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CONSOLIDATED NEWFOUNDLAND

AND

LABRADOR REGULATION 1170/96

Plebiscite Regulations

under the

Natural Products Marketing Act

(O.C. 96-940)

Under the authority of

section 10 of the Natural Products Marketing Act

and the Subordinate Legislation Revision and Consolidation Act

, the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis

Short title

Definitions

Purpose

Scheme established

Ballot use and return

Ballot scrutiny and report

Report to minister

Delay or irregularity

Number of permitted votes

Board not constituted

Repeal

Short title

These regulations may be cited as the Plebiscite Regulations.

274/78 s1

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Definitions

In these regulations

(a)

"Act" means the Natural Products Marketing Act

; and

(b)

"producer" means a producer of a natural product.

274/78 s2

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Purpose

The purpose and intent of these regulations is to provide for the holding of a plebiscite of producers upon a question of favour of a scheme proposed to be made by the minister under

section 11 of the Act for the purpose of establishing to the satisfaction of the board that the proposed scheme is recommended and approved by that proportion of the producers that the board may consider satisfactory.

274/78 s3

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Scheme established

(1) The board shall, before the minister makes an order establishing a scheme under

section 11 of the Act,

(

a) appoint a returning officer and another person that it may consider necessary to assist the returning officer; and

(

b) send by prepaid post to every producer who may be affected by the scheme

(

i) a draft of the scheme proposed to be established,

(ii)

a ballot paper in the form prescribed by the board, and

(iii)

a notice of the time by which, the manner in which and the place to which the ballot paper is to be returned.

(2) Not less than 14 days before the sending to every producer of the draft scheme, ballot paper and notice under this section, the board shall cause to be published in a daily newspaper circulating throughout the province of the fact that a plebiscite of producers upon a question of favour of a scheme will be taken.

274/78 s4

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Ballot use and return

A producer who has received a draft scheme, ballot paper and notice under

section 4 shall be entitled to record on the ballot paper in the manner shown on it whether or not he or she approves of the proposed scheme, and may return the ballot paper to the returning officer at the address and within the time specified in the notice.

274/78 s5

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Ballot scrutiny and report

(1) Within 3 days after the last date on which the ballot papers are to be returned to him or her, the returning officer shall scrutinize in secrecy the ballot papers, count the votes declared on them and report immediately to the board

(

a) the number of ballot papers returned;

(

b) the number of voters approving the draft scheme;

(

c) the number of voters disapproving the draft scheme; and

(

d) the number of spoiled ballot papers.

(2) The returning officer shall hold all marked ballot papers for a period of 12 months and shall not disclose to a person the manner in which the ballots were marked.

274/78 s6

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Report to minister

Upon receiving the report of the returning officer, the board shall report immediately to the minister as to whether there has been submitted to the board evidence satisfactory to it that the scheme is recommended and approved by the proportion of the producers that the board has considered satisfactory.

274/78 s7

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Delay or irregularity

(1) A producer shall be considered to have received the draft scheme, ballot paper and notice sent by the board under

section 4 if they are posted to him or her at his or her address last known to the board, and the failure of a producer or other person to receive a draft scheme, ballot paper or notice shall not invalidate the plebiscite.

(2) In the event of a delay or irregularity occurring in the conduct of the plebiscite or a doubt arising as to its validity, the board shall determine the matter and may direct the holding of another plebiscite in the manner provided by these regulations, if it considers it advisable.

274/78 s8

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Number of permitted votes

Every producer who may be affected by the scheme proposed by the minister shall be entitled to one vote only.

274/78 s9

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Board not constituted

Nothing in these regulations shall require the board to hold a plebiscite of producers upon a question of favour of a scheme if the scheme does not constitute a local board.

274/78 s10

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Repeal

The Natural Products Marketing (Newfoundland) (Plebiscite) Regulations, 1970, Newfoundland Regulation 274/78, are repealed.

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