Acts and Regulations

2015-18 - York-Sunbury-Charlotte Forest Products Marketing Board, 2015 to 2018

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2015-18
under the
Natural Products Act
Filed June 4, 2015
Under various sections of the Natural Products Act, the Commission makes the following regulation:
Citation
1This Regulation may be cited as the York-Sunbury-Charlotte Forest Products Marketing Board Regulation, 2015 to 2018 - Natural Products Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Natural Products Act. (Loi)
“Board” means the York-Sunbury-Charlotte Forest Products Marketing Board, also known as the Y.-S.-C. Forest Products Marketing Board. (Office)
“district” means a district referred to in section 4. (district)
“member” means a member of the Board. (membre)
“owner” means a person who owns or has legally enforceable cutting rights by virtue of ownership, lease or contract on a private woodlot of ten hectares or more in the regulated area. (propriétaire)
“Plan” means the plan established for the Board under the New Brunswick Forest Products Marketing Plan Regulation - Natural Products Act.(Plan)
“producer” means an owner who markets or produces and markets the regulated product. (producteur)
“regulated area” means the regulated area specified for the Board in subsection 6(7) of the New Brunswick Forest Products Marketing Plan Regulation - Natural Products Act.(zone réglementée)
“regulated product” means the regulated product as defined in the New Brunswick Forest Products Marketing Plan Regulation - Natural Products Act.(produit réglementé)
Application of regulation
3Despite New Brunswick Regulation 2005-148 under the Act, this Regulation applies from the commencement of this Regulation to the date of the first meeting of the Board that follows the annual meeting of delegates in 2018, both dates inclusive.
Organization of Board
4The Board shall consist of eleven members with one member representing each of the following districts:
(a) District 1, bounded on the west by the York-Carleton and the York-Victoria county line, on the northeast by the York-Northumberland county line, on the east by the York-Sunbury county line and on the south as follows: Beginning at a point where the southern boundary of the Bantalor Wildlife Management Area meets the York-Sunbury county line; then following the southern boundary of the said wildlife management area in a northwesterly direction to the southwestern corner of the said wildlife management area; then northerly, following the western boundary of the said wildlife management area, crossing the Lower Durham Road, to a tributary of McKenzie Brook; then westerly along the said tributary to McKenzie Brook; then westerly along the said brook to intersect Fraser Brook; then southerly along Fraser Brook to the Wellington Road; then southwesterly along the said road to the Zionville Road to intersect with Route 8 at Taymouth; then following Route 8 in a westerly direction, crossing the Nashwaak River, to where Route 8 intersects the Tay River; then northwesterly along the said river until it meets the Douglas-Saint Marys parish line; then southerly along the said line until it intersects South Branch Dunbar Stream; then westerly along South Branch Dunbar Stream, crossing Route 620, until it first intersects the large Crown Land block west of Route 620; then in a northwesterly direction to the intersection of the Keswick River and the Douglas-Bright parish line at the mouth of Howard Brook; then northwesterly along the said line to intersect the York-Carleton county line;
(b) District 2, bounded on the west by the York-Carleton county line, on the south by the Saint John River, on the north by the southern boundary of District 1 and on the east as follows: Beginning at a point on the bank of the Saint John River at Bear Island, directly opposite the intersection of Route 105 and the Scotch Lake Road, then from the river bank in a northerly direction following the Scotch Lake Road to where it intersects the Old Springfield Road at Scotch Lake; then along the Old Springfield Road until it meets Route 615 at Springfield; then following a line in a northerly direction, crossing Route 104 between Zealand and Brewers Mills and passing to the west of Stoneridge, to intersect the southern boundary of District 1 at Middle Brook;
(c) District 3, bounded on the west by the eastern boundary of District 2, on the north by the southern boundary of District 1, on the east by the Douglas-Saint Marys parish line and on the south by the Saint John River;
(d) District 4, bounded on the west by the Douglas-Saint Marys parish line, on the north by the southern boundary of District 1, on the east by the York-Sunbury county line and on the south by the Saint John River;
(e) District 5, comprised of the parishes of Maugerville, Sheffield and Northfield in Sunbury County;
(f) District 6, comprised of the parishes of Canterbury and North Lake in York County;
(g) District 7, bounded on the east by the New Maryland-Manners Sutton parish line, on the south by the York-Charlotte county line and the international boundary between Canada and the United States of America, on the west by the eastern boundary of District 6, on the north by the Saint John River and on the northeast by the southwestern boundary of District 8;
(h) District 8, bounded on the north and northwest by the Saint John River, on the east by the Sunbury-Queens county line and on the southwest and south as follows: Beginning at a point where the Trans-Canada Highway intersects Longs Creek, then following the said creek in a southerly direction to the mouth of East Branch Longs Creek; then easterly along East Branch Longs Creek until it meets Route 640 (Hanwell Road); then southerly along Route 640 (Hanwell Road) to intersect the northern boundary of the Crown Land block known as the Ruffed Grouse Study Area, on the east side of Route 640 (Hanwell Road); then southeasterly along the said northern boundary to intersect the Kingsclear-New Maryland parish line; then in a southeasterly direction to intersect the Lincoln-Gladstone parish line where it meets the York-Sunbury county line; then easterly along the said parish line until it meets the Sunbury-Queens county line;
(i) District 9, bounded on the west by the New Maryland-Manners Sutton parish line, on the north by the southwestern and southern boundary of District 8, on the east by the Sunbury-Queens county line and on the southwest by the York-Sunbury-Charlotte county line, and including also the parish of Clarendon in Charlotte County;
(j) District 10, comprised of the parishes of Dumbarton, Saint James, Saint David, Saint Stephen, Dufferin, Saint Croix, Saint Andrews and Saint Patrick in Charlotte County; and
(k) District 11, comprised of the parishes of Saint George, Pennfield, Lepreau, West Isles and Campobello in Charlotte County.
Appointment of members and term of office
5(1)The Commission may appoint a person who meets the requirements set out in section 7 as a member and set the term of office of any member appointed.
5(2)If a member appointed under subsection (1) resigns, the Commission may appoint a person who meets the requirements set out in section 7 to serve the remainder of that member’s term of office.
Election of members
6(1)On the expiry of the term of office of a member appointed under this Regulation, the vacancy on the Board shall be filled by the election of a member in accordance with section 8.
6(2)Only a person who meets the requirements set out in section 7 is eligible to be elected as a member.
6(3)The term of office of a member elected under section 8 is three years and commences at the meeting of the Board that follows the annual meeting of delegates.
Qualifications of members
7A person shall not hold office as a member unless that person
(a) is a producer in the district that he or she is to represent, or
(b) resides in the district that he or she is to represent and is a producer in another district.
Annual district meeting of producers
8(1)The Board shall call an annual district meeting of producers in each district of the regulated area.
8(2)The annual district meeting of producers shall be held within the ten-week period before the annual meeting of delegates at a date set by the Board.
8(3)Notice of the annual district meeting of producers indicating the date, time and place set for the meeting shall
(a) be published at least once every week for two consecutive weeks in a newspaper published in the Province and having general circulation in the regulated area, or
(b) be broadcast at least three times every week for two consecutive weeks by means of radio or television having general transmission in the regulated area.
8(4)At the annual district meeting of producers, the producers shall elect one member, if the term of office of the member for the district appointed under this Regulation is expiring.
Registration of delegates
9(1)Any producer in the regulated area may register to be a delegate for the annual meeting of delegates
(a) at the annual district meeting of producers, or
(b) at any office of the Board at least ten days before the annual meeting of delegates.
9(2)At the annual meeting of delegates, a delegate may represent any district in which the delegate lives or owns a woodlot but may not represent more than one district in any one year.
Annual meeting of delegates
10(1)The Board shall call an annual meeting of delegates.
10(2)The annual meeting of delegates shall be held each year in the month of April, May or June at a date set by the Board.
10(3)Notice of the annual meeting of delegates indicating the date, time and place set for the meeting shall
(a) be sent to every delegate at the latest known address of the delegate on file with the Board,
(b) be published at least once every week for two consecutive weeks in a newspaper published in the Province and having general circulation in the regulated area, or
(c) be broadcast at least three times every week for two consecutive weeks by means of radio or television having general transmission in the regulated area.
10(4)A report of activities and the financial statements of the Board shall be presented at the annual meeting of delegates.
10(5)Any producer may attend the annual meeting of delegates but only delegates may vote at the meeting.
10(6)The chair of the Board, or in his or her absence the vice-chair of the Board, shall preside at the annual meeting of delegates, but in the event of the absence of both, a member elected by a majority of the delegates present shall preside at the meeting.
10(7)All matters of decision at the annual meeting of delegates shall be decided by majority vote of delegates present and in the event of a tie, the chair of the meeting shall cast the deciding vote.
Powers of Board
11The following powers are vested in the Board:
(a) 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;
(b) to conduct a pool or pools for the distribution of money received from the sale of the regulated product, and, after deducting all expenses, to distribute the remainder of the money so that the payment to each person entitled to share is based on the amount, class, variety and grade of the regulated product delivered by him or her, and to make an initial payment on delivery of the regulated product and subsequent payments until the remainder of the money received from the sale is distributed; and
(c) to appoint officers and employees, assign their duties and fix their remuneration.
Government of Board
12The government of the Board shall be conducted according to the by-laws set out in Schedule A.
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 or the Plan.
By-laws
14The Board may make by-laws that are not inconsistent with the Act, the regulations or the Plan.
SCHEDULE A
BY-LAWS
Head office
1The head office of the Board shall be at the place within the regulated area determined by the Board.
Appointment of officers
2At the meeting of the Board following the annual meeting of delegates, members shall appoint from among themselves the officers of the Board.
Voting and quorum
3(1)Decisions of the Board shall be decided by majority of the votes of the members present.
3(2)In the event of an equality of votes, the chair of the Board, in addition to his or her original vote, shall cast the deciding vote.
3(3)For all meetings of the Board, including telephone conferences, a quorum of the Board shall be six members.
Telephone conferences
4(1)Decisions of the Board in the case of urgency may be made by telephone conference whereby all persons participating can hear one another.
4(2)No advance notice of the telephone conference need be given, but the person calling the meeting must attempt to contact all members within the Province, including the manager, to enable them to participate in the meeting.
4(3)A telephone conference may be called by the chair or vice-chair of the Board, with the consent of another member.
4(4)Participation in a telephone conference constitutes presence in person of each person participating.
Resignation of a member
5(1)A member elected under section 8 of this Regulation may resign from office by filing his or her resignation in writing with the secretary of the Board.
5(2)If a member resigns under subsection (1), the Board may nominate a person who meets the requirements set out in 7 of this Regulation to fill the vacancy.
Reprimand and suspension
6The Board may, for cause, suspend a member elected under section 8 of this Regulation from office for a period not exceeding six months, or reprimand the member.
Absence at meetings
7(1)The Board may remove any member elected under section 8 of this Regulation from office for failure to attend three consecutive Board meetings without reasonable excuse.
7(2)If a member is removed from office under this section, the Board shall nominate a producer who meets the requirements set out in section 7 of this Regulation to fill the vacancy.
7(3)The term of office of a person nominated under subsection (2) shall end at the next annual district meeting of producers.
Removal from office
8(1)The Commission may remove from office for cause or for incapacity any member appointed in accordance with this Regulation and may appoint a person who meets the requirements of section 7 of this Regulation to serve the remainder of that member’s term of office.
8(2)The Commission may remove from office for cause or for incapacity any member who held office immediately before the commencement of this Regulation.
8(3)The Board may recommend that a member elected under section 8 of this Regulation be removed from office for cause or for any incapacity.
8(4)If the Board recommends under subsection (3) that a member be removed from office, the Board shall call a special district meeting of producers.
8(5)The special district meeting of producers shall be held within 30 days following the date of the recommendation, at a date set by the Board.
8(6)Notice of the special district meeting of producers indicating the date, time and place set for the special meeting shall
(a)be published at least once every week for two consecutive weeks in a newspaper published in the Province and having general circulation in the regulated area, or
(b)be broadcast at least three times every week for two consecutive weeks by means of radio or television having general transmission in the regulated area.
8(7)At least 15 days before the special district meeting of producers, the Board shall serve the member who is the subject of the Board’s recommendation a written notice indicating the date, time and place set for the meeting with a detailed statement of the reasons for the recommendation made by the Board.
8(8)A member elected under section 8 of this Regulation may be removed from office at the special district meeting of producers by majority vote of the producers present at the meeting.
8(9)If a member elected under section 8 of this Regulation is removed from office under this section, the producers shall, at the special district meeting of producers, elect a producer who meets the requirements set out in section 7 of this Regulation to fill the vacancy.
8(10)The term of office of a person elected under subsection (9) shall end at the next annual district meeting of producers.
8(11)If a member elected under section 8 of this Regulation is removed from office under this section, the Board shall, within 14 days following the date of the special district meeting of producers, serve the member with a written notice of the decision made at the meeting and a copy of the minutes of the meeting, certified by the secretary of the meeting.
8(12)Service of the notice under subsection (7) or (11) shall be made
(a)in person, to the recipient or to an adult living at the address of the recipient, or
(b)by mailing the notice by prepaid registered mail or prepaid courier to the latest known address of the member on file with the Board, in which case service is deemed to have taken place five days after the notice is mailed.
Vacancy does not impair Board
9A vacancy on the Board does not impair the capacity of the Board to act.
Banking, bonding and borrowing
10(1)Subject to section 26 of the Act, the Board shall have the power to borrow money upon the credit of the Board and to hypothecate, mortgage or pledge all or any of the real or personal property of the Board, including book debts, to secure any money borrowed or other liability of the Board.
10(2)Any banking business of the Board shall be transacted with a bank, trust company or other firm or corporation carrying on a banking business that the Board may designate, appoint or authorize by resolution, and any such banking business shall be transacted on the Board’s behalf by the treasurer or any other person who may be designated by the Board by resolution.
Audits
11(1)The Board shall keep proper books of account that shall be audited for each business year by an auditor, appointed by the delegates at the annual meeting of delegates, and approved by the Commission.
11(2)A report of the audit, accompanied by a report of the operations of the Board, shall be presented to delegates at the annual meeting of delegates, and a copy, signed by two members, one of whom is the chair of the Board, shall be forwarded without delay to the Commission.
11(3)Financial audits shall be conducted in conformity with the policy and requirements of the Commission concerning financial audits of boards.
Signature on certain documents
12(1)All cheques, drafts, orders for the payment of money and promissory notes, acceptances and bills of exchange shall be signed by two employees designated by the Board or by two people from among an employee designated by the Board and the chair, vice-chair, secretary and treasurer of the Board.
12(2)Contracts, documents or written instruments, with the exception of commercial documents prepared in the normal course of business, that require the signature of the Board shall be signed by two members from among the chair, vice-chair, secretary and treasurer of the Board.
Indemnity and expenses
13Members may be paid a reasonable daily allowance, together with necessary travel expenses, when attending meetings or discharging other duties assigned by the Board.
General
14(1)Minutes of all meetings of the Board, including telephone conferences, shall be taken by a person designated by the Board, who shall mail them to each member of the Board within seven days after the date of the meeting, and recorded and confirmed at the following meeting of the Board.
14(2)The Board shall forward to the secretary of the Commission a copy of all orders and decisions of the Board and a copy of the minutes of all meetings of the Board.
N.B. This Regulation is consolidated to June 4, 2015.