Acts and Regulations

2012, c.108 - Maritime Forestry Complex Corporation Act

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Current to 1 January 2024
2012, c.108
Maritime Forestry Complex Corporation Act
Deposited December 13, 2012
1The following definitions apply in this Act.
“corporation” means the Maritime Forestry Complex Corporation established under section 2. (Sociéte)
“Minister” means the Minister of Natural Resources and Energy Development.(ministre)
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
Maritime Forestry Complex Corporation
2(1)There is established a body corporate called the Maritime Forestry Complex Corporation consisting of those persons who make up the board of directors.
2(2)The corporation may enter into contracts with any person or government.
2(3)The corporation shall have a corporate seal that it may alter or change at pleasure.
2(4)The corporation shall be deemed not to be an agent of the Crown in right of the Province.
1980, c.M-1.2, s.2; 1986, c.51, s.4
Head office
3The head office of the corporation is at The City of Fredericton in the Province of New Brunswick.
1980, c.M-1.2, s.3
Application of Companies Act
4The 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)
Meetings of board of directors
5Meetings 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)
Board of directors
6(1)The affairs of the corporation shall be administered by a board of directors.
6(2)The board of directors shall be composed of
(a) three directors appointed by the Lieutenant-Governor in Council;
(b) three directors appointed by the Minister of the Government of Canada responsible for forestry;
(c) one director appointed by the Governor in Council of Nova Scotia;
(d) one director appointed by the Lieutenant-Governor in Council of Prince Edward Island;
(e) one director appointed by the President of the University of New Brunswick;
(f) one director appointed by the Chief Executive Officer of the Maritime College of Forest Technology.
6(3)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).
6(4)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).
6(5)A vacancy on the board of directors does not impair the capacity of the board of directors to act.
6(6)A majority of the directors making up the board of directors of the corporation constitutes a quorum.
6(7)The board of directors may make by-laws governing the operations of the corporation.
6(8)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.
6(9)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.
6(10)The Lieutenant-Governor in Council may establish a schedule of fees and travel expenses to be paid to directors of the corporation.
1980, c.M-1.2, s.5; 1983, c.49, s.1; 1986, c.51, s.5
Employees and general manager
7(1)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.
7(2)The corporation may appoint a General Manager, who shall be Chief Executive Officer of the corporation.
1980, c.M-1.2, s.6
Fiscal year
8The 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)
Payment of grants or advances
9With 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)
Annual reports
10(1)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.
10(2)The Minister shall submit a report on the activities of the corporation to the Legislature each year.
1980, c.M-1.2, s.8
Objects and purposes of corporation
11The objects and purposes of the corporation are to
(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;
(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;
(c) operate, maintain, provide services to and service, either in whole or in part, a regional forestry complex;
(d) do all things conducive to the establishment, construction, operation and maintenance of a regional forestry complex;
(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
(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.
1980, c.M-1.2, s.9; 1986, c.51, s.6
Powers of corporation
12The corporation has the power
(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;
(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;
(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;
(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;
(e) to receive grants from persons, partnerships, corporations or governments;
(f) to make grants, gifts, bursaries or scholarships to a person in furtherance of the objects of the corporation;
(g) to do all other things incidental to or ancillary to the attainment of the objects and purposes of the corporation;
(h) to apply for legislative changes considered appropriate; and
(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.
1980, c.M-1.2, s.10
Non-profit organization
13The corporation shall be operated on a non-profit basis.
1980, c.M-1.2, ss.11(1); 1986, c.51, s.7
Distribution of assets on dissolution
14On 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
Hugh John Flemming Forestry Centre
15The Maritime Provinces regional forestry complex established under paragraph 11(a) shall be called the Hugh John Flemming Forestry Centre.
1986, c.51, s.8
N.B. This Act was proclaimed and came into force March 1, 2013.
N.B. This Act is consolidated to December 20, 2019.