Acts and Regulations

2010-108 - Cranberry Plan Administration

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2010-108
under the
Natural Products Act
Filed July 14, 2010
Under sections 19 and 35 of the Natural Products Act, the Commission makes the following Regulation:
Citation
1This Regulation may be cited as the Cranberry Plan Administration Regulation - Natural Products Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Natural Products Act.(Loi)
“Agency” means Canneberges NB Cranberries.(Agence)
“designated representative” means an individual appointed under section 5.(représentant désigné)
“member” means a member of the Agency.(membre)
“person” means an individual, corporation, partnership or cooperative.(personne)
“Plan” means the Plan as defined in the Cranberry Plan and Levies Regulation - Natural Products Act.(Plan)
“producer” means a person who cultivates the regulated product on more than 1 acre of land in the regulated area.(producteur)
“regulated area” means the regulated area as defined in the Cranberry Plan and Levies Regulation - Natural Products Act.(zone réglementée)
“regulated product” means the regulated product as defined in the Cranberry Plan and Levies Regulation - Natural Products Act.(produit réglementé)
Membership of Agency
3(1)The Agency shall consist of 6 members elected at large.
3(2)Despite subsection (1), the first members of the Agency shall be appointed by the Commission and continue in office until their successors are elected as members.
3(3)An individual shall only sit as 1 member during his or the term of office.
Term of office
4Each elected member shall hold office for a 3-year term and shall assume office at the first meeting of the Agency after the election.
Designated representative
5(1)Where a producer is a corporation, partnership or cooperative, the producer shall appoint 1 individual as a designated representative to act on behalf of the producer and shall file the designation with the Agency.
5(2)Where a producer is an individual, the producer may appoint another individual as a designated representative to act on behalf of the producer and shall file the designation with the Agency.
5(3)Only the designated representative appointed by a producer under subsection (1) or (2) shall hold office as a member on behalf of the producer and vote on his or her behalf at the annual meeting.
Qualifications of members
6(1)Subject to subsections (2) and (3), a person shall not hold office as a member unless the person is a producer or a designated representative.
6(2)A designated representative shall hold office as a member only for so long as he or she remains a designated representative.
6(3)Where a producer notifies the Agency that an individual has ceased to be its designated representative, the Agency shall declare the member’s position vacant.
Annual meetings
7(1)In accordance with this section, the Agency shall call an annual meeting of producers for the following purposes:
(a) to review the operations of the Agency and the Plan;
(b) to review the financial statements of the Agency for the previous fiscal year;
(c) to elect the members; and
(d) to consider any other matter raised by producers and designated representatives concerning the promotion and research of the regulated product.
7(2)The annual meeting shall be held on the date fixed by the Agency.
7(3)Notice of the annual meeting shall be given in writing setting out the date, time and place fixed for the meeting.
7(4)At least 7 days before the date fixed for an annual meeting, the notice shall be delivered or mailed to each producer and designated representative at the last address of the producer or designated representative recorded by the Agency.
7(5)The notice shall be deemed to have been given by the Agency on the date it was delivered or mailed.
7(6)A notice that is mailed shall be deemed to have been received by the addressee 3 days after the date it was mailed.
7(7)The Chair of the Agency shall act as the chair of the annual meeting unless he or she is unable to act, in which case the Vice-Chair shall act as the chair. If the Vice-Chair is unable to act, the producers and designated representatives present at the meeting shall choose 1 among them to be the chair.
7(8)The General Manager of the Agency shall act as the secretary of the annual meeting or, in his or her absence, the chair may appoint an individual to act as the secretary of the meeting.
Change of address
8(1)A producer or designated representative shall notify the Agency of any change in 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 a producer or designated representative, the Agency may change the recorded address.
List of producers and designated representatives
9(1)One month before the date fixed for an annual meeting, the Agency shall prepare a list of the producers and designated representatives.
9(2)The list shall be
(a) arranged in alphabetical order, and
(b) based upon the records of the Agency.
9(3)The Agency may make additions to or deletions from the list at any time if it receives sufficient evidence as to qualifications to vote.
Voting at the annual meeting
10(1)Subject to subsections (2) and (3), only producers and designated representatives whose names appear on the list of producers and designated representatives are entitled to vote at an annual meeting.
10(2)Where the Agency has not prepared the list of producers and designated representatives required under subsection 9(1), any person who proves to the satisfaction of the chair at the annual meeting that he or she is a producer or designated representative is entitled to vote at the annual meeting.
10(3)Any producer whose name is not on the list and who proves to the satisfaction of the chair at the annual meeting that he or she is a producer or designated representative is entitled to vote at the annual meeting.
10(4)An individual voting in an election is entitled to vote only once in the election.
10(5)A producer who is an individual and has appointed a designated representative shall not vote at an election.
10(6)Where there is a dispute as to the qualifications to vote, the Commission shall settle the dispute.
10(7)The voting for the election of members shall be by secret ballot and the counting of the ballots shall be supervised by a scrutineer appointed by the chair of the annual meeting with the consent of the producers and designated representatives present at the meeting.
10(8)No producer or designated representative shall be elected as a member unless he or she receives a majority of the votes cast at the annual meeting.
Vacancy
11(1)If a position on the Agency is not filled after an election, or a member becomes unwilling or unable to act, or a vacancy occurs for any other reason, the Agency shall, subject to subsection 3(3), appoint at the next regular meeting of the Agency or the next annual meeting, whichever occurs first, a person qualified under section 6 to fill the vacancy.
11(2)A member appointed under this section shall hold office for the remainder of the term of the member whose position was vacated.
Removal of member
12The Agency may remove from office any member who
(a) has violated the Act, the regulations under the Act or an order of the Agency 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 Agency without reasonable excuse.
Powers of Agency
13The following powers are vested in the Agency:
(a) to exempt from the Plan respecting promotion or research of the regulated product any producer or class of producers;
(b) to appoint officers and employees, assign their duties and fix their remuneration;
(c) to undertake and assist in the promotion of the consumption and use of the regulated product, the improvement of the quality and variety of the regulated product and the publication of information in relation to the regulated product; and
(d) to undertake or to engage other persons to conduct research activities with respect to, and advertise and promote in any other manner, the regulated product.
Advisory committees
14The Agency may establish advisory committees to advise and to make recommendations to the Agency in respect of any matter respecting which the Agency is empowered to make orders under the Act, the regulations under the Act or the Plan.
By-laws
15The Agency may make by-laws that are not inconsistent with the Act, the regulations under the Act or the Plan.
Commencement
16This Regulation comes into force on August 1, 2010.
N.B. This Regulation is consolidated to July 14, 2010.