Bill 1 (Legislature 11, Session 5)
L11 S5 6798
Alberta — Bills
BILL No. 1 of 1952.
An Act respecting The Bulk Oil and Gas Agents Association.
Short Title. 1. This Act may be cited as "The Oil Agents Association
Short title Act".
Interpretation. 2.
In this Act, unless the context otherwise requires,- ~~~rpreta (a) "association" means the Alberta Bulk Oil Agents ~'~:,?cia Association; ( b) "member" means a member in good standing of the "member" association. (c) "executive council" means the executive council of .~~~~y[.~ve the association; (d) "bulk agent" means a person selling or distributing "bulk agent" petroleum products in wholesale quantities; (e) "agent" means a person selling, distributing petro- "agent" leum products in bulk for remuneration; (f) "secretary" means secretary; secretary-treasurer, "secretary" secretary-manager or the general secretary treasurer of the association.
The Oil Agents Association. 3.
(1) There is hereby established and constituted under Constitu the name The Oil Agents Association a body corporate and gun.:i~ents politic. Association
(2) The association may take any measure not inconsist- ~ower to ent with the provisions of this Act or of any Act or regula- f~v~~lVc~~ tion of the Province, which it deems necessary in order to give effect to any policy adopted by it with respect to any question or matter, directly or indirectly affecting the wholesale oil business. Objects. 4. The objects of the Association shall be,- Objects of association (
a) to advance and promote the cause of the oil and Cause of oil gasoline business in the Province; b~~jn~:oline
status of oil and gasoline business Interests of oil agents Public interest Other bulk agents or- ganizations Eligibility for mem bership Notice of employment Members of the association By-laws J<Jxecutive council and officers Local association Its property and its affairs Fees Meetings Discipline Other matters (b) (C) (d) (e) 2 to raise the status of the oil and gasoline business; to promote and advance the interests of agents and to secure conditions which will make possible the best business service; to arouse and increase public interest in the gasoline and oil business; to co-operate with other bulk oil agents organiza ations in the provinces of Canada, having the same or like aims and obj ects.
Membership. 5.
(1) All persons carrying on the business of sel1ing wholesale and distributing petroleum products in the Pro vince of Alberta shall as a condition of their employment or continued employment be members of the association.
(2) When an agent enters upon any contract of en gagement with any oil company of any district in the Province, the company employing him, shall within 60 days give notice forthwith in writing to the se,cretary of the association of the date of his commencement of employment and in such case the oil company may employ the agent unless and until the association notifies it in writing that the agent is not a member.
(3) The following persons shall be eligible for member ship in the association: agents carting, selling or dispensing oil and gasoline in bulk. 6. The association shall consist of a federation of local associations and members at large. By-laws. 7. 0) The association in general meeting may pass by- 1a ws not inconsistent with the provisions of this Act or regulation of the Province respecting,- (
a) the election of the executive council and officerR of the association; - (
b) the formation) government, management and dis solution of loc.al associations; (
c) the management of its property and affairs and its own internal organization and administration; (
d) the maintenance of the association and the fixing -and collecting of monthly and other fees; (
e) the time, place and conduct of the annual and other meetings of the association. (
f) dis,cipline, including the suspension and expulsion of members; (
g) all such other matters as may be deemed necessary or convenient for the management of the associa tion and the promotion of its welfare or the conduct of its business.
(2) The association may also amend, alter or repeal any ~m~~~~:.~t by-law.
(3) No such by-laws or amendments or repeals thereof Approval oJ relating to discipline shall be valid or take effect until ~~~~~~ an approved by the Lieutenant Governor in Council. ments
(4) Any witness failing to attend before the discipline Failure of committee constituted pursuant to the by-laws of the ':;:N~~~s to association relating to discipline in obedience to a notice ~ffO.ri. requiring hinl to attend and give evidence before the com- co~%i~~:e mittee or failing to produce any books, papers or other ~~~ishment documents or in any way to comply with the notice, or re- fusing to be sworn or to answer any question allowed by the committee shaH be liable to attachment upon application by notice of motion to a judge of the Supreme Court and may be punished as for contempt of court; and where the witness is a member of the association whose conduct is being in vestigated, such failure or refusal shall be deemed unpro- fessional conduct within the meaning of the by-laws of the association relating to discipline.
Government of Association. 8.
(1) The association shall be governed by an annual Annual general meeting to be held in December each year, or at such ~~eft~k to other .time as m.ay be deemed expedient by the executive ~~~;~;~tion councIl.
(2) The annual general meeting shall be composed of the Persons to . officers, the executive council and the delegates from local ~~~~fi~S; associations, as provided by the by-laws. 9.
(1) The business of the association shall be transacted Transaction d ~ d b th t' '1 t bIt d of business an carrIe on y e execu lve councl, 0 e e ec e or by executive appointed as provided in the by-laws. council
(2) The executive council shall be composed of the officers Persons to of the association and at least seven others to be elected by comp~~e districts. ~~~~~ire 10. The fees of members of the association shall be Fees of those fixed from time to time by the by-laws. members 11.
(1) At the end of each month any oil company in Retention.of the Province is hereby empowered and shall call from the d::~~~WP agent or retain from the s.alary or commission of each a~d ~~;:J~fles every agent employed by them the amount of membershIp agents dues fixed and prescribed by the association, and all monies so obtained shall be deemed to be a payment on account of membership dues by the agents from whom the sum has been retained.
(2) The total of such money so collected shall be for warded at the end of each month to the association.
Constitution of board Powers and duties of board Appeals to board Violation of Act an offence Penalty Coming into force 4 Oil Agents Appeal Board. 1!2. (1.) There shall be constituted 'a hoard to be known as the Oil Agents Appeal Board consisting of three members, one of whom shall be appointed by the executive council and two by the Lieutenant Governor in Council.
(2) It shall be the duty of the Oil Agents Appeal Board and it shall have power,- «(
l) to appoint a chairman and secretary; (
b) to serve as a board of appeal in case of suspension or expulsion or other disciplining of members of the association, or to investigate on the order of the court cases involving suspension or cancellation of agents contracts. 13.
In the event of any agent being suspended or ex pelled from membership in the association or otherwise disciplined by the executive council such agent shall be entitled to appeal to the Oil Agents Appeal Board and in case the board confirms the decision of the executive council, the association may advise the oil company to suspend or cancel the contract of the agent or suspend the employment of such agent. Penalty. 14.
Every person violating- any provision of this Act or any of the by-laws made thereunder shall be g-uilty of an offence and liable on summa.ry conviction to a fine of not more than twenty-five dollars and costs. 15. This Act shall come into force on the first day of July, 1952.
FIFTH SESSION ELEVENTH LEG~LATURE 1 Elizabeth II 1952 BILL
An Act respecting The Bulk Oil and Gas Agents Association. Received and read the First time ................................ . Second time .. Third time .. MR. HALMRAST. Title: 1952 (11th, 5th) Bill 1,
An Act respecting The Bulk Oil and Gas Agents Association