A regulation relating generally to the transaction of the business and affairs of the College of Physicians and Surgeons of New Brunswick.

1.1 Designation - This regulation may be cited as the General Regulation.

1.2 Definitions - In this regulation and all other regulations of the College, unless the context otherwise requires:

(a) "Act" means the Medical Act;

(b) "College" means the College of Physicians and Surgeons of New Brunswick;

(c) "committee" includes the Executive Committee, the Complaints and Registration Committee, the Review Committee and any other committee established by Council from time to time;

(d) "regulation" includes any regulation of the College enacted by Council;

(e) "Special Resolution" means a resolution passed by not less than two-thirds of the votes cast by the members of Council present at the meeting and entitled to vote, or a resolution signed by two-thirds of the members of Council entitled to vote on the resolution; and

(f) terms defined in the Act have the same meaning in this regulation and in all other regulations of the College.

1.3 Interpretation - Words importing the singular number only include plural and vice-versa. Words importing the masculine or feminine gender include the gender of the opposite sex. Words importing persons include companies, corporations, partnerships, proprietorships or other entity. 

1.4 Conduct of Meetings - Except as otherwise provided by the Act or the regulations, Bourinot's Rules of Order shall govern the proceedings of any meeting of the College, Council or any committee or Board of the College or Council.

2.1 Head Office - The head office of the College shall be in a municipality in New Brunswick fixed by resolution of Council.

2.2 Corporate Seal - The corporate seal of the College shall be in the form approved by Council from time to time.

2.3 Fiscal Year - Until otherwise established by Council the fiscal year of the College shall end on the 30th day of November in each year.

3.1 Annual Meeting - The annual meeting of the College shall be held at a place and time in each year Council may determine for the purpose of receiving the reports and statements required by the Act or the regulations to be placed before the College at an annual meeting and for the transaction of any other business properly brought before the meeting.

3.2 Special Meeting - The President or any four (4) members of Council may at any time call a special meeting of the members of the College to be held at a time and place determined by the President or the members of Council calling the meeting. The President shall call a special meeting of the members of the College at the request in writing of not less than ten percent (10 %) of the members of the College.

3.3 Notices - No public notice or advertisement of any meeting of the members is required but notice of the time and place of each meeting shall be given to each member of the College not less than ten (10) days before the day on which the meeting is to be held. Notice of a special meeting of members shall state the general nature of the business which is to be transacted.

3.4 Reports to Members - A copy of the financial statements, the auditor's report and the report of the Registrar shall be furnished to any member of the College on request.

3.5 Persons Entitled to Be Present - The only persons entitled to attend the annual or a special meeting of members are members of the College, the auditor of the College and others who are entitled or required under any regulations of the College to be present at the meeting or who have been invited to attend by Council. Any other person may be admitted at the invitation of the chairman with the consent of the meeting.

3.6 Quorum - Forty (40) members present in person constitute a quorum for the transaction of business at any meeting of members. Meetings may proceed without a quorum for presentation of reports not requiring a formal resolution approving the report or authoring or approving any specific action by the College or Council.

3.7 Right to Vote - At each meeting of members every member present in person is entitled to vote.

3.8 Votes to Govern - At all meetings of members every question shall, unless otherwise required or authorized by the Act or by the regulations of the College, be decided by a majority of the votes cast on the question by those present in person.

3.9 Show of Hands - At all meetings of members every question shall be decided by a show of hands unless a poll is required by the chairman or is demanded by any member. After a show of hands has been taken upon any question the chairman may require, or any member may demand, that a poll be taken. A demand for a poll may be withdrawn at any time prior to the taking of the poll. Whenever a vote by a show of hands has been taken upon a question, unless a poll is required or demanded, a declaration by the chairman that the vote upon the question has been carried or carried by a particular majority, or not carried, and an entry to that effect in the minutes of the meeting is prima facie evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against any resolution or other proceeding in respect of the question.

3.10 Polls - If a poll is required by the chairman or is demanded by any member and the demand is not withdrawn, a poll upon the question shall be taken in the manner the chairman directs. The result of the poll shall be entered in the minutes of the meeting.

3.11 Adjournment - The chairman at a meeting of members may, with the consent of the meeting and subject to conditions the meeting may decide, adjourn the meeting from time to time and from place to place.

4.1 Number of Members of Council - The Council of the College shall consist of 

(a) Eleven (12) members of the College elected in the manner provided by the Act and this regulation;

(b) One (1) member of the College appointed by the Minister of Health, who may be the Minister if he is a member of the College; and

(c) Four (4) persons appointed by the Lieutenant-Governor in Council who are not members of the College and are selected from a list submitted by Council containing at least three (3) more persons than the number to be appointed at the time.

4.2 Medical Electoral Districts - The province shall be divided into seven (7) medical electoral districts as follows:

(a) District No 1 consists of Kent, Albert and Westmorland Counties and the members residing in District No. 1 are entitled to elect three (3) members of Council;

(b) District No 2 consists of Charlotte, Saint John and Kings County, and the Parishes of Petersville, Hampstead, Wickham, Johnston and Brunswick in Queens County, and the members residing in District No. 2 are entitled to elect three (3) members of the College to Council.

(c) District No 3 consists of Queens County (except the Parishes of Petersville, Hampstead, Wickham, Johnston and Brunswick), Victoria County (except the Parishes of Drummond and Grand Falls); Ludlow and Blissfield in Northumberland County; York County; and Sunbury County and the members residing in District No. 3 are entitled to elect two (2) members of the College to Council.

(d) District No 4 consists of the Parishes of Drummond and Grand Falls in Victoria County, Madawaska County, and the Parishes of Grimmer and St. Quentin in Restigouche County, and the members residing in District No. 4 are entitled to elect one (1) member of the College to Council.

(e) District No 5 consists of Restigouche County (except the Parishes of Grimmer and St. Quentin) and the members residing in District No. 5 are entitled to elect one (1) member of the College to Council.

(f) District No 6 consists of Gloucester County and the members residing in District No. 6 are entitled to elect one (1) member of the College to Council.

(g) District No 7 consists of Northumberland County (except the Parishes of Ludlow and Blissfield) and the members residing in District No. 7 are entitled to elect one (1) member of the College to Council.

4.3 Quorum - Nine (9) members of Council present in person or by conference telephone or other communication facility that permits all members present in person or by the communication facility to hear and communicate with each other, constitutes a quorum for the transaction of business at any meeting of Council. Notwithstanding vacancies, the remaining members of Council may exercise all of the powers of Council as long as a quorum of Council remains in office.

4.4 Votes to Govern - At all meetings of Council every question shall, unless otherwise required or authorized by the Act or by the regulations, be decided by a majority of the votes cast on the question by those present.

4.5 Calling of Meetings - Meetings of Council shall be called by the Registrar and held at a place and time fixed at the previous meeting of Council. Notice of every meeting shall be given to each member of Council not less than fourteen (14) days before the time when the meeting is to be held. No notice of a meeting is necessary if all the members of Council are present or if those absent have waived notice or have otherwise signified their consent to the holding of the meeting. Notice of a meeting shall set forth the business to be conducted at the meeting.

4.6 Special Meetings - The Registrar may call a special meeting of Council if he considers it appropriate or necessary. The Registrar shall call a special meeting of Council when directed by the President or by any five (5) members of Council, or a special meeting may be called by the President or any five (5) members of Council. Notice of every special meeting shall be given in writing to each member of Council not less than two (2) days (excluding Saturdays, Sundays and statutory holidays) before the time when the meeting is to be held and shall specify where the meeting is to be held in New Brunswick. No notice of a meeting is necessary if all the members of Council are present or if those absent have waived notice or have otherwise signified their consent to the holding of the meeting. Notice of a special meeting shall set forth the business to be conducted at the meeting.

4.7 Place of Meeting - Meeting of Council may be held at the head office of the College or any other place within or outside of New Brunswick. Special meetings of Council must be held in New Brunswick.

4.8 Agenda at Meeting - The agenda at the last meeting of Council prior to the annual meeting of the College shall include:

(a) Election and appointment of officers,

(b) Appointment of the auditor, and

(c) Appointment of committees, when necessary.

4.9 Remuneration of Members of Council - Members of Council shall receive an honorarium for each day of a meeting together with a travel allowance, both to be set from time to time by resolution of Council. The members of Council shall also be reimbursed for their reasonable out-of-pocket expenses incurred in attending Council or a committee meeting or otherwise in respect of the performance of their duties as Council may from time to time determine.

4.10 Special Remuneration - Council may by resolution from time to time award special remuneration out of the funds of the College to any member of Council or a committee or board who performs any special work or service for, or undertakes any special task on behalf of, the College outside the work or services ordinarily required of a member of Council or a committee or board. Council may also by resolution from time to time award special remuneration out of the funds of the College to any member of the College who performs any work or service for, or undertakes any task on behalf of, the College.

4.11 Interest of Members of Council in Contracts - No member of Council or a committee or board is disqualified by reason of their office from contracting or entering into any arrangement with the College. Any contract or arrangement entered into by or on behalf of the College with any member of Council, or in which any member of Council is in any way interested, may not be avoided nor shall any member of Council or in which a member of Council be liable to account to the College for any profit realized by any contract or arrangement in which the member has an interest by reason of the member of Council holding office or of the fiduciary relationship established by the office if the member has disclosed the interest to Council in writing prior to the contract or arrangement being authorized or entered into and the member has not participated in any decision of Council with respect to the contract or arrangement.

4.12 Declaration of Interest - Every member of Council who is in any way, whether directly or indirectly, interested in a contract or arrangement with the College must declare their interest and refrain from voting or participating in the decision with respect to the contract or arrangement or the proposed contract or arrangement.

4.13 Protection of Members of Council and Others - No member of Council, a committee or board, or officer of the College is liable

(a) for the acts, receipts, neglects or defaults of any other member of Council, a committee or board, or officer of the College, or

(b) for joining in any receipts or other act for conformity, or

(c) for any loss or expense happening to the College through the insufficiency or deficiency of title to any property acquired by order of Council for or on behalf of the College, or

(d) for the insufficiency or deficiency of any security in or upon which any of the moneys of the College are invested, or

(e) for any loss or damage arising from the bankruptcy, insolvency or tortious act of any person with whom any of the moneys, securities or effects of the College are deposited, or

(f) for any loss or damage occasioned by any error of judgment or oversight on their part made in good faith, or

(g) for any other loss, damage or misfortune whatever which shall happen in the execution of the duties of their office or in relation to their office unless the loss or damage happens through their own dishonesty or intentional or reckless disregard for the duties of their office.

4.14 Indemnity of Members of Council and Others - Every member of Council, a committee or board, or officer of the College and their heirs, executors and administrators, shall from time to time and at all times, be indemnified and saved harmless out of the funds of the College from and against

(a) all costs, charges and expenses whatsoever which the member or officer sustains or incurs in or about any action, suit or proceeding which is brught, commenced or prosecuted against them, for or in respect of any act, deed, matter or thing whatsoever, made, done or permitted by him, or about the execution of the duties of his office, and

(b) all other costs, charges and expenses which they sustain or incur in or about or in relation to the affairs of Council or the College except the costs, charges or expenses occasioned by their own wilful neglect or default.

5.1 Quorum - A majority of the members of the Executive Committee present in person or by conference telephone or other communication facility that permits all members present in person or by the communication facility to hear and communicate with each other, constitutes a quorum for the transaction of business at any meeting of the Executive Committee. Notwithstanding vacancies, the remaining members of the Executive Committee may exercise all of the powers of the Executive Committee as long as a quorum of the Executive Committee remains in office.

5.2 Calling of Meetings - Meetings of the Executive Committee may be called by the President or the Registrar and held at a place and time fixed by the President or Registrar in the notice calling the meeting. Notice of every meeting shall be given to each member of the Executive Committee not less than two (2) days before the time when the meeting is to be held. No notice of a meeting is necessary if all members of the Executive Committee are present or if those absent have waived notice or have otherwise signified their consent to the holding of the meeting. Notice of a meeting shall set forth the business to be conducted at the meeting.

5.3 Special Meetings - The President or the Registrar may call a special meeting of the Executive Committee for any purpose they consider necessary or appropriate including taking action with respect to a member under section 56.1 or 56.2 of the Act. Notice of a special meeting may be by telephone or by facsimile transmission to each member of the Executive Committee not less than four (4) hours before the time when the meeting is to be held. No notice of a meeting is necessary if all members of the Executive Committee are present or if those absent have waived notice or have otherwise signified their consent to the holding of the meeting. Notice of a special meeting shall set forth the business to be conducted at the meeting.

5.4 Place of Meeting - Meeting of the Executive Committee may be held at the head office of the College or any other place within or outside of New Brunswick.

6.1 Annual Election - Election of members of Council shall be held annually between May 1st and June 15th for the purpose of filling vacancies resulting from the expiry of the term of members. Members elected annually shall take office immediately following the annual meeting of the College.

6.2 Date - The Registrar shall fix a day on which an election to fill a vacancy on council shall be held under subsection 17(1) of the Act. Members elected to fill a vacancy under subsection 17(1) of the Act shall take office immediately following their election.

6.3 Presiding Officer - The Registrar of the College, or any other officer or member of Council, as Council may designate, shall act as presiding officer for an election.

6.4 Eligible Voters in a District - Subject to section 6.15, the presiding officer shall, at least 2 months before the date on which election is to be held, make out an alphabetical list of the members in a district where an election is to be held, who are entitled to vote at an election, and send by mail or others means, to each registered practitioner a copy of the list, the nomination paper in Form A, and a notice stating the date of closure of nominations, the number of members to be elected from the district, and the date of election.

6.5 Nomination Form - Each nomination paper shall be signed by 3 members of the College eligible to vote in the district and the nominee indicating his acceptance of the nomination.

6.6 Nomination Deadline - Subject to section 6.15, the presiding officer shall not accept any nomination that is not received by him at least 28 calendar days before the date fixed for the election.

6.7 Candidates List - At the close of the time for nominating candidates, the presiding officer shall send by mail or other means to every candidate a certified list of the names of the candidates who have been nominated in the medical electoral district.

6.8 Acclamation - If only one nomination is received for a vacancy, at the close of the time for nominating candidates, the presiding officer shall declare the nominee elected by acclamation.

6.9 Mailing of Ballots - If more than one nomination is received for a vacancy, the presiding officer, no less than 21 calendar days before the date fixed for the election, shall send by mail or other means to each person eligible to vote in any district a ballot listing the names of persons nominated for the election in that district.  If the ballot is sent by mail, a return envelope and instructions to ensure each member eligible to vote only receives one ballot and only returns one ballot shall be included with the ballot.

6.10 Ballots and Voting - Ballots shall be marked by an X, or such mark as is sufficient to indicate to the presiding officer the intention of the voter to vote for a particular candidate, and each registered practitioner shall have one vote for each vacancy in their district.

6.11 The Count - On the day of the election the presiding officer shall count the votes, reject the ballots which do not comply with section 6.10, and tabulate the results in the presence of such witnesses as each candidate may wish to appoint. Witnesses will attend the tabulation of the results via virtual attendance.

6.12 Successful Candidate(s) - The candidate or candidates with the largest number of votes shall be declared elected by the presiding officer and the members shall be notified of the results.

6.13 Disposition of Ballots - When the counting of votes has been completed the presiding officer shall place the ballots that have been counted and the rejected ballots for each medical electoral district in an envelope provided for that purpose, and shall seal and sign the envelopes.

6.14 Equality of Votes - When an equality of votes is found to exist between any two or more candidates, and an additional vote would entitle one of the candidates to be declared elected, the deciding vote shall be drawn by lot from the names of the candidates.

6.15 Subsection 17(1) Election - Where the election is held under subsection 17(1) of the Medical Act the period referred to in subsection 6.6 hereof shall be 50 calendar days, and the period referred to in subsection 6.9 hereof shall be 21 days.

6.16 Postal Service Disruption - In the event of disruptions in postal service, the presiding officer may extend the time limited by this regulation for the doing of any act.

7.1 Elected Officers - Council shall hold a meeting immediately before the annual meeting of the College to elect from among its members a President and Vice-President. In case the office of President or Vice-President becomes vacant at any time, the vacancy may be filled by Council from among its members.

7.2 Term of Office and Remuneration - In the absence of a written agreement to the contrary Council may remove at its pleasure any officer of the College. The terms of employment of the President and other officers elected or appointed by Council shall be settled from time to time by Council.

7.3 President - The President is charged with the general supervision of the business and affairs of the College. Except when Council has appointed a Registrar or Acting Registrar, the President also has the powers and duties of that office.

7.4 Vice-president - During the absence or inability of the President his duties may be performed and his powers may be exercised by the Vice-President. If the Vice-President exercises any duty or power of the President, the absence or inability of the President to act is presumed and any person may rely on the act of the Vice-President and the College is bound by the act. The Vice-President shall also perform other duties and exercise the powers the President may from time to time delegate to him or Council may prescribe by resolution.

7.5 Registrar - The Registrar is responsible for the general management and direction, subject to the authority of Council and the supervision of the President, of the College's business and affairs and has the power to appoint and remove any employees and agents of the College not appointed directly by Council and to settle the terms of their employment and remuneration. The Registrar shall give, or cause to be given, all notices required to be given under the Act, the regulations or otherwise to members of the College, members of Council, auditors and members of Committees. The Registrar shall maintain the Registers required to be kept under the Act in accordance with the Act and regulations. Except when Council has appointed a Secretary, the Registrar has the powers and is responsible for the duties of that office.

7.6 Secretary - The Secretary shall attend all meetings of Council and of the members of the College and shall enter or cause to be entered in books kept for that purpose minutes of all proceedings at the meetings. The Secretary is the custodian of the stamp or mechanical device generally used for affixing the corporate seal of the College and of all books, papers, records, documents, and other instruments belonging to the College and shall perform other duties as may from time to time be prescribed by Council.

7.7 Treasurer - The Registrar is the Treasurer of the College, and as Treasurer shall keep full and accurate books of account in which shall be recorded all receipts and disbursements of the College and, under the direction of Council, shall control the deposit of money, the safekeeping of securities and the disbursement of the funds of the College. The Treasurer shall render to Council at the meetings of Council or whenever required, an account of all transactions as Treasurer and of the financial position of the College. The Treasurer shall also perform other duties prescribed from time to time by Council.

7.8 Other Officers - The duties of all other officers of the College shall be established by the terms of their engagement or Council requires of them. Any of the powers and duties of an officer to whom an assistant has been appointed may be exercised and performed by the assistant unless Council otherwise directs.

7.9 Variation of Duties - From time to time Council may vary, add to or limit the powers and duties of any officer or officers.

7.10 Fidelity Bonds - Council may require the officers, employees and agents of the College to furnish bonds for the faithful discharge of their duties in the form and with a surety Council may from time to time prescribe.

8.1 Establishment of Committees - Council may appoint from time to time committees or boards it considers appropriate or necessary to accomplish the objectives of the College.

8.2 Nominees to the Medical Council of Canada - Council shall appoint its representatives on the Medical Council of Canada or its successor ("MCC") and to the Federation of Medical Regulatory Authorities of Canada or its successor ("FMRAC") from members of Council or the College, and Council may appoint the Registrar as a representative. If a representative is a member of Council or the College, his or her term will be established by Council at the time of their appointment or, if their term is not established and they are a member of Council, their appointment will expire on the same date their term on Council expires or they resign from Council, whichever is the earlier date, unless Council extends their term. If a nominee is the Registrar, his or her term will expire on the same date their appointment as Registrar expires or terminates unless Council otherwise directs. Representatives serve at the pleasure of Council and Council may revoke their appointment at any time without cause or reason.

9.1 Registers - The Medical Register, Medical Education Register, Medical Specialist Register and Corporations register may be in bound form, file card, or loose-leaf form or in photographic file form, or may be entered or recorded by any system of mechanical or electronic data processing or by any other information storage device that is capable of reproducing any required information in intelligible form within a reasonable time.

10.1 Banking Arrangements - The banking business of the College shall be transacted with one or more banks, trust companies, credit unions or other financial institutions carrying on a banking business in New Brunswick as Council may designate, appoint or authorize from time to time by resolution. All banking business shall be transacted on the College's behalf by one or more officers or other persons Council designates, directs or authorizes from time to time by resolution to the extent provided in the resolution including, without limitation,

(a) the operation of the College's accounts;

(b) the making, signing, drawing, accepting, endorsing, negotiating, lodging, depositing, or transferring of any cheques, promissory notes, drafts, acceptances, bills of exchange and orders for the payment of money;

(c) the giving of receipts for money or other property of the College;

(d) the execution of any agreement relating to any banking business and defining the rights and powers of the parties; and

(e) the authorizing of any officer of a financial institution to do any act or thing on the College's behalf to facilitate the banking business of the College.

10.2 Money, Securities, Borrowing and Liabilities - Council may from time to time:

(a) borrow money on the credit of the College;

(b) issue, sell or pledge securities (including bonds, debentures, debenture stock or other like liabilities) of the College but no invitation shall be extended to the public to subscribe for any the securities;

(c) charge, mortgage, hypothecate, pledge or encumber in any manner all or any of the real or personal property of the College, including book debts and rights, powers and franchises, to secure any money borrowed, or other debt, or any other obligation or liability of the College; or

(d) give indemnities to any member of Council, a committee or board, or to any other person who has undertaken or is about to undertake any liability on behalf of the College and secure any member of Council or other person against loss or damage by encumbering the security of the real and personal property of the College.

10.3 Execution of Instruments - Deeds, transfers, assignments, contracts and obligations on behalf of the College may be signed by the President and Registrar together or, if the President or the Registrar is unavailable, the President or the Registrar together with any other officer of the College, and the Corporate seal shall be affixed to the instruments requiring the seal. Notwithstanding any regulation to the contrary, Council may at any time and from time to time designate the officer or officers or council member or members or any other person or persons who may sign any particular deed, transfer, contract or obligation or any class of deeds, transfers, contracts or obligations of the College and the manner in which they may sign. The Registrar may sign under the corporate seal or otherwise all instruments required in the ordinary course of the business of the College.

11.1 Computation of Time - In computing the date when notice must be given under any provision of the Act or the regulation requiring a specified number of days notice of any meeting or other event, the date of giving the notice and the date of the meeting or other event shall be excluded except for a special meeting of the Executive Committee called under section 5.3 of this regulation.

11.2 Omissions and Errors - The accidental omission to give notice to a member, member of Council, member of a committee or Board, officer or auditor, or the non-receipt of any notice by a member, a member of Council, a member of a committee or Board, officer, or auditor or any error in any notice not affecting the substance of the notice does not invalidate any action taken at any meeting held pursuant to the notice or any act taken as a result of any action taken at the meeting.

11.3 Waiver of Notice - Any member, any member of Council, any member of a committee or Board, or any officer or auditor may waive any notice required to be given under any provision of the Act or the regulations, and the waiver, whether given before or after the meeting or other event of which notice is required, shall cure any default in giving the notice.

11.4 How Notice Given - Notices to members, council members, committee members, members of Boards or other persons must be in writing (except for notice of a special meeting of the Executive Committee called under section 5.3 and may be given by

(a) personal delivery,

(b) first class mail sent to the last address of the member or other person shown on the records of the College,

(c) facsimile transmission to the last facsimile number of the member or other person shown on the records of the College,

(d) electronic mail to the last electronic mail address of the member or other person shown on the records of the College, or

(e) other electronic transmission to the last electronic transmission address of the member or other person shown on the records of the College,

and notice of a special meeting of the Executive Committee called under section 5.3 of this regulation may also be given by telephone.

Notice given by personal delivery shall be considered to be given on the day of delivery. Notice given by first class mail shall be considered to be given on the third business day following the date of mailing. Notice given by facsimile transmission, electronic mail or other electronic transmission shall be considered to be given on the day transmitted if a business day and if sent prior to 4:00 PM or on the first business day following the date of the transmission if transmitted after 4:00 PM. Notice given by telephone shall be considered to be given at the time of the telephone call.

12.1 Notice Requirements - Regulations shall be enacted, repealed or amended by Special Resolution of Council. A regulation shall not be enacted, repealed or amended unless written notice of the proposed regulation, repeal or amendment has been given by a member of Council or the Registrar at least thirty (30) days prior to the regular or special meeting of Council at which the enactment, repeal or amendment will be proposed unless all members of Council waive the notice requirement in writing.

The foregoing Regulation #1 with respect to the Business and Affairs of the College, designated as The General Regulation, has been passed by Council of the College pursuant to the Medical Act as evidenced by the signatures of the President and Registrar of the College. 

FORMS 

FORM "A" - NOTICE OF ELECTION and

FORM "B" - NOMINATION PAPERS can be downloaded right here by clicking on the link. Once you have downloaded the file, unzip it, and print out the files. They are in Microsoft Word format.

Download FORM "A" and FORM "B" here.

Adopted 11/81; replaced 2/99; replaced 06/09; amended 11/00; 4/10, amended 06/23