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RSNL1990 CHAPTER L-25

LOCAL ROAD BOARDS ACT

Amended:

1992 cE-3.1; 2006 c40 s21

CHAPTER L-25

AN ACT TO PROVIDE FOR THE
ESTABLISHMENT AND ADMINISTRATION OF
LOCAL ROAD BOARDS

Analysis



Short title

        1. This Act may be cited as the Local Road Boards Act.

RSN1970 c219 s1

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Definitions

        2. In this Act

             (a)  "annual meeting" means the annual meeting of the voters in the area held for the purposes of this Act;

             (b)  "area" means a settlement or village or group of settlements or villages, including a settlement or village occupied as a summer settlement or village but excluding a town or community established or continued under the Municipalities Act, and, where a board has been elected, means an area for which the board has been elected;

             (c)  "board" means a local road board elected or appointed under this Act;

             (d)  "board regulations" means regulations made under this Act by a board;

             (e)  "chairperson" means the chairperson of the board and includes the vice-chairperson of the board;

              (f)  "community" means a community constituted or continued under theMunicipalities Act;

             (g)  "constable" means a member of the Royal Newfoundland Constabulary or a member of the Royal Canadian Mounted Police stationed in the province;

             (h)  "election" means an election of members held under this Act;

              (i)  "member" means a member of a board;

              (j)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (k)  "municipality" means a town constituted or continued under theMunicipalities Act;

              (l)  "program" means the work program referred to in section 27;

            (m)  "special meeting" means a special meeting of the voters in the area held for the purposes of this Act; and

             (n)  "voter" means a person qualified to vote in a provincial election whose name is on the  voters' list prepared under the Elections Act, 1991.

RSN1970 c219 s2; 1973 No36 Sch B; 1979 c33 Sch C; 1981 c4 Sch E; 1981 c79 s8; 1989 c33 Sch B; 1989 c34 s1; 1992 cE-3.1 s399; 2006 c40 s21

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Who may call a meeting

        3. (1) Five voters living in an area may call a meeting of the voters living in the area to decide whether to elect a local road board.

             (2)  The voters referred to in subsection (1) shall call the meeting by posting in at least 4 public places in the area a notice in Form A, signed by the 5 voters, stating that a meeting of voters living in the area will be held at a time not earlier than 1 week after the posting of the notice to decide whether to elect a local road board.

             (3)  The notice shall

             (a)  indicate the area for which it is proposed to elect the local road board by describing the boundaries of the area or by the use of the name by which the area is generally or commonly known, or otherwise; and

             (b)  state clearly the time and place at which the meeting will be held.

RSN1970 c219 s3

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Who may attend and vote

        4. (1) Every voter in the area for which it is proposed to elect a local road board may attend and vote on every question put to the meeting.

             (2)  A quorum for the meeting consists of 5 voters in an area in which there are 50 or fewer voters; of 10% of the voters in an area in which there are more than 50 voters but not more than 300 voters; and of 30 voters in an area in which there are more than 300 voters.

             (3)  A chairperson and a secretary for the meeting shall be elected from the voters present at the meeting.

             (4)  A majority of the voters present at the meeting may pass a resolution as contained in Form B in favour of electing a local road board and the resolution shall indicate the area for which it is proposed to elect the board and the area named may be the same as or less than that indicated in the notice posted under section 3.

             (5)  The voters present at the meeting shall, after they have passed a resolution referred to in subsection (4), determine the number of persons who shall make up the local road board and the number shall be not fewer than 3 and not more than 5.

             (6)  The voters present at the meeting referred to in subsection (5) shall elect a local road board for the area.

             (7)  When the resolution has been passed the chairperson and the secretary of the meeting shall immediately send a copy of the resolution to the minister, together with a statutory declaration in Form B, signed by the chairperson and the secretary, and a list of the members elected by the meeting.

             (8)  The voters in the area may, at a subsequent annual or special meeting and subject to confirmation by the minister, increase or decrease the number of members.

             (9)  Where the number of members is increased in accordance with subsection (8) the board shall, after the minister has confirmed the increase, hold a meeting of the voters in the area for the election of the additional member and the election shall be conducted and have the same effect as a by-election held under section 10.

           (10)  Where the number of members is decreased in accordance with subsection (8) the decrease shall be effective when the then members retire from office, after the minister has confirmed the decrease, but where a member dies, resigns, or vacates his or her office in accordance with this Act the decrease, in respect of the office of that member, is effective from the date of the death, resignation or vacation of office of that member where the minister confirms the decrease.

RSN1970 c219 s4

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Board is a corporation

        5. (1) The board is a corporation.

             (2)  Notwithstanding another statute or law, the board may

             (a)  in the area for which it is elected provide and maintain roads, other than main or secondary highways maintained directly by the Department of Works, Services and Transportation;

             (b)  provide and maintain bridges and drains for those roads; and

             (c)  provide and maintain other services and facilities that the minister may in writing authorize the board to provide or maintain.

             (3)  The board has and may exercise all the powers of a town council elected under theMunicipalities Act other than the power to impose or collect taxes or fees or to require contributions in cash or kind, wherever those powers are necessary to enable the board to exercise its powers but the board shall not purchase land without 1st obtaining the approval of the minister.

             (4)  The board may accept grants or gifts of real or personal property or services for its use in the exercise of its powers.

RSN1970 c219 s5; 1979 c33 Sch C

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Issue of certificate

        6. (1) The minister may issue a certificate

             (a)  certifying the board to be a local road board by the name of "The . . . . . . . . . . . . . . . Local Road Board";

             (b)  indicating the area to be served by the board and over which it has authority.

             (2)  A copy of the certificate issued under subsection (1) shall be posted in 1 or more public places in the area.

             (3)  The certificate issued under subsection (1) shall take effect from the date on which it is issued and from that date the board shall be in existence and shall operate in accordance with this Act.

RSN1970 c219 s6

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Qualification of members

        7. Every voter living in the area may vote in an election of members of the board, or be elected as a member.

RSN1970 c219 s7

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Oath of office

        8. (1) A member shall, before entering on the duties of office, take and sign the following oath of office:

"I, A.B., make oath [affirm] and say that I am fully qualified as required by law for the office of member of The . . . . . . . . . . . . . . Local Road Board and that I will to the best of my ability faithfully perform the duties of a member while I hold office. " (Where an oath is taken, add "So help me God".).

             (2)  In the case of the 1st election of members under this Act, the member who receives the highest number of votes in the election shall administer the oath of office to the other members elected in the election, and 1 of those members shall after taking the oath administer the oath of office to the member who receives the highest number of votes.

             (3)  In the case of an election other than the election referred to in subsection (2) the oath of office shall be taken and signed before the chairperson or vice-chairperson of the outgoing board.

             (4)  The chairperson shall, after the oath or affirmation has been taken, enter in the minute book of the board a certificate that each member has taken the oath or affirmation.

RSN1970 c219 s8

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Term of 1st board

        9. (1) The 1st members elected under this Act shall hold office until the 2nd election of members is held.

             (2)  Second and subsequent elections shall be held on the 1st Monday following the completion of 3 full years in office of the previously elected board.

             (3)  Where an election is not held at the time prescribed under subsection (2), it shall be held within 3 months of that date on a day to be fixed by the board.

             (4)  Members shall hold office until their successors are elected and sworn into office.

             (5)  Members shall be elected at a special meeting of the voters in the area called for the purpose.

             (6)  Members are eligible for re-election.

             (7)  Where

             (a)  an election is not held when required under subsection (2) or (3); or

             (b)  an election is called but no members are elected,

at the expiration of 1 year following

             (c)  the last date on which an election may be called under subsection (2) or (3); or

             (d)  the date for which an election was called

the minister may appoint the members of the board and the members appointed by him or her shall hold office as if they had been elected under this Act or the minister shall declare a board to be dormant and ineligible to receive notice of grants available or grants under section 19.

             (8)  Where a board has been declared dormant under subsection (7) an election may be held at a time fixed by that board or the minister.

             (9)  A board elected following an election called under subsection (8) shall remain dormant and ineligible to receive notice of grants available or grants under section 19 for 1 year following the election date.

RSN1970 c219 s9; 1989 c34 s2

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By-election

     10. Where a vacancy occurs in the office of a member the remaining members shall call a special meeting of the voters in the area to conduct a by-election to elect a member who shall hold office for the unexpired term of the member whom he or she replaces.

RSN1970 c219 s10

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Filling vacancy after election

     11. (1) Where as the result of an election or by-election the number of members is less than the number determined under subsection 4(5) or (8), the minister may appoint as many members as may be necessary to bring the number of members up to that number and a member so appointed holds office until the expiration of the term of office of the members who were elected.

             (2)  Notwithstanding section 10, where the number of members holding office on a board is less than that required by this Act as a quorum for the purpose of a meeting of the board, the minister may appoint a number of members sufficient to constitute a quorum and a member appointed under this subsection holds office until the expiration of the term of office of the members who held office on the board immediately before his or her appointment.

RSN1970 c219 s11

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Disqualification

     12. (1) A member is disqualified where he or she

             (a)  tenders his or her written resignation to the chairperson;

             (b)  stops residing in the area;

             (c)  is absent from the area for more than 12 calendar months at one time; and

             (d)  without leave of the board neglects to be sworn into office within 60 days after his or her election or absents himself or herself from 3 consecutive meetings of the board and, for purposes of this paragraph, failure to be present at the place of meeting at the appointed time after notice of the meeting has been given constitutes absence from the meeting even though no meeting was held because of lack of quorum.

             (2)  The board shall by resolution declare vacant the office of a member who is disqualified under this Act and a member who sits or acts after his or her office has been declared vacant is liable on summary conviction to a fine of not more than $20 for each time the member sits or acts contrary to this subsection.

RSN1970 c219 s12

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Appointment of chairperson

     13. (1) At the 1st meeting after their election the members shall appoint a member to be chairperson and another to be vice-chairperson.

             (2)  Where the office of chairperson or vice-chairperson becomes vacant the members shall appoint a member to the vacant office.

             (3)  The chairperson and in his or her absence the vice-chairperson shall preside at all meetings of the board and of the area and his or her decision on all points of order is final.

             (4)  Where both the chairperson and vice-chairperson are absent from a meeting of the board the other members present where they constitute a quorum shall appoint a member to be temporary chairperson and that member has and may exercise the powers and shall carry out the duties of the chairperson at the meeting.

             (5)  Where both the chairperson and vice-chairperson are absent from a meeting of the voters in the area

             (a)  where the board is made up of 3 members the remaining member shall be the temporary chairperson;

             (b)  where the board is made up of more than 3 members the other members present at the meeting shall appoint from among their number a temporary chairperson; or

             (c)  where no member is present the meeting shall be adjourned for 1 week and, where no member is present at the adjourned meeting, the meeting shall appoint 1 of the voters present to be temporary chairperson,

and a temporary chairperson acting under this subsection may exercise the powers and shall carry out the duties of the chairperson at the meeting.

             (6)  The chairperson and vice-chairperson shall serve for the term of office of the board of which they are members.

RSN1970 c219 s13

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Quorum

     14. (1) A majority of the members constitutes a quorum for the purpose of a meeting of the board.

             (2)  A disputed question other than a point of order shall be decided by a majority of the votes of the members present.

             (3)  Where there is an equality of votes inclusive of his or her own vote, the person presiding at the meeting has a 2nd or casting vote.

             (4)  The board may regulate its own proceedings.

RSN1970 c219 s14

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Meetings to be public

     15. A meeting of the board is open to the public unless it is held as a privileged meeting or declared by vote of the members present at the meeting to be a privileged meeting and in those cases all members of the public present shall retire.

RSN1970 c219 s15

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Frequency of meetings

     16. The board shall meet at least once every 3 months for the dispatch of general business.

RSN1970 c219 s16

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Special meetings

     17. Special meetings of the board may be called at those times that the chairperson considers necessary or on the written request of 2 members.

RSN1970 c219 s17

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Board may make regulations

     18. (1) Subject to the approval of the minister, the board may make regulations, consistent with this Act or the regulations, for the calling of meetings of the area, the procedure at the meetings, and generally for all matters incident to or necessary for carrying out the purposes and powers of the board.

             (2)  Board regulations shall be signed by the minister stating that the approval required under this Act was given and the date on which the approval was given.

             (3)  After the minister approves them, board regulations shall be published by insertion in a newspaper circulating in the area and by posting in at least 4 public places in the area and shall come into force when they are so posted.

             (4)  A copy of board regulations purporting to be signed by the chairperson as a true copy shall be received in evidence in all courts without proof of signature.

RSN1970 c219 s18

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Annual grant for board

     19. (1) The Lieutenant-Governor in Council may, out of the funds voted by the Legislature for the purpose, make available to each board an annual grant for the proper carrying on of the work of the board and the amount of each grant shall be determined in accordance with the number of persons living in the area and the minister shall notify each board of the amount of the grant after it has been fixed by the Lieutenant-Governor in Council.

             (2)  For the purpose of fixing the amount of the grant under subsection (1) the minister may require the board to take a census of the persons living in the area.

             (3)  The amount of the grant referred to in subsection (1) shall not be paid to the board but shall be retained and administered as a portion of its annual vote by the Department of Works, Services and Transportation for and on account of the board and for the purposes of this Act, and the unspent balance of a grant in a year shall lapse and be written off except that in the case of liabilities incurred during the then expiring financial year accounts which are received during a period of 30 days, or a further period that the Lieutenant-Governor in Council may order, following the close of that financial year may be charged to and form a part of the expenditure of that year.

             (4)  The board shall not carry out any part of its program until it has been approved by the annual meeting.

             (5)  The rates of pay to be paid for work done in carrying out the program shall be those fixed by the minister.

RSN1970 c219 s19; 1989 c34 s3

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Records to be kept

     20. (1) The chairperson shall keep proper records in respect of the carrying out of the board's program.

             (2)  The chairperson shall open the records to the scrutiny of the voters in the area for a period of not less than 14 days in a year and shall by public notice posted in at least 4 places open to the public in the area for 1 week or longer before the records are to be open state clearly the time and place at which the records will be open.

RSN1970 c219 s20

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Report to annual meeting

     21. (1) The board shall submit to each annual meeting a report of the activities of the board since the last annual meeting.

             (2)  The chairperson shall send to the minister before March 1 in each year a copy of the report required to be submitted to the annual meeting under subsection (1).

             (3)  This section does not apply to the 1st annual meeting held in accordance with section 23.

RSN1970 c219 s21

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Investigation

     22. (1) The minister may by a person authorized by him or her for that purpose

             (a)  investigate the activities of a board;

             (b)  inspect work done or being done by a board;

             (c)  require that he or she be advised of work that the board proposes to do;

             (d)  by order disallow work that the board proposes to do or direct that work already begun shall not proceed;

             (e)  by order vary or disallow a resolution or decision passed or made by the board on any of the subjects referred to in paragraphs (b) to (d) or on another subject.

             (2)  An order made by or on behalf of the minister under subsection (1) shall be entered in the records of the board and shall have effect as if it were a resolution of the board, but it may not be revised or varied by the board except with the written consent of the minister.

RSN1970 c219 s22

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Annual meeting

     23. (1) Except in the 1st year, the annual meeting of voters in the area shall be held at a place to be fixed by the board and at a time not later than 30 days after the minister has notified the board of the amount of the grant to be made to it under section 19.

             (2)  The annual meeting shall

             (a)  pass upon the program which the board proposes carrying out during the current year;

             (b)  transact other business that may be required by the board regulations or that the board may consider necessary.

RSN1970 c219 s23

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Special meetings

     24. Special meetings of the area may be called by the board and shall be called by the board within 10 days upon the written request of the minister or of 10% or more of the voters in the area.

RSN1970 c219 s24

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Notice of meetings

     25. (1) Notice of an annual and special meeting shall be given by the board by posting in 4 public places in the area at least 1 week before the date set for the meeting a notice stating the time and place of the meeting.

             (2)  The notice calling a special meeting shall state clearly the business which is to be considered by the meeting and no business shall be considered by the meeting other than that stated in the notice.

RSN1970 c219 s25

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Who may vote

     26. (1) Every voter in the area may attend a meeting of the voters and vote once on every question put to the meeting.

             (2)  A quorum for an annual or special meeting of an area consists of 5 voters in an area in which there are 50 or fewer voters; of 10% of the voters in an area in which there are more than 50 but not more than 300 voters; and of 30 voters in an area in which there are more than 300 voters.

             (3)  Where a quorum is not present the meeting shall be adjourned to a later date, and notice of that date shall be given by the board in the manner provided in section 25.

RSN1970 c219 s26

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Work program

     27. (1) The board shall in each year prepare the work program of the board for the current year and submit it to the annual meeting for consideration.

             (2)  The meeting shall by resolution authorize the whole or a part of the program which it approves.

             (3)  Copies of the resolution referred to in subsection (2) shall be posted in at least 4 public places in the area.

RSN1970 c219 s27

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Approval of program by minister

     28. Within 7 days after the annual meeting the board shall send a copy of the program to the minister for approval in whole or in part and the board shall not carry out the program until the minister has given approval or make commitments which are in excess of its program as approved by the minister.

RSN1970 c219 s28

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Payment of bills

     29. Before January 1 in each year the board shall forward to the Deputy Minister of Works, Services and Transportation all payrolls, bills, and other invoices received for payment by the board in respect of its operations, certified by the chairperson and the vice-chairperson, and the Department of Works, Services and Transportation shall arrange through the Department of Finance for their payment out of the balance of the grant referred to in section 19.

RSN1970 c219 s29

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Regulations

     30. (1) The Lieutenant-Governor in Council may make those regulations that he or she considers advisable in order to carry into effect the purpose of this Act.

             (2)  The regulations shall be published in those newspapers that the minister considers necessary.

RSN1970 c219 s30

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General penalty

     31. (1) A person who contravenes this Act, or the obligations imposed on him or her by virtue of this Act or of the regulations, or who interferes with a person in the discharge of his or her duties under this Act or under the regulations, or who tears down, removes or damages a board regulation, order or notice posted or published by the board, is guilty of an offence and liable on summary conviction to a fine not exceeding $100 and in default of payment to imprisonment for a period not exceeding 90 days.

             (2)  The conviction of a person for failing to comply with requirements referred to in subsection (1) does not operate as a bar to further prosecution for the continued failure on the part of the person to so comply.

RSN1970 c219 s31

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Prosecutions to be taken by board

     32. Prosecution for breaches of this Act or of a regulation or order made under it shall be taken in the name of the board elected for the area in which the offence was committed or in the name of a constable.

RSN1970 c219 s32

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Representation of board in court

     33. In all proceedings in a court of summary jurisdiction to which the board is a party, the board may be represented by the chairperson, or by another member or an officer or servant of the board designated for the purpose by the board.

RSN1970 c219 s33

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Area organized as a town

     34. An area may be organized as a community or town under the Municipalities Act.

1979 c33 Sch C

FORM A

(Section 3(2))

THE LOCAL ROAD BOARDS ACT

PUBLIC NOTICE

             The persons whose signatures appear below, being voters living in . . . . . . . . . call a meeting of all voters in the area to consider the election of a local road board under the Local Road Boards Act.

             This meeting will be held at . . . . . . . . . . . . . . . on the . . . . . day of . . . . . . . . . . 19 . . . at the hour of . . . . . . . . .

             The area for which it is proposed to elect the local road board is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

             Dated the . . . . . day of . . . . . . . . . . 19 . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSN1970 c219 Form A

FORM B

(Section 4(4) and (7))

THE LOCAL ROAD BOARDS ACT

RESOLUTION

             The voters of . . . . . . . . . . . . . . . . . . . assembled in meeting under the Local Road Boards Act resolve that in the opinion of this meeting it is desirable to elect a local road board to serve the area described above.

STATUTORY DECLARATION

             We . . . . . . . . . . . . . . . . . . . . . and . . . . . . . . . . . . . . . . . . . . . of   . . . . . . . . . . . . . . . . . . . . . do solemnly declare:

        1. That we were chairperson and secretary respectively of a meeting of voters of the area described above held at . . . . . . . . . . . . on the   . . . . . day of . . . . . . . . . . 19 . . . at the hour of . . . . . . . . . under the Local Road Boards Act.

        2. That the resolution contained above was voted on at the meeting and that the result of the poll taken on the resolution was:

Number of qualified voters present . . . . . . . . . .

Number of voters yes . . . . . . . . . . . . . . . . . . . .

Number of voters nay . . . . . . . . . . . . . . . . . . . .

        3. That the following persons were elected to serve as members of the local road board: . . .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        4. That in our opinion all persons who voted on the resolution and in the election were qualified to vote.

             And we make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same effect as if made under oath or affirmation.

Declared at . . . . . . . . . . . . .

this . . . . . day of . . . . . . . .

19 . . . . . in the presence of

. . . . . . . . . . . . . . . . . . . . . . .                                                                                         Witness

                                                                   . . . . . . . . . . . . . . . . . . . . . . .
                                                                   Chairperson

                                                                   . . . . . . . . . . . . . . . . . . . . . . .
                                                                   Secretary

1979 c219 Form B