Acts and Regulations

82-231 - Agricultural Societies

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Revoked on 1 January 2018
NEW BRUNSWICK
REGULATION 82-231
under the
Agricultural Associations Act
(O.C. 82-986)
Filed December 13, 1982
Under section 6 of the Agricultural Associations Act, the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2017, c.55, s.2
1This Regulation may be cited as the Agricultural Societies Regulation - Agricultural Associations Act.
2In this Regulation
“Act” means the Agricultural Associations Act.(loi)
2000, c.26, s.10
3When twenty-five or more persons petition the Lieutenant-Governor in Council for letters patent of incorporation as an agricultural society under the Act and comply with the following conditions:
(a) subject to the provisions of section 14, subscribe and pay not less than fifty dollars before the petition is presented to the Lieutenant-Governor in Council;
(b) specify the objects, if any, sought to be promoted by such agricultural society; and
(c) state the number of the district in which such agricultural society is to be located;
the Lieutenant-Governor in Council may issue to the persons named in the petition letters patent of incorporation under the Act, and the corporate name of such agricultural society shall be “The Agricultural Society of District Number___________________ ”.
4A petition for letters patent of incorporation as an agricultural society shall be in Form 1.
5The petition shall be filed with the Minister who shall present it to the Lieutenant-Governor in Council with such report as he may deem proper.
6The objects for which an agricultural society may be incorporated under the Act are:
(a) the encouragement and promotion of
(i) improved methods of dairying,
(ii) the breeding of improved stock,
(iii) improved methods of fruit raising, and
(iv) improved methods of agriculture and horticulture;
(b) the dissemination of literature and other information relating to agriculture and stock raising; and
(c) generally for the promotion of agriculture.
7All agricultural societies established before November 1, 1963 are deemed to have had horse racing as one of the objects for which they were incorporated and to have had the necessary power to carry out that object.
8An agricultural society incorporated under the Act shall continue to be a corporation and be entitled to the benefits of the Act and this Regulation only so long as it shall, subject to the provisions of section 15, have a membership of at least twenty-five members and shall raise by subscription at least the sum of fifty dollars, on or before the first day of November in each year, and the amount of such subscription shall be in the treasurer’s hands by that date.
9The Lieutenant-Governor in Council may, at any time it appears to be in the public interest, or when it appears that an agricultural society incorporated under the Act is employing powers and privileges conferred upon it by the Act and this Regulation in a manner other than is calculated to promote the interests of agriculture, cancel the letters patent of incorporation of the society, but no letters patent shall be cancelled until the grounds of complaint against the society have been communicated in writing to the secretary of the society and until the society has had an opportunity to be heard in its own defence, and the Minister shall make a full report thereof to the Lieutenant-Governor in Council.
10The sum granted by the Legislature and available for general distribution among the agricultural societies shall, until otherwise prescribed, be divided on the following basis:
(a) one-half equally among the societies; and
(b) one-half pro rata according to the amount of the paid subscription list of each society for the year preceding.
11The grant referred to in section 10 shall in all cases be subject to such reduction as the Minister deems proper to make by way of fine or otherwise, but the decision of the Minister in that regard shall be subject to appeal to the Lieutenant-Governor in Council.
12Every agricultural society incorporated under the Act shall file with the Minister on or before the first day of December in each year
(a) a copy of its audited annual financial statement, or
(b) if the agricultural society has been in operation for less than a year, a copy of its audited financial statement for the part of the year that it has been in operation,
in such form as the Minister may prescribe.
13Every agricultural society incorporated under the Act shall file with the Minister on or before the first day of December in each year a complete list of the members of the society during the year then next preceding with a statement of the fees received from the members in such form as the Minister may prescribe.
14An agricultural society not filing its accounts on or before the first day of December in any year shall not be entitled to a grant for the next year unless the Minister, on good cause shown for the delay, shall otherwise recommend.
15In case it shall be made to appear to the satisfaction of the Minister that by reason of the sparse settlement of a district, or for some other good cause, it is not possible to obtain a membership of twenty-five or a subscription of fifty dollars, the Minister, on application being made to him by petition reciting the facts, may inquire into the same and report thereon to the Lieutenant-Governor in Council with such recommendation as he may think proper and the Lieutenant-Governor in Council may permit the establishment of an agricultural society in the district, with a membership of less than twenty-five and a subscription of less than fifty dollars, but the Lieutenant-Governor in Council may at any time require the society to increase its subscription and membership to the limit provided by section 3 upon pain of forfeiture of its status under the Act.
16Societies incorporated under the Act may:
(a) hold meetings for discussion and for hearing lectures on subjects connected with the theory and practice of agriculture, improved husbandry and kindred arts;
(b) promote the circulation of agricultural and horticultural periodicals or periodicals devoted exclusively to stock-raising;
(c) import or otherwise procure seeds, plants and animals of new and valuable kinds;
(d) offer prizes for essays on agriculture, horticulture, dairying, fruit raising and stock raising;
(e) award premiums for excellence in stock, agricultural products, fruits, vegetables, plants and flowers; and
(f) generally offer prizes and award premiums for excellence in any agricultural or horticultural production or operation.
17If an agricultural society proposes to hold a show at which prizes are to be awarded, the prize list shall be sent to the Minister at least two months before the date at which the show is to be held and the Minister may, if he deems proper, direct such alteration to be made therein as he believes best calculated to promote the interests of agriculture, but if the Minister does not direct any changes to be made in the list within one month after the same has been filed, the list shall be deemed approved.
18An agricultural society incorporated under the Act may appropriate part of its corporate funds to defray the expenses of one or more representatives to the annual session of the Provincial farmers association under such conditions as shall be approved by the Minister.
19It shall be the duty of the officers of every agricultural society to assist the Minister in the collection of statistical and other information relating to agriculture as he may from time to time require and the secretary of every agricultural society shall, on or before the first day of December each year, file with the Minister a report on agricultural matters within his district, in such form as the Minister may prescribe.
20Every agricultural society shall, as soon as may be after receiving its letters patent, adopt a code of by-laws for its government similar to the code set forth in Form 2 and the society’s by-laws shall not be inconsistent with the Act or this Regulation as amended from time to time and shall not go into operation without the sanction of the Minister.
21If authorized by the Minister, the duties imposed on the Minister by this Regulation may be discharged and the authority conferred on the Minister under this Regulation may be exercised by a deputy head designated by the Minister who administers the Opportunities New Brunswick Act.
2000, c.26, s.10; 2012, c.39, s.9; 2015, c.2, s.60
22Nothing in this Regulation shall prevent any person residing in one district from subscribing to and becoming a member of an agricultural society in another district.
23An agricultural society incorporated under section 3 of the Act is hereby empowered to borrow money to meet any current indebtedness and to give a promissory note, signed by the president and secretary, to any corporation or individual for such amount as the directors may by resolution authorize.
24The fees levied upon its members by an agricultural society shall be equal in amount, except in the case of a society which proposes to buy a good pure bred bull for the use of certain of its members and which desires to collect larger fees from such members, but in all cases the permission of the Minister must be first obtained before there may be any variation in the amounts of fees collected from the members of society.
25Regulation 5, Statutory Orders and Regulations, 1963, under the Agricultural Associations Act is repealed.
N.B. This Regulation is consolidated to January 1, 2018.