This is an official version.
Copyright © 2006: Queens Printer,
Consolidated Newfoundland Regulation 1996
Under the authority of section 5 of the Newfoundland Vegetable Marketing Scheme, the Natural Products Marketing Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.
1. Short title
2. Operation of board
3. Duties of secretary‑manager
5. Voting prohibited
6. Audit required
7. Auditor may not act
8. Annual statement and financial report
9. Annual leave
10. Maximum sick leave
11. Medical certificate required
12. Bereavement leave
1. These regulations may be cited as the
Operation of board
2. The Newfoundland Vegetable Marketing Board consequently referred to in these regulations as the commodity board shall operate within the power and authority provided by the Newfoundland Vegetable Marketing Scheme which came into effect on August 24, 1983.
Duties of secretary‑manager
3. The secretary‑manager of the commodity board shall
(a) with one board member to be appointed by the commodity board to sign all cheques up to $1,000, but cheques in excess of $1,000 shall require the signature of the chairperson of the commodity board and the secretary‑manager;
(b) sign all orders of the commodity board;
(c) attend all meetings of the commodity board and keep true minutes of them and shall send a copy of the minutes to each member of the commodity board within 10 days after the meeting;
(d) receive all money, issue and sign cheques for payment of expenditures and present these cheques to the authorized commodity board member for his or her signature;
(e) conduct the correspondence of the commodity board;
(f) keep a record of all business transactions of the commodity board, all annual statements, financial statements and auditors reports;
(g) maintain at the office of the commodity board copies of all regulations and orders of the commodity board;
(h) deposit the funds of the commodity board in a chartered bank as approved by the commodity board;
(i) keep full and accurate books of accounts in which shall be recorded all receipts and disbursements of the commodity board;
(j) prepare monthly reports showing the financial position of the commodity board;
(k) prepare and maintain a record of all registered producers, processors and wholesalers;
(l) keep an accurate record of all producers, wholesalers and processors payment of service charges;
(m) keep an accurate record of all licences issued and licence fees collected;
(n) have supervisory authority over employees of the commodity board; and
(o) perform other duties that may be prescribed by the commodity board.
4. The agenda for meetings of the commodity board shall include
(a) a call to order;
(b) minutes of last meeting;
(c) reports of officers;
(e) approval of accounts and bills;
(f) unfinished business;
(g) new business; and
5. A commodity board member may not vote at a meeting of the commodity board if he or she is in arrears in a payment to the commodity board.
6. (1) The commodity board shall cause its accounts to be audited annually within 3 months after the end of the fiscal year of the commodity board.
(2) The auditor shall make a report to the commodity board based on the accounts examined by him or her and 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 commodity board's affairs as shown by its books and the manager's financial statement.
Auditor may not act
7. An auditor acting under section 6 shall not be eligible to be an officer, a director or an employee of the commodity board.
Annual statement and financial report
8. Within 4 months after the end of its fiscal year at the annual meeting, the commodity 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 commodity board.
9. Employees of the commodity board shall in a year be entitled to 1 1/4 days annual leave for each month of employment which the employee has had in the year concerned up to a maximum of 15 days.
Maximum sick leave
10. 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 one and subtracting from it the number of sick days previously awarded and used by the employee.
Medical certificate required
11. Sick leave in excess of 3 consecutive working days or 6 working days in the aggregate in any year shall not be awarded to an employee unless he or she has submitted in respect of that leave a medical certificate satisfactory to the commodity board.
12. An employee shall be entitled to bereavement leave with pay as follows:
(a) in the case of the death of an employee's mother, father, brother, sister, child, spouse, grandmother, grandfather, mother‑in‑law, father‑in‑law, grandchild or near relative living in the same household, 3 consecutive days; and
(b) in the case of son‑in‑law, daughter‑in‑law, brother‑in‑law, sister‑in‑law, one day.
13. The Newfoundland Vegetable Marketing Board Regulations, 1984, Newfoundland Regulation 43/84, are repealed.
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