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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1190/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1190/96

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

Under the authority of sections 4 and 7 of the Newfoundland Milk Marketing Scheme, 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.   Operation of board

        4.   Duties of secretary‑manager

        5.   Cheque signing authority

        6.   Meeting agenda

        7.   Voting prohibited

        8.   Audit required

        9.   Auditor may not act

      10.   Annual statement and financial report required

      11.   Employee leave

      12.   Maximum sick leave

      13.   Medical certificate required

      14.   Bereavement leave

      15.   Repeal


Short title

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

71/83 s1

Definition

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

Operation of board

        3. The board shall operate within the power and authority provided by the Newfoundland Milk Marketing Scheme which came into effect on February 18, 1983.

71/83 s2

Duties of secretary‑manager

        4. The secretary‑manager of the board shall

             (a)  sign the cheques of the board as prescribed under section 5;

             (b)  sign all orders of the board;

             (c)  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;

             (d)  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;

             (e)  conduct the correspondence of the board;

              (f)  keep a record of all business transactions of the board, all annual statements, financial statements and auditors reports;

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

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

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

              (j)  prepare monthly reports showing the financial position of the board;

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

              (l)  prepare and maintain a record of all registered processors;

            (m)  keep an accurate record of all producers and processors payment of service charges;

             (n)  keep an accurate record of all licences issued and licence fees collected;

             (o)  have supervisory authority over employees of the board; and

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

71/83 s3; 80/88

Cheque signing authority

        5. (1) Cheques of the board in the amount of $5,000 or less require the signature of 2 of the following persons, namely, the secretary‑manager, the secretary to the secretary‑manager, the chairperson, the vice‑chairperson.

(2) Cheques of the board in excess of $5,000 require the signature of the secretary‑manager and the signature of either the chairperson or the vice‑chairperson.

80/88

Meeting agenda

        6. The agenda for meetings of the board shall include

             (a)  a call to order;

             (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.

71/83 s4

Voting prohibited

        7. 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 of the board.

71/83 s5

Audit required

        8. (1) The board shall cause its accounts to be audited annually 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 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 manager's financial statement.

71/83 s6

Auditor may not act

        9. An auditor acting under section 8 is not eligible to be an officer, a director or an employee of the board.

71/83 s7

Annual statement and financial report required

     10. 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.

71/83 s8

Employee leave

     11. 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.

71/83 s9

Maximum sick leave

     12. 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 that the number of sick days previously awarded and used by that employee.

71/83 s10

Medical certificate required

     13. Sick leave in excess of 3 consecutive working days or 6 working days in the aggregate in a year shall not be awarded to an employee unless he or she has submitted in respect of it a medical certificate satisfactory to the board.

71/83 s11

Bereavement leave

     14. 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 his or her son‑in‑law, daughter‑in‑law, brother‑in‑law, sister‑in‑law, one day.

71/83 s12

Repeal

      15. The Newfoundland Milk Marketing Board Regulations, 1983, Newfoundland Regulation 71/83, are repealed.