subsection (4), the eligible producers and designated representatives present at the District meeting shall select the chair of the District meeting.
10(6)The Secretary-Manager of the Board shall act as secretary of a District meeting or in his or her absence, the chair may appoint an individual to be the secretary of the meeting.
Notice of meeting
11(1)Notice of an annual general meeting or a District meeting shall be given in writing setting out the date, time and place fixed for the meeting.
11(2)At least 7 days before the date fixed for an annual general meeting or a District meeting, the notice shall be delivered or mailed to each producer and designated representative in the regulated area or the District, as the case may be, at the last address of the producer or designated representative recorded by the Board.
11(3)The notice shall be deemed to have been given when it is delivered or mailed.
11(4)A notice that is mailed shall be deemed to have been received 3 days after being deposited in a post office or a letter box.
11(5)The Board may change or cause to be changed the recorded address of a producer or designated representative in accordance with the information believed by it to be reliable.
Voters list
12(1)One month before an annual general meeting or a District meeting, the Board shall prepare a voters list for the regulated area or the District, as the case may be.
12(2)A voters list for the regulated area shall contain the names of eligible producers and designated representatives who are qualified to vote in the regulated area according to the records of the Board and shall be arranged in alphabetical order.
12(3)A voters list for a District shall contain the names of eligible producers and designated representatives who are qualified to vote in that District according to the records of the Board and shall be arranged in alphabetical order.
12(4)A voters list shall be available for inspection at an annual general meeting or a District meeting, as the case may be.
12(5)Additions to or deletions from a voters list may be made at any time by the Board where it receives sufficient evidence as to qualifications to vote.
12(6)Where there is a dispute as to the qualifications to vote, the Commission shall settle the dispute.
Qualifications of voters at annual general meetings
13(1)Subject to subsection (2), a person shall not vote at an annual general meeting unless the person
(a) is an individual,
(b) subject to subsections 12(5) and (6), is named on the voters list for the regulated area,
(c) is an eligible producer, and
(d) resides in the regulated area.
13(2)A designated representative of an eligible producer may vote at an annual general meeting 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, and
(iii) resides in the regulated area, and
(b) the designated representative
(i) subject to subsections 12(5) and(6), is named on the voters list for the regulated area,
(ii) where the eligible producer is a corporation or cooperative, is a principal officer or shareholder of the eligible producer,
(iii) where the eligible producer is a partnership, is a partner of the eligible producer,
(iv) is engaged in the business of farming as his or her principal occupation, and
(v) resides in the regulated area.
Qualifications of voters at District meetings
14(1)Subject to subsection (2), a person shall not vote at a District meeting unless the person
(a) is an individual,
(b) subject to subsections 12(5) and (6), is named on the voters list for the District,
(c) is an eligible producer, and
(d) resides in the District.
14(2)A designated representative of an eligible producer may vote at a District meeting 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, and
(iii) resides in the District, and
(b) the designated representative
(i) subject to subsections 12(5) and (6), is named on the voters list for the District,
(ii) where the eligible producer is a corporation or cooperative, is a principal officer or shareholder of the eligible producer,
(iii) where the eligible producer is a partnership, is a partner of the eligible producer,
(iv) is engaged in the business of farming as his or her principal occupation, and
(v) resides in the District.
14(3)Notwithstanding any other provision in this section, the Board may exempt a person from a residency requirement in this section and permit the person to vote in a District other than the District in which the person resides.
14(4)A person who is exempted under subsection (3) shall not vote in any District other than the District permitted under subsection (3).
Election of members
15(1)The voting for membership on the Board at a District meeting shall be by secret ballot.
15(2)The counting of the ballots shall be supervised by scrutineers appointed by the chair of the District meeting with the consent of the persons qualified to vote under section 14 who are present at the meeting or in the absence of such consent, with the consent of a member of the Commission.
15(3)An individual voting in an election is entitled to vote only once in the election.
15(4)No individual shall be elected as a member unless he or she receives a majority of the votes cast at the District meeting.
15(5)The result of the election shall be announced at the District meeting and sent to the Commission.
Vacancy on Board
16(1)If a position on the Board is not filled after an election for a District, or a member representing a District becomes unwilling or unable to act, or a vacancy on the Board in respect of a District occurs for any other reason, the Board shall, subject to subsections 3(8) and 4(2), appoint at the next regular meeting of the Board a person qualified under section 7 from that District to fill the vacancy.
16(2)Where no person from the District is willing to be appointed under subsection (1), the Board shall, subject to subsections 3(8) and 4(2), appoint a person who is otherwise qualified under section 7 and is from another District to fill the vacancy.
16(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
17The 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
18The 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
19The 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
20The Board may make by-laws that are not inconsistent with the Act, the regulations under the Act or the Plan.
Transitional provision
21The Chairman, Vice-Chairman, Executive Director and Treasurer, immediately before the commencement of this Regulation, of the New Brunswick Potato Agency shall continue as the Chair, Vice-Chair, Secretary-Manager and Treasurer of Potatoes New Brunswick as if they had been appointed under the by-laws of the Board, until they are reappointed or replaced under the by-laws.
Commencement
22This Regulation comes into force on March 1, 2006.
N.B. This Regulation is consolidated to October 1, 2014.