Alberta Regulation 325/2003

Funeral Services Act

EXEMPTION AMENDMENT REGULATION

Filed: November 19, 2003

Made by the Lieutenant Governor in Council (O.C. 510/2003) on November 19,

2003 pursuant to

section 2 of the Funeral Services Act.

1 The Exemption Regulation (AR 233/98) is amended by this Regulation.

Section 1.1(2)(a)(

i) is repealed and the following is substituted:

(

i) is completed by a public accounting firm within the meaning of

the Regulated Accounting Profession Act, and

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Alberta Regulation 326/2003

Land Titles Act

FORMS AMENDMENT REGULATION

Filed: November 19, 2003

Made by the Lieutenant Governor in Council (O.C. 511/2003) on November 19,

2003 pursuant to sections 164 and 213 of the Land Titles Act.

1 The Forms Regulation (AR 480/81) is amended by this Regulation.

2 Form 32 is amended by striking out

3. The present value of the land, in my opinion, is $______________.

("land" includes buildings and all other improvements affixed to the

land.)

and substituting

3. The current value* of the land**, in my opinion, is $______________.

* "value" means the dollar amount that the land might be expected to

realize if it were sold on the open market by a willing seller to a willing

buyer.

** "land" includes buildings and all other improvements affixed to

the land.

3 This Regulation comes into force on January 1, 2004.

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Alberta Regulation 327/2003

Employment Standards Code

EMPLOYMENT STANDARDS AMENDMENT REGULATION

Filed: November 19, 2003

Made by the Lieutenant Governor in Council (O.C. 512/2003) on November 19,

2003 pursuant to

section 113 of the Employment Standards Code.

1 The Employment Standards Regulation (AR 14/97) is amended by this

Regulation.

2 The

Schedule is amended by adding the following after item 9:

10 Newfoundland and Labrador

Director of Labour Standards for Newfoundland and Labrador

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Alberta Regulation 328/2003

Public Health Act

FOOD AND FOOD ESTABLISHMENTS REGULATION

Filed: November 19, 2003

Made by the Lieutenant Governor in Council (O.C. 516/2003) on November 19,

2003 pursuant to

section 66 of the Public Health Act.

Table of Contents

Interpretation and Application

Interpretation 1

Application and exemptions 2

Part 1

Permits and Operation under Permit

Requirement for food establishment permit 3

Issue and renewal 4

Mobile work camp kitchens 5

Jurisdiction for vehicles 6

Permit fee provisions 7

Term and duration 8

Identification of location 9

Non-transferability 11

Suspension 12

Cancellation 13

Notifications 14

Display 15

Part 2

Construction, Design and Facilities

Plans and specifications, and approval 16

General construction requirements 17

Equipment, utensil and food surface requirements 18

Part 3

Specific Operation and Maintenance Requirements

General operator requirements 19

Basic operating requirements 20

Storage of articles and materials 21

Pests and control measures 22

Requirement to obtain certain food from approved sources 23

Contamination and unfitness for human consumption 24

Processing 25

Storage, display and transportation 26

Transportation, storage or distribution units 27

Previously served food 28

Facilities, equipment and utensils - post-construction 29

Sanitation procedures 30

Food handlers - hygiene and health 31

Food safety training 32

Live animals 33

Part 4

Farmers' Markets

Interpretation for

Part 4 34

General building requirements 35

Regular duties of market permit holders 36

Sale or offer for sale by stallholders 37

Part 5

Transitional, Repeal, Expiry and Commencement

Transitional 38

Repeal 39

Expiry 40

Coming into force 41

Interpretation and Application

Interpretation

1(1) In this Regulation,

(a) "abattoir" means an abattoir within the meaning of the Meat

Inspection Regulation (AR 42/2003);

(b) "container" means a receptacle or covering used to contain,

cover, package or wrap food;

(c) "contamination" means the presence of

(

i) foreign matter, including filth, a poisonous

substance or a pest, or

(ii) disease-causing microorganisms or parasites, or

toxins;

(d) "equipment" means any appliance, apparatus or device that is or

may be used in the operation or maintenance of a food establishment, but

does not include utensils;

(e) "farmers' market" means a food establishment whose proposed

operation by a person or group of persons has been approved by the Minister

responsible for agriculture as an approved farmers' market program under

the administration of that Minister's Department;

(f) "food" means any substance, including water and ice, intended

for use in whole or in part for human consumption, but does not include a

drug, medication or health related product regulated under the

Pharmaceutical Profession Act or the Food and Drugs Act (Canada);

(g) "food area" means any area, including all equipment and

utensils in it, in a food establishment where food is processed, handled,

served or stored as part of the normal operation of the food establishment,

and "non-food areas" means other areas in the food establishment;

(h) "food bank" means a non-profit organization that

(

i) operates exclusively to provide food to persons in

need,

(ii) provides food for consumption by such persons off

the organization's premises, and

(iii) does not process food;

(i) "food establishment" means, subject to subsections (3) to (6),

(

i) premises where food that is intended for

consumption by the public is served, offered for sale, displayed,

processed, packaged, stored or handled, or

(ii) the operation of, or the business that consists of

or includes the operation of, those premises,

and includes a work camp and any other premises or operation

food consumption in respect of which is specifically provided for in this

Regulation;

(j) "food handler" means an individual working in or for a food

establishment whose functions require or permit the person to be in contact

with any food, equipment or utensil;

(k) "handwashing station" means a hand basin that is equipped to

provide hot and cold running water and that, in its immediate vicinity,

(

i) has a dispenser for the provision of soap or is

otherwise provided with soap in a container, and

(ii) has a method of hand drying that uses single

service products or a mechanical hand dryer;

(l) "meat inspection legislation" means the Meat Inspection Act of

Alberta or of Canada and the regulations under that Act or either of them,

as the case may be;

(m) "operator" means the person or persons who operate the food

establishment in question;

(n) "permit" means a food establishment permit issued or renewed

under

section 4;

(o) "pest" means

(

i) rodents, cockroaches, flies or other insects or

other vermin, or

(ii) any other animals that are potentially destructive

to the sanitary operation or maintenance of a food establishment;

(p) "potentially hazardous" means, with respect to food, in a form

or state that is capable of supporting the growth of pathogenic

micro-organisms or the production of toxins;

(q) "premises" includes any place or vehicle;

(r) "pre-packaged" means, in relation to food, already packaged

when the person who is selling the food obtained it;

(s) "processing" means transforming food so that no further

treatment is required prior to human consumption and, without limiting

those general words, includes thawing, heating, cutting, cooking, smoking,

chilling, reheating, salting, canning, freezing and pasteurizing;

(t) "regional health authority" or "authority" means the regional

health authority that has jurisdiction in the health region in which,

subject to

section 6, the food establishment in question is located;

(u) "sanitary" means free from contamination;

(v) "sanitize" means treat in such a way as to reduce the

micro-organism population to a level that does not constitute an insanitary

condition;

(w) "serve" includes dispense, supply, feed, furnish, sell,

distribute or provide in any manner;

(x) "service animal" means an animal that is specifically trained

or being trained for the purpose of providing assistance to persons with

disabilities;

(y) "single service" means designed to be used only once and then

discarded;

(z) "temporary food establishment" means premises that are operated

as a food establishment for fewer than 15 days during any calendar year,

but does not include a church, school, community hall or similar premises

that are permanently equipped as a food establishment;

(aa) "utensils" means kitchenware, tableware, cutlery and other

similar items used in the processing, serving or consuming of food;

(bb) "work camp" means a work camp within the meaning of the Work

Camps Regulation (AR 218/2002).

(2) Reference in this Regulation to the Alberta Building Code is to be

taken to refer to whatever is or was required to comply with the regulation

dealing with building code requirements that is or was current for the time

the relevant work is or was done.

(3) For the purposes of this Regulation, all food in a food establishment

is deemed to be offered for sale and intended for human consumption unless

it is clearly segregated and is identified to the satisfaction of the

executive officer

(

a) as being held for return to an identified supplier or owner,

(

b) for disposal, or

(

c) for the personal use of the operator, food handlers or

employees in the food establishment.

(4) For the purposes of this Regulation,

(

a) references to performing an activity are deemed to include

omitting to act, and

(

b) references to any premises "where" an activity takes place is

to be taken to include reference to any premises in, on or from which that

activity takes place.

(5) The existence in any premises of vending machines from which food,

that is supplied by a commissary or depot that warehouses vending machine

food or that is pre-packaged, is sold does not in itself make those

premises a food establishment.

(6) The provision by a business establishment of individually portioned

food at no charge to its clients or customers does not in itself make that

business establishment a food establishment.

Application and exemptions

2(1) This Regulation does not apply to a day care facility or other

institution within the meaning of the Institutions Regulation, 1981 (AR

143/81) that provides food only to 10 or fewer persons.

(2) Parts 2 and 3 apply to all food establishments except

(

a) one in which food is processed and served by a voluntary

caterer for functions that are strictly limited to members of the

organizations holding the functions and their invited guests, and

(

b) a farmer's market.

(3) Part 4 applies only to farmers' markets.

(4) In this section, "voluntary caterer" means a member of a group or a

group that prepares and serves food for functions without payment or other

compensation.

(5) Exemptions under

section 3(2)(

h) and 7(1)(

e) are to be treated as

incorporated by reference in this Regulation, but the Minister shall

attempt to bring each such exemption to the attention of all persons likely

to be affected by it.

Part 1

Permits and Operation under Permit

Requirement for food establishment permit

3(1) A person shall not operate a food establishment unless that person

holds a valid and subsisting permit for that food establishment from the

regional health authority.

(2) Subsection (1) does not apply to

(

a) premises under the supervision of the Canadian Food Inspection

Agency,

(

b) a dairy manufacturing plant licensed under the Dairy Industry

Act,

(

c) an abattoir licensed under the meat inspection legislation,

(

d) the sale of

(

i) liquor, or

(ii) liquor related products approved by the board of

the Alberta Gaming and Liquor Commission for the purposes of

section 49 of

the Gaming and Liquor Regulation (AR 143/96),

under a licence issued under the Gaming and Liquor Act,

(

e) a temporary food establishment,

(

f) the sale by a farmer from that farmer's farm of the unprocessed

horticultural products of that farm,

(

g) the distribution from a stand or kiosk of individually

portioned samples of a particular food at no charge, for the purpose of

promoting the sale of that food, or

(

h) any other food establishment specified by the Minister in

writing.

Issue and renewal

4(1) To obtain a food establishment permit other than by way of a renewal,

the person who is to operate the food establishment must submit a written

application to the regional health authority accompanied by the information

required by the authority.

(2) The authority shall, within a reasonable time after receiving

(

a) an application under subsection (1) for a food establishment

permit, and

(

b) the permit issue fee set by the Minister,

issue a food establishment permit to the applicant unless the authority

considers that the food establishment does not or will not meet the

requirements of this Regulation.

(3) An authority shall, subject to this Part, establish a system and rules

for renewals of permits, which rules are to include the requirement to pay

to the authority the renewal fee set by the Minister.

(4) Notwithstanding anything in this section, an authority may issue or

renew a food establishment permit for the operation of a farmers' market

only to the person or group of persons referred to in

section 1(1)(e).

(5) Where a permit is issued or renewed in respect of premises that

(

a) supply food to a vehicle which, but for this subsection, would

require a permit, and

(

b) are owned or controlled by the person who owns or controls the

vehicle,

then, notwithstanding anything in this Regulation, that permit also covers

and applies to the operation of that vehicle.

(6) A permit is not effective unless signed by an executive officer.

Mobile work camp kitchens

5(1) In this section, "mobile work camp kitchen" means a mobile unit used

for the processing of food at a work camp.

(2) Where a person operates more than one mobile work camp kitchen within

the jurisdiction of a single regional health authority, notwithstanding

section 3(1), one permit from that authority covers all of those mobile

work camp kitchens in that jurisdiction to the extent that a mobile work

camp kitchen has not provided services to or remained located at any one

particular work camp in that jurisdiction for a continuous period of 12

months that expires at any time within the term of the permit.

Jurisdiction for vehicles

6(1) The regional health authority that has the jurisdiction to issue or

renew a permit for a passenger transportation vehicle that is a food

establishment is the one that has jurisdiction in the health region in

which the person who owns or controls the vehicle maintains

(

a) the head office, if located in Alberta, or

(

b) the principal office in Alberta, if the head office is not

located in Alberta.

(2) The authority that has the jurisdiction to issue or renew a permit for

a vehicle that is a food establishment but not a passenger transportation

vehicle is the one that has jurisdiction in the health region in which the

vehicle is stocked with most of the vehicle's food.

(3) Where an authority issues or renews a permit in respect of a vehicle

in accordance with subsection (1) or (2), that permit is deemed also to

have been issued or renewed by the authority that has jurisdiction in any

other health region in which the vehicle operates.

(4) A permit holder shall ensure that all food on or in a vehicle that is

a food establishment, if obtained in Alberta, is obtained from a food

establishment in respect of which there is a valid and subsisting permit or

from a food establishment exempted from the requirement of a permit under

section 3(2).

Permit fee provisions

7(1) A food establishment that

(

a) sells only pre-packaged food (including pre-packaged ice) that

is not potentially hazardous,

(

b) is operated by an organization that is registered as a

charitable organization under the Income Tax Act (Canada),

(

c) is a day care facility or other institution within the meaning

of the Institutions Regulation, 1981 (AR 143/81) that provides food to more

than 10 persons,

(

d) a private dwelling, commonly known as a "bed and breakfast",

that is occupied by its owner or operator, offers overnight hospitality to

8 or fewer guests at any one time and provides breakfast but no other meal,

(

e) is specified in writing by the Minister as so exempt,

is exempt from paying the permit issue or renewal fee.

(2) The regional health authority may exempt an applicant from payment of

the permit issue or renewal fee if it considers that exemption appropriate.

Term and duration

8(1) The term of a permit is that stated on the permit, but may not exceed

a period of one year.

(2) A permit is valid until the end of its term unless previously

suspended under

section 12 or cancelled under

section 13 or until the

earlier death of the permit holder.

(3) Notwithstanding anything in this section, on the death of an

individual who is a permit holder, the deceased's legal personal

representative may, subject to this Regulation, continue to operate the

food establishment under the permit for a period of 12 months following the

date of death, and that representative is entitled, subject to this

Regulation, to an automatic renewal of the deceased's permit under

section

4(3) until the expiration of that 12-month period on payment of the renewal

fee under that subsection.

Identification of location

9(1) A permit must identify the premises where the food establishment will

be operated.

(2) Subsection (1) does not apply to vehicles covered under

section 4(5).

10(1) A regional health authority may make the issue or renewal of a

permit subject to

(

a) restrictions on the type of food that, or the manner in which

any type of food, may be served, manufactured, processed or stored, and

appropriate.

(3) The authority may recall and add to, delete or vary the terms and

conditions to which a permit is subject.

permit are not contravened.

(5) A person who carries on any activity under the purported authority of

Non-transferability

11 A permit is not transferable.

Suspension

12 A regional health authority may suspend a permit where it considers

that

(

a) there is an insanitary condition in the food establishment, or

(

b) there has been a contravention of the Act or the regulations

under it with respect to the food establishment, whether or not the permit

holder has been prosecuted in respect of the contravention.

Cancellation

13(1) A regional health authority may cancel a permit where

(

a) the permit is under suspension and the conditions that led to

the suspension are not rectified within a reasonable time after the

suspension,

(

b) the food establishment is no longer operated at the premises

where the permit indicates the food establishment is to be operated,

(

c) there has been a contravention of the Act or the regulations

under it with respect to the food establishment, whether or not the permit

holder has been prosecuted in respect of the contravention, or

(

d) the permit holder applies for the cancellation.

(2) A permit remains the property of the authority that issued or renewed

it and, if it is cancelled or suspended, the permit holder shall return it

to the authority on request.

Notifications

14(1) Where an application for a permit or a renewal is refused, the

regional health authority shall

(

a) notify the applicant in writing of that fact, and

(

b) return the permit issue or renewal fee, as the case may be, to

the person who paid it.

(2) Where a permit is suspended or is cancelled under

section 13(1)(

a) or

(c), the authority shall notify the permit holder of the fact, stating the

reasons for the suspension or cancellation.

(3) A notice of suspension or cancellation of a permit must be in writing

and is not valid unless signed by an executive officer.

Display

15(1) A permit holder shall ensure that the permit is displayed in the

food establishment covered by the permit in a conspicuous place where it

may be easily seen by persons served.

(2) Subsection (1) does not apply to vehicles covered under

section 4(5).

(3) A permit holder whose permit covers a vehicle under

section 4(5)

shall ensure that there is displayed in a prominent place on the vehicle

the name, address and telephone number of the food establishment whose

permit covers the vehicle.

Part 2

Construction, Design and Facilities

Plans and specifications, and approval

16 A person shall not construct or make alterations to a food

establishment unless plans and specifications for the construction or

alterations, as the case may be, have been approved by the executive

officer.

General construction requirements

17(1) An operator shall ensure that, before operation of the food

establishment commences, the food establishment

(

a) is of sound construction and in a good state of repair,

(

b) is so designed as to facilitate the effective cleaning and

sanitizing of it and all equipment, utensils and surfaces with which food

comes into contact, in it,

(

c) is so designed as to ensure the safe and sanitary handling of

food in it,

(

d) has all its food areas separated from living quarters and from

other areas where activities are carried out that are incompatible with the

safe and sanitary handling of food,

(

e) has handwashing stations, adequate in number and location, to

ensure convenient access to all food handlers, and

(

f) is, if so required by the executive officer,

(

i) supplied with hot and cold running water that is

safe for human consumption and available in quantities sufficient to meet

the needs of the food establishment,

(ii) connected to a lawful and properly operating sewage

disposal system,

(iii) equipped with lighting that is adequate in

intensity to enable the sanitary operation and maintenance of the food

areas, and

(iv) equipped with a properly operating means of

providing ventilation to food areas that are subject to the generation or

accumulation of odours, fumes, steam, vapours, smoke or excessive heat.

(2) An operator shall ensure that the food establishment is constructed to

prevent the entry of pests.

(3) Nothing in this

Part is to be construed as setting aside or limiting

any requirements of the Alberta Building Code or the Occupational Health

and Safety Act and the regulations under that Act.

Equipment, utensil and food surface requirements

18 An operator shall ensure that

(

a) all equipment and utensils used in the food establishment and

all surfaces in it with which food comes into contact are entirely

constructed or manufactured from materials that are suitable for their

intended purpose, durable, easily cleanable and free from any undesirable

substance, and

(

b) all refrigeration and hot holding equipment used in the food

establishment are

(

i) of a type and capacity that are adequate to meet

the needs of the food establishment,

(ii) capable of maintaining the respective temperatures

required by

section 26, and

(iii) equipped with an accurate thermometer.

Part 3

Specific Operation and

Maintenance Requirements

General operator requirements

19 An operator shall ensure that the operation and maintenance of the

food establishment is conducted in accordance with this Part.

Basic operating requirements

20 A person shall not operate a food establishment unless

(

a) all the requisite plans and specifications referred to in

section 16 for the food establishment have been approved by the executive

officer,

(

b) it is constructed and maintained in accordance with that

approval, and

(

c) the requirements of sections 17 and 18 continue to be met.

Storage of articles and materials

21(1) All articles and materials in a food establishment that are not

associated with or required for the operation or maintenance of the food

areas must be stored separately from the food and the food areas and in a

manner that contaminates neither.

(2) All chemicals, cleansers and other similar agents associated with or

required for the operation or maintenance of the food areas must be stored

(

a) in containers that are not intended to be used to store food

and that are clearly labelled to identify their contents, and

(

b) in such a manner as to prevent the contamination of any food or

food area.

Pests and control measures

22(1) The food establishment and any surrounding area, premises or

facilities supporting the food establishment must be kept free of pests and

of conditions that lead to the harbouring or breeding of pests.

(2) A written record of all pest control measures used in the food

establishment and surrounding area, premises and facilities referred to in

subsection (1) must be maintained.

Requirement to obtain certain food from approved sources

23(1) Subject to this section, a food establishment must obtain all food

Alberta or by an agency of either from a source that is subject to

inspection by that entity.

(2) Subsection (1) does not apply to an abattoir that lawfully provides

cutting and wrapping services for uninspected meat, but such meat must be

clearly labelled, adequately separated from all other food and identified

as not for public consumption to the satisfaction of the executive officer.

(3) The regional health authority may, where it is satisfied that public

health will be adequately protected, authorize the use of uninspected wild

game, being wildlife within the meaning of the Wildlife Act, for the

holding of wild game dinners or food bank or soup kitchen donations.

Contamination and unfitness for human consumption

24(1) All food used or to be used in a food establishment must be

(

a) protected from contamination, and

(

b) handled, processed, packaged, displayed, served, stored and

transported in a sanitary manner.

(2) Subject to any procedure involved in disposing of it that is otherwise

in accordance with the law, food that has become contaminated or otherwise

unfit for human consumption shall not be served, offered for sale,

processed, packaged, displayed or stored for human consumption.

Processing

25 All food processing in a food establishment must be done in a manner

that makes the food safe to eat.

Storage, display and transportation

26(1) All potentially hazardous food must be stored, displayed and

transported at a temperature of

(

a) not more than 4øC or such higher temperature, or

(

b) not less than 60øC or such lower temperature

as an executive officer stipulates under subsection (4).

(2) All food that needs to be kept frozen in order to maintain its fitness

for human consumption must be and remain frozen while being stored or

displayed.

(3) Subsection (1) does not apply to whole raw shell eggs, which must be

stored at a temperature not exceeding 7øC or such other temperature as an

executive offer stipulates under subsection (4).

(4) An executive officer may stipulate alternative temperatures for the

purposes of subsections (1) and (3), with associated conditions, if

applicable, if that officer considers that those temperatures, along with

those conditions, pose no risk of the food's becoming unfit for human

consumption.

Transporta-tion, storage or distribution units

27 A food establishment that is a food transportation, storage or

distribution unit must be operated under conditions that prevent any form

of contamination of the food.

Previously served food

28 Food that has previously been served must not be re-served unless

(

a) it is not potentially hazardous,

(

b) it has remained free of contamination, and

(

c) either

(

i) it is, and on each previous occasion was, served in

a contamination-preventive container, or

(ii) it is individually packaged, and has remained

unopened and untampered with in its original container.

Facilities, equipment and utensils - post-construction

29(1) A food establishment must have all the facilities, equipment and

utensils that are necessary to ensure its safe operation and maintenance.

(2) A food establishment, all equipment and utensils in it and all

surfaces in it with which food comes into contact must be maintained in a

sanitary condition and, without limiting the foregoing, must be washed and

sanitized in a manner that removes contamination.

(3) All equipment and utensils in a food establishment must be

(

a) kept in good working order and condition, and

(

b) maintained in a manner that ensures the safe and sanitary

handling of food.

(4) Single service utensils must not be used more than once.

Sanitation procedures

30(1) A food establishment must have written procedures designed to ensure

its safe and sanitary operation and maintenance.

(2) The procedures must include

(

a) the cleaning and sanitizing requirements for the food

establishment and for all equipment and utensils in it, if any, that are

not normally washed in a dishwasher, and

(

b) a list of all cleaning and sanitizing agents used in the food

establishment, including their concentrations and uses.

Food handlers - hygiene and health

31(1) A food handler shall

(

a) wear clean clothing and footwear,

(

b) exhibit cleanliness and good personal hygiene,

(

c) ensure that food is not contaminated by hair,

(

d) wash hands as often as necessary to prevent the contamination

of food or food areas,

(

e) refrain from smoking in a food area, and

(

f) refrain from any other conduct that could result in the

contamination of food or a food area.

(2) A person shall not work as a food handler if prohibited from working

by or under the Communicable Diseases Regulation (AR 238/85).

(3) The operator shall ensure that subsections (1) and (2) are complied

with.

(4) The handwashing stations referred to in

section 17(1)(

e) must be

maintained and kept supplied.

Food safety training

32(1) A person operating a food establishment shall, at any time when

there are 6 or more food handlers working on the premises, ensure that

(

a) at least one individual who has care and control of the food

establishment holds a certificate issued by the Minister confirming that

individual's successful completion of a food sanitation and hygiene

training program or a document that the Minister considers equivalent to

such a certificate, and

(

b) an individual described in clause (

a) is present at the food

establishment at the time.

(2) A person operating a food establishment shall, at any time when there

are 5 or fewer food handlers working on the premises, ensure that at least

one member of the management or supervisory staff of the food establishment

holds a certificate or equivalent document referred to in subsection (1).

(3) This

section does not apply to a food establishment where

(

a) only unpackaged food that is not potentially hazardous is made

available to the public, or

(

b) all the food received by the food establishment for public

consumption is received in prepackaged form and is made available to the

public only in the same form in which it was received.

Live animals

33 A live animal must not be permitted in a food area, except

(

a) a service animal to the extent that the law gives service

animal handlers rights with respect to that food area,

(

b) an animal that is in an abattoir in accordance with the meat

inspection legislation, or

(

c) another animal that the executive officer determines will pose

no risk of the occurrence of a nuisance in the food establishment and whose

presence that officer specifically authorizes.

Part 4

Farmers' Markets

Interpretation for

Part 4

34 In this Part,

(a) "market permit holder" means the holder of a permit issued or

renewed under

section 4(4);

(b) "stallholder" means a person who rents space at a farmers'

market.

General building requirements

35 Except where the Alberta Building Code provides otherwise, a market

permit holder shall ensure

(

a) that the farmers' market is supplied with hot and cold running

water that is safe for human consumption and available in quantities

sufficient to meet the needs of the farmers' market, and

(

b) that toilet and handwashing facilities of a design and in a

number sufficient to meet the needs of the farmers' market are provided

(

i) at the location of the farmers' market, or

(ii) at a nearby location through agreement with another

person.

Regular duties of market permit holders

36(1) A market permit holder shall ensure that

(

a) stallholders' spaces are clean and sanitary,

(

b) counters and display areas in stallholders' spaces are finished

in or covered with a material that is easily cleaned,

(

c) stallholders' spaces are cleaned at the end of each business

day,

(

d) there are sufficient refuse containers to service the customers

visiting the farmers' market, and

(

e) there is sufficient removal of refuse at the end of each

business day.

(2) A market permit holder shall ensure that adequate clean-up equipment

is provided for the use of stallholders.

Sale or offer for sale by stallholders

37(1) A stallholder shall not sell or offer for sale

(

a) uninspected meat,

(

b) home-canned food other than jam, jelly and pickles,

(

c) potentially hazardous food, other than whole raw shell poultry

eggs, unless it is held at a temperature of not more than 4øC and not less

than 60øC, or

(

d) home prepared food unless it is protected in a manner adequate

to prevent customer handling and contamination.

(2) A stallholder shall not offer for sale whole raw shell poultry eggs

unless they are stored at a temperature not exceeding 7øC.

(3) The market permit holder shall ensure that stallholders comply with

this section.

Part 5

Transitional, Repeal, Expiry and Commencement

Transitional

38 A food establishment permit issued under the repealed Food Regulation

(AR 240/85) that was valid and subsisting immediately before the

commencement of this Regulation is deemed to have been issued under

section

4(2) and to be a permit for the purposes of this Regulation, and if such a

permit was under suspension at that time, the suspension continues

afterwards for the remainder of its duration as if the suspension had

originally been effected under this Regulation.

Repeal

39 The Food Regulation (AR 240/85) is repealed.

Expiry

40 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on August 31, 2012.

Coming into force

41 Sections 22(2), 30 and 32 come into force on April 1, 2005.

------------------------------

Alberta Regulation 329/2003

Natural Gas Price Protection Act

NATURAL GAS PRICE PROTECTION AMENDMENT REGULATION

Filed: November 19, 2003

Made by the Lieutenant Governor in Council (O.C. 518/2003) on November 19,

2003 pursuant to

section 7 of the Natural Gas Price Protection Act.

1 The Natural Gas Price Protection Regulation (AR 157/2001) is amended by

this Regulation.

Section 1 is amended

(

a) in subsection (1)(

h) by striking out "when used for heating

purposes";

(

b) in subsection (1)(h.1) by adding ", subject to subsection

(1.1)," after "means";

(

c) by adding the following after subsection (1):

(1.1) Notwithstanding subsection (1)(h.1)(ii), an agricultural

consumer may elect as his or her rebate period for the 12-month period

running from April 1, 2003 to March 31, 2004 any 5 calendar months.

(

d) in subsection (3)(

a) by striking out "December 31, 2003" and

substituting "January 31, 2004".

Section 2(1) is amended

(

a) in clause (

a) by striking out "and ATCO Pipelines North,

operating divisions" and substituting "an operating division";

(

b) in clause (

b) by striking out "and ATCO Pipelines South,

operating divisions" and substituting "an operating division".

Section 11 is amended by adding the following after subsection (2):

(3) Notwithstanding subsection (2), where the Minister considers it

appropriate to do so the Minister may with respect to a particular vendor

prescribe a date for the purpose of subsection (2)(

a) and (

b) that is later

than the date of receipt and approval of the written confirmation.

Section 13(b)(

i) is amended by adding "or the residence is equipped

with an appliance capable of using propane, kerosene or fuel oil for

heating purposes" after "delivered".

Section 14 is amended by adding "or the residence is equipped with an

appliance capable of using propane, kerosene or fuel oil for heating

purposes" after "residence".

------------------------------

Alberta Regulation 330/2003

Municipal Government Act

MATTERS RELATING TO ASSESSMENT AND TAXATION

AMENDMENT REGULATION

Filed: November 20, 2003

Made by the Minister of Municipal Affairs (M.O. L:139/03) on November 14,

2003 pursuant to sections 322 and 370 of the Municipal Government Act.

1 The Matters Relating to Assessment and Taxation Regulation (AR 289/99)

is amended by this Regulation.

Section 1 is repealed and the following is substituted:

Definitions

1 In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "agricultural use value" means the value of a

parcel of land based exclusively on its use for farming operations;

(c) "assessment level" means for the property

assessment class, the overall ratio of assessments to indicators of market

value;

(d) "Assessment Quality Minister's Guidelines" means

the Alberta Assessment Quality Minister's Guidelines established and

maintained by the Department of Municipal Affairs, as amended from time to

time;

(e) "assessment ratio" means the ratio of the

assessment to an indicator of market value for a property;

(f) "assessment year" means the year prior to the

taxation year;

(g) "coefficient of dispersion" means the average

percentage deviation of the assessment ratios from the median assessment

ratio for a group of properties;

(h) "farm building" means any improvement other than a

residence, to the extent it is used for farming operations;

(i) "farming operations" means the raising, production

and sale of agricultural products and includes

(

i) horticulture, aviculture, apiculture

and aquaculture,

(ii) the production of livestock as defined

in the Livestock and Livestock Products Act, and

(iii) the planting, growing and sale of sod;

(j) "machinery and equipment" means materials, devices,

fittings, installations, appliances, apparatus and tanks other than tanks

used exclusively for storage, including supporting foundations and footings

and any other thing prescribed by the Minister that forms an integral part

of an operational unit intended for or used in

(

i) manufacturing,

(ii) processing,

(iii) the production or transmission by

pipeline of natural resources or products or byproducts of that production,

but not including pipeline that fits within the definition of linear

property in

section 284(1)(k)(iii) of the Act,

(iv) the excavation or transportation of

coal or oil sands, as defined in the Oil Sands Conservation Act,

(

v) a telecommunications system, or

(vi) an electric power system,

whether or not the materials, devices, fittings,

installations, appliances, apparatus, tanks, foundations, footings or other

things are affixed to land in such a manner that they would be transferred

without special mention by a transfer or sale of the land;

(k) "mass appraisal" means the process of preparing

assessments for a group of properties using standard methods and common

data and allowing for statistical testing;

(l) "median assessment ratio" means the middle

assessment ratio when the assessment ratios for a group of properties are

arranged in order of magnitude;

(m) "overall ratio" means the weighted ratio for a

group of properties, calculated using the median assessment ratios for

subgroups of properties within that group;

(n) "regulated property" means

(

i) land, based on agricultural use value,

(ii) a railway,

(iii) linear property, or

(iv) machinery and equipment.

Section 2 is repealed.

Section 11 is repealed and the following is substituted:

Quality standards

11(1) In this section, "property" does not include regulated

property.

(2) In preparing an assessment for property, the assessor must have

regard to the quality standards required by subsection (3) and the

procedures set out in the Assessment Quality Minister's Guidelines.

(3) The following quality standards must be met in the preparation

of assessments of property:

(

a) for any stratum, the median assessment ratio and

the corresponding coefficient of dispersion must be as follows:

Property Type Median Assessment Coefficient of

Ratio Dispersion

Property containing

1, 2 or 3 dwelling units .950 - 1.050 0 - 15.0

All other property .950 - 1.050 0 - 20.0

(

b) the assessment level for the property assessment

class must be as follows:

Property Assessment Assessment

Class Level

Residential 1.000

Non-residential 1.000

(4) The assessor must, in accordance with the procedures set out in

the Assessment Quality Minister's Guidelines, declare annually that the

requirements for assessments have been met.

(5) Subsection (3)(

b) comes into force on January 1,

Section 13 is repealed and the following is substituted:

Duty to record information

13 The assessor must, in accordance with the procedures set out in

the Assessment Quality Minister's Guidelines, maintain as a record

information about a property that is required for the preparation of the

assessment roll in respect of that property.

6 The following is added after

section 13:

Liability code

13.1 For the purposes of

section 303(f.1) of the Act, the liability

code for each assessed property must be assigned by the assessor in

accordance with the procedures set out in the Assessment Quality Minister's

Guidelines.

Corrections or changes

13.2 For the purposes of

section 305.1 of the Act, corrections or

changes to an assessment roll must be reported to the Minister in

accordance with the procedures set out in the Assessment Quality Minister's

Guidelines.

Section 14 is repealed and the following is substituted:

Duty to provide information to the Minister

14(1) For the purposes of

section 293(3) of the Act, the assessor

must provide the information required by the Minister under that

section in

accordance with the procedures set out in the Assessment Quality Minister's

Guidelines.

(2) For the purposes of

section 318 of the Act, the return referred

to in that

section must be prepared and provided to the Minister in

accordance with the procedures set out in the Assessment Quality Minister's

Guidelines.

8 The following is added after

section 14:

Assessment audits

14.1(1) The Minister may

(

a) require both annual and detailed audits of

assessments to be performed from time to time, and

(

b) appoint one or more auditors for the purpose of

carrying out those audits.

(2) An auditor

(

a) may require the attendance of any officer of a

municipality or any other person whose presence the auditor considers

necessary during the course of an audit, and

(

b) has the same powers, privileges and immunities as a

commissioner under the Public Inquiries Act.

(3) When required to do so by an auditor, the chief administrative

officer of a municipality must produce for examination and inspection all

books and records of the municipality.

(4) When required to do so by an auditor, an assessor must, in

accordance with the procedures set out in the Assessment Quality Minister's

Guidelines, provide the auditor with any assessment-related information in

the assessor's custody and control.

(5) Audits under this

section must be carried out in accordance with

the procedures set out in the Assessment Quality Minister's Guidelines.

Section 16 is repealed.

Section 17 is repealed.

Section 18 is repealed and the following is substituted:

Preparation of equalized assessment

18(1) In preparing the equalized assessments for a municipality,

(

a) the assessments for regulated property that have

been valued in accordance with this Regulation require no adjustment, and

(

b) the assessments for property other than regulated

property must be adjusted to reflect an assessment level of 1.000 using the

assessment levels determined by the Minister.

(2) The total equalized assessment for residential property is

calculated in accordance with the following formula:

Assessments for 1

residential x assessment level for

property residential property

(3) The total equalized assessment for non-residential property

other than regulated property is calculated in accordance with the

following formula:

Assessments for 1

non-residential x assessment level for

property non-residential property

Section 20 is amended by adding "and this Regulation" after "Act".

13 The

Schedule is repealed.

14 Sections 6, 7 and 10 come into force on the coming into force of

sections 10, 11, 13, 16, 17 and 20 of the Municipal Government Amendment

Act, 2002.

------------------------------

Alberta Regulation 331/2003

Cemeteries Act

GENERAL AMENDMENT REGULATION

Filed: November 24, 2003

Made by the Minister of Government Services (M.O. C:014/2003) on November

18, 2003 pursuant to

section 65 of the Cemeteries Act.

1 The General Regulation (AR 249/98) is amended by this Regulation.

Section 11(2) is amended by adding ", crematory" after "owner of a

cemetery" and by adding ", crematory" after "owner of the cemetery".

3 The following is added after

section 20:

Contact information

20.1 The owner of a cemetery shall, on request, provide to the

Director information about how the public can contact the owner or its

representatives in respect of matters relating to the operation of the

cemetery.

Information to public

20.2 The Director may make available to the public in any manner

that the Director considers appropriate

(

a) the name and address of a cemetery;

(

b) the name of the owner of a cemetery;

(

c) information provided to the Director under

section

20.1.

Section 22(3) is amended by striking out "1.9" and substituting "9.1".

Section 29 is amended by repealing subsection (6) and substituting the

following:

(6) Where a monument or marker is moved under subsection (5)

(

a) the monument or marker must in its new position

continue to relate directly to the grave for which it was erected, and

(

b) the owner of the cemetery is responsible for any

damage to the monument or marker that may occur when it is moved.

Section 49 is amended by striking out "2003" and substituting "2013".

Section 50 is repealed.

8 This Regulation, except

section 6, comes into force on December 1,

Alberta Regulation 332/2003

Cemeteries Act

COMMERCIAL CEMETERIES AMENDMENT REGULATION

Filed: November 24, 2003

Made by the Minister of Government Services (M.O. C:015/2003 ) on November

18, 2003 pursuant to

section 65 of the Cemeteries Act.

1 The Commercial Cemeteries Regulation (AR 247/98) is amended by this

Regulation.

Section 1(

c) is amended

(

a) in subclause (ii) by adding "and Memorial Gardens Canada

Limited" after "Limited";

(

b) by adding the following after clause (iii):

(iv) Bow City Community Hall.

Section 2(2) is amended

(

a) by adding "by the owner of a cemetery, mausoleum or

columbarium" after "perpetual care fund";

(

b) in clause (

a) by striking out "by the owner of a cemetery,

mausoleum or columbarium,";

(

c) in clause (

b) by striking out "by the owner of a cemetery,".

Section 3 is amended

(

a) by repealing subsection (1)(b)(iii) and substituting the

following:

(iii) any amount deposited by the Minister with an

authorized trustee to establish a perpetual care fund for the Saamis

Prairie View Cemetery, formerly known as the Chapel Lawn Cemetery (Medicine

Hat).

(

b) by repealing subsections (2) and (3) and substituting the

following:

(2) An authorized trustee shall pay from a trust to the owner of the

cemetery, mausoleum or columbarium to which the trust relates a monthly

instalment of the income of that trust, consisting of not more than 90% of

the income for the month immediately preceding the month in which the

payment is made, less any remuneration deducted under

section 37 of the

Act.

(3) At the end of each fiscal year, an authorized trustee shall

retain and add to the capital of a trust the balance of the total annual

income of the trust that remains after making the payments and deductions

referred to in subsection (2), which must not be less than 10% of the total

annual income from the trust.

(4) In determining the income of a trust for the purposes of this

section, no consideration shall be given to any capital gain earned or

capital loss incurred by the investment of the trust.

Section 5 is amended

(

a) in subsection (2) by striking out "and" at the end of clause

(

a) and adding the following after clause (a):

(a.1) authorize the Director to conduct a criminal record

check, and

(

b) in subsection (2)(

b) by adding the following after subclause

(ii):

(ii.1) if required by the Director, proof that the

applicant has successfully passed an exam under subsection (4),

(

c) by adding the following after subsection (3):

(4) The Director may require

(

a) an applicant for an initial pre-need contract sales

licence under

section 43(2)(

b) of the Act, and

(

b) an applicant who is applying for a renewal of a

pre-need contract sales licence under

section 43(2)(

b) of the Act and whose

licence has been expired for more than 2 years

to write an exam prescribed by the Director.

Section 9 is amended by striking out "5 days" and substituting "5 days,

excluding Saturdays and holidays as defined in the

Interpretation Act,".

Section 11 is repealed and the following is substituted:

Maximum administration fee

11 For the purposes of

section 46(3) of the Act, an administration

fee shall not exceed the total of

(a) 15% of the total amount specified in the contract,

and

(b) 15% of the interest earned on the amount referred

to in clause (a), up to the date the administration fee is withdrawn.

8 Sections 14 to 17 are repealed.

Section 19 is amended by striking out "2003" and substituting "2013".

10 This Regulation, except

section 9, comes into force on December 1,

------------------------------

Alberta Regulation 333/2003

Municipal Government Act

COLD LAKE REGIONAL UTILITY SERVICES COMMISSION

AMENDMENT REGULATION

Filed: November 26, 2003

Made by the Lieutenant Governor in Council (O.C. 520/2003) on November 26,

2003 pursuant to

section 602.02 of the Municipal Government Act.

1 The Cold Lake Regional Utility Services Commission Regulation (AR

265/86) is amended by this Regulation.

Section 2 is amended

(

a) in clause (

a) by striking out "town of Cold Lake" and

substituting "City of Cold Lake";

(

b) by adding the following after clause (d):

(

e) the Municipal District of Bonnyville, No. 87.

Section 3(4)(

a) is amended by striking out "town of Cold Lake" and

substituting "City of Cold Lake".

Section 6 is amended

(

a) in subsection (1) by striking out "Schedules" and substituting

"Schedule";

(

b) in subsections (2) and (3) by striking out "Lieutenant Governor

in Council" and substituting "Minister".

Section 7 is amended by striking out "Schedules" and substituting

"Schedule".

Section 8 is amended by striking out "Schedules" and substituting

"Schedule".

------------------------------

Alberta Regulation 334/2003

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: November 26, 2003

Made by the Lieutenant Governor in Council (O.C. 521/2003) on November 26,

2003 pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 44/2001)

is amended by this Regulation.

Section 5(3)(c.2) is amended by striking out "Reserves and Natural

Areas" and substituting "Reserves, Natural Areas and Heritage Rangelands".

Section 7(1) is amended by repealing clauses (

s) and (aa).

Section 9(1)(

b) is repealed and the following is substituted:

(

b) Alberta Capital Finance Authority Act;

Section 12(1)(

p) is repealed.

Section 13(1) is amended by adding the following after clause (n):

(n.1) Income and Employment Supports Act;

Section 17(1) is amended

(

a) by adding the following after clause (o):

(o.1) Dependants Relief Act;

(

b) by repealing clauses (u), (lll) and (mmm).

Section 18 is amended by repealing subsections (1)(

l) and (

m) and

(1.1).

------------------------------

Alberta Regulation 335/2003

Government Organization Act

CALGARY RESTRICTED DEVELOPMENT AREA

AMENDMENT REGULATION

Filed: November 26, 2003

Made by the Lieutenant Governor in Council (O.C. 522/2003) on November 26,

2003 pursuant to

Schedule 5,

section 4 of the Government Organization Act.

1 The Calgary Restricted Development Area Regulations (AR 212/76) are

amended by this Regulation.

Schedule A, Transportation/Utility Corridor is amended by adding the

following after the last land description for Township 22, Range 1, West of

the Fifth Meridian:

TOWNSHIP 23, RANGE 28, WEST OF THE FOURTH MERIDIAN

Section 6 - Plan 0312762 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor

Schedule A, Transportation/Utility Corridor, describing land located in

Township 23, Range 29, West of the Fourth Meridian, is amended by striking

out:

Section 6 - Plan 0212505 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor and the Government road

lying west of Plan 0212505 and south of Road Plan 731231

Schedule A, Transportation/Utility Corridor is amended by adding the

following after the last land description for Township 23, Range 29, West

of the Fourth Meridian:

TOWNSHIP 24, RANGE 28, WEST OF THE FOURTH MERIDIAN

Section 19 - Plan 0311182 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor

Schedule A, Transportation/Utility Corridor, describing land located in

Township 24, Range 2, West of the Fifth Meridian, is amended by striking

out:

Sections 3 and 4 Plan 8911265 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor, Areas C and E on Plan

9912588 showing survey of rights-of-way affecting the Transportation/

Utility Corridor and Lot A on Plan 9111325

EXCEPTING THEREOUT

Plan 9910343 within the northwest and northeast quarters of

section 3, Area D within the north half of

section 4 and Areas F, G and H

within the south half of

section 3, all that area south of Area C on Plan

9912588 and Areas A, C, D, E, F and G on Plan 0011491

and substituting:

Sections 3 - Plan 8911265 showing survey for descriptive

and 4 purposes of a right-of-way for a Transportation/Utility

Corridor, Areas C and E on Plan 9912588 showing survey of rights-of-way

affecting the Transportation/ Utility Corridor and Lot A on Plan 9111325 &

Lot 3 PUL on Plan 0113506

EXCEPTING THEREOUT

Plan 9910343 within the northwest and northeast quarters of

section 3, Area D within the north half of

section 4 and Areas F, G and H

within the south half of

section 3, all that area south of Area C on Plan

9912588 and Areas A, C, D, E, F and G on Plan 0011491

Schedule A, Transportation/Utility Corridor, describing land located in

Township 25, Range 28, West of the Fourth Meridian, is amended by striking

out:

Section 31 - Plan 0211994 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor

and substituting:

Section 31 - Plans 0211994 and 0311427 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor

Schedule A, Transportation/Utility Corridor, describing land located in

Township 25, Range 29, West of the Fourth Meridian, is amended by striking

out:

Sections 33 - Plan 9011894 and Areas C, D and E on Plan

and 34 0211995 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor and all that area lying

south of Block F on Plan 731063 and lying north and east of Plan 9011894

EXCEPTING THEREOUT

Plan 9212240 within the north-west quarter of

section 33

and substituting:

Sections 33 - Plan 9011894 and Areas C, D and E on Plan

and 34 0211995 and Area A on Plan 0312178 within the north-west

quarter of

section 33 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor and all that area lying

south of Block F on Plan 731063 and lying north and east of Plan 9011894

EXCEPTING THEREOUT

Plan 9212240 within the north-west quarter of

section 33

Schedule A, Transportation/Utility Corridor, describing land located in

Township 25, Range 1, West of the Fifth Meridian, is amended

(

a) by striking out

Section 34 - Plan 8910854 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor

and substituting

Section 34 - Plan 8910854 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor

EXCEPTING THEREOUT

Plan 0310857

(

b) by striking out

Sections 35 - Plan 9112279 showing survey for descriptive

and 36 purposes of a right-of-way for a Transportation/Utility

Corridor and Plan 0012667

and substituting

Sections 35 - Plan 9112279 and Areas B and C on Plan

and 36 0312178 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor and Plan 0012667

EXCEPTING THEREOUT

Area D on Plan 0312178

------------------------------

Alberta Regulation 336/2003

Marketing of Agricultural Products Act

ALBERTA BEEF PRODUCERS PLAN REGULATION

Filed: November 26, 2003

Made by the Lieutenant Governor in Council (O.C. 523/2003) on November 26,

2003 pursuant to

section 23 of the Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

References to delegates and directors 2

Designations 3

Part 1

General Operation of Plan

Division 1

Plan

Plan continued 4

Termination of Plan 5

Application of Plan 6

Purposes and intent of Plan 7

Division 2

Operation of Plan by Commission

Commission continued 8

Functions of Commission 9

Regulations to operate Plan 10

Financing of Plan 11

Service charge is non-refundable 12

Powers under Canada Act 13

Agreements 14

Indemnification funds 15

Industry advisory committee 16

Auditor 17

Part 2

Governance of Plan

Division 1

Eligible Producers

General rights of eligible producers 18

Eligible producers who are individuals 19

Eligible producers that are not individuals 20

Division 2

Zones, Delegates and Zone Committees

Zones 21

Zone and sub-zone delegates 22

Cattle feeder council delegates 23

Producer association delegates 24

Zone committees 25

Election of delegates re zones 1 to 8 26

Election of delegates re zone 9 27

Election and appointment of delegates re producer associations 28

Function of delegates 29

Term of office 30

Delegate vacancy re delegates representing a zone 31

Delegate vacancy re producer association delegate 32

Removal and replacement of delegates 33

Restriction from removal as delegates representing zones 34

Removal of delegate re producer association delegate 35

Restriction from removal as producer association delegate 36

Division 3

Zone, Sub-zone and Cattle Feeder Council

Meetings and Zone Committee Meetings

Annual and special zone meetings re zones 1 to 8 37

Annual and special zone meetings re zone 9 38

Notification of zone and sub-zone meetings 39

Cattle Feeder Council meetings 40

Zone committee meetings 41

Quorum 42

Division 4

Directors

Board of Directors 43

Responsibilities of the Board of Directors 44

Election of zone directors 45

Election of directors re Cattle Feeder Council 46

Election of directors at large 47

Functions of directors 48

Terms of office 49

Director vacancy 50

Removal of zone directors 51

Removal of cattle feeder council directors 52

Removal of directors at large 53

Board of Directors meetings 54

Quorum 55

Division 5

Executive

Election of chair, vice-chair and finance chair 56

Functions 57

Term of office 58

Executive vacancy 59

Removal of the Executive 60

Executive meetings 61

Quorum 62

Division 6

Elected Committees of the Board of Directors

Definitions 63

Establishment of elected committees 64

Membership of Cattle Feeder Council 65

Functions of Cattle Feeder Council 66

Term of office 67

Vacancy 68

Removal of chair 69

Removal of members 70

Cattle Feeder Council meetings 71

Division 7

Appointed Committees of the Board of Directors

Establishment of appointed committees 72

Appointment of committee chairs and members 73

Duties of committee 74

Term of office 75

Committee vacancy 76

Removal of committee chairs 77

Removal of committee members 78

Committee meetings 79

Quorum 80

Division 8

Commission Meetings

Annual and special Commission meetings 81

Notification of Commission meetings 82

Quorum 83

Voting 84

Division 9

National and Other Organizations

Commission membership in other organizations 85

Part 3

Voting and Elections

Division 1

Voting by Eligible Producers

Eligibility to vote re individual 86

Eligibility to vote re non-individual 87

When to provide declaration 88

Voting at zone and sub-zone meetings 89

Division 2

Returning Officer

Appointment of returning officer 90

Duties of returning officer 91

Destruction of ballots, etc. 92

Division 3

Controverted Elections

Election irregularities 93

Effect of no application re election irregularities 94

Effect of application re election irregularities 95

Effect of invalid election 96

Part 4

Transitional Provisions, Review and Repeal

Transitional re Directors, etc. 97

Cattle Feeder Council 98

Review 99

Repeal 100

Schedules

Definitions

1 In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Canada Act" means the Farm Products Agencies Act (Canada);

(c) "Canada Board" means the Canadian Beef Cattle Research, Market

Development and Promotion Agency;

(d) "cattle" includes bulls, cows, heifers, steers and calves;

(e) "cattle products" includes beef, offal, hides and other cattle

by-products from the slaughter and processing of cattle;

(f) "Commission" means the Alberta Beef Producers;

(g) "Council" means the Alberta Agricultural Products Marketing

Council;

(h) "dealer" means a person who is in the business of buying and

selling the regulated product and includes

(

i) a livestock dealer as defined in the Livestock

Dealers and Livestock Dealers' Agents Regulation (AR 66/98) or any

successor to that Regulation, and

(ii) a livestock dealer's agent as defined in the

Livestock Dealers and Livestock Dealers' Agents Regulation (AR 66/98) or

any successor to that Regulation;

(i) "eligible producer" means a producer who has, during the

current or immediately preceding year, sold cattle and paid a service

charge to the Commission or to another person on behalf of the Commission

and who,

(

i) in the case of a producer who is an individual, is

a resident of Alberta, and

(ii) in the case of a producer that is not an

individual, carries on business in Alberta;

(j) "marketing" in respect of the regulated product means buying,

owning, selling, offering for sale, storing, grading, assembling, packing,

transporting, advertising or financing and includes

(

i) slaughtering, and

(ii) any other function or activity designated as

marketing by the Lieutenant Governor in Council;

(k) "official Commission newsletter" means the newsletter that is

published by the Commission;

(l) "person" means a person as defined in the

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act;

(ii) an unincorporated organization that is not a

partnership referred to in subclause (i);

(iii) any group of individuals who are carrying on an

activity for a common purpose and are neither a partnership referred to in

subclause (

i) nor an unincorporated organization referred to in subclause

(ii);

(m) "Plan" means the Alberta Beef Producers Plan that is revised

and continued under

section 4;

(n) "processor" means a person who is in the business of buying

cattle for the purpose of slaughtering or otherwise processing cattle;

(o) "producer" means

(

i) a person who raises, feeds or owns cattle,

(ii) a person who takes possession of cattle from a

producer under a security interest or any other security for a debt, or

(iii) a person who under any arrangement is entitled to a

share of the cattle raised by a producer or any portion of the revenue

derived from the sale of the cattle;

(p) "producer association" means

(

i) Alberta Canada All Breeds Association (1984);

(ii) Alberta Milk;

(iii) Feeder Associations of Alberta Ltd.;

(iv) Western Stock Growers Association;

(q) "regulated product" means cattle and cattle products;

(r) "security interest" means a security interest as defined in the

Personal Property Security Act.

References to delegates and directors

2(1) Except where there is a reference specifically to a zone delegate, a

sub-zone delegate, a cattle feeder council delegate or a producer

association delegate, a reference in this Plan to a delegate is, subject to

subsection (2), a reference to a delegate irrespective as to whether that

delegate is a zone delegate, a sub-zone delegate, a cattle feeder council

delegate or a producer association delegate.

(2) Except where there is a reference specifically to a zone delegate, a

sub-zone delegate or a cattle feeder council delegate, a reference in this

Plan to a delegate representing a zone,

(

a) in the case of zones 1 to 8, is a reference to a delegate

elected or appointed under this Plan to represent the eligible producers

for that zone irrespective as to whether that delegate is a zone delegate

or a cattle feeder council delegate, and

(

b) in the case of zone 9, is a reference to a delegate elected or

appointed under this Plan to represent the eligible producers for that zone

or sub-zone, as the case may be, irrespective as to whether that delegate

is a zone delegate, a sub-zone delegate or a cattle feeder council

delegate.

(3) Except where there is a reference specifically to a zone director, a

cattle feeder council director or a director at large, a reference in this

Plan to a director is a reference to a director irrespective as to whether

that director is a zone director, a cattle feeder council director or a

director at large.

Designations

3(1) Cattle and cattle products are hereby designated as agricultural

products for the purposes of the Act.

(2) Slaughtering of cattle is an activity that is hereby designated as

marketing for the purposes of the Act.

Part 1

General Operation of Plan

Division 1

Plan

Plan continued

4 The Alberta Cattle Commission Plan, 1969 established under Alberta

Regulation 170/69 and continued under the Alberta Beef Producers Plan

Regulation (AR 272/97) is hereby revised, amended and continued under this

Regulation with the name "Alberta Beef Producers Plan".

Termination of Plan

5 This Plan does not terminate at the conclusion of a specific period of

time and shall remain in force unless otherwise terminated pursuant to the

Act.

Application of Plan

6(1) This Plan applies

(

a) to all of Alberta,

(

b) to all producers marketing cattle in Alberta, and

(

c) for the purposes of

section 10(b), (

c) and (

d) to all dealers

and processors in Alberta.

(2) If a person is a producer and is also a dealer or processor, this Plan

applies to that person both

(

a) as a producer, and

(

b) as a dealer or processor, as the case may be.

(3) None of the persons referred to in subsection (1)(

b) or (

c) is

exempted from the Plan.

(4) No class, variety, size, grade or kind of agricultural product to

which this Plan applies is exempt from this Plan.

Purposes and intent of Plan

7(1) The purpose of this Plan is to enable the Commission to initiate and

carry out projects or programs to commence, stimulate, increase or improve

the production or marketing, or both, of cattle and cattle products.

(2) Without restricting the generality of subsection (1), the Commission

may initiate and carry out projects or programs

(

a) to assist, educate and inform producers, dealers and processors

in developing and improving their production and marketing of cattle and

cattle products;

(

b) to expand market awareness and demand for cattle and cattle

products, including the development and promotion of markets for cattle and

cattle products and the education of consumers;

(

c) to generally develop and promote the cattle industry;

(

d) to advise governments on matters concerning the cattle

industry;

(

e) to research and study the production, marketing and processing

of cattle and cattle products, including studies and research concerning

the improvement of cattle and cattle products and the development and use

and consumption of cattle and cattle products;

(

f) to support and co-operate with other persons and with

governments when, in the opinion of the Board of Directors, such support

and cooperation will further the purposes of this Plan and the objects of

the Commission;

(

g) to communicate with producers, dealers, processors and the

public;

(

h) to establish quality standards for cattle and cattle products.

(3) Under this Plan neither the production nor the marketing of cattle and

cattle products shall be controlled or regulated.

Division 2

Operation of Plan by Commission

Commission continued

8 The Alberta Cattle Commission established under Alberta Regulation

170/69 and continued under the Alberta Beef Producers Plan Regulation (AR

272/97) is hereby continued with the name "Alberta Beef Producers".

Functions of Commission

9(1) The Commission is responsible for

(

a) the administration, operation, regulation, supervision and

enforcement of this Plan and the regulations made by the Commission;

(

b) the conduct of the business and affairs of the Commission in

carrying out its responsibilities;

(

c) the conduct of and procedure to be followed at meetings held by

(

i) the Commission,

(ii) zones and sub-zones, and

(iii) any elected or appointed committees;

(

d) the conduct of and the procedure to be followed in relation to

elections conducted under this Plan.

(2) Without limiting the generality of subsection (1), the Commission

(

a) shall maintain an office in Alberta;

(

b) may appoint a General Manager and prescribe the duties and fix

the remuneration of the General Manager;

(

c) may allow the General Manager

(

i) to retain other employees or contractors, other

than the auditor appointed pursuant to

section 17, and

(ii) to prescribe the duties and remuneration payable to

those employees and contractors;

(

d) shall open one or more bank accounts with one or more financial

institutions and designate any officers, employees and other persons as

persons permitted

(

i) to sign cheques and other negotiable instruments,

(ii) to transact the business of the Commission with its

financial institutions, and

(iii) generally to do all things incidental to or in

connection with the transaction of the business of the Commission with its

financial institutions;

(

e) shall maintain or cause to be maintained books and records that

from time to time may be required under the Act or the regulations or by

virtue of any order of the Council or that may be required by the

Commission;

(

f) may become a member of, elect or appoint individuals to sit as

members of and contribute funds to any tasks force, committee, group,

organization or person when that membership, election, appointment or

contribution will, in the opinion of the Board of Directors, further the

purpose of this Plan and the objects of the Commission;

(

g) may enter into any agreement with the Canada Board to support

the establishment and operation of a promotion-research agency under the

Canada Act;

(

h) may make payments to the Canada Board in accordance with an

agreement referred to in clause (

g) or

section 14;

(

i) may issue directions governing the internal operations of the

Commission;

(

j) shall establish and implement policy for the operation of the

Commission and the implementation and operation of this Plan and the

regulations made by the Commission.

Regulations to operate Plan

10(1) For the purposes of enabling the Commission to operate this Plan the

Commission may be empowered by the Council, pursuant to

section 26 of the

Act, to make regulations

(

a) requiring producers engaged in the marketing of a regulated

product to register their names and addresses with the Commission;

(

b) requiring any person who markets a regulated product to furnish

to the Commission any information or record relating to the marketing of

the regulated product that the Commission considers necessary;

(

c) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the purposes of this Plan, and

(ii) the taking of legal action to enforce payment of

the service charges;

(

d) requiring any person who receives a regulated product from a

producer

(

i) to deduct from the money payable to the producer

any service charges payable by the producer to the Commission, and

(ii) to forward the amount deducted to the Commission;

(

e) providing for the use of any class of service charges or other

money payable to or received by the Commission for the purpose of paying

its expenses and administering this Plan and the regulations made by the

Commission;

(

f) providing for payment to the Canada Board of money that is

payable under the Canada Act.

(2) Pursuant to

section 28 of the Act the power to make regulations

referred to in subsection (1)(

a) is to be restricted by the Council so that

the Commission will only be empowered to make regulations requiring

producers to register their names and addresses with the Commission so as

to enable the Commission to determine whether a producer is an eligible

producer and to assess, charge and collect service charges.

Financing of Plan

11(1) This Plan is to be financed by the charging and collection of

service charges.

(2) The Commission may, from time to time, change the amount of the

service charge.

(3) A change in the amount of the service charge is not effective until

the amount has been approved by a majority of the total number of all of

the delegates present at an annual Commission meeting or a special

Commission meeting.

Service charge is non-refundable

12 Service charges shall not be refundable on the request of a producer.

Powers under Canada Act

13 In accordance with

section 50 of the Act, the Commission may, with

respect to the purposes of the Plan, be authorized to perform any function

or duty and exercise any power imposed or conferred on the Commission by or

under the Canada Act.

Agreements

14 In accordance with

section 51 of the Act, the Commission may become a

party to an agreement referred to in

section 51 of the Act.

Indemnifi-cation funds

15 The Commission shall not establish a fund under

section 34 of 35 of

the Act.

Industry advisory committee

16 The Commission may establish industry advisory committees in

accordance with

section 32 of the Act.

Auditor

17 The auditor for the Commission shall be appointed at an annual

Commission meeting or a special Commission meeting.

Part 2

Governance of Plan

Division 1

Eligible Producers

General rights of eligible producers

18(1) In accordance with this Plan, an eligible producer is entitled, as a

matter of right,

(

a) to attend any zone or sub-zone meeting;

(

b) to make representations on any matter pertaining to this Plan

and the operation of the Commission at any zone or sub-zone meeting;

(

c) to vote on any matter under this Plan at any meeting of

eligible producers at which a vote is held in the zone or sub-zone in which

the eligible producer is entitled to vote;

(

d) to vote in any election for delegates to represent the zone

that is conducted at any meeting of the eligible producers at which an

election is held in the zone or sub-zone in which the eligible producer is

entitled to vote;

(

e) to hold office as a delegate representing the zone in which the

eligible producer is entitled to hold office;

(

f) to hold office as a producer association delegate;

(

g) to vote in any plebiscites of producers held under the Act.

(2) Notwithstanding subsection (1), in any year in which elections are

held for the positions of delegates, irrespective as to whether the

elections are for the position of zone delegates, sub-zone delegates,

cattle feeder council delegates or producers association delegates or any

combination of those positions, an eligible producer, in that year,

(

a) may stand for election only once as a delegate, and

(

b) may not be a candidate for more than one position as a

delegate.

(3) Notwithstanding subsection (1), an eligible producer may not, at any

one time, hold more than one position as a delegate.

Eligible producers who are individuals

19(1) Where an eligible producer is an individual, that eligible producer

may, only in accordance with this section, exercise the rights of an

eligible producer referred to in

section 18.

(2) An eligible producer to which this

section applies who

(

a) resides and is a producer in only one zone or sub-zone may

exercise the rights of an eligible producer only in that zone or sub-zone;

(

b) resides and is a producer in one zone or sub-zone and is also a

producer in one or more other zones or sub-zones may exercise the rights of

an eligible producer only in the zone or sub-zone in which that eligible

producer resides;

(

c) resides and is a producer in more than one zone or sub-zone may

exercise the rights of an eligible producer in only one of the zones or

sub-zones in which that eligible producer resides and is a producer;

(

d) resides in one zone or sub-zone but is a producer in a

different zone or sub-zone may exercise the rights of an eligible producer

only in the zone or sub-zone in which that eligible producer is a producer;

(

e) resides in one zone or sub-zone but is a producer in two or

more different zones or sub-zones may exercise the rights of an eligible

producer in only one of the zones or sub-zones in which that eligible

producer is a producer.

(3) An eligible producer to which this

section applies shall not appoint a

representative to act on behalf of that eligible producer under this Plan.

Eligible producers that are not individuals

20(1) Where an eligible producer is not an individual, that eligible

producer may, only in accordance with this section, exercise the rights of

an eligible producer referred to in

section 18:

(2) An eligible producer to which this

section applies who

(

a) carries on business and is a producer in only one zone or

sub-zone may exercise the rights of an eligible producer only in that zone

or sub-zone;

(

b) carries on business and is a producer in one zone or sub-zone

and is also a producer in one or more other zones or sub-zones may exercise

the rights of an eligible producer only in the zone or sub-zone in which

that eligible producer carries on business;

(

c) carries on business and is a producer in more than one zone or

sub-zone may exercise the rights of an eligible producer in only one of the

zones or sub-zones in which that eligible producer carries on business and

is a producer;

(

d) carries on business in one zone or sub-zone but is a producer

in a different zone or sub-zone may exercise the rights of an eligible

producer only in the zone or sub-zone in which that eligible producer is a

producer;

(

e) carries on business in one zone or sub-zone but is a producer

in two or more different zones or sub-zones may exercise the rights of an

eligible producer in only one of the zones or sub-zones in which that

eligible producer is a producer.

(3) An eligible producer to which this

section applies shall appoint an

individual to be the representative of the eligible producer.

(4) A representative of an eligible producer must reside in the zone or,

in the case of zone 9, in the sub-zone, in which the rights of the eligible

producer are exercised in accordance with subsection (2).

(5) Subsection (4) does not apply to a representative of an eligible

producer if that representative is the majority owner of that eligible

producer and is a resident of Alberta.

(6) A representative of an eligible producer shall, subject to this Plan,

exercise of behalf of the eligible producer, the rights referred to in

section 18.

(7) An individual cannot be a representative under this

section for more

than one eligible producer at any one time.

(8) An individual shall not exercise any of the rights of an eligible

producer referred to in

section 18 in that individual's own capacity as an

eligible producer while appointed as the representative of an eligible

producer.

(9) If an eligible producer to which this

section applies is

(

a) a corporation, it shall appoint an individual who is a

director, shareholder, member, officer or employee of the corporation as

its representative,

(

b) a partnership, it shall appoint an individual who is a partner

or employee of the partnership as its representative, or

(

c) an organization, other than a corporation or a partnership, it

shall appoint an individual who is a member, officer or employee of the

organization as its representative.

(10) An appointment of a representative of an eligible producer shall be

(

a) in writing in a form prescribed or otherwise acceptable to the

Board of Directors, and

(

b) filed with the Board of Directors before the representative is

nominated or appointed to hold office.

Division 2

Zones, Delegates and Zone Committees

Zones

21 For the purposes of this Plan,

(

a) Alberta is divided into 9 zones as set out in

Schedule 1;

(

b) zone 9 is divided into 5 sub-zones as set out in

Schedule 2;

(

c) each zone is comprised of the lands set out in

Schedule 1;

(

d) each sub-zone of zone 9 is comprised of the lands set out in

Schedule 2.

Zone and sub-zone delegates

22(1) The Commission shall have 58 zone delegates and 5 sub-zone delegates

to be elected pursuant to sections 26 and 27 or otherwise appointed under

this Plan.

(2) The zone delegates elected or otherwise appointed for a zone represent

the eligible producers of that zone.

(3) The sub-zone delegates elected or otherwise appointed for a sub-zone

represent the eligible producers of that sub-zone.

Cattle feeder council delegates

23(1) The Commission shall have 13 cattle feeder council delegates to be

elected pursuant to sections 26 and 27 or otherwise appointed under this

Plan.

(2) The cattle feeder council delegates elected or otherwise appointed for

a zone represent the eligible producers of that zone.

Producer association delegates

24(1) The Commission shall have 6 producer association delegates to be

elected or otherwise appointed under this Plan.

(2) The producer association delegates elected or appointed by a producer

association represent that producer association.

Zone committees

25(1) The Commission shall have 9 zone committees.

(2) In the case of zones 1 and 3, each zone committee shall consist of 7

zone delegates and 2 cattle feeder council delegates.

(3) In the case of zone 2, the zone committee shall consist of 7 zone

delegates and 3 cattle feeder council delegates.

(4) In the case of zones 4 to 8, each zone committee shall consist of 7

zone delegates and one cattle feeder council delegate.

(5) In the case of zone 9, the zone committee shall consist of 2 zone

delegates, 5 sub-zone delegates and one cattle feeder council delegate.

Election of delegates re zones 1 to 8

26(1) In the case of zones 1 to 8,

(

a) the eligible producers in each zone shall, at the annual zone

meetings for their zone, elect 7 zone delegates for that zone, and

(

i) in the case of zones 1 and 3, elect 2 cattle feeder

council delegates for that zone;

(ii) in the case of zone 2, elect 3 cattle feeder

council delegates for that zone;

(iii) in the case of zones 4 to 8, elect one cattle

feeder council delegate for that zone;

(

b) where fewer than or only a sufficient number of eligible

producers have been nominated to fill the required number of zone delegate

positions, the returning officer shall declare the eligible producers

nominated as zone delegates as being elected by acclamation;

(

c) where fewer than or only a sufficient number of eligible

producers have been nominated to fill the required number of cattle feeder

council delegate positions, the returning officer shall declare the

eligible producers nominated as cattle feeder council delegates as being

elected by acclamation;

(

d) where fewer than the required number of zone delegates have

been declared elected by acclamation, the zone delegates and the cattle

feeder council delegates who have been declared elected shall appoint

eligible producers to the remaining positions as zone delegates and the

eligible producers so appointed shall, subject to the approval of the Board

of Directors, hold office as zone delegates as if elected;

(

e) where fewer than the required number of cattle feeder council

delegates have been declared elected by acclamation, the zone delegates and

the cattle feeder council delegates who have been declared elected shall

appoint eligible producers to the remaining positions as cattle feeder

council delegates and the eligible producers so appointed shall, subject to

the approval of the Board of Directors, hold office as cattle feeder

council delegates as if elected.

(2) The elections for the delegates to represent a zone are to be

conducted in such a manner so that,

(

a) in the case of zones 1 to 8,

(i) 3 zone delegates are elected in one year, and

(ii) 4 zone delegates are elected in the following year;

(

b) in the case of zones 1 and 3,

(

i) one cattle feeder council delegate is elected in

the same year that the 3 zone delegates referred to in clause (a)(

i) are

elected, and

(ii) one cattle feeder council delegate is elected in

the same year that the 4 zone delegates referred to in clause (a)(ii) are

elected;

(

c) in the case of zone 2,

(

i) one cattle feeder council delegate is elected in

the same year that the 3 zone delegates referred to in clause (a)(

i) are

elected, and

(ii) 2 cattle feeder council delegates are elected in

the same year that the 4 zone delegates referred to in clause (a)(ii) are

elected;

(

d) in the case of zones 4 to 8, one cattle feeder council delegate

is elected in the same year that the 3 zone delegates referred to in clause

(a)(

i) are elected.

Election of delegates re zone 9

27(1) In the case of zone 9,

(

a) the eligible producers in each sub-zone shall at the annual

sub-zone meeting for their sub-zone,

(

i) elect one sub-zone delegate, and

(ii) cast ballots in elections for

(A) 2 zone delegates, and

(

B) one cattle feeder council delegate;

(

b) the zone delegates shall be elected based on the total number

of votes that were cast at the 5 annual sub-zone meetings in the election

for the zone delegates;

(

c) the cattle feeder council delegate shall be elected based on

the total number of votes that were cast at the 5 annual sub-zone meetings

in the election for the cattle feeder council delegate;

(

d) where fewer than or only a sufficient number of eligible

producers have been nominated to fill the required number of zone delegate

positions, the returning officer shall declare the eligible producers

nominated as zone delegates as being elected by acclamation;

(

e) where fewer than or only a sufficient number of eligible

producers have been nominated to fill the required number of sub-zone

delegate positions, the returning officer shall declare the eligible

producers nominated as sub-zone delegates as being elected by acclamation;

(

f) where only one eligible producer has been nominated to fill the

cattle feeder council delegate position, the returning officer shall

declare the eligible producer nominated as cattle feeder delegate as being

elected by acclamation;

(

g) where fewer than the required number of zone delegates have

been declared elected by acclamation, the zone delegates, sub-zone

delegates and cattle feeder council delegate who have been declared elected

shall appoint eligible producers to the remaining positions as zone

delegates and the eligible producers so appointed shall, subject to the

approval of the Board of Directors, hold office as zone delegates as if

elected;

(

h) where fewer than the required number of sub-zone delegates have

been declared elected by acclamation, the zone delegates, the sub-zone

delegates and cattle feeder council delegate who have been declared elected

shall appoint eligible producers to the remaining positions as sub-zone

delegates and the eligible producers so appointed shall, subject to the

approval of the Board of Directors, hold office as sub-zone delegates as if

elected;

(

i) where the cattle feeder council delegate has not been declared

elected by acclamation, the zone delegates and sub-zone delegates who have

been declared elected shall appoint an eligible producer to the position of

cattle feeder council delegate and the eligible producer so appointed

shall, subject to the approval of the Board of Directors, hold office as

the cattle feeder council delegate as if elected.

(2) The elections for the delegates to represent the zone are to be

conducted in such a manner as that

(

a) the sub-zone delegates for zone 9 are elected in the same year

that the zone delegates for zones 1 to 8 referred to in

section 26(2)(a)(

i) are elected, and

(

b) the zone delegates and the cattle feeder council delegate for

zone 9 are elected in the same year that the zone delegates for zones 1 to

8 referred to in

section 26(2)(a)(ii) are elected.

Election and appointment of delegates re producer associations

28(1) In the case of producer associations,

(

a) each of the producer associations may elect or appoint one or

more producer association delegates as follows:

(

i) Alberta Canada All Breeds Association (1984) may

elect or appoint one delegate;

(ii) Alberta Milk may elect or appoint one delegate;

(iii) Feeder Associations of Alberta Ltd. may elect or

appoint 2 delegates;

(iv) Western Stock Growers Association may elect or

appoint 2 delegates;

(

b) each producer association shall elect or appoint its producer

association delegate or delegates, as the case may be, before November 15

in the year in which an election or appointment is to take place;

(

c) where fewer than or only a sufficient number of eligible

producers have been nominated to fill the required number of producer

association delegate positions, the producer association shall declare the

eligible producers nominated as producer association delegates as being

elected by acclamation;

(

d) where fewer than the required number of producer association

delegates for a producer association have been declared elected by

acclamation, the producer association shall appoint eligible producers to

the remaining positions as producer association delegates and the eligible

producers so appointed shall hold office as producer association delegates

as if elected.

(2) The procedure to be followed by a producer association in the election

or appointment of its producer association delegates is the responsibility

of the producer association and not the Commission.

Functions of delegates

29(1) In addition to what an eligible producer may do under this Plan,

(

a) a delegate who is a zone delegate or sub-zone delegate may, in

the zone or sub-zone that the delegate represents,

(

i) attend zone committee meetings,

(ii) at zone committee meetings

(

A) make representations on any matter

pertaining to this Plan or the operation of the Commission,

(

B) vote on any matter under this Plan, and

(

C) vote in any election for a zone

director,

and

(iii) hold office as a zone director;

(

b) a delegate who is a cattle feeder council delegate may

(

i) in the zone that the delegate represents,

(

A) attend zone committee meetings,

(

B) at zone committee meetings

(

I) make representations on any

matter pertaining to this Plan or the operation of the Commission,

(II) vote on any matter under

this Plan, and

(III) vote in any election for a

zone director,

and

(

C) hold office as a zone director,

(ii) on behalf of the zone that the delegate represents,

(

A) attend Cattle Feeder Council meetings,

and

(

B) at Cattle Feeder Council meetings

(

I) make representations on any

matter pertaining to cattle feeders,

(II) vote on any matter

pertaining to cattle feeders, and

(III) vote in any election for

cattle feeder council directors,

and

(iii) hold office as a cattle feeder council director;

(

c) a delegate who is a producer association delegate may, in the

zone or sub-zone in which the delegate resides,

(

i) attend zone committee meetings, and

(ii) at zone committee meetings make representations on

any matter pertaining to this Plan or the operation of the Commission;

(

d) a delegate may, on behalf of the zone, sub-zone or producer

association that the delegate represents,

(

i) attend any annual or special meeting of the

Commission, and

(ii) at any annual or special meeting of the Commission,

(

A) make representations on any matter

pertaining to this Plan or the operation of the Commission,

(

B) vote on any matter under this Plan, and

(

C) vote in any election for

(

I) directors at large of the

Commission,

(II) directors of the Canadian

Cattlemen's Association, and

(III) members of the Beef

Information Centre;

(

e) a delegate may

(

i) hold office as a

(

A) director at large of the Commission;

(

B) director of the Canadian Cattlemen's

Association;

(

C) member of the Beef Information Centre;

(ii) be appointed by the Board of Directors to sit as a

member of any committee established by the Board of Directors;

(iii) be appointed by the Board of Directors to represent

the Commission on any task force, committee, group or organization of which

the Commission is a member.

(2) Notwithstanding subsection (1), at any one meeting at which elections

are held for the position of a director, irrespective as to whether the

election is for the position as zone director, cattle feeder council

director or director at large or any combination of those positions, a

delegate may not at that meeting stand for election for more than one

position as a director.

(3) Notwithstanding subsection (1), a delegate may not, at any one time,

hold more than one position as a director.

Term of office

30(1) In the case of zones 1 to 8, the term of office of a delegate

representing the zone

(

a) commences on the announcement of the results of the elections

held at the annual zone meeting, and

(

b) expires on the announcement of the results of the elections

held at the annual zone meeting that takes place in the 2nd year following

the year in which the term commenced.

(2) In the case of zone 9, the term of office of a delegate representing

the zone

(

a) commences on the announcement of the results of the elections

held at annual sub-zone meetings, and

(

b) expires on the announcement of the results of the elections

held at the annual sub-zone meetings that take place in the 2nd year

following the year in which the term commenced.

(3) In the case of a producer association delegate, the term of office

(

a) commences at the beginning of the day on November 15 of the

year in which the producer association delegate was elected or appointed,

and

(

b) expires at the end of the day on November 14 in the 2nd year

following the year in which the term commenced.

(4) An eligible producer shall not serve for more than 3 consecutive terms

as a delegate.

(5) If an eligible producer serves for 3 consecutive terms as a delegate,

that eligible producer is not eligible to serve again as a delegate of any

type under this Plan until one year has expired following the expiry of

that eligible producer's last term of office as a delegate.

(6) Subject to subsection (7), for the purpose of determining the number

of consecutive terms that an eligible producer has served as a delegate,

any portion of a term of office served by a delegate shall be considered to

be a term of office.

(7) For the purpose of determining the number of consecutive terms that an

eligible producer has served as a delegate, an unexpired term of office

served by a delegate who is appointed or elected pursuant to

section 31,

32, 33, 35 or 96 shall be considered to be a term of office only if the

time served exceeds 12 months.

(8) A delegate representing a zone may complete that delegate's term of

office even though,

(

a) if the delegate is an eligible producer who is an individual,

that delegate ceases to

(

i) be an eligible producer, or

(ii) meet the requirements of

section 19;

(

b) if the delegate is the representative of an eligible producer,

(

i) that eligible producer ceases to be an eligible

producer,

(ii) that delegate cease to be the representative of an

eligible producer, or

(iii) that delegate ceases to meet the requirements of

section 20.

(9) A producer association delegate may complete that delegate's term of

office even though

(

a) that delegate ceases to be an eligible producer;

(

b) if that delegate is the representative of an eligible producer,

(

i) that eligible producer ceases to be an eligible

producer, or

(ii) that delegate ceases to be the representative of an

eligible producer.

Delegate vacancy re delegates representing a zone

31(1) In the case of zones 1 to 8, if

(

a) a delegate who is a zone delegate ceases to hold office before

the expiry of that delegate's term of office, all the other delegates

representing the zone shall appoint another eligible producer as a zone

delegate who shall, subject to the approval of the Board of Directors,

serve for the unexpired portion of that term of office, or

(

b) a delegate who is a cattle feeder council delegate ceases to

hold office before the expiry of that delegate's term of office, all the

other delegates representing the zone shall appoint another eligible

producer as a cattle feeder council delegate who shall, subject to the

approval of the Board of Directors, serve for the unexpired portion of that

term of office.

(2) In the case of zone 9, if

(

a) a delegate who is a zone delegate ceases to hold office before

the expiry of that delegate's term of office, all the other delegates

representing the zone shall appoint another eligible producer as a zone

delegate who shall, subject to the approval of the Board of Directors,

serve for the unexpired portion of that term of office,

(

b) a delegate who is a sub-zone delegate ceases to hold office

before the expiry of that delegate's term of office, all the other

delegates representing the zone shall appoint another eligible producer as

a sub-zone delegate who shall, subject to the approval of the Board of

Directors, serve for the unexpired portion of that term of office, or

(

c) a delegate who is the cattle feeder council delegate ceases to

hold office before the expiry of that delegate's term of office, all the

other delegates representing the zone shall appoint another eligible

producer as the cattle feeder council delegate who shall, subject to the

approval of the Board of Directors, serve for the unexpired portion of that

term of office.

Delegate vacancy re producer association delegate

32 If a producer association delegate ceases to hold office before the

expiry of that delegate's term of office, the producer association shall

elect or appoint another eligible producer as a producer association

delegate to serve for the unexpired portion of that term of office.

Removal and replacement of delegates

33(1) In the case of zones 1 to 8, the eligible producers may, at a

special zone meeting, remove from office any delegate representing the zone

and where a vacancy is created

(

a) by the removal of a delegate who is a zone delegate, the

eligible producers may, at the special zone meeting at which the delegate

was removed, elect a zone delegate from among the eligible producers to

serve for the unexpired portion of that term of office, or

(

b) by the removal of a delegate who is a cattle feeder council

delegate, the eligible producers may, at the special zone meeting at which

the delegate was removed, elect a cattle feeder council delegate from among

the eligible producers to serve for the unexpired portion of that term of

office.

(2) In the case of zone 9, the eligible producers may

(

a) at a special zone meeting remove from office any delegate

representing the zone and where a vacancy is created

(

i) by the removal of a delegate who is a zone

delegate, the eligible producers may, at the special zone meeting at which

the delegate was removed, elect a zone delegate from among the eligible

producers to serve for the unexpired portion of that term of office, or

(ii) by the removal of a delegate who is a cattle feeder

council delegate, the eligible producers may, at the special zone meeting

at which the delegate was removed, elect a cattle feeder council delegate

from among the eligible producers to serve for the unexpired portion of

that term of office,

(

b) at a special sub-zone meeting of a sub-zone remove from office

the sub-zone delegate for the sub-zone and where a vacancy is created by

the removal of the delegate, the eligible producers may, at the special

sub-zone meeting at which the delegate was removed, elect a sub-zone

delegate from among the eligible producers to serve for the unexpired

portion of that term of office.

(3) Notwithstanding subsections (1) and (2), if,

(

a) in the case of zones 1 to 8, a zone delegate or a cattle feeder

council delegate is not elected under subsection (1), or

(

b) in the case of zone 9, a zone delegate, sub-zone delegate or a

cattle feeder council delegate is not elected under subsection (2),

the position may be filled under

section 31.

Restriction from removal as delegate representing a zone

34(1) Notwithstanding

section 33, if

(

a) a delegate representing a zone is a zone director, that

delegate may not be removed from office as a delegate without first having

been removed from office as a zone director pursuant to

section 51(1)(

a) or

(2)(a);

(

b) a delegate representing a zone is a director at large, that

delegate may not be removed from office as a delegate without first having

been removed from office as director at large pursuant to

section 53(1);

(

c) a cattle feeder council delegate is a cattle feeder council

director, that delegate may not be removed from office as a cattle feeder

council delegate without first having been removed from office as a cattle

feeder council director pursuant to

section 52(1).

(2) Notwithstanding

section 33, if a delegate representing a zone is the

chair, vice-chair or finance chair of the Commission, that delegate may not

be removed from office as a delegate without first having been removed from

office

(

a) as a director in the manner referred to in subsection (1), and

(

b) as the chair, vice-chair or finance chair pursuant to

section

60(1).

Removal of delegate re producer association delegate

35(1) A producer association may at any meeting of the producer

association remove any producer association delegate from office.

(2) Where a vacancy is created by the removal of a producer association

delegate, the producer association may, at the meeting at which the

delegate was removed, appoint a producer association delegate from among

the eligible producers to serve for the unexpired portion of that term of

office.

(3) Notwithstanding subsection (2), if the producer association delegate

is not appointed under subsection (2), the position may be filled under

section 32.

Restriction from removal as producer association delegate

36(1) Notwithstanding

section 35(1), if a producer association delegate is

a director at large, that delegate may not be removed from office as a

producer association delegate without having first been removed from office

as a director at large pursuant to

section 53(1).

(2) Notwithstanding

section 35(1), if a producer association delegate is

the chair, vice-chair or finance chair of the Commission, that delegate may

not be removed from office as a producer association delegate without first

having been removed from office

(

a) as a director at large pursuant to

section 53(1), and

(

b) as the chair, vice-chair or finance chair pursuant to

section

60(1).

Division 3

Zone, Sub-zone and Cattle Feeder Council

Meetings and Zone Committee Meetings

Annual and special zone meetings, re zones 1 to 8

37(1) In the case of zones 1 to 8, each zone committee

(

a) shall, before the commencement of the annual Commission

meeting, hold an annual zone meeting of the eligible producers who reside

or carry on business within the zone;

(

b) shall hold a special zone meeting of the eligible producers who

reside or carry on business within the zone

(

i) on the written request of not fewer than 50

eligible producers who reside or carry on business within the zone,

(ii) on the written request of the Board of Directors,

(iii) on the written request of the Council;

(

c) may hold a special zone meeting of the eligible producers who

reside or carry on business within the zone when the zone committee is of

the opinion that circumstances warrant the holding of a special zone

meeting.

(2) An annual zone meeting or special zone meeting held pursuant to this

section may consist of 3 or more individual meetings held within the zone,

the total of which shall constitute the annual zone meeting or special zone

meeting, as the case may be.

Annual and special zone meetings re zone 9

38(1) In the case of zone 9, the zone committee

(

a) shall, before the commencement of the annual Commission

meeting, hold in each sub-zone an annual sub-zone meeting of the eligible

producers who reside or carry on business within the sub-zone;

(

b) shall hold in a sub-zone a special sub-zone meeting of the

eligible producers who reside or carry on business within the sub-zone

(

i) on the written request of not fewer than 10

eligible producers who reside or carry on business within the sub-zone,

(ii) on the written request of the Board of Directors,

(iii) on the written request of the Council;

(

c) may hold in a sub-zone a special sub-zone meeting of the

eligible producers who reside or carry on business within the sub-zone when

the zone committee is of the opinion that circumstances warrant the holding

of a special sub-zone meeting;

(

d) may hold a special zone meeting of the eligible producers who

reside or carry on business within the zone when the zone committee is of

the opinion that circumstances warrant the holding of a special zone

meeting.

(2) An annual sub-zone meeting or special sub-zone meeting held pursuant

to this

section shall consist of one individual meeting held within the

sub-zone.

(3) A special zone meeting held pursuant to this

section may consist of 3

or more individual meetings held within the zone, the total of which shall

constitute the special zone meeting.

Notification of zone and sub-zone meetings

39(1) In the case of zones 1 to 8, where an annual zone meeting or a

special zone meeting is to be held, the Board of Directors shall give

notice of the meeting to the eligible producers residing or carrying on

business within the zone in which the meeting is to be held by publishing a

notice, not less than 2 weeks before the meeting takes place as follows:

(

a) in the case of an annual zone meeting

(

i) in the official Commission newsletter, and

(ii) in a newspaper circulating in the zone;

(

b) in the case of a special zone meeting in a newspaper

circulating in the zone.

(2) In the case of zone 9,

(

a) where an annual sub-zone meeting or special sub-zone meeting is

to be held, the Board of Directors shall give notice of the meeting to the

eligible producers residing or carrying on business within the sub-zone in

which the meeting is to be held by publishing a notice, not less than 2

weeks before the meeting takes place as follows:

(

i) in the case of an annual sub-zone meeting

(

A) in the official Commission newsletter,

and

(

B) in a newspaper circulating in the zone;

(ii) in the case of a special sub-zone meeting in a

newspaper circulating in the zone;

(

b) where a special zone meeting is to be held, the Board of

Directors shall give notice of the meeting to the eligible producers

residing or carrying on business within the zone by publishing a notice,

not less than 2 weeks before the meeting takes place in a newspaper

circulating in the zone.

(3) A notice given under this

section shall set out

(

a) the time, place, date and purpose of the meeting, and

(

b) any other information as determined by the Board of Directors,

the zone committee or the zone director.

Cattle Feeder Council meetings

40 The Cattle Feeder Council

(

a) shall, before the commencement of the annual Commission

meeting, hold an annual Cattle Feeder Council meeting of the cattle feeder

council delegates;

(

b) shall hold a special Cattle Feeder Council meeting of the

cattle feeder council delegates

(

i) on the written request of a majority of the cattle

feeder council delegates,

(ii) on the written request of the Board of Directors,

(iii) on the written request of the Council;

(

c) may hold a special Cattle Feeder Council meeting of the cattle

feeder council delegates when the chair of the Cattle Feeder Council is of

the opinion that circumstances warrant the holding of a special Cattle

Feeder Council meeting.

Zone committee meetings

41 A zone committee shall conduct meetings of the delegates representing

the zone

(

a) at the call of the zone director,

(

b) on the written request of a majority of the members of the zone

committee, or

(

c) on the written request of the Board of Directors.

Quorum

42(1) With respect to zones 1 to 8, the quorum necessary to conduct

business, hold a vote on any matter or have an election is,

(

a) in the case of an annual zone meeting or special zone meeting

that consists of one individual meeting held within the zone, not fewer

than 15 eligible producers who

(

i) are present at the meeting, and

(ii) are entitled to vote in the zone in respect of

which the meeting is being conducted;

(

b) in the case of an annual zone meeting or special zone meeting

that consists of more than one individual meeting held within the zone, not

fewer than 5 eligible producers who

(

i) are present at each individual meeting, and

(ii) are entitled to vote in the zone in respect of

which the meeting is being conducted;

(

c) in the case of a zone committee meeting, a majority of the

delegates representing that zone then holding office.

(2) With respect to zone 9 and the sub-zones of zone 9, the quorum

necessary to conduct business, hold a vote on any matter or to have an

election is,

(

a) in the case of annual sub-zone meetings or special sub-zone

meetings, not fewer than 5 eligible producers who

(

i) are present at the meeting, and

(ii) are entitled to vote in the sub-zone in respect of

which the meeting is being conducted;

(

b) in the case of a special zone meeting

(

i) where a special zone meeting consists of one

individual meeting held within the zone, not fewer than 15 eligible

producers who

(

A) are present at the meeting, and

(

B) are entitled to vote in the zone;

(ii) where a special zone meeting consists of more than

one individual meeting held within the zone, not fewer than 5 eligible

producers who

(

A) are present at each individual meeting,

and

(

B) are entitled to vote in the zone;

(

c) in the case of a zone committee meeting, a majority of the

delegates representing the zone then holding office.

(3) In the case of a Cattle Feeder Council meeting, the quorum necessary

to conduct business, hold a vote on any matter or have an election is a

majority of the delegate members and the Board member, as defined in

section 63, and in determining whether a quorum exists the ex-officio

members of the Cattle Feeder Council are not to be taken into account.

Division 4

Directors

Board of Directors

43(1) The Commission shall have a Board of Directors and, subject to

subsection (2), the Board of Directors shall consist of

(a) 17 directors, made up of

(i) 9 zone directors elected pursuant to

section 45,

(ii) 3 cattle feeder council directors elected pursuant

section 46, and

(iii) 5 directors at large elected pursuant to

section

47,

and

(

b) the past chair of the Commission, except when the current chair

of the Commission is re-elected for a subsequent term.

(2) Where

(

a) in the case of a zone,

(

i) a zone director becomes the chair of the

Commission, and

(ii) that zone elects a new zone director to represent

the zone pursuant to

section 45(3),

(

b) in the case of the Cattle Feeder Council,

(

i) a cattle feeder council director becomes the chair

of the Commission, and

(ii) the Cattle Feeder Council elects a new cattle

feeder council director pursuant to

section 46(2),

the Board of Directors shall consist of

(c) 18 directors, made up of

(

i) the chair of the Commission,

(ii) 9 zone directors elected pursuant to

section 45,

(iii) 3 cattle feeder council directors elected pursuant

section 46, and

(iv) 5 directors at large elected pursuant to

section

47,

and

(

d) the past Chair of the Commission, except when the current chair

of the Commission is re-elected for a subsequent term.

Responsibil-ities of the Board of Directors

44(1) The responsibilities of the Commission, the authority delegated to

the Commission by the Council and the direction, administration and

management of the Commission's work, business and affairs, including the

control and management of all the assets owned, held or acquired by the

Commission, are vested in the Board of Directors.

(2) The Board of Directors has the power to do all things necessary to

carry out the purpose of this Plan and the responsibilities and authority

of the Commission.

(3) The Board of Directors may authorize any person, entity or committee

to exercise any of the powers of the Board of Directors as set forth in

this Plan or otherwise.

(4) Where a person, entity or committee is authorized under subsection

(3) to exercise any power of the Board of Directors,

(

a) that person, entity or committee shall report back to the Board

of Directors with respect to the exercise of that power, and

(

b) the Board of Directors shall retain a supervisory function to

oversee the actions of that person, entity or committee in the exercise of

that power.

Election of zone directors

45(1) In the case of zones 1 to 8, in each year after the announcement of

the results of the elections of the delegates representing the zone but

before the commencement of the annual Commission meeting, each zone

committee shall elect from among the delegates representing the zone a

delegate who shall be both

(

a) the zone director for that zone, and

(

b) a zone director of the Commission.

(2) In the case of zone 9, in each year after the announcement of the

results of the elections of the delegates representing the zone but before

the commencement of the annual Commission meeting, the zone committee shall

elect from among the delegates representing the zone a delegate who shall

be both

(

a) the zone director for that zone, and

(

b) a zone director of the Commission.

(3) Where a zone director becomes the chair of the Commission,

(

a) that zone director is relieved of the duties of the zone

director and ceases to be the zone director to represent the zone;

(

b) in the case of zones 1 to 8, the zone committee shall elect

from among the delegates representing the zone another delegate who shall

be both

(

i) the zone director for that zone, and

(ii) a zone director of the Commission;

(

c) in the case of zone 9, the zone committee shall elect from

among the delegates representing the zone another delegate who shall be

both

(

i) the zone director for that zone, and

(ii) a zone director of the Commission.

(4) Where,

(

a) in the case of zones 1 to 8, only one delegate representing the

zone has been nominated to fill the position of zone director for a zone,

the returning officer shall declare the delegate nominated as being elected

by acclamation, and

(

b) in the case of zone 9, only one delegate representing the zone

has been nominated to fill the position of zone director for the zone, the

returning officer shall declare the delegate nominated as being elected by

acclamation.

(5) Where a zone director for a zone has not been elected under

subsections (1), (2) or (3) and has not been declared elected by

acclamation under subsection (4), the Board of Directors shall

(

a) in the case of zones 1 to 8, appoint a delegate representing

the zone to the position of zone director and the delegate so appointed

shall, subject to the approval of the Council, hold office as zone director

as if elected, and

(

b) in the case of zone 9, appoint a delegate representing the zone

to the position of zone director and the delegate so appointed shall,

subject to the approval of the Council, hold office as zone director as if

elected.

Election of directors re Cattle Feeder Council

46(1) In each year after the announcement of the results of the elections

of the cattle feeder council delegates but before the commencement of the

annual Commission meeting, the Cattle Feeder Council shall elect from among

the cattle feeder council delegates 3 cattle feeder council delegates who

shall be the cattle feeder council directors of the Commission.

(2) Where a cattle feeder council director becomes the chair of the

Commission,

(

a) that cattle feeder council director is relieved of the duties

of both cattle feeder council director and cattle feeder council delegate

and ceases to be

(

i) a cattle feeder council director representing the

Cattle Feeder Council, and

(ii) a cattle feeder council delegate representing a

zone,

for the period of time that the person is the chair of the

Commission;

(

b) the Cattle Feeder Council shall elect from among the cattle

feeder council delegates a cattle feeder council delegate who shall

(

i) be a cattle feeder council director of the

Commission, and

(ii) serve as a cattle feeder council director,

for the period of time that the director referred to in clause (a)(

i) is the chair of the Commission;

(

c) in the case of zones 1 to 8, the delegates representing the

zone shall appoint a zone delegate as a cattle feeder council delegate who

shall, subject to the approval of the Board of Directors, serve as a cattle

feeder council delegate representing the zone during the period of time

that the cattle feeder council delegate referred to in clause (a)(ii) is

the chair of the Commission;

(

d) in the case of zone 9, the delegates representing the zone

shall appoint a zone delegate or a sub-zone delegate as a cattle feeder

council delegate who shall, subject to the approval of the Board of

Directors, serve as a cattle feeder council delegate representing the zone

during the period of time that the cattle feeder council delegate referred

to in clause (a)(ii) is the chair of the Commission.

(3) Where fewer than or only a sufficient number of cattle feeder council

delegates have been nominated