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Copyright 2008: Queens Printer,

St. John's, Newfoundland and Labrador, Canada

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CONSOLIDATED

NEWFOUNDLAND

AND

LABRADOR

REGULATION 1175/96

Chicken Farmers of

Newfoundland

and

Labrador

Regulations

under the

Newfoundland

and

Labrador

Chicken Marketing Scheme

and

Natural Products Marketing Act

(O.C. 96-940)

Amended by:

2001 c42 s45

4/08

CONSOLIDATED

NEWFOUNDLAND

AND

LABRADOR

REGULATION 1175/96

Chicken Farmers of

Newfoundland

and

Labrador

Regulations

under the

Newfoundland

and

Labrador

Chicken Marketing Scheme

and

Natural Products Marketing Act

(O.C. 96-940)

CNLR 1175/96 ; 2001 c42 s45 ; 4/08 s1

Under the authority of

section 5 of the Newfoundland and Labrador 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.

CNLR 1175/96 ; 2001 c42 s45

REGULATIONS

Analysis

Short title

Definition

Authority for operation

Account supervision and signing authority

Signing of orders

Duties of secretary-manager

Meeting agendas

Decision by members

Voting prohibited

Financial year

Accounts to be audited

Prohibition on auditor

Reports to be provided

Corporate seal

Special meeting

Employees' leave

Sick leave

Medical certificate required

Remuneration

Appointment to price negotiating agency

Change of regulations

Repeal

Short title

These regulations may be cited as the Chicken Farmers of Newfoundland and Labrador Regulations

4/08 s1

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Definition

In these regulations "board" means the Chicken Farmers of Newfoundland and

Labrador

4/08 s2

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Authority for operation

The board shall operate within the power and authority provided by the Newfoundland and Labrador Chicken Marketing Scheme

which came into effect on

April 1, 1980

263/80 s2; 2001 c42 s45

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Account supervision and signing authority

(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

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Signing of orders

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

263/80 s4

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Duties of secretary-manager

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

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Meeting agendas

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

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Decision by members

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 and Labrador Chicken Marketing Scheme

shall be followed.

263/80 s7; 2001 c42 s45

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Voting prohibited

(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

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Financial year

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

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Accounts to be audited

(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

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Prohibition on auditor

An auditor acting under

section 11 is not eligible to be an officer, a director or an employee of the board.

263/80 s11

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Reports to be provided

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

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Corporate seal

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 Chicken Farmers of Newfoundland and

Labrador

263/80 s13; 2001 c42 s45 ; 4/08 s3

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Special meeting

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

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Employees' leave

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

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Sick leave

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

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Medical certificate required

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

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Remuneration

(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 Chicken Farmers of Newfoundland and Labrador 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 Chicken Farmers of Newfoundland and

Labrador

, be reimbursed the reasonable travelling and other expenses that may be incurred in connection with the board.

263/80 s18; 2001 c42 s45 ; 4/08 s4

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Appointment to price negotiating agency

The management of

Newfoundland

and Labrador Farm Products Corporation and the Chicken Farmers of Newfoundland and

Labrador

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; 2001 c42 s45 ; 4/08 s5

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Change of regulations

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

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Repeal

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

Earl G. Tucker, Queen's Printer