5(1)Where an eligible producer is a corporation, partnership or cooperative and wishes to vote or be elected as a member in an election or vote at an annual 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 Agency.

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 individual appointed as a designated representative of an eligible producer under subsection (1) shall vote in an election or at an annual district meeting or be elected as a member on behalf of the eligible producer.

6(1)Subject to subsections (2) and (3), unless a person is an individual and is an eligible producer in the district, a person shall not

6(2)A designated representative of an eligible producer that is a corporation or cooperative may sign nomination papers for a prospective candidate, vote in an election and hold office as a member if

6(3)A designated representative of an eligible producer that is a partnership may sign nomination papers for a prospective candidate, vote in an election and hold office as a member if

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 an eligible producer notifies the Agency that an individual has ceased to be its designated representative, the Agency shall declare the member’s position vacant.

6.1(1)An election of a member shall be held on the date fixed by the Agency.

6.1(2)The Agency shall send an announcement of the date of the election

6.1(3)An announcement under subsection (2) shall be sent at least 60 days before the date of the election.

6.1(4)The announcement shall contain the list prepared under section 9, and, if applicable, the names of the designated representatives who are eligible for election as the member representing the district or as a member at large, or both, as the case may be.

6.1(5)A candidate for election as a member shall file nomination papers with the Agency at its head office at least 30 days before the date of the election.

6.1(6)A person who is an eligible producer in both districts may be a candidate in only one district in each election and shall declare in the nomination papers the district in which the person intends to be a candidate.

6.1(7)Nomination papers shall be signed by the candidate and three other persons who are eligible to sign.

6.1(8)At least 15 days before the date of the election, the Agency shall mail a ballot form with directions for its proper completion to each eligible producer in the district or districts, as the case may be, in which the election is to be held, together with the list of nominated candidates.

6.1(9)Completed ballots, postmarked no later than the date of the election, shall be mailed to the Commission.

6.1(10)The winner of the election shall be the candidate with the largest number of properly completed ballots in the candidate’s favour.

6.1(11)The Commission shall count the ballots and forward the result of the election to the Agency which shall notify the producers of the district or districts, as the case may be.

6.2(1)Only eligible producers whose names appear on the list prepared under section 9 are entitled to vote in an election.

6.2(2)A person who is an eligible producer in both districts may vote in only one district each year and shall inform the Agency of the district in which the person intends to vote before an election.

6.2(3)An individual voting in an election is entitled to vote only once in the election.

6.2(4)If there is a dispute as to a person’s or individual’s entitlement to vote, the Commission shall settle the dispute.

7(1)In accordance with this section, the Agency shall call an annual district meeting of eligible producers for each district

7(2)An annual district meeting of eligible producers shall be held on the date fixed by the Agency.

7(3)Notice of an annual district meeting setting out the date, time and place fixed for the meeting shall be published in a newspaper published in the Province and having general circulation in the regulated area.

7(4)Notice shall be published under subsection (3) at least 7 days before the date fixed for the annual district meeting.

7(5)One of the elected members representing the district shall act as chair of an annual meeting of that district unless none of the elected members are able or willing to act, in which case, the eligible producers and designated representatives present at the meeting shall choose one among them to be the chair.

7(6)The Secretary-Manager of the Agency shall act as secretary of an annual district meeting or in his or her absence, the chair may appoint an individual to be the secretary of the meeting.

8(1)An eligible producer or designated representative shall notify the Agency of any change of his or her recorded address not later than 14 days after the change.

8(2)Where, in the opinion of the Agency, a change has occurred in the address of an eligible producer or designated representative, the Agency may change the recorded address.

9(1)The Agency shall prepare a list of eligible producers.

9(2)The list of eligible producers shall be

9(3)Additions to or deletions from the list of eligible producers may be made at any time by the Agency where it receives sufficient evidence as to qualifications to vote.

10(1)Subject to subsections (2) and (3), only eligible producers whose names appear on the list of eligible producers are entitled to vote at an annual district meeting.

10(2)Where the Agency has not prepared the list of eligible producers required by subsection 9(1), a producer who proves to the satisfaction of the chair at an annual district meeting that he or she is an eligible producer is entitled to vote at the annual district meeting.

10(3)A producer whose name is not on the list of eligible producers and who proves to the satisfaction of the chair at an annual district meeting that he or she is an eligible producer is entitled to vote at the annual district meeting.

11(1)If a position is not filled after an election for a district, or a member representing a district becomes unwilling or unable to act, or a vacancy in respect of a district occurs for any other reason, the Agency shall, subject to subsection 3(4), appoint at the next regular meeting of the Agency or the next annual meeting for that district, whichever occurs first, a person qualified under section 6 from that district to fill the vacancy.

11(2)Where no person from the district is willing to be appointed under subsection (1), the Agency shall, subject to subsection 3(4), appoint a person who is otherwise qualified under section 6 from another district to fill the vacancy.

11(3)A member appointed under this section shall hold office for the remainder of the term of the member whose position was vacated.