Acts and Regulations

92-135 - Representation Vote

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 92-135
under the
Inshore Fisheries Representation Act
(O.C. 92-824)
Filed October 13, 1992
Under section 19 of the Inshore Fisheries Representation Act, the Lieutenant-Governor in Council makes the following Regulation:
2018-38
1This Regulation may be cited as the Representation Vote Regulation - Inshore Fisheries Representation Act.
2In this Regulation
“Act” means the Inshore Fisheries Representation Act;(Loi)
“day” means a day other than a holiday as defined in the Interpretation Act.(jour)
3For the purposes of this Regulation, a document shall be deemed to have been served three days after it is mailed.
4If the Minister directs that a representation vote be taken under subsection 6(4) or 16(3) of the Act, the Minister shall
(a) establish a list of licence-holders for the region affected by the vote,
(b) determine the form of the ballot,
(c) set the number and location of the polling places,
(d) set the date and time for the taking of the vote,
(e) ensure that a notice of the taking of a representation vote in Form 1 or in Form 2, as the case may be, is posted in the places determined by the Minister,
(f) appoint a returning officer and a deputy returning officer,
(g) appoint such scrutineers as the Minister considers necessary,
(h) prohibit all publicity and electioneering during the seventy-two hours preceding the taking of the vote,
(i) take the vote by secret ballot in the manner set out in the notice of the taking of a representation vote, and
(j) establish the directions that the Minister considers necessary for the disposition of improperly marked ballots and of ballots that may be involved in a challenge to the vote.
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5(1)A scrutineer appointed under paragraph 4(g) shall
(a) verify the list of licence-holders entitled to vote,
(b) verify the identity of licence-holders entitled to vote when they cast their vote, and
(c) carry out the tasks required by the returning officer for the proper conduct of the vote.
5(2)In counting the votes, the scrutineer shall reject any ballots
(a) that were not provided by the scrutineer,
(b) that are not marked in favour of or against a recognition or in favour of or against a cancellation of recognition,
(c) on which more than one vote is marked, or
(d) on which the scrutineer finds writing or a mark that could identify the licence-holder entitled to vote.
6(1)Upon completion of the vote, the returning officer shall
(a) prepare a report of the vote,
(b) serve a copy of the report referred to in paragraph (a) and a notice of the report of the returning officer in Form 3 or in Form 4, as the case may be, on the organization or on the licence-holder affected by the representation vote, as the case may be, and
(c) file a copy of the report with the Minister.
6(2)If the Minister directs that the ballot box be sealed, the ballots shall not be counted until the Minister expressly so directs and the returning officer shall, after such directions are given in accordance with subsection 5(2), comply with paragraphs (1)(a), (b) and (c).
7The Minister shall ensure that copies of the report and the notice of the report of the returning officer are posted for a period of six days after the filing of the report under paragraph 6(1)(c) in conspicuous places where they are most likely to come to the attention of the licence-holders who are affected by the representation vote.
8(1)A licence-holder or an organization affected by a vote may, no later than the end of the period established for the posting under section 7 or no later than six days after service referred to in paragraph 6(1)(b) is effected, respectively, file with the Minister any representations or objections as to any matter relating to the vote or as to the accuracy of the report of the returning officer, as the case may be, by filing a statement of desire in Form 5, which may include a request for a hearing before the Minister.
8(2)The Minister may, if a statement of desire referred to in subsection (1) does not include a request for a hearing before the Minister, dispose of the statement informally in the manner that the Minister considers appropriate.
8(3)The Minister, if of the opinion that a statement of desire filed under subsection (1) that includes a request for a hearing before the Minister establishes a prima facie case in support of the relief requested, shall
(a) fix a date for the hearing, which shall be within sixty days after the statement of desire is filed, and
(b) serve a notice of hearing in Form 6, on any licence-holder or any organization that has filed the request and on any person who, in the opinion of the Minister, is an interested person, no later than ten days after the statement of desire is filed with the Minister.
8(4)The decision of the Minister in relation to a statement of desire under subsection (2) or in relation to a hearing before the Minister under paragraph (3)(a) is final.
9(1)The Minister, if of the opinion that a statement of desire that includes a request for a hearing under subsection 8(1) does not reveal a prima facie case in support of the relief requested, may reject the request, giving reasons in writing for the decision.
9(2)A licence-holder or organization whose request is rejected under subsection (1) may, no later than ten days after being served with the decision of the Minister, file with the Minister a request for review in Form 7.
9(3)A request for review under subsection (2) shall contain a concise statement of the facts and reasons upon which the request is based.
9(4)Upon receiving a request for review, the Minister may reconsider the request for a hearing and
(a) serve on the licence-holder or the organization that has filed the request and on any person who, in the opinion of the Minister, is an interested person, a notice of hearing on a form provided by the Minister, indicating the date, time and place of the hearing, or
(b) affirm the rejection of the request.
N.B. This Regulation is consolidated to May 15, 2018.