2012-c.108 Maritime Forestry Complex Corporation Act N.B.

Current to 2024-06-27

Contents
s. 1 — Definitions

The following definitions apply in this Act. 1980, c.M-1.2, s.1; 1986, c.8, s.69; 1986, c.51, s.2; 2004, c.20, s.36; 2016, c.37, s.101; 2019, c.29, s.186; 2024, c.28, s.33

s. 1 — corporation

“corporation” means the Maritime Forestry Complex Corporation established under section 2. (Sociéte)

s. 1 — minister

“Minister” means the Minister of Natural Resources.(ministre)

s. 2 — Maritime Forestry Complex Corporation

1980, c.M-1.2, s.2; 1986, c.51, s.4

s. 2(1) — Maritime Forestry Complex Corporation

There is established a body corporate called the Maritime Forestry Complex Corporation consisting of those persons who make up the board of directors.

s. 2(2) — Maritime Forestry Complex Corporation

The corporation may enter into contracts with any person or government.

s. 2(3) — Maritime Forestry Complex Corporation

The corporation shall have a corporate seal that it may alter or change at pleasure.

s. 2(4) — Maritime Forestry Complex Corporation

The corporation shall be deemed not to be an agent of the Crown in right of the Province.

s. 3 — Head office

The head office of the corporation is at The City of Fredericton in the Province of New Brunswick. 1980, c.M-1.2, s.3

s. 4 — Application of Companies Act

The provisions of the Companies Act apply to the corporation so far as they are not inconsistent with the provisions of this Act. 1980, c.M-1.2, ss.4(1)

s. 5 — Meetings of board of directors

Meetings of the board of directors may be held within or outside the Province as the board of directors may determine. 1980, c.M-1.2, ss.4(2)

s. 6 — Board of directors

1980, c.M-1.2, s.5; 1983, c.49, s.1; 1986, c.51, s.5

s. 6(1) — Board of directors

The affairs of the corporation shall be administered by a board of directors.

s. 6(2) — Board of directors

The board of directors shall be composed of

s. 6(2)(a) — Board of directors

(a) three directors appointed by the Lieutenant-Governor in Council;

s. 6(2)(b) — Board of directors

(b) three directors appointed by the Minister of the Government of Canada responsible for forestry;

s. 6(2)(c) — Board of directors

(c) one director appointed by the Governor in Council of Nova Scotia;

s. 6(2)(d) — Board of directors

(d) one director appointed by the Lieutenant-Governor in Council of Prince Edward Island;

s. 6(2)(e) — Board of directors

(e) one director appointed by the President of the University of New Brunswick;

s. 6(2)(f) — Board of directors

(f) one director appointed by the Chief Executive Officer of the Maritime College of Forest Technology.

s. 6(3) — Board of directors

The chair of the board of directors shall be appointed by the Lieutenant-Governor in Council from among the directors appointed under paragraph (2)(a).

s. 6(4) — Board of directors

The vice-chair of the board of directors shall be appointed by the Minister of the Government of Canada responsible for forestry from among the directors appointed under paragraph (2)(b).

s. 6(5) — Board of directors

A vacancy on the board of directors does not impair the capacity of the board of directors to act.

s. 6(6) — Board of directors

A majority of the directors making up the board of directors of the corporation constitutes a quorum.

s. 6(7) — Board of directors

The board of directors may make by-laws governing the operations of the corporation.

s. 6(8) — Board of directors

Any person or body who may appoint a director under subsection (2) may remove, suspend, reappoint or reinstate the director at the person’s or body’s discretion.

s. 6(9) — Board of directors

Except as provided in subsection (10), a director of the corporation is not entitled to remuneration by virtue of his or her position as director.

s. 6(10) — Board of directors

The Lieutenant-Governor in Council may establish a schedule of fees and travel expenses to be paid to directors of the corporation.

s. 7 — Employees and general manager

1980, c.M-1.2, s.6

s. 7(1) — Employees and general manager

The corporation may hire persons to be employees in accordance with the staff requirements and mode of employment established in the by-laws of the corporation.

s. 7(2) — Employees and general manager

The corporation may appoint a General Manager, who shall be Chief Executive Officer of the corporation.

s. 8 — Fiscal year

The fiscal year of the corporation begins on April 1 of each year and ends on March 31 of the subsequent year. 1980, c.M-1.2, ss.7(1)

s. 9 — Payment of grants or advances

With the approval of the Lieutenant-Governor in Council, there may be paid out of the Consolidated Fund such grants or advances to the corporation as the Minister may request. 1980, c.M-1.2, ss.7(2)

s. 10 — Annual reports

1980, c.M-1.2, s.8

s. 10(1) — Annual reports

The corporation shall submit a report to the Minister each year outlining its activities during the previous fiscal year together with an audited financial statement.

s. 10(2) — Annual reports

The Minister shall submit a report on the activities of the corporation to the Legislature each year.

s. 11 — Objects and purposes of corporation

The objects and purposes of the corporation are to 1980, c.M-1.2, s.9; 1986, c.51, s.6

s. 11(a) — Objects and purposes of corporation

(a) establish a Maritime Provinces regional forestry complex in which various governments, governmental agencies, universities, university agencies, educational institutions and private industries may jointly and severally construct, maintain and operate facilities to carry on their work in forestry matters;

s. 11(b) — Objects and purposes of corporation

(b) acquire real property and personal property for the purpose of constructing, modifying, expanding or reconstructing either in part or in total a regional forestry complex;

s. 11(c) — Objects and purposes of corporation

(c) operate, maintain, provide services to and service, either in whole or in part, a regional forestry complex;

s. 11(d) — Objects and purposes of corporation

(d) do all things conducive to the establishment, construction, operation and maintenance of a regional forestry complex;

s. 11(e) — Objects and purposes of corporation

(e) promote and encourage research and technological development in a regional forestry complex as a part of a Centre of Excellence in forestry matters in Canada; and

s. 11(f) — Objects and purposes of corporation

(f) cooperate and act in conjunction with other organizations and agencies, public and private, in the implementation of programs designed to give effect to any of the objects of the corporation.

s. 12 — Powers of corporation

The corporation has the power 1980, c.M-1.2, s.10

s. 12(a) — Powers of corporation

(a) to buy, sell, either at wholesale or retail, acquire by purchase, lease, exchange or otherwise and to rent, lease, let on hire and generally deal in and with real and personal property of every kind and description;

s. 12(b) — Powers of corporation

(b) to purchase, lease or otherwise acquire and hold real and personal property and rights or interests in it and, in particular, lands, buildings, hereditaments, businesses, industrial or institutional concerns and undertakings, mortgages, liens, charges or other encumbrances, contracts, concessions, franchises, annuities, patents, licences, securities, policies, book debts and privileges and choses in action of all kinds;

s. 12(c) — Powers of corporation

(c) to take, hold or otherwise acquire mortgages, hypothecs, liens, charges or other encumbrances to secure payment of the purchase price or of any unpaid balance of the purchase price of the corporation’s property of any kind or any part of it sold by the corporation or any money due to the corporation from any purchaser, and to sell or otherwise dispose of or mortgage or otherwise encumber mortgages, hypothecs, liens and charges, subject to section 80 of the Companies Act;

s. 12(d) — Powers of corporation

(d) to enter into any arrangements with any government or authority, federal, provincial, municipal, local or otherwise, that may seem conducive to the corporation’s objects or any of them and to obtain from any such government or authority any rights, privileges, franchises or concessions that the corporation may think it desirable to obtain, and to carry out, exercise and comply with any such arrangements, rights, privileges, franchises and concessions;

s. 12(e) — Powers of corporation

(e) to receive grants from persons, partnerships, corporations or governments;

s. 12(f) — Powers of corporation

(f) to make grants, gifts, bursaries or scholarships to a person in furtherance of the objects of the corporation;

s. 12(g) — Powers of corporation

(g) to do all other things incidental to or ancillary to the attainment of the objects and purposes of the corporation;

s. 12(h) — Powers of corporation

(h) to apply for legislative changes considered appropriate; and

s. 12(i) — Powers of corporation

(i) in fulfilling its objects as expressed in this Act, to exercise all the powers presently set out in subsection 14(1) of the Companies Act as fully as if the powers were expressly set out in this Act.

s. 13 — Non-profit organization

The corporation shall be operated on a non-profit basis. 1980, c.M-1.2, ss.11(1); 1986, c.51, s.7

s. 14 — Distribution of assets on dissolution

On the dissolution of the corporation, its assets shall be distributed among each of the organizations, agencies and governments that have contributed to the capital cost of the facilities of the corporation in proportion to the amounts contributed by each. 1980, c.M-1.2, ss.11(2); 1986, c.51, s.7

s. 15 — Hugh John Flemming Forestry Centre

The Maritime Provinces regional forestry complex established under paragraph 11(a) shall be called the Hugh John Flemming Forestry Centre. 1986, c.51, s.8