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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1175/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1175/96

Newfoundland Chicken Marketing Board Regulations
under the
Newfoundland Chicken Marketing Scheme
and
Natural Products Marketing Act
(O.C. 96‑940)

Under the authority of section 5 of the Newfoundland Chicken Marketing Scheme, the Natural Products Marketing Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definition

        3.   Authority for operation

        4.   Account supervision and signing authority

        5.   Signing of orders

        6.   Duties of secretary‑manager

        7.   Meeting agendas

        8.   Decision by members

        9.   Voting prohibited

      10.   Financial year

      11.   Accounts to be audited

      12.   Prohibition on auditor

      13.   Reports to be provided

      14.   Corporate seal

      15.   Special meeting

      16.   Employees' leave

      17.   Sick leave

      18.   Medical certificate required

      19.   Remuneration

      20.   Appointment to price negotiating agency

      21.   Change of regulations

      22.   Repeal


Short title

        1. These regulations may be cited as the Newfoundland Chicken Marketing Board Regulations.

263/80 s1

Definition

        2. In these regulations "board" means the Newfoundland Chicken Marketing Board.

Authority for operation

        3. The board shall operate within the power and authority provided by the Newfoundland Chicken Marketing Scheme which came into effect on April 1, 1980.

263/80 s2

Account supervision and signing authority

        4. (1) The secretary‑manager shall supervise all receipts and expenditures and present detailed accounts of them to the commodity board at a regular meeting.

             (2)  Cheques in the amount of $3,000 or less shall require the signature of any 2 of the secretary‑manager, his or her secretary or one member of the commodity board.

             (3)  Cheques in excess of $3,000 shall require the signature of one member of the commodity board and the secretary‑manager.

237/87 s1

Signing of orders

        5. All orders of the board shall be signed by the secretary‑manager.

263/80 s4

Duties of secretary‑manager

        6. The secretary‑manager of the board shall

             (a)  attend all meetings of the board and keep true minutes of them and shall send a copy of the minutes to each member of the board within 10 days after the meeting;

             (b)  receive all money, issue and sign cheques for payment of expenditures and present these cheques to the authorized board member for his or her signature;

             (c)  conduct the correspondence of the board;

             (d)  keep a record of all business transactions of the board, all annual statements, financial statements and auditor's reports;

             (e)  maintain at the office of the board copies of all regulations and orders of the board;

              (f)  deposit the funds of the board in a chartered bank as approved by the board;

             (g)  keep full and accurate books of account in which shall be recorded all receipts and disbursements of the board;

             (h)  prepare reports showing financial position of the board as the board may direct;

              (i)  prepare and maintain a record of all registered producers quotas;

              (j)  keep an accurate record of all producers payments of service charges;

             (k)  keep records of all licences issued, licence fees and matters pertaining to them; and

              (l)  perform other duties that may be prescribed by the board.

263/80 s5

Meeting agendas

        7. Agenda for meetings of the board shall include

             (a)  roll call;

             (b)  minutes of last meeting;

             (c)  reports of officers;

             (d)  correspondence;

             (e)  approval of accounts and bills;

              (f)  unfinished business;

             (g)  new business; and

             (h)  adjournment.

263/80 s6

Decision by members

        8. All questions arising at a meeting of the board shall be decided by a majority of the members present at a meeting and when there is an equality of votes, subsection 4(11) of the Newfoundland Chicken Marketing Scheme shall be followed.

263/80 s7

Voting prohibited

        9. (1) A member may not vote at a meeting of the board or be a director of the board if he or she is in arrears in a payment to the board.

             (2)  A director of the board shall not vote on a question in which he or she has a personal financial interest.

263/80 s8

Financial year

     10. The financial year of the board shall end on December 31 in each year and the annual meeting shall take place within 4 months after that.

263/80 s9

Accounts to be audited

     11. (1) The board shall cause its accounts to be audited annually by one or more auditors within 3 months after the end of the fiscal year of the board.

             (2)  The auditor shall make a report to the board based on the accounts examined by him or her and on every balance sheet laid before the board at a general meeting and in the report shall state whether in his or her opinion the balance sheet referred to in the report is properly drawn up so as to exhibit a true and correct view of the state of the board's affairs as shown by its books and the treasurer's financial statement.

263/80 s10

Prohibition on auditor

     12. An auditor acting under section 11 is not eligible to be an officer, a director or an employee of the board.

263/80 s11

Reports to be provided

     13. Within 4 months after the end of its fiscal year or at the annual meeting the board shall provide to producers of the regulated product and the Agricultural Products Marketing Board copies of the annual statement of operations and the financial report of the board.

263/80 s12

Corporate seal

     14. The board shall have a corporate seal, the design of which shall be prescribed by the members of the board, and shall include the words Newfoundland Chicken Marketing Board.

263/80 s13

Special meeting

     15. If the board receives a written request from 7 or more of the registered chicken producers asking that a special meeting of producers be held for discussion of matters respecting the operations of the scheme or of the board, the board shall call a special meeting of producers within 30 days of the receipt of the written request.

263/80 s14

Employees' leave

     16. Employees of the board shall in a year be entitled to one and one‑quarter days annual leave for each month of employment which the employee has had in the year concerned up to a maximum of 15 days.

263/80 s15

Sick leave

     17. The maximum amount of sick leave an employee may receive shall not exceed the figure obtained by multiplying the total months of his or her service by 2 and subtracting from it the number of sick days previously awarded and used by the employee.

263/80 s16

Medical certificate required

     18. Sick leave with pay in excess of 3 consecutive working days at any one time will not be awarded to an employee unless he or she submits a medical certificate satisfactory to the board.

263/80 s17

Remuneration

     19. (1) The chairperson and other members of the board may, subject to the prior approval of the Agricultural Products Marketing Board, be paid the remuneration that may be fixed by resolution of the Newfoundland Chicken Marketing Board which shall be paid as an expense out of the general revenue of the board.

             (2)  Officers and members shall, upon presentation of proper receipts, subject to the approval of the Newfoundland Chicken Marketing Board, be reimbursed the reasonable travelling and other expenses that may be incurred in connection with the board.

263/80 s18

Appointment to price negotiating agency

     20. The management of Newfoundland Farm Products Corporation and the Newfoundland Chicken Marketing Board may appoint one alternate each to the price negotiating agency and the alternates shall only attend meetings of the agency when the regular member is unavoidably absent and shall exercise the vote of that absent member.

263/80 s19

Change of regulations

     21. These regulations or a part of them may, subject to the prior approval of the Agricultural Products Marketing Board, be amended or repealed at an annual meeting of the board by a two‑third vote.

263/80 s20

Repeal

      22. The Newfoundland Chicken Marketing Board Regulations, 1980, Newfoundland Regulation 263/80, are repealed.