Alberta Gazette — 31 May (ii)
0531 ii
Alberta — Gazette
Alberta Regulation 106/99
Environmental Protection and Enhancement Act
ENVIRONMENTAL APPEAL BOARD AMENDMENT REGULATION
Filed: May 3, 1999
Made by the Minister of Environmental Protection (M.O. 21/99) pursuant to
section 94 of the Environmental Protection and Enhancement Act.
1 The Environmental Appeal Board Regulation (AR 114/93) is amended by
this Regulation.
Section 1 is amended
(
a) in clause (
d) by striking out "objection" wherever it occurs
and substituting "appeal";
(
b) in clause (f)
(
i) by striking out "objection" wherever it occurs and
substituting "appeal";
(ii) by striking out "and" at the end of subclause (ii)
and by adding the following after subclause (ii):
(ii.1) where the subject of the notice
of appeal is an approval or reclamation certificate under the Act or an
approval, licence, preliminary certificate or transfer of an allocation of
water under the Water Act, the person who holds the approval, licence or
preliminary certificate, the person to whom the reclamation certificate was
issued or the person to whom the allocation was transferred, and
Section 3 is repealed and the following is substituted:
Combining notices of appeal
3 Where the Board receives more than one notice of appeal in
respect of a decision, it may combine the notices of appeal for the
purposes of dealing with them under this Regulation.
Section 4(1) is amended by striking out ", except the power to conduct
a hearing".
Section 5 is amended
(
a) by striking out "objection" wherever it occurs and substituting
"appeal";
(
b) in subsection (1)(
b) by striking out "objected to" and
substituting "being appealed";
(
c) in subsection (1)(c), (
d) and (
e) by striking out "objecting"
and substituting "appealing".
Section 6 is amended
(
a) in subsection (2) by adding "one," before "3";
(
b) in subsection (3) by striking out "A" and substituting "Where a
panel consists of more than one person, a";
(
c) in subsection (4) by striking out "objection" and substituting
"appeal".
Section 7 is repealed and the following is substituted:
Notices
7(1) Subject to
section 87(2) and (5) of the Act, where the Board
makes a determination to proceed with a notice of appeal, it shall
(
a) where the Board decides to conduct the hearing of
the appeal by means of an oral hearing,
(
i) fix a date for the hearing of the
appeal, and
(ii) subject to subsection (3), give written
notice to the parties of the date of the hearing and the date by which the
parties must file their written submissions with the Board, and publish a
notice containing the information specified in subsection (2) in any manner
the Board considers appropriate at least
(A) 7 days before the date of
the hearing, where the notice of appeal is one referred to in
section
115(1)(a), (d), (
f) or (
g) of the Water Act and is in respect of an
approval, or
(B) 21 days before the date of
the hearing in all other cases;
(
b) where the Board decides to conduct the hearing of
the appeal on the basis of written submissions,
(
i) give written notice to the parties
stating that the hearing of the appeal will be conducted on the basis of
written submissions, and setting out the date by which the parties must
file their written submissions with the Board, and
(ii) publish a notice containing the
information specified in subsection (2) in any manner that the Board
considers appropriate.
(2) A published notice referred to in subsection (1)(a)(ii) or
(b)(ii) must contain the following:
(
a) the date, time and place of the hearing, in a case
where an oral hearing is to be held;
(
b) a
summary of the subject matter of the notice of
appeal;
(
c) a statement that any person who is not a party to
the appeal and wishes to make representations on the subject matter of the
notice of appeal must submit a request in writing to the Board;
(
d) the deadline for submitting a request in writing
under clause (c);
(
e) the mailing address of the Board;
(
f) the location and time at which any material filed
with the Board will be available for examination by interested persons.
(3) Notwithstanding anything in this section, where the Board is of
the opinion that an emergency situation exists that is resulting or could
result in an adverse effect, the Board may give or publish notice under
this
section in any manner and within any time that the Board considers
appropriate.
Section 9(1)(
c) and (2) are amended by striking out "objection" and
substituting "appeal".
Section 10 is amended
(
a) by repealing subsection (1)(
a) and substituting the following:
(
a) not later than the date specified for that purpose
in the written notice given to the party under
section 7(1)(a)(ii), in a
case where there will be an oral hearing, or
(
b) in subsection (2) by striking out "9(3)" and substituting
"9(2)";
(
c) in subsection (5) by striking out "objection" and substituting
"appeal".
Section 12 is amended
(
a) in subsection (1) by striking out "objection" and substituting
"appeal" and by striking out "any other enactment" and substituting
"section 115(1)(
a) to (i), (k), (
m) to (
p) or (
r) of the Water Act";
(
b) in subsection (2) by striking out "objection" and substituting
"appeal" and by adding "or
section 115(1)(j), (
l) or (
q) of the Water Act"
after "84(1)(
k) or (
l) of the Act".
Section 14 is repealed and the following is substituted:
Questions
14 The Board
(
a) shall give each party an opportunity to direct
questions to other parties in attendance at an oral hearing, and
(
b) may give a party an opportunity to direct written
questions to other parties where a hearing of the appeal is conducted on
the basis of written submissions.
12 In the following provisions "objection" is struck out wherever it
occurs and "appeal" is substituted:
section 11;
section 13;
section 18;
section 20.
------------------------------
Alberta Regulation 107/99
Funeral Services Act
EXEMPTION AMENDMENT REGULATION
Filed: May 5, 1999
Made by the Lieutenant Governor in Council (O.C. 194/99) pursuant to
section 2 of the Funeral Services Act.
1 The Exemption Regulation (AR 233/98) is amended by this Regulation.
2 The following is added after
section 1:
Exemption from
section 33(1)
1.1(1) Subject to subsections (2) and (3), a licensee is exempt from
the operation of
section 33(1) of the Funeral Services Act in regard to any
pre-need funeral services contract that the licensee entered into between
May 1, 1962 and November 30, 1998 if
(
a) that contract specifically permits the licensee to
retain income earned by the investment of the funds received under the
contract, and
(
b) the amount of principal and income held in the
special fund to the credit of that contract after each withdrawal of income
under subsection (2) equals or exceeds the highest price that the licensee
charged to provide funeral services equivalent to those under the contract
during the 2-year period preceding the withdrawal of income under
subsection (2).
(2) A licensee may withdraw income from trust relating to a pre-need
funeral services contract in regard to which the licensee is exempt under
subsection (1) on providing to the authorized trustee
(
a) a written report in the form set by the Director
that
(
i) is completed by an independent
chartered accountant, certified general accountant or certified management
accountant, and
(ii) verifies that all conditions in
subsection (1) are met,
and
(
b) a written statement from the Director that the
report referred to in clause (
a) has been filed with the Director.
(3) A licensee may withdraw income in accordance with this
section
once each year within 30 days of receiving the Director's written statement
under subsection (2)(b).
(4) An authorized trustee of a special fund affected by an exemption
under this
section is exempt from the operation of
section 7 of the Funeral
Services Act to the extent necessary to give effect to subsections (2) and
(3).
Alberta Regulation 108/99
Forests Act
FOREST RECREATION AMENDMENT REGULATION
Filed: May 5, 1999
Made by the Lieutenant Governor in Council (O.C. 199/99) pursuant to
section 46 of the
Forests Act.
1 The Forest Recreation Regulation (AR 343/79) is amended by this
Regulation.
Section 5.1 is repealed.
3 The following is added after
section 5.6:
5.7 The area of forest land described in
Schedule D.7 is declared
to be a forest land use zone named the Holmes Crossing Forest Land Use
Zone.
5.8 The area of forest land described in
Schedule D.8 is declared
to be a forest land use zone named the Whitecourt Sandhills Cross-country
Ski Forest Land Use Zone.
5.9 The area of forest land described in
Schedule D.9 is declared
to be a forest land use zone named the Coal Branch Forest Land Use Zone.
5.91 The area of forest land described in
Schedule D.91 is declared
to be a forest land use zone named the Athabasca Ranch Forest Land Use
Zone.
5.92 The area of forest land described in
Schedule D.92 is declared
to be a forest land use zone named the Brule Lake Forest Land Use Zone.
4 The following is added after
section 10:
10.1 A forest officer may order a person in a forest land use zone
to refrain from doing anything that, in the opinion of the forest officer,
is dangerous to life or property or detrimental to the management or use of
any road, trail or route within the zone.
5 The heading preceding
section 11 is struck out and the following is
substituted:
Kananaskis Country Forest Land Use Zone
Section 11 is amended
(
a) in subsection (1) by striking out "subsections (2) and (3)" and
substituting "subsection (2)";
(
b) in subsections (1) and (2) by striking out "or the Wild Kakwa
Forest Land Use Zone";
(
c) by repealing subsection (3).
7 The following is added after
section 15.2
Holmes Crossing Forest Land Use Zone
15.3(1) No person shall allow a horse under the person's control to
be in the Holmes Crossing Forest Land Use Zone except on trails designated
for that use by signs or notices posted in the Zone or by the written
instructions of a forest officer.
(2) Subject to subsections (3) and (4), no person shall, within the
Holmes Crossing Forest Land Use Zone, operate
(
a) an on-highway vehicle, except on a highway, or
(
b) an off-highway vehicle or snow vehicle.
(3) The operation of a motor vehicle on land within the Holmes
Crossing Forest Land Use Zone which is not a highway is permitted
(
a) to transport an employee of the Government in the
course of the employee's work,
(
b) where the vehicle is being used to conduct, or to
transport any person or equipment to be employed or used in, work or
activity within the Zone that has been approved by the Minister,
(
c) to remove a sick, injured or deceased person from
the Zone, or
(
d) at places within the limits of a registered
trapping area located within the Zone where the use of the vehicle is
approved by a forest officer.
(4) The operation of a snow vehicle is permitted within the Holmes
Crossing Forest Land Use Zone from December 1 to March 31 on trails
designated for that use by signs or notices posted in the Zone.
Whitecourt Sandhills Cross-country Ski
Forest Land Use Zone
15.4(1) Subject to subsections (2) and (3), no person shall, within
the Whitecourt Sandhills Cross-country Ski Forest Land Use Zone, operate
(
a) an on-highway vehicle, except on a highway, or
(
b) an off-highway vehicle or snow vehicle.
(2) The operation of an on-highway vehicle or off-highway vehicle is
permitted within the Whitecourt Sandhills Cross-country Ski Forest Land Use
Zone from April 1 to October 31 on trails that have been designated for
that purpose by signs or notices posted in the Zone.
(3) The operation of a motor vehicle on land within the Whitecourt
Sandhills Cross-country Ski Forest Land Use Zone is permitted
(
a) to transport an employee of the Government in the
course of the employee's work,
(
b) where the vehicle is being used to conduct, or to
transport any person or equipment to be employed or used in, work or
activity within the Zone that has been approved by the Minister,
(
c) to remove a sick, injured or deceased person from
the Zone, or
(
d) at places within the limits of a registered
trapping area located within the Zone where the use of the vehicle is
approved by a forest officer.
(4) No person shall allow a horse under the person's control onto a
trail within the Zone between November 1 and March 31 when the trail has
been designated for cross-country skiing by signs or notices posted in the
Zone.
Coal Branch Forest Land Use Zone
Athabasca Ranch Forest Land Use Zone
Brule Lake Forest Land Use Zone
15.5(1) Subject to subsections (2) and (4), no person shall, within
any of the Zones, operate
(
a) an on-highway vehicle, except on a highway, or
(
b) an off-highway vehicle or snow vehicle.
(2) The operation of a motor vehicle is permitted within any of the
Zones in areas or on trails that have been designated for that purpose by
signs or notices posted in the Zone, or by the written instructions of a
forest officer.
(3) A person operating a motor vehicle within any of the Zones
shall, at the time of entry into the Zone, obtain a copy of, and comply
with, any written instructions referred to in subsection (2) that are then
available.
(4) The operation of a motor vehicle on land within any of the Zones
which is not a highway is permitted
(
a) to transport an employee of the Government in the
course of the employee's employment,
(
b) where the vehicle is being used to conduct, or to
transport any person or equipment to be employed or used in, work within
the Zone that has been approved by the Minister,
(
c) to remove a sick, injured or deceased person from
the Zone or,
(
d) at places within the limits of a registered
trapping area located within the Zone where the use of the vehicle is
approved in writing by a forest officer.
Section 17 is repealed.
9 Sections 25.4 to 25.8 are repealed.
10 Sections 25.81 and 25.9 are repealed and the following is
substituted:
25.81(1) If a forest officer orders a person camping at a campsite
to vacate the campsite, the order must be in writing.
(2) A person to whom an order is given under subsection (1) shall
vacate the campsite within one hour after being ordered to do so.
25.82 A person who vacates a campsite shall ensure that all
personal property belonging to him is removed.
25.9 If, in the opinion of a forest officer, a nuisance exists at
any campsite, the forest officer may in writing order the person considered
to be causing the nuisance to eliminate the nuisance as far as possible.
Section 25.91 is repealed.
Schedule D.1 is repealed.
13 The following is added after
Schedule D.6:
SCHEDULE D.7
HOLMES CROSSING FOREST LAND USE ZONE
All those portions of the following lands as shown outlined on a plan on
file in the Department of Environmental Protection as No. 5764 GEN.
In Township 61, Range 5, West of the 5th Meridian:
All that portion of the northwest quarter of
section 18 which lies to
the west of a road as shown on a plan of record at the Land Titles Office
as No. 822 2563.
In Township 61, Range 6, West of the 5th Meridian:
The northwest quarter of
section 3, the northeast quarter of
section
4 and the north half of
section 6.
All that portion of
section 7 which lies to the south and west of a
cut-line.
All that portion of the south half of
section 8 and southwest quarter
section 9 which lie to the south of the cut-lines therein.
All that portion of the northeast quarter of
section 9 which lies to
the east of a cut-line.
Sections 10, 13 and 14.
The south half and northeast quarter of
section 15.
All that portion of the northwest quarter of
section 15 which lies to
the south of a cut-line and to the east of a trail.
All that portion of the southeast quarter of
section 16 which lies to
the east of a cut-line.
All that portion of the northeast quarter of
section 16 which lies to
the east of a cut-line and to the south of a trail.
All those portions of the north half and southeast quarter of
section
21, and the west half of
section 22 which lie generally to the east of a
trail.
The east half of
section 22,
section 23, the west half of
section 24,
the southwest quarter of
section 25 and the southeast quarter of
section
All that portion of the northwest quarter of
section 25 which lies to
the south and east of an unsurveyed road and to the south and west of a
road as shown on a plan of record at the Land Titles Office as No. 1177 PX.
All those portions of the north half and southwest quarter of
section
26, and the south half of
section 27 which lie generally to the south of an
unsurveyed road.
All that portion of the southeast quarter of
section 28 which lies to
the east of a trail and to the south of an unsurveyed road.
In Township 61, Range 7, West of the 5th Meridian:
The southeast quarter of
section 12.
All that portion of the northeast quarter of
section 12 which lies to
the south and west of a cut-line.
SCHEDULE D.8
WHITECOURT SANDHILLS CROSS-COUNTRY SKI
FOREST LAND USE ZONE
All those portions of the following lands required for ski trails as shown
on a plan on file in the Department of Environmental Protection as No. 5819
GEN.
In Township 59, Range 11, West of the 5th Meridian:
The northwest quarter of
section 10.
The northwest quarter of
section 11.
The north half of
section 13.
The north half and southwest quarter of
section
Section
Section 22.
The south half and northwest quarter of
section 23.
The southwest quarter of
section 24.
SCHEDULE D.9
COAL BRANCH FOREST LAND USE ZONE
In Township 42, Range 21, West of the 5th Meridian:
All that portion of the northwest quarter and legal subdivision 10 of
section 35 which lies to the north and east of the Jasper National Park
boundary.
The west half of legal subdivision 9, and legal subdivisions 15 and
16 of
section 35.
In Township 43, Range 21, West of the 5th Meridian:
Section 1.
All those portions of
section 2, northeast quarter of
section 3,
north half and southeast quarter of
section 10, southwest quarter of
section 15, northeast quarter of
section 16, north half and southwest
quarter of
section 19, north half and southeast quarter of
section 20 and
the south half of
section 21, which lie to the north, and north and east of
the Jasper National Park boundary.
Section 11, the south half and northwest quarter of
section 12, legal
subdivisions 10 and 16 of
section 12, the west halves of legal subdivisions
9 and 16 of
section 12, legal subdivisions 2, 3, 4, 5, 12 and 13 of
section
13, the west halves of legal subdivisions 6, 11 and 14 of
section 13, the
southeast quarter of legal subdivision 6 of
section 13,
section 14, the
north half and southeast quarter of
section 15, the north half of
section
21,
section 22, the southwest quarter of
section 23, legal subdivisions 1,
2, 13, 14 and 15 of
section 23, the south halves of legal subdivisions 7
and 8 of
section 23, legal subdivision 4 of
section 24, legal subdivisions
2, 7, 10 and 15 of
section 26, the west half of
section 26, sections 27 to
34 inclusive, the west half of
section 35, and legal subdivisions 2 and 7
section 35.
In Township 43, Range 22, West of the 5th Meridian:
All those portions of the northeast quarter of
section 22, sections
23, 24 and 27, northeast quarters of sections 28 and 32, and
section 33
which lies to the north, and north and east of the Jasper National Park
boundary.
Sections 25, 26, 34, 35 and 36.
In Township 44, Range 21, West of the 5th Meridian:
Legal subdivision 4 of
section 2, the south half and northwest
quarter of
section 3, legal subdivision 10 of
section 3, the southwest
quarter of legal subdivision 9 of
section 3, sections 4 to 8 inclusive,
legal subdivision 1 of
section 9, legal subdivisions 3 and 4 of
section 10,
sections 17 and 18.
In Township 44, Range 22, West of the 5th Meridian:
Sections 1 to 4, inclusive.
All those portions of
section 5, north half and southeast quarter of
section 7, southwest quarter of
section 8, northwest quarter of
section 18
and the west half of
section 19 which lies generally to the north and east
of the Jasper National Park boundary.
The north half and southeast quarter of
section 8, south half and
northeast quarter of
section 9, the south half of legal subdivision 12 of
section 9, legal subdivisions 11 and 14 of
section 9, sections 10 to 14
inclusive, the south half and northeast quarter of
section 15, legal
subdivision 11 of
section 15, the southeast quarter of legal subdivision 12
section 15, the northwest quarter of legal subdivision 13 of
section
15, legal subdivisions 1, 2, 8, 12, 13, 14 and 15 of
section 16, the east
half of legal subdivision 3 of
section 16, the southeast quarter of legal
subdivision 7 of
section 16, the north half of legal subdivision 16 of
section 16,
section 17, the south half and northeast quarter of
section 18,
the east half of
section 19, sections 20 and 21, the northwest quarter of
section 22, legal subdivisions 1, 4 and 5 of
section 22, the west half of
legal subdivision 6 of
section 22, the southeast quarter of
section 23,
legal subdivisions 3, 4, 6, 9 and 10 of
section 23, the south half of legal
subdivision 5 and the southeast quarter of legal subdivision 16 of
section
23, the south half and northeast quarter of
section 24, legal subdivisions
11, 12 and 14 of
section 24, the south half and northeast quarter of legal
subdivision 13 of
section 24, the west half of
section 27, legal
subdivisions 2, 7 and 10 of
section 27, the west halves of legal
subdivisions 1, 8 and 9 of
section 27, the south half of legal subdivision
15 of
section 27, sections 28 to 31, inclusive, the south half and
northwest quarter of
section 32, legal subdivisions 9, 10 and 15 of
section
32, the southeast quarter of legal subdivision 16 of
section 32, the south
half of
section 33, legal subdivisions 12 and 13 of
section 33, the
southwest quarter of legal subdivision 9 of
section 33, the southeast
quarter of legal subdivision 10 of
section 33, the west halves of legal
subdivisions 11 and 14 of
section 33, legal subdivision 4 of
section 34,
the south halves of legal subdivisions 3 and 5 of
section 34 and the
northwest quarter of legal subdivision 3 of
section 34.
In Township 44, Range 23, West of the 5th Meridian:
All that portion of the east half of
section 13 which lies generally
to the east of the Jasper National Park boundary.
All those portions of the north half of
section 24, southwest quarter
section 25,
section 26, northeast quarter of
section 27, northeast
quarter of
section 33 and
section 34, which lies generally to the north and
east of the Jasper National Park boundary.
The north half and southeast quarter of
section 25 and sections 35
and 36.
In Township 45, Range 21, West of the 5th Meridian:
All that portion of the northeast quarter of
section 8 which lies to
the north and east of the Alexis Cardinal River Indian Reserve as shown on
plan 962 3821 (115 IR) and to the north and east of the road as authorized
under RDS 930043.
All those portions of sections 9 and 10, and northwest quarter of
section 11 which lies generally to the north of the said road (RDS 930043).
Legal subdivision 4 of
section 14, the southwest quarter of
section
15, legal subdivisions 1, 2, 7, 11, 12 and 13 of
section 15,
section 16,
the northeast quarter of
section 17.
All that portion of the south half and northwest quarter of
section
17, the north half of
section 18 and legal subdivision 3 of
section 19
which lies to the north and east of the said Indian Reserve (Plan No. 962
3821).
The north half and southeast quarter of
section 19, the north half of
legal subdivision 5 of
section 19, legal subdivision 6 of
section 19,
section 20, the southwest quarter of
section 21, legal subdivisions 1, 2, 7
and 12 of
section 21, the southwest quarter of
section 29, legal
subdivisions 2 and 12 of
section 29,
section 30, the southwest quarter of
section 31, legal subdivisions 2 and 12 of
section 31.
In Township 45, Range 22, West of the 5th Meridian:
The north half and legal subdivision 8 of
section 23, the northwest
quarter of
section 24, legal subdivisions 5, 6, 15 and 16 of
section 24,
the north half of legal subdivision 9 of
section 24, sections 25, 26 and
27, northeast quarter of
section 29.
All those portions of the south half and northwest quarter of
section
29 and north half of
section 30 which lies to the north and east of a cut
line as shown on plan no. P0376 (Natural Resources Service).
Sections 31 to 36, inclusive.
In Township 45, Range 23, West of the 5th Meridian:
Sections 1, 2 and 3, and the north halves of sections 4 and 5.
All those portions of the south halves of sections 4 and 5, north
half and southeast quarter of
section 6, and south half and northwest
quarter of
section 7 which lies generally to the north and east of the
Jasper National Park boundary.
The west half of legal subdivision 9, legal subdivision 10, and the
south half and northwest quarter of legal subdivision 15 of
section 7.
Legal subdivisions 1, 2, 3, 4 and 5, the south half of legal
subdivision 6, the northeast quarter of legal subdivision 14, the north
half of legal subdivision 15, and legal subdivision 16, of
section 8.
The southeast quarter of legal subdivision 1, the south half and
northwest quarter of legal subdivision 4, legal subdivision 11, the east
half of legal subdivision 12, and legal subdivisions 13 and 14, of
section
All those portions of the northeast quarter of
section 9, the
northwest quarter of
section 10 and the south half of
section 15 which lie
to the north and west of a cutline, this cutline being the same cutline as
shown within the northeast quarter of
section 15 on the said plan no.
P0376.
Legal subdivision 1, the south half and northeast quarter of legal
subdivision 2, the south halves of legal subdivisions 3 and 4, the east
half of legal subdivision 7, legal subdivision 8, and the southeast quarter
of legal subdivision 9, of
section 10.
The south half, legal subdivisions 9, 10 and 16, the south half and
northeast quarter of legal subdivision 12, the southeast quarter of legal
subdivision 14, and the south half and northeast quarter of legal
subdivision 15, of
section 11.
Legal subdivisions 3, 4, 12, 13, 14, 15 and 16, the south half and
northwest quarter of legal subdivision 5, and the north half of legal
subdivision 11, of
section 12.
Legal subdivisions 1, 2 and 3, and the south half and northeast
quarter of legal subdivision 4, of
section 13.
The southeast quarter of legal subdivision 1 of
section 14.
The south half of
section 16 and the southeast quarter of
section 17.
Legal subdivisions 3, 5 and 6, and the north half of legal
subdivision 4, of
section 17.
The southwest quarter, legal subdivisions 7, 8 and 12, and the north
half and southwest quarter of legal subdivision 2, of
section 18.
The north halves of sections 27, 28 and 29, and sections 31 to 36,
inclusive.
In Township 45, Range 24, West of the 5th Meridian:
All those portions of the northeast quarter of
section 12,
section
13, northeast quarter of
section 14, southeast quarter of
section 22, and
south half of
section 23, which lie to the north and east of the Jasper
National Park boundary.
The northeast quarter of
section 22, the northwest quarter of
section
23, legal subdivisions 9 and 10 of
section 23, the southwest quarter and
legal subdivision 2 of
section 24, legal subdivisions 3, 4 and 5 of
section
26, legal subdivision 1 of
section 27, and north half and southeast quarter
section 36.
In Township 46, Range 22, West of the 5th Meridian:
The west half of legal subdivision 1, legal subdivisions 2, 7, 11 and
12 and the southwest quarter, of
section 1.
Sections 2 to 9 inclusive, the south half and legal subdivisions 10,
11, 12 and 13 of
section 10, legal subdivisions 2, 3, 4 and 5 of
section
11, the south half of legal subdivision 2 and legal subdivisions 3 and 4 of
section 16, legal subdivisions 1, 2, 3, 4, 6 and 7, and the south half of
legal subdivision 8 of
section 17, the west half and legal subdivisions 2,
7, 10 and 15 of
section 18, the southwest quarter and legal subdivisions 2,
11 and 12 of
section 19.
In Township 46, Range 23, West of the 5th Meridian:
Sections 1 to 17 inclusive.
Section 18, excluding those portions of legal subdivisions 14 and 15
which lie generally to the west of the left bank of the south branch of the
McLeod River and to the east of the easterly limit of an unsurveyed road
(RDS 930043).
All that portion of the southwest quarter of
section 19 which lies to
the south and west of the southwesterly limit of the said unsurveyed road
(RDS 930043).
The east half of
section 19, sections 20 and 21, the south half of
section 22 and
section 29.
In Township 46, Range 24, West of the 5th Meridian:
Section 1, legal subdivision 11 and the south half and northeast
quarter of
section 2, legal subdivisions 1, 8 and 9 of
section 11, legal
subdivisions 9, 10, 11, 12 and 16 and the south half of
section 12, and
legal subdivision 8 of
section 24.
All that portion of legal subdivision 9 of
section 24 which lies to
the south and west of the southwesterly limit of the said unsurveyed road
(RDS 930043) and to the south of the right bank of the McLeod River.
In Township 47, Range 23, West of the 5th Meridian:
The west halves of legal subdivisions 4 and 5 and the southwest
quarter of legal subdivision 12 of
section 5, the south half and northwest
quarter of
section 6, the south half and northwest quarter of legal
subdivision 9, legal subdivisions 10 and 15, and the southwest quarter of
legal subdivision 16 of
section 6, the southwest quarter of legal
subdivisions 2, 7 and 12, and the southwest quarter of legal subdivision 11
section 7.
In Township 47, Range 24, West of the 5th Meridian:
All those portions of the south halves of sections 1 and 2,
section
3, north halves of sections 4 and 5, northeast quarter of
section 6,
southeast quarter of
section 8, and south half of
section 9, which lie
generally to the north of the height of land as shown on the said Plan No.
P0376.
The north halves of sections 1 and 2.
All that portion of the southeast quarter of
section 7 which lies to
the north and east of the said height of land and to the east of the Jasper
National Park boundary.
All that portion of the north half of
section 7 which lies to the
north of the Jasper National Park boundary.
The north half and southwest quarter of
section 8, the north half of
section 9, and sections 10 to 24 inclusive, legal subdivisions 3 and 4 of
section 25, sections 26 to 34 inclusive and the west half of
section 35.
In Township 47, Range 25, West of the 5th Meridian:
All those portions of the northeast quarter of
section 12, south half
section 13, south half and northwest quarter of
section 14, north half
section 15, northeast quarter of
section 20, south half and northwest
quarter of
section 21, southwest quarter of
section 22, east half of
section 29, northeast quarter of
section 31 and south half and northwest
quarter of
section 32, which lie generally to the north and east of the
Jasper National Park boundary.
The north half of
section 13, the northeast quarter of
section 14,
the northeast quarter of
section 21, the north half and southeast quarter
section 22, sections 23 and 24, legal subdivisions 1, 2, 3 and 4 of
section 25, the south half and northwest quarter of
section 26, sections 27
and 28, the northeast quarter of
section 32,
section 33, the northwest
quarter of
section 34, legal subdivisions 1, 4, 5, 6 and 8, the east half
of legal subdivision 2 and the west half of legal subdivision 3 of
section
34, the northeast quarter of legal subdivision 1, legal subdivisions 13 and
14 and the northeast quarter of
section 36.
In Township 48, Range 24, West of the 5th Meridian:
The south half of
section 4, sections 5 and 6, the southwest quarter
section 7, legal subdivisions 1 and 2, the south half and northwest
quarter of legal subdivision 7, and the south half of legal subdivision 8
section 7, and legal subdivision 4 of
section 8.
In Township 48, Range 25, West of the 5th Meridian:
Section 1, legal subdivisions 1, 7 and 8 of
section 2, sections 4 and
5 and the northeast quarter of
section 6.
All that portion of the south half and northwest quarter of
section 6
which lies to the north and east of the Jasper National Park boundary.
Sections 7 and 8, the southwest quarter and legal subdivisions 1, 2
and 12 of
section 9, the east half of
section 11, the south half and
northwest quarter of
section 12, the southwest quarter, legal subdivisions
1, 2, 7, 10, 11 and 12, the west halves of legal subdivisions 8 and 9, of
section 18, legal subdivision 12 and the south half and northwest quarter
of legal subdivision 13 of
section 29.
The north half and southeast quarter of legal subdivision 16 of
section 30, legal subdivisions 1, 6, 7 and 12, the north half and southeast
quarter of legal subdivision 2, the northeast quarter of legal subdivision
5, the southwest quarter of legal subdivision 11 and the west half of legal
subdivision 13 of
section 31 and the west half of legal subdivision 4 of
section 32.
In Township 48, Range 26, West of the 5th Meridian:
All those portions of the northeast quarter of
section 1, south half
and northwest quarter of
section 12, west half of
section 13, northeast
quarter of
section 14, east half of
section 23, south half, northwest
quarter and legal subdivision 10 of
section 26, northeast quarter of
section 32, south half and northwest quarter of
section 33,
section 34,
legal subdivisions 3, 4 and 5 and the southwest quarter of legal
subdivision 6 of
section 35, which lie generally to the north and east of
the Jasper National Park boundary.
The northeast quarter of
section 12, the east half of
section 13, the
west half, legal subdivisions 2, 7 and 10 and the west halves of legal
subdivisions 1 and 8 of
section 24, legal subdivision 4 and the west half
of legal subdivision 5 of
section 25, legal subdivisions 9 and 15 and the
southwest quarter of legal subdivision 16 of
section 26, the northeast
quarter of
section 33, the south half of legal subdivision 2 of
section 35
and the north half and southeast quarter of
section 36.
In Township 49, Range 26, West of the 5th Meridian:
The south half and northwest quarter of legal subdivision 1, the
north half and southeast quarter of legal subdivision 2, the east half of
legal subdivision 6, legal subdivisions 7, 10, 11, 13 and 14, the north
half of legal subdivision 12, the south half and northwest quarter of legal
subdivision 15, of
section 1, the north half of legal subdivision 15, and
legal subdivision 16 of
section 2, sections 3 and 4, the north halves and
southeast quarters of sections 5 and 7, sections 8, 9 and 10, the south
half of
section 11, the south half of legal subdivision 9, legal
subdivisions 10, 11, 12 and 13 and the south half of legal subdivision 14,
section 11, legal subdivisions 3, 4 and 5, and the southwest quarter of
legal subdivision 6, of
section 12, the southwest quarter of legal
subdivision 4 of
section 14, the west half of
section 15, legal
subdivisions 1, 2, 7, 10 and 15, and the west half of legal subdivision 8,
section 15, sections 16 and 17, the south half of
section 18, legal
subdivisions 9 and 16, the south half and northeast quarter of legal
subdivision 10, the southeast quarter of legal subdivision 11 of
section
18, the east half of legal subdivision 1 of
section 19 and the southeast
quarter of
section 20.
Legal subdivisions 3, 4, 6, 9 and 10, the southeast quarter of legal
subdivision 5, and the south halves of legal subdivisions 11 and 16, of
section 20, the south half and northwest quarter of
section 21, legal
subdivisions 9 and 10, the south half and northwest quarter of legal
subdivision 15 and the southwest quarter of legal subdivision 16, of
section 21, the southwest quarter of legal subdivision 2, legal
subdivisions 3, 4 and 5, and the southwest quarter of legal subdivision 12,
section 22.
All those portions of the southwest quarter of
section 5, north half
and southeast quarter of
section 6, and southwest quarter of
section 7,
which lies generally to the north and east of the Jasper National Park
boundary.
In Township 49, Range 27, West of the 5th Meridian:
All those portions of the east half of
section 12, legal subdivisions
1 and 2 and the south half of legal subdivision 7 of
section 13, which lies
generally to the north and east of the Jasper National Park boundary.
Legal subdivision 8 of
section 13:
Excepting thereout all Freehold parcels within all the above lands.
SCHEDULE D.91
ATHABASCA RANCH FOREST LAND USE ZONE
In Township 51, Range 25, West of the 5th Meridian:
FIRSTLY
All those portions of the northwest quarter of
section 5, northeast
quarter of
section 6, south halves of sections 7 and 8, northeast quarter
section 8, north half of
section 9, north half and southwest quarter of
section 15, southeast quarter of
section 16, southeast quarter of
section
22, north half and southwest quarter of
section 23 and southeast quarter of
section 26, which lies generally to the north and west of the left bank of
the Athabasca River.
SECONDLY
The north half of
section 7
The northwest quarter of
section 8
The north half and southwest quarter of
section 16
The south half and northwest quarter of
section 17
The north half and southwest quarter of
section 18
Sections 19, 20 and 21
The north half and southwest quarter of
section 22
The north half and southwest quarter of
section 27
The south half and northeast quarter of
section 28
The southeast quarters of sections 29 and 30.
THIRDLY
All that portion of the southwest quarter of
section 25 which lies:
to the north and west of the access road as shown on Plan No. 2458 TL Item
>B=(LOC 2829); to the north of the left bank of the Athabasca River; and to
the south and west of the access road as shown on Plan No. 5254 TL (LOC
5640).
FOURTHLY
All that portion of the northwest quarter of
section 25 which lies to
the south and west of the access road as shown on Plan No. 5254 TL (LOC
5640).
FIFTHLY
All those portions of the northwest quarter of
section 28, north half
section 29, south halves of sections 33 and 34, which lies generally to
the south of a pipeline right of way as shown on Plan No. 11380 P (PLA
820657).
SIXTHLY
All that portion of the northwest quarter of
section 29 which lies to
the west of an access road as shown on Plan No. 8435 TL (LOC 801494).
SEVENTHLY
All that portion of the southwest quarter of
section 29 which
excludes that portion lying to the north and west of a pipeline as shown on
Plan No. 11380 P (PLA 820657) and to the north and east of an access road
as shown on Plan No. 8435 TL (LOC 801494).
EIGHTHLY
All those portions of the north half and southwest quarter of
section
30, and southeast quarter of
section 31 which lie generally to the south
and east of an access road as shown on Plan No. 429 TL Item >A= (LOC 985).
NINTHLY
All that portion of the southwest quarter of
section 32 which lies to
the south and east of an access road as shown on Plan No. 429 TL Item >A=
(LOC 985) and to the west of an access road as shown on Plan No. 8435 TL
(LOC 801494).
In Township 51, Range 26, West of the 5th Meridian:
FIRSTLY
All those portions of the northeast quarter of
section 1 and
southeast quarter of
section 12 which lie generally to the north of the
left bank of the Athabasca River.
SECONDLY
The northeast quarter of
section 12
Section 13
The south half of
section 24.
SAVING AND EXCEPTING
PLAN
PLAN NO.
AREA more or less
Tower Site
4207 NY (2545 GEN)
0.838 ha (2.07 ac)(SW 13)
THIRDLY
All those portions of the south half and northeast quarter of
section
14, the east half of
section 23, the north half of
section 24, and the
southeast quarter of
section 25, which lies generally to the south and east
of an access road as shown on Plan No. 429 TL Item >A= (LOC 985).
SAVING AND EXCEPTING
PLAN
PLAN NO.
AREA more or less
Railway Site
6799 MC (2359 GEN)
3.343 ha (8.26 ac)(SE 14)
SCHEDULE D.92
BRULE LAKE FOREST LAND USE ZONE
In Township 49, Range 26, West of the 5th Meridian:
All that portion which may be more particularly described and bounded
as follows:
Commencing at the southwest corner of legal subdivision 5 of
section
19; thence easterly along the south boundary of legal subdivisions 5, 6 and
7 to its intersection with the northwesterly limit of a road as shown on
Plan No. 3470 JY (3323 RD); thence northeasterly along the said
northwesterly limit to its intersection with the north boundary of the
south half of
section 29; thence westerly along the said north boundary and
north boundary of the southeast quarter of
section 30 to its intersection
with the southeasterly limit of a pipeline right of way as shown on Plan
No. 3765 HW (170 P); thence southwesterly along the said southeasterly
limit to its intersection with the west boundary of
section 19; thence
southerly along the said west boundary to the point of commencement.
In Township 49, Range 27, West of the 5th Meridian:
All that portion which may be more particularly described and bounded
as follows:
Commencing at the southeast corner of legal subdivision 8 of
section
24; thence westerly along the south boundary of legal subdivisions 7 and 8
to its intersection with the east boundary of the southwest quarter of
section 24; thence southerly along the said east boundary to its
intersection with the northerly limit of a road as shown on Plan No. 2890
JY (3256 RD); thence westerly and southwesterly along the said northerly
limit and northwesterly limit of the said road to its intersection with the
Jasper National Park boundary within the southeast quarter of
section 14;
thence westerly along the said boundary to its intersection with the right
bank of the Athabasca River; thence northerly along the said right bank and
along the easterly bank of Brule Lake to its intersection with the north
boundary of the southwest quarter of
section 26; thence easterly along the
said north boundary to the southwest corner of legal subdivision 11 of
section 26; thence northerly along the west boundary of the said legal
subdivision 11 to the northwest corner thereof; thence easterly along the
north boundary of the said legal subdivision 11 to the northeast corner
thereof; thence northerly along the westerly boundary of the south half of
legal subdivision 15 of
section 26 to the northwest corner of the said
south half; thence easterly along the north boundary of the said south half
to its intersection with the west boundary of legal subdivision 16 of
section 26; thence northerly in a straight line to the northwest corner of
legal subdivision 16 of
section 35; thence easterly along the said north
boundary of the said legal subdivision 16 and the north boundary of the
northwest quarter of
section 36 to the northeast corner of the said
northwest quarter of
section 36; thence southerly along the east boundary
of the said quarter to the southeast corner thereof; thence westerly along
the south boundary of the said quarter to the northwest corner of the
northeast quarter of legal subdivision 6 of the said
section 36; thence
southerly in a straight line to the northwest corner of the northeast
quarter of legal subdivision 6 of
section 25; thence easterly along the
north boundary of the southwest quarter of the said
section to the
northeast corner thereof; thence southerly along the east boundary of the
said quarter to the northwest corner of legal subdivision 2 of the said
section 25; thence easterly along the north boundary of the said legal
subdivision 2 to the northeast corner thereof; thence southerly along the
east boundary of the said legal subdivision to its intersection with the
south boundary of
section 25; thence easterly along the said south boundary
to the southeast corner of the said
section 25; thence southerly along the
east boundary of
section 24 to the point of commencement.
Schedule E is amended by adding the following after the description of
the Allison Day Use/Cross-Country Ski Staging Forest Recreation Area in the
Bow/Crow Forest portion:
Barrier Lake Forest Recreation Area
In Township 24, Range 8, West of the 5th Meridian:
All those portions of the east half of legal subdivision 6 and the
west half of legal subdivision 7 of
section 10 lying to the south and east
of the southeasterly limit of Highway No. 40.
All those portions of the northeast quarter of legal subdivision 7
and the north half of legal subdivision 8 of
section 10 lying to the north
of the Barrier Mountain access road.
All that portion of the south half of the northeast quarter of
section 10 lying to the south and east of Highway No. 40 and to the south
and west of the Barrier Mountain access road.
SAVING AND EXCEPTING
Purpose
EP Plan No.
EP File No.
Area (more or less)
Environmental Sciences Centre
3432 GEN
MLL 820064
3.464 ha (8.56 ac)
Subject to: Easement No. EZE 880724
Jumpingpound Demonstration Forest Forest Recreation Area
In Township 24, Range 6, West of the 5th Meridian:
All that portion of the southwest quarter of
section 8 lying to the
east of the Husky Oil-Moose Mountain Road as shown outlined on a plan on
file in the Department of Environmental Protection as No. 13026 TL (LOC
920365) and to the west of Moose Creek.
Legal subdivision 11 of
section 8.
Legal subdivision 12 of
section 8, excluding that portion lying
generally to the south of Jumpingpound Creek and to the north and west of
Coxhill Creek.
All that portion of legal subdivision 13 of
section 8 lying to the
north and east of Jumpingpound Creek and to the east of the Husky Oil-Moose
Mountain Road.
Legal subdivision 14 of
section 8.
15 Schedules G, H and I are repealed.
------------------------------
Alberta Regulation 109/99
Forests Act
FOREST RECREATION AMENDMENT REGULATION
Filed: May 5, 1999
Made by the Lieutenant Governor in Council (O.C. 200/99) pursuant to
section 46 of the Forests Act.
1 The Forest Recreation Regulation (AR 343/79) is amended by this
Regulation.
Section 15.1 is amended
(
a) in subsection (1) by striking out "subsection (2)" and
substituting "subsections (2) and (2.1)";
(
b) by adding the following after subsection (2):
(2.1) The operation of a four-wheeled off-highway vehicle with
a wheel base of 152.4 centimetres or less and equipped with tires with a
tire pressure of 34.5 kPa or less is permitted within the Upper Clearwater
River Forest Land Use Zone on trails that have been designated for that
purpose by signs or notices posted in the Zone or in accordance with the
written instructions of a forest officer.
(2.2) A person operating an off-highway vehicle described in
subsection (2.1) within the Upper Clearwater River Forest Land Use Zone
shall, at the time of entry into the Zone, obtain a copy of, and comply
with, any written instructions referred to in subsection (2.1) that are
then available.
Schedule D.5 is repealed and the following is substituted:
SCHEDULE D.5
UPPER CLEARWATER RIVER
FOREST LAND USE ZONE
All those parcels or tracts of land, situate, lying and being in the
Province of Alberta, and being composed of:
In unsurveyed Township 32, Range 11, West of the 5th Meridian
The northeast quarter of
Section 9,
Section 10, the west half of
Section 11, Sections 14 and 15, the east half of
Section 16, the north half
of Sections 19, 20 and 21, the southeast quarter of
Section 21, Sections
22, 23 and Sections 26 to 34 inclusive.
Part of the northwest quarter of
Section 9 which lies east of the
Ya-Ha-Tinda Ranch as shown surveyed on plan 1954 GEN.
Part of the south half of legal subdivision 1 of
Section 9 which lies
to the northeast of a creek.
The north half of legal subdivision 1 and legal subdivisions 7 and 8
Section 9 excluding a campsite as authorized under file MLL 930032 and
shown on plan 5352 GEN.
Part of legal subdivision 2 of
Section 9 which lies to the east of a
creek.
Part of the southwest quarter of
Section 9 which lies east of the
Ya-Ha-Tinda Ranch, to the northeast of the northeasterly limit of the
Ya-Ha-Tinda Ranch access road and to the north of the parking lot for the
said campsite.
Part of the southeast quarter of
Section 11 being the bed and shore
of Eagle Lake.
Part of the northeast quarter of
Section 11, northwest quarter of
Section 12 and part of Sections 13, 24, 25, 35 and 36, all of which lie
above the 1800 metre contour line.
Part of the west half of
Section 16 and part of the southwest quarter
Section 21 which lies east of the Ya-Ha-Tinda Ranch.
In unsurveyed Township 33, Range 11, West of the 5th Meridian
Sections 4 to 9 inclusive and Sections 17 to 19 inclusive.
Part of Sections 2, 3, 10, 15, 16, 20, 21, 29, 30 and 31 which lie
above the 1800 metre contour line.
In unsurveyed Township 31, Range 12, West of the 5th Meridian
Part of the northwest quarter of
Section 31 which lies north and west
of the most northerly limit of the access road to Banff National Park.
In unsurveyed Township 32, Range 12, West of the 5th Meridian
Sections 16 to 21 inclusive and Sections 25 to 36 inclusive.
Part of the west half of
Section 6 which lies to the north and west
of the most northerly limit of the access road to Banff National Park west
of the Ya-Ha-Tinda Ranch.
Part of the west half of Sections 7 and 15 and part of the southwest
quarter of
Section 22 which lies west of the Ya-Ha-Tinda Ranch.
The north half of Sections 22, 23 and 24.
In unsurveyed Township 33, Range 12, West of the 5th Meridian
Sections 1 to 35 inclusive and the south half and the northwest
quarter of
Section 36.
Part of the northeast quarter of
section 36 which lies above the 1800
metre contour line.
In unsurveyed Township 34, Range 12, West of the 5th Meridian
Sections 3 to 10 inclusive,
Section 18
Part of Sections 1, 2, 11, 12, 14, 15, 16, 17, 20 and 21 which lie
above the 1800 metre contour line.
Part of
Section 19 which lies to the west of the right bank of Timber
Creek and to the south and west of the right bank of the Clearwater River.
Part of
Section 30 which lies to the south and west of the right bank
of the Clearwater River.
In unsurveyed Township 31, Range 13, West of the 5th Meridian
Part of the west half of
Section 36 which lies to the north of Banff
National Park and north and west of the most northerly limit of the access
trail to Banff National Park.
Part of the northeast quarter of
Section 35 and the northwest quarter
Section 36 which lie to the north of Banff National Park.
In unsurveyed Township 32, Range 13, West of the 5th Meridian
Part of this township which lies to the north and east of Banff
National Park.
In unsurveyed Township 33, Range 13, West of the 5th Meridian
Sections 1 to 36 inclusive.
In unsurveyed Township 34, Range 13, West of the 5th Meridian
Sections 1 to 17 inclusive, Sections 20 to 24 inclusive, the south
half and northwest quarter of
Section 25, the south half and northwest
quarter of
Section 26,
Section 27.
Part of the northeast quarter of
Section 25 which lies to the south
and west of the right bank of the Clearwater River and to the south of an
unnamed tributary to the Clearwater River.
Part of the northeast quarter of
Section 26 and the southwest quarter
Section 36 which lies to the south of an unnamed tributary to the
Clearwater River.
Part of Sections 18 and 19, the east half of
Section 29 and the
southeast quarter of
Section 30 which lie to the south of the height of
land separating the Clearwater River and the Ram River watersheds.
Part of Sections 28, 29, 33 and the northwest quarter of
Section 34
which lie to the south of the height of land separating the Washout Creek
tributary from other unnamed tributaries to the Clearwater River.
Part of Sections 34 and 35 which lie to the south of the height of
land separating two unnamed tributaries to the Clearwater River.
In unsurveyed Township 32, Range 14, West of the 5th Meridian
Part of this township which lies to the north and east of Banff
National Park.
In unsurveyed Township 33, Range 14, West of the 5th Meridian
Part of this township which lies to the north and east of Banff
National Park.
In unsurveyed Township 34, Range 14, West of the 5th Meridian
Sections 1, 2, 3, 4, 10, 11 and 12.
Part of Sections 5, 6, 8, 9, 13, 14, 15 and 16 which lie to the south
of the height of land separating the Clearwater River and the Ram River
watersheds.
In unsurveyed Township 33, Range 15, West of the 5th Meridian
Part of Sections 24, 25 and 26 which lie to the north and east of
Banff National Park.
Part of
Section 35 which lies to the north and east of Banff National
Park and to the south of the height of land separating the Clearwater River
and the Ram River watersheds.
Part of
Section 36 which lies to the south of the height of land
separating the Clearwater River and the Ram River watersheds.
EXCEPTING THEREOUT, in all the above mentioned lands, all mines and
minerals and the right to work the same and the following tracts of land
declared as Forest Recreation Areas pursuant to
section 46 of the Forests
Act; namely:
Upper Clearwater River Staging Forest Recreation Area
Alberta Regulation 110/99
Provincial Offences Procedure Act
PROCEDURES AMENDMENT REGULATION
Filed: May 5, 1999
Made by the Lieutenant Governor in Council (O.C. 201/99) pursuant to
section 41 of the Provincial Offences Procedure Act.
1 The Procedures Regulation (AR 233/89) is amended by this Regulation.
Schedule 2 is amended by adding the following after
PART 4:
PART 4.1
THE REGULATIONS UNDER THE FORESTS ACT
CASTLE SPECIAL MANAGEMENT AREA
FOREST LAND USE ZONE REGULATION
1 The specified penalty payable for a contravention of a provision
of the Castle Special Management Area Forest Land Use Zone Regulation
(Alta. Reg. 49/98) shown in Column 1 is the amount shown in Column 2 in
respect of that provision.
2 An "X" in Column 3 indicates that proceedings in respect of the
offence may be commenced by a violation ticket issued under either
Part 2
Part 3 of the Provincial Offences Procedure Act.
Item Column 1 Column 2 Column 3
Number (Section (Specified (Part2/Part 3
Number of Penalty in Violation
Regulation) Dollars) Ticket)
1 3(b) 50 X
2 4(1) 75 X
Alberta Regulation 111/99
Marketing of Agricultural Products Act
ALBERTA BARLEY PLAN REGULATION
Filed: May 5, 1999
Made by the Lieutenant Governor in Council (O.C. 207/99) pursuant to
section 23 of the Marketing of Agricultural Products Act.
Table of Contents
Definitions 1
Designation of agricultural product 2
Part 1
General Operation of Plan
Division 1
Plan
Plan continued 3
Termination of Plan 4
Application of Plan 5
Purposes of Plan 6
Division 2
Operation of Plan by Commission
Commission continued 7
Functions of the Commission 8
Operation of Plan re regulations 9
Financing of the Plan 10
Service charges refundable 11
Collection of service charges 12
Indemnification fund, etc. 13
Auditor 14
Industry advisory committee 15
Honorary memberships, etc. 16
Part 2
Governance of Plan
Division 1
Eligible Producers
Eligible producers 17
General rights of eligible producers 18
Eligible producers who are individuals 19
Eligible producers that are not individuals 20
Division 2
Regions
Regions 21
Region delegates 22
Region committees 23
Region committee meetings 24
Quorum re region committee meetings 25
Qualifications re region delegates 26
Election of delegates 27
Term of office of delegates 28
Vacancy re delegates 29
Removal of delegate 30
Functions of delegates 31
Election of directors at annual region meeting 32
Failure to elect director at annual region meeting 33
Annual region meeting 34
Special region meeting 35
Financing of general region meetings 36
Calling of general region meetings 37
Quorum re general region meetings 38
Division 3
Commission, Board of Directors and Directors
Board of directors 39
Chair and vice-chair 40
Remuneration 41
Board meetings 42
Quorum re board meetings 43
Qualifications re director 44
Nominations and elections for directors 45
Term of office of directors 46
Removal of director 47
Vacancy re director 48
Annual Commission meetings 49
Special Commission meetings 50
Calling of general Commission meetings 51
Quorum re general Commission meetings 52
Part 3
Voting and Elections
Name must be on current list of eligible producers 53
Eligibility to vote re delegates and directors 54
Eligibility to vote re eligible producers 55
Insufficient attendance for an election 56
Returning officer 57
Controverted election 58
Part 4
Transitional Provisions, Review and Repeal
Transitional re directors, etc. 59
Transitional re delegates' terms of office 60
Review 61
Repeal 62
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "annual Commission meeting" means an annual general meeting of
the directors and the delegates;
(c) "annual region meeting" means an annual general meeting of the
eligible producers who carry out production of the regulated product within
the region;
(d) "barley" means any grain that
(
i) is classified as HORDEUM VULGARE L, and
(ii) is identified as the seed or grain of a cereal
grass grown in Alberta and used for human or animal consumption, for malt,
for commercial purposes or for seed;
(e) "board" means the board of directors of the Commission;
(f) "Commission" means the Alberta Barley Commission;
(g) "Council" means the Alberta Agricultural Products Marketing
Council;
(h) "crop year" means a 12-month period commencing on August 1 and
terminating on the following July 31;
(i) "dealer" means a person purchasing or acquiring regulated
product from a producer and includes, but is not limited to,
(
i) elevator companies, grain companies, grain dealers,
food processors, feed manufacturers and livestock feeders, and
(ii) persons who acquire regulated product from the
producer for sale on the producer's behalf;
(j) "delegates" means the delegates of the Commission;
(k) "directors" means the directors of the Commission;
(l) "eligible producer" means a producer who qualifies as an
eligible producer under
section 17;
(m) "marketing"
(
i) means buying, owning, selling, offering for sale,
storing, grading, assembling, packing, transporting, advertising or
financing, and
(ii) includes any other function or activity designated
as marketing by the Lieutenant Governor in Council;
(n) "official Commission newsletter" means the newsletter that is
published by the Commission;
(o) "person" means a person as defined in the
Interpretation Act
and includes
(
i) a partnership as defined in the Partnership Act,
(ii) any unincorporated organization that is not a
partnership referred to in subclause (i), and
(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);
(p) "producer" means a person who
(
i) grows barley for sale on one or more parcels of
land in Alberta, or
(ii) is entitled to a share of the barley grown on any
land in Alberta pursuant to a crop share arrangement;
(q) "regulated product" means barley;
(r) "special Commission meeting" means a special general meeting
(
i) of the directors and the delegates, and
(ii) where directed by the board, of the eligible
producers.
Designation of agricultural product
2 Barley is designated as an agricultural product for the purposes of the
Act.
PART 1
GENERAL OPERATION OF PLAN
Division 1
Plan
Plan continued
3 The Alberta Barley Plan established under the Alberta Barley Plan
Regulation (AR 216/91) is hereby amended, revised and continued under this
Regulation with the name "Alberta Barley Plan".
Termination of Plan
4 This Plan does not terminate at the conclusion of a specific period of
time and remains in force unless otherwise terminated pursuant to the Act.
Application of Plan
5 This Plan applies
(
a) to all of Alberta,
(
b) to all producers in Alberta who produce or market the regulated
product, and
(
c) for the purposes of sections 9(a), (b), (
c) and (
f) and 12,
(
i) to dealers, and
(ii) to any persons who are not producers or dealers and
who market or process the regulated product.
Purposes of Plan
6(1) The purposes of this Plan are to do the following:
(
a) to initiate, conduct and carry on research and studies with
respect to the production, handling, marketing and processing of the
regulated product, including research and studies concerning the
development and use of the regulated product;
(
b) to assist, educate and inform producers, dealers and processors
in developing and improving methods regarding the production, processing
and marketing of the regulated product;
(
c) to initiate and carry out advertising programs, sales promotion
programs and consumer education programs to expand the market awareness and
demand for the regulated product, both within Alberta and in export
markets;
(
d) to assist generally in the development and promotion of the
barley industry in Alberta, including the development and promotion of
export markets for the regulated product;
(
e) to advise governments on matters concerning the barley
industry;
of Alberta with respect to the maintenance of the quality of the regulated
product;
(
g) to co-operate with co-operatives, corporations, grower
associations, marketing commissions and marketing boards located in Alberta
and other provinces of Canada that have objectives similar to those of the
Commission;
(
h) to participate in programs under the Advance Payments for Crops
Act (Canada);
(
i) to participate in and initiate programs pertaining to soil
conservation, crop rotation, pesticide use, soil degradation and similar
matters;
(
j) generally to initiate and carry out projects and programs to
stimulate, increase or improve the production or marketing, or both, of the
regulated product within Alberta.
(2) Under this Plan neither the production nor the marketing of the
regulated product is to be controlled or regulated.
Division 2
Operation of Plan by Commission
Commission continued
7 The Alberta Barley Commission is hereby continued.
Functions of the Commission
8 The Commission
(
a) is, subject to the Act, responsible for the operation,
regulation, supervision and enforcement of this Plan;
(
b) must
(
i) open and maintain one or more accounts in a bank,
trust company, credit union, treasury branch or other depository,
(ii) designate those officers, employees and other
persons as are necessary to sign cheques and other negotiable instruments
and to transact the Commission's business with its bank, trust company,
credit union, treasury branch or other depository, and
(iii) generally do all things incidental to or in
connection with the transaction of the business of the Commission with its
bank, trust company, credit union, treasury branch or other depository;
(
c) may
(
i) enter into an operating line of credit or other
loan agreement with its bank, trust company, credit union, treasury branch
or other lending institution, and
(ii) designate such officers, employees and other
persons as are necessary to transact the Commission's business;
(
d) must maintain such books and records, including financial
records,
(
i) as from time to time may be required under the Act,
the regulations or by virtue of any order of the Council, or
(ii) as may be determined by the board;
(
e) must maintain an office, the location of which, at all times,
is to be made known to the Council and to each eligible producer and
dealer;
(
f) may appoint officers, employees and agents, prescribe their
duties and fix and pay their remuneration;
(
g) may, subject to the Act, the regulations and any orders of the
Council, issue such general orders governing the Commission's internal
operation as the board may from time to time determine;
(
h) may become a member of, elect or appoint individuals to sit as
members of and contribute funds to any task force, committee, group,
organization or person when that membership, election, appointment or
contribution will, in the opinion of the board, further the purposes of
this Plan and the objects of the Commission;
(
i) may, in accordance with
section 50 of the Act, be authorized to
perform any function or duty and exercise any power imposed or conferred on
the Commission by or under the Agricultural Marketing Programs Act (Canada)
or any Canada Act.
Operation of Plan re regulations
9 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 any person who produces, markets or processes the
regulated product to furnish to the Commission any information or record
relating to the production, marketing or processing of the regulated
product that the Commission considers necessary;
(
b) requiring persons other than producers to be licensed under
this Plan before they become engaged in the marketing and processing, or
either of those functions, of the regulated product;
(
c) governing the issuance, suspension or cancellation of a licence
issued under this Plan;
(
d) providing for
(
i) the assessment, charging and collection of service
charges from producers from time to time for the purposes of the Plan, and
(ii) the taking of legal action to enforce payment of
the service charges;
(
e) providing for the refund of service charges;
(
f) requiring any person who receives the 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;
(
g) 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.
Financing of the Plan
10 In accordance with the regulations,
(
a) this Plan is to be financed
(
i) by the charging and collection of service charges
from producers, and
(ii) by any other money payable to or received or
accrued by the Commission;
(
b) the Commission may, from time to time, change the amount of the
service charge, but the change shall not be effective until it has been
approved by a majority of the directors and delegates present at an annual
Commission meeting or a special Commission meeting.
Service charges refundable
11(1) In accordance with the regulations,
(
a) the service charge is refundable to a producer on request of
the producer;
(
b) requests for refunds must be received by the Commission at its
head office within 6 months from the end of the month in which the
deduction of the service charge was made;
(
c) any request for a refund that is not received by the Commission
within the time period specified under clause (
b) shall not be considered
by the Commission and the producer will not be entitled to a refund in
respect of the service charge in question except in a case where the
Commission considers that extenuating circumstances exist;
(
d) the Commission must refund the service charge to the producer
within 120 days from the day that the request for a refund of the service
charge is received, if the request complies with the regulations.
(2) In the event that within one crop year
(
a) the eligible producers requesting a refund of the service
charges comprise more than 35% of the existing eligible producers, and
(
b) those eligible producers requesting a refund account for at
least 35% of the service charges collected during the current crop year,
the continued operation of this Plan is to be subject to the approval of a
majority of producers at a plebiscite to be held under the direction of the
Council pursuant to the Act.
(3) The Commission must, within 150 days following the end of a crop year,
report to the Council the refunds made under this
section for that crop
year.
Collection of service charges
12 In accordance with the regulations,
(
a) all dealers who
(
i) purchase regulated product from a producer, or
(ii) acquire regulated product from a producer for sale
on the producer's behalf
must deduct from any proceeds payable to or on behalf of the
producer the amount of the service charge;
(
b) any person who receives proceeds on behalf of the producer in
respect of the sale by the producer of regulated product must deduct from
the proceeds payable to or on behalf of the producer the amount of the
service charge;
(
c) any person who collects a service charge must pay the amount of
the service charge to the Commission;
(
d) all persons required under this Plan to collect and pay to the
Commission the service charge payable by a producer must
(
i) pay the service charge to the Commission, and
(ii) provide to the producer in respect of whom the
deduction was made a statement, cheque stub or other document that sets
forth
(
A) the amount of the service charge that
was deducted,
(
B) the name and address of the person
making the deduction, and
(
C) the date of the transaction in respect
of which the deduction was made.
Indemnifica-tion fund, etc.
13 The Commission shall not establish a fund under
section 34 or 35 of
the Act.
Auditor
14 The auditor for the Commission is to be appointed from time to time at
an annual Commission meeting or a special Commission meeting.
Industry advisory committee
15 In accordance with
section 32 of the Act, the Commission may establish
an industry advisory committee.
Honorary memberships, etc.
16 The Commission may establish non-voting associate, industry, affiliate
or honorary memberships under this Plan to provide interested individuals
or organizations with the opportunity to contribute to the efforts of the
Commission.
PART 2
GOVERNANCE OF PLAN
Division 1
Eligible Producers
Eligible producers
17 For the purposes of this Plan,
(
a) any producer who has paid a service charge under this Plan in a
crop year is an eligible producer for that crop year;
(
b) the Commission must maintain a list of eligible producers;
(
c) all producers who can be identified by the Commission as having
paid a service charge under this Plan during a crop year are to be included
on the list of eligible producers for that crop year;
(
d) any producer who is not listed on the Commission's list of
eligible producers must be added to the list where the producer can provide
proof to the Commission that the producer has paid a service charge under
this Plan in the crop year for which the application is made;
(
e) once a producer is listed with the Commission as an eligible
producer, the producer continues to be an eligible producer from crop year
to crop year, unless the eligible producer ceases to pay a service charge
under this Plan in 2 subsequent crop years, in which case the producer
ceases to be an eligible producer;
(
f) where a producer ceases to be an eligible producer under clause
(e), the producer is entitled to again become an eligible producer for any
crop year in which the producer pays a service charge under this Plan;
(
g) producers may make voluntary payments and the service charge
will be based on production for those producers who do not sell the
regulated product produced by the producer if there is evidence of
production of the regulated product.
General rights of eligible producers
18 In accordance with and subject to this Plan, an eligible producer is
entitled as a matter of right
(
a) to attend any annual region meeting and any special region
meeting held for the region in which the eligible producer carries on
production of the regulated product;
(
b) to make representations on any matter pertaining to this Plan
and the operation of the Commission and the board;
(
c) to vote on any matter under this Plan at any meeting of
eligible producers at which a vote is held for the region in which the
eligible producer carries on production of the regulated product;
(
d) to vote in any election for delegates, region directors or
directors at large at any meeting of eligible producers at which an
election is held for the region in which the eligible producer carries on
production of the regulated product;
(
e) if elected or appointed pursuant to
section 27, to hold office
as a delegate for the region in which the eligible producer carries on
production of the regulated product;
(
f) if elected pursuant to
section 32 or appointed pursuant to
section 48, to hold office as a region director or director at large for
the region in which the eligible producer carries on production of the
regulated product;
(
g) to vote in any plebiscites of producers held under the Act.
Eligible producers who are individuals
19(1) Where an eligible producer is an individual, that individual may,
subject to this Plan, exercise the rights of an eligible producer referred
to in
section 18.
(2) Notwithstanding anything in this Plan, an eligible producer who is an
individual may be represented by an agent.
(3) An agent shall not cast a vote under this Plan unless
(
a) the agent presents a valid proxy signed by the eligible
producer indicating the name of the person who may vote for the eligible
producer, or
(
b) the agent makes a statutory declaration in writing stating that
(
i) the person is an agent of the eligible producer,
and
(ii) neither that person nor, to the best of that
person's knowledge, the eligible producer has previously voted in the
election or on the matter in respect of which the agent wishes to cast a
vote.
(4) A statutory declaration made under subsection (3)(
b) must be made in
writing before the returning officer or the deputy returning officer prior
to the vote being cast.
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 must appoint an
individual to be the representative of the eligible producer.
(3) A representative appointed by an eligible producer under this
section
is, subject to this Plan, to exercise on behalf of the eligible producer
the rights referred to in
section 18.
(4) If an eligible producer is
(
a) a corporation, it must appoint an individual who is a director,
shareholder, member, officer or employee of the corporation as its
representative,
(
b) a partnership, it must 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
must appoint an individual who is a member, officer or employee of the
organization as its representative.
(5) An appointment of a representative under this
section must be
(
a) in writing, and
(
b) in the case where a vote is to be taken at a meeting, filed
with the returning officer prior to the calling to order of the meeting at
which a vote is to take place.
(6) An individual who is the representative of an eligible producer shall
not cast a vote under this Plan unless
(
a) the individual presents a document signed by the eligible
producer indicating the name of the person who may vote for the eligible
producer, or
(
b) the individual makes a statutory declaration in writing stating
that
(
i) the individual is a representative of the eligible
producer, and
(ii) the individual has not previously voted in the
election or on the matter in respect of which the individual wishes to cast
a vote.
(7) A statutory declaration made under subsection (6)(
b) must be made in
writing before the returning officer or the deputy returning officer prior
to the vote being cast.
(8) An individual cannot at any one time be a representative under this
section for more than one eligible producer.
(9) A representative shall not vote or hold office before the
representative's appointment is filed in accordance with subsection (5).
Division 2
Regions
Regions
21(1) For the purpose of this Plan, Alberta is divided into 6 regions.
(2) The area included in each region is as set out in the
Schedule to this
Plan.
(3) For the purposes of
(
a) altering the area that is included within a region, or
(
b) increasing or decreasing the number of regions,
the Commission may, in accordance with
Part 3 of the Act, apply to amend
this Plan.
Region delegates
22(1) Each region is to be represented by delegates elected in accordance
with
section 27.
(2) The number of delegates to represent a region is
(a) 6 delegates, in the case of region 1;
(b) 8 delegates, in the case of region 2;
(c) 7 delegates, in the case of region 3;
(d) 3 delegates, in the case of region 4;
(e) 5 delegates, in the case of region 5;
(f) 3 delegates, in the case of region 6.
Region committees
23(1) The delegates for a region and the director for the region form the
region committee for that region.
(2) The director for a region is the chair of the region committee.
Region committee meetings
24 Delegates must conduct region committee meetings
(
a) at the call of the chair of the region committee, or
(
b) at the request of the board.
Quorum re region committee meetings
25 The quorum for a region committee meeting is a majority of the
delegates within the region then holding office.
Qualifications re region delegates
26 A region delegate must
(
a) be an eligible producer, and
(
b) carry on production of the regulated product in the region that
the region delegate is elected to represent.
Election of delegates
27(1) At the region's annual region meeting the eligible producers in each
region are to elect a minimum of 3 delegates to represent the eligible
producers from that region.
(2) Where no more than the required number of eligible producers have been
nominated to fill the required number of positions of delegates for a
region, the returning officer must declare the eligible producers nominated
as being elected by acclamation.
(3) Where less than the required number of delegates have been declared
elected by acclamation, the delegates in each region who have been declared
elected are, subject to the approval of the board, to appoint eligible
producers, who are eligible to be elected as delegates, to the remaining
delegate positions and the eligible producers so appointed hold office as
if elected.
Term of office of delegates
28(1) Each delegate is to be elected for a term of 2 years.
(2) The term of office of a delegate
(
a) commences on the conclusion of the annual region meeting at
which the delegate was elected, and
(
b) expires on the conclusion of the annual region meeting that
takes place in the year that the delegate's term of office is to expire.
(3) An eligible producer shall not serve for more than 3 consecutive
2-year terms as a delegate.
(4) If an eligible producer serves for 3 consecutive terms as a delegate,
that eligible producer is not eligible to serve again as a delegate until
one year has expired following the expiry of that eligible producer's last
term of office as a delegate.
(5) For the purposes of determining the number of consecutive terms that
an eligible producer may serve as a delegate, the unexpired term of office
served by a delegate who is appointed pursuant to
section 29 is not
considered to be a term of office.
Vacancy re delegates
29(1) If a delegate ceases to hold office before the expiry of that
delegate's term of office, the remaining delegates from that region are,
subject to the approval of the board, to appoint another eligible producer,
who is eligible to be elected as a delegate, as a delegate to replace the
delegate who ceased to hold office.
(2) Where a person is appointed as a delegate under subsection (1), that
person is to serve for the unexpired portion of that term of office.
Removal of delegate
30(1) At an annual region meeting or special region meeting, the eligible
producers within the region may, by means of a motion to remove a delegate
from office passed by a majority of eligible producers entitled to vote at
that meeting, remove a delegate from office.
(2) Where a delegate ceases to be an eligible producer or a representative
of an eligible producer during that person's term of office, that person,
unless the person sooner resigns, ceases to be a delegate.
Functions of delegates
31 In addition to what an eligible producer may do under this Plan, a
delegate may
(
a) attend any annual Commission meeting and any special Commission
meeting;
(
b) make representations on any matter pertaining to this Plan or
the operation of the Commission and the board;
(
c) vote on each matter put to the question;
(
d) vote on any matter under this Plan;
(
e) be appointed by the directors to sit as a member of a committee
established by the board;
(
f) be appointed by the board to represent the Commission on any
task force, committee, group or organization of which the Commission is a
member.
Election of directors at annual region meeting
32(1) The election of a director to represent a region is to be carried
out by means of a vote conducted at the annual region meeting of the
eligible producers in attendance at that meeting who are eligible to vote
in an election.
(2) The election of a director at large is to be carried out by means of a
vote conducted at each annual region meeting by a vote of the eligible
producers in attendance at that meeting who are eligible to vote in that
election and the candidate receiving the largest total number of votes from
all the regions is to be declared elected as the director at large at the
next annual Commission meeting that is held after all the annual region
meetings are completed.
Failure to elect director at annual region meeting
33(1) If the eligible producers in a region fail to elect a director at
the annual region meeting, the election of a director for that region may
be carried out at the next annual Commission meeting that is held after the
time at which the election was to have been held at the annual region
meeting.
(2) Where an election is to be held pursuant to this section, nominations
may be received
(
a) prior to the annual Commission meeting, or
(
b) from the floor at the annual Commission meeting.
Annual region meeting
34(1) The Commission must, before the commencement of the annual
Commission meeting, hold an annual region meeting of the eligible producers
who carry on production of the regulated product within the region.
(2) At the annual region meetings, the eligible producers in the region
are to be provided with
(
a) information with respect to the Commission and the board,
(
b) an opportunity to provide to the board suggestions and
recommendations, and
(
c) an opportunity, when necessary, to conduct elections.
Special region meeting
35 The Commission
(
a) must hold a special region meeting of the eligible producers
who carry on production of the regulated product within the region on the
written request of the directors, or
(
b) may hold a special region meeting of the eligible producers
within that region when the region committee is of the opinion that
circumstances warrant the holding of a special region meeting.
Financing of general region meetings
36 The annual region meeting and any special region meeting are to be
organized and financed by the Commission.
Calling of general region meetings
37(1) The time, place and day of any annual region meeting and of any
special region meeting is to be set by the Commission.
(2) The Commission must publish a notice of any annual region meeting and
of any special region meeting
(
a) in the official Commission newsletter, or
(
b) in a newspaper having general circulation within the region.
(3) Notwithstanding subsection (2), the Commission may publish or
otherwise publicize notice of a meeting in any other manner that the
Commission determines.
(4) A notice of a meeting must set forth the time, location, day and
purpose of the meeting.
Quorum re general region meetings
38 The quorum for an annual region meeting or a special region meeting is
not fewer than 10 of the eligible producers who carry on production of the
regulated product within the region in respect of which the meeting is
being conducted.
Division 3
Commission, Board of Directors and Directors
Board of directors
39 The Commission consists of a board of directors made up of
(a) 6 directors, with one director being elected from each of the
regions to represent the region from which the director is elected, and
(b) 3 directors to be elected at large.
Chair and vice-chair
40 The directors at their first board meeting following the election of
the directors to the board are to elect from the directors
(
a) a chair of the Commission, and
(
b) a vice-chair of the Commission.
Remuneration
41 The remuneration to be paid to the directors may be fixed from time to
time by delegates at an annual Commission meeting or a special Commission
meeting.
Board meetings
42 The board may, at the call of the chair or of not fewer than 3
directors, conduct meetings of the board.
Quorum re board meetings
43(1) The quorum for a meeting of the board is a majority of the
directors.
(2) In determining a quorum under subsection (1), a vacant director's
position on the board is not to be considered.
Qualifications re director
44(1) To be eligible for election as a director to represent a region, an
eligible producer must carry on production of the regulated product in that
region.
(2) To be eligible for election as a director at large, an eligible
producer must carry on production of the regulated product in Alberta.
(3) Not more than 2 directors may carry on production in the same region.
Nominations and elections for directors
45(1) The Commission is to solicit nominations for the position of
director at large and of director for each region from which a director is
required to be elected
(
a) by publishing a notice in the official Commission newsletter,
(
b) by publishing a notice in a newspaper having general
circulation within the region, or
(
c) by such other means as the Commission may determine.
(2) Nominations for the position of director must be
(
a) filed at the Commission's head office in writing by a date
fixed by the Commission,
(
b) in the case of a director at large, signed by at least 10
eligible producers who carry on production in Alberta,
(
c) in the case of a director for a region, signed by at least 10
eligible producers who carry on production in the region in which the
election is to be held, and
(
d) accompanied by the written consent of the eligible producer
nominated as a director.
(3) The elections for directors are to be carried out pursuant to sections
32 and 33.
Term of office of directors
46(1) Each director is to be elected for a term of 3 years.
(2) The term of office of a director
(
a) in the case of a director at large,
(
i) commences on the conclusion of the annual
Commission meeting that takes place at which the director was declared
elected, and
(ii) expires on the conclusion of the annual Commission
meeting that takes place in the year that the director's term of office is
to expire;
(
b) in the case of a director to represent a region,
(
i) commences on the conclusion of the annual region
meeting at which the director was elected, and
(ii) expires on the conclusion of the annual region
meeting that takes place in the year that the director's term of office is
to expire.
(3) An eligible producer shall not serve for more than 2 consecutive
3-year terms as a director.
(4) If an eligible producer serves for 2 consecutive terms as a director,
that eligible producer is not eligible to serve again as a director until
one year has expired following the expiry of that eligible producer's last
term of office as a director.
Removal of director
47 Where a director
(
a) ceases to be an eligible producer or a representative of an
eligible producer during that person's term of office, that person, unless
the person sooner resigns, ceases to be a director of the Commission, or
(
b) is absent from 3 consecutive meetings of the board, without
reasons that the board considers adequate, that person's position on the
board is deemed to be vacant on the conclusion of the 3rd consecutive
meeting from which that person was absent.
Vacancy re director
48(1) If a vacancy occurs on the board, the board may, with the approval
of the Council, appoint another eligible producer, who is eligible to be
elected as a director, to fill that vacancy.
(2) Where a person is appointed as a director under subsection (1), that
person is to serve for the unexpired portion of the term.
Annual Commission meetings
49(1) An annual Commission meeting must be held
(
a) once in each year, and
(
b) within 13 months following the date of the commencement of the
last annual Commission meeting.
(2) At the annual Commission meeting, the directors and the delegates
(
a) are to receive and to be provided with an opportunity to
consider and discuss the annual reports of the Commission and the operation
of the Commission since the last annual Commission meeting,
(
b) are to receive and to be provided with an opportunity to
consider and discuss the annual reports of any committees appointed by the
Commission,
(
c) are to receive and to be provided with an opportunity to
consider and discuss the auditor's annual financial statement and report,
(
d) are to appoint an auditor for the Commission for the coming
year, and
(
e) are to be provided with an opportunity to discuss and formulate
the policies to assist the board in carrying out its general duties under
this Plan and in carrying out the powers and duties vested in the
Commission.
Special Commission meetings
50 Special Commission meetings of the directors and delegates or of the
eligible producers
(
a) may be called by the board, and
(
b) must be called by the board on the written request
(
i) of the Council,
(ii) of 50% or more of the delegates, or
(iii) of 10% or more of the eligible producers.
Calling of general Commission meetings
51(1) The time, place and day of any annual Commission meeting and of any
special Commission meeting is to be set by the Commission.
(2) The Commission must publish a notice of an annual Commission meeting
and of a special Commission meeting
(
a) for the purposes of notifying the eligible producers, in the
official Commission newsletter, and
(
b) for the purposes of notifying the delegates, by
(
i) ordinary mail sent to the delegate's last address
shown on the records of the Commission, or
(ii) facsimile, e-mail or other electronic means sent to
the delegate's last electronic address shown on the records of the
Commission.
(3) Notwithstanding subsection (2), the Commission may publish or
otherwise publicize notice of a meeting in any other manner that the
Commission determines.
(4) A notice of a meeting must set forth the time, location, day and
purpose of the meeting.
Quorum re general Commission meetings
52(1) The quorum for an annual Commission meeting or a special Commission
meeting is not fewer than 25 persons.
(2) For the purposes of determining a quorum under this section, a person
referred to in subsection (1) must be either a delegate or a director.
PART 3
VOTING AND ELECTIONS
Name must be on current list of eligible producers
53 Where an eligible producer is entitled to vote under this Plan, the
eligible producer shall not cast a vote unless the eligible producer's name
appears on the current list of eligible producers.
Eligibility to vote re delegates and directors
54(1) Every delegate and director is eligible to vote on any question put
to a vote at an annual Commission meeting or a special Commission meeting
if the delegate or director, as the case may be, is present at the meeting
at which the vote is held.
(2) Unless an eligible producer is a delegate or a director, that eligible
producer is not entitled to vote on any question put to a vote at an annual
Commission meeting or a special Commission meeting.
(3) Notwithstanding subsection (2), an eligible producer who is not a
delegate or a director may, if so directed by the board, vote on a question
put to a vote at a special Commission meeting if the eligible producer is
present at the meeting at which the vote is held.
Eligibility to vote re eligible producers
55(1) An eligible producer is eligible to vote in an election for a
delegate and on any question put to a vote at an annual region meeting or a
special region meeting if the eligible producer
(
a) carries on production of the regulated product in the region,
and
(
b) is present at the meeting at which the vote is held.
(2) An eligible producer is eligible to vote in an election for a director
if,
(
a) in the case of an election of a director to represent a region,
the eligible producer carries on production in the region for which the
election is taking place and is present at the meeting at which the
election is being held, and
(
b) in the case of an election of a director at large, the eligible
producer carries on production in Alberta and is present at the meeting at
which the election is being held.
(3) Neither
(
a) an eligible producer, nor
(
b) an agent of an eligible producer provided for under
section 19,
may vote more than once on each matter notwithstanding that the eligible
producer or the agent may manage or operate or own, lease or hold equity in
2 or more operations.
Insufficient attendance for an election
56(1) If an election is held under this Plan and there is in attendance at
the meeting at which the election is held an insufficient number of persons
who are eligible to vote at the election,
(
a) the election is void, and
(
b) the position for which the election was held is vacant.
(2) Notwithstanding that a position is vacant under subsection (1), the
term of office of the position is deemed to have commenced as if a person
had been elected to the position.
(3) If a position is vacant under subsection (1), the Council is to fill
the position by appointing, from persons eligible to be elected to that
position, a person to fill that position.
(4) A person appointed under subsection (3) is to serve for the unexpired
portion of the term that runs to the next annual Commission meeting
following the person's appointment, at which time
(
a) the person ceases to hold office, and
(
b) an election is to be held to fill the office for the unexpired
portion, if any, of the term of the vacant position.
Returning officer
57(1) The Commission must appoint a returning officer for the purposes of
and in connection with any election or vote taken under this Plan.
(2) The returning officer may appoint individuals as deputy returning
officers to assist in the conduct of elections and votes under this Plan.
(3) The returning officer
(
a) must compile and maintain a voters list of eligible producers
who are entitled to vote under this Plan,
(
b) is to ensure that a person does not cast a vote, except in
accordance with this Plan, and
(
c) must permit scrutiny of the actions of the returning officer
and the deputy returning officers by a scrutineer in respect of the conduct
of an election or a vote taken under this Plan.
(4) Unless otherwise directed by the Council, no person shall destroy any
records or ballots in respect of a vote or election held under this Plan
until 90 days have elapsed from the day on which the vote was taken.
Controverted election
58(1) If an eligible producer
(
a) questions
(
i) the eligibility of a candidate,
(ii) the eligibility of a voter,
(iii) any matter relating to a ballot or the tabulation
of ballots, or
(iv) any other irregularity with respect to the conduct
of an election,
and
(
b) seeks to have the election declared invalid and the position
declared vacant,
that person may, not later than 15 days after the day on which the election
was held, apply in writing to the Council to have the election declared
invalid and the position declared vacant.
(2) If, within the 15-day period referred to in subsection (1), the
Council has not received an application under subsection (1), a person
elected at that election is deemed to be duly elected.
(3) On receipt of an application under subsection (1), the Council must
consider the matter and may
(
a) declare the election to be proper and the position filled, if,
in the opinion of the Council, there is no basis for the application,
(
b) declare the election to be proper and the position filled,
notwithstanding that there is a basis for the application, if, in the
opinion of the Council,
(
i) the basis for the application did not materially
affect the result of the election, and
(ii) the election was conducted substantially in
accordance with this Plan and the Act,
(
c) declare the election to be void and the position vacant, if, in
the opinion of the Council, there is a basis for the application and the
basis is sufficient to, or did, affect the result of the election.
(4) Notwithstanding that an election is declared void and a position is
declared vacant under subsection (3)(c), the term of office of the position
declared vacant is nevertheless deemed to have commenced on the day that
the voided election was held.
(5) If the Council declares an election to be void and the position
vacant, the Council may
(
a) order that, within the time that the Council considers proper,
a special Commission meeting be held and an election be conducted to fill
the vacant position, or
(
b) appoint from among the eligible producers who are eligible to
be elected to the position an individual to fill the vacant position.
(6) Where a person fills a position under subsection (5), the person is to
serve for the unexpired portion of the term.
PART 4
TRANSITIONAL PROVISIONS, REVIEW AND REPEAL
Transitional re directors, etc.
59 The directors of the Commission who held office immediately before the
coming into force of this Regulation continue to hold office until their
terms of office expire, or their successors to the positions are sooner
elected or they are replaced under this Regulation.
Transitional re delegates' terms of office
60 Notwithstanding
section 28(1), (2) and (3), in the case of the initial
terms of the delegates who are elected after this Regulation comes into
force,
(a) 3 of the 6 delegates elected to represent region 1 are to be
elected for a period of one year;
(b) 4 of the 8 delegates elected to represent region 2 are to be
elected for a period of one year;
(c) 4 of the 7 delegates elected to represent region 3 are to be
elected for a period of one year;
(d) 2 of the 3 delegates elected to represent region 4 are to be
elected for a period of one year;
(e) 3 of the 5 delegates elected to represent region 5 are to be
elected for a period of one year;
(f) 2 of the 3 delegates elected to represent region 6 are to be
elected for a period of one year.
Review
61 In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before January 31, 2004.
Repeal
62 The Alberta Barley Plan Regulation (AR 216/91) is repealed.
SCHEDULE
REGIONS
1 Region 1 is made up of the area that is included in the following:
(
a) County of Newell No. 4;
(
b) County of Warner No. 5;
(
c) County of Forty Mile No. 8;
(
d) County of Lethbridge No. 26;
(
e) Cypress County;
(
f) Municipal District of Cardston No. 6;
(
g) Municipal District of Pincher Creek No. 9;
(
h) Municipal District of Taber No. 14;
(
i) Municipal District of Willow Creek No. 26;
(
j) any city, town or village that is encompassed by the area
described in clauses (
a) to (i).
2 Region 2 is made up of the area that is included in the following:
(
a) Vulcan County;
(
b) Wheatland County;
(
c) Mountain View County;
(
d) Municipal District of Foothills No. 31;
(
e) Municipal District of Rocky View No. 44;
(
f) Starland County;
(
g) Kneehill County;
(
h) Special Area No. 2;
(
i) Special Area No. 3;
(
j) Special Area No. 4;
(
k) Municipal District of Acadia No. 34;
(
l) Municipal District of Bighorn No. 8;
(
m) Municipal District of Ranchland No. 66;
(
n) any city, town or village that is encompassed by the area
described in clauses (
a) to (m).
3 Region 3 is made up of the area that is included in the following:
(
a) County of Ponoka No. 3;
(
b) County of Stettler No. 6;
(
c) Lacombe County;
(
d) County of Paintearth No. 18;
(
e) County of Red Deer No. 23;
(
f) Flagstaff County;
(
g) Municipal District of Clearwater No. 99;
(
h) Municipal District of Provost No. 52;
(
i) Municipal District of Wainwright No. 61;
(
j) any city, town or village that is encompassed by the area
described in clauses (
a) to (i).
4 Region 4 is made up of the area that is included in the following:
(
a) County of Beaver No. 9;
(
b) County of Smoky Lake No. 13;
(
c) County of St. Paul No. 19;
(
d) County of Camrose No. 22;
(
e) County of Vermilion River No. 24;
(
f) County of Lamont No. 30;
(
g) Municipal District of Bonnyville No. 87;
(
h) Lakeland County;
(
i) County of Minburn No. 27;
(
j) County of Two Hills No. 21;
(
k) any city, town or village that is encompassed by the area
described in clauses (
a) to (j).
5 Region 5 is made up of the area that is included in the following:
(
a) County of Thorhild No. 7;
(
b) County of Wetaskiwin No. 10;
(
c) County of Barrhead No. 11;
(
d) County of Athabasca No. 12;
(
e) Strathcona County;
(
f) County of Leduc No. 25;
(
g) Lac Ste. Anne County;
(
h) Parkland County;
(
i) Sturgeon County;
(
j) Westlock County;
(
k) Yellowhead County;
(
l) Woodlands County;
(
m) Municipal District of Brazeau No. 77;
(
n) any city, town or village that is encompassed by the area
described in clauses (
a) to (m).
6 Region 6 is made up of the area that is included in the following:
(
a) County of Grande Prairie No. 1;
(
b) Municipal District of Smoky River No. 130;
(
c) Municipal District of Spirit River No. 133;
(
d) Municipal District of Peace No. 135;
(
e) Municipal District of Fairview No. 136;
(
f) Municipal District of Greenview No. 16;
(
g) Municipal District of Big Lakes No. 125;
(
h) Birch Hills County;
(
i) Municipal District of Saddle Hills No. 20;
(
j) Municipal District of Clear Hills No. 21;
(
k) Municipal District of Northern Lights No. 22;
(
l) Municipal District of Mackenzie No. 23;
(
m) Municipal District of East Peace No. 131;
(
n) Municipal District of Lesser Slave River No. 124;
(
o) Municipal District of Opportunity No. 17;
(
p) any city, town or village that is encompassed by the area
described in clauses (
a) to (o).
------------------------------
Alberta Regulation 112/99
Marketing of Agricultural Products Act
ALBERTA WINTER WHEAT PRODUCERS MARKETING
PLAN REGULATION
Filed: May 5, 1999
Made by the Lieutenant Governor in Council (O.C. 208/99) pursuant to
section 23 of the Marketing of Agricultural Products Act.
Table of Contents
Definitions 1
Designation of agricultural product 2
Part 1
General Operation of Plan
Division 1
Plan
Plan continued 3
Termination of Plan 4
Application of Plan 5
Purpose of Plan 6
Division 2
Operation of Plan by Commission
Commission continued 7
Functions of Commission 8
Operation of Plan re regulations 9
Financing of Plan 10
Service charges refundable 11
Collection of service charge 12
Auditor 13
Indemnification fund 14
Honorary memberships, etc. 15
Part 2
Governance of Plan
Division 1
Producers
Eligible producers 16
General rights of producers 17
Producers who are individuals 18
Producers that are not individuals 19
Division 2
Regions
Regions 20
Regions set out in
Schedule 21
Annual region meeting 22
Quorum 23
Division 3
Board of Directors of the Commission
Board of directors 24
Responsibilities of the board of directors 25
Chair and other officers 26
Term of office of directors 27
Removal from office 28
Eligibility re director 29
Quorum 30
Division 4
General Producer Meetings of the Commission
Annual Commission meetings 31
Special Commission meetings 32
Calling of general meetings 33
Quorum 34
Part 3
Voting and Elections
Election of directors 35
Failure to elect by mail ballot 36
Eligibility to vote 37
Must be on list of eligible producers 38
Returning officer 39
Controverted election 40
Part 4
Transitional Provision, Review and Repeal
Transitional re directors 41
Review 42
Repeal 43
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "annual Commission meeting" means an annual general meeting of
the directors and the eligible producers;
(c) "annual region meeting" means an annual general meeting of the
eligible producers who carry out production of the regulated product within
the region;
(d) "board" means the board of directors of the Commission;
(e) "Commission" means the Alberta Winter Wheat Producers
Commission;
(f) "Council" means the Alberta Agricultural Products Marketing
Council;
(g) "crop year" means a 12-month period commencing on August 1 and
terminating on the following July 31;
(h) "dealer" means a person purchasing or acquiring regulated
product from a producer and includes, but is not limited to,
(
i) elevator companies, grain companies, grain
dealers, processors, feed manufacturers, livestock feeders and producer car
shippers, and
(ii) persons who acquire regulated product from the
producer for sale on the producer's behalf;
(i) "directors" means the directors of the Commission;
(j) "eligible producer" means a producer who qualifies as an
eligible producer under
section 16;
(k) "marketing"
(
i) means buying, owning, selling, offering for sale,
storing, grading, assembling, packing, transporting, advertising or
financing, and
(ii) includes any other function or activity designated
as marketing by the Lieutenant Governor in Council;
(l) "person" means a person as defined in the
Interpretation Act
and includes
(
i) a partnership as defined in the Partnership Act,
(ii) any unincorporated organization that is not a
partnership referred to in subclause (i), and
(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) "producer" means a person who
(
i) grows winter wheat for sale on one or more parcels
of land in Alberta, or
(ii) is entitled to a share of the winter wheat grown on
the land pursuant to a crop share arrangement;
(n) "regulated product" means winter wheat;
(o) "special Commission meeting" means a special general meeting of
the directors and the eligible producers;
(p) "winter wheat" means any wheat that
(
i) is adapted to germinate in the fall and has the
physiological requirements for vernalization, and
(ii) is the winter annual form of common wheat (TRITICUM
AESTIVUN L. em THELL) and includes all Red Winter Wheat and White Winter
Wheat cultivars that are eligible for grades of "Canada Western Red Winter"
and "Canada Western White Winter" specified by the Canadian Grain
Commission standards.
Designation of agricultural product
2 Winter wheat is designated as an agricultural product for the purposes
of the Act.
PART 1
GENERAL OPERATION OF PLAN
Division 1
Plan
Plan continued
3 The Alberta Winter Wheat Producers Marketing Plan established under
the Alberta Winter Wheat Producers Marketing Plan Regulation (AR 147/90) is
hereby amended, revised and continued under this Regulation with the name
"Alberta Winter Wheat Producers Marketing Plan".
Termination of Plan
4 This Plan does not terminate at the conclusion of a specific period of
time and remains in force unless otherwise terminated pursuant to the Act.
Application of Plan
5 This Plan applies
(
a) to all of Alberta;
(
b) to all producers in Alberta who produce or market the regulated
product, and
(
c) for the purposes of sections 9(a), (b), (
c) and (
f) and 12,
(
i) to dealers, and
(ii) to any persons who are not producers or dealers and
who process the regulated product.
Purpose of Plan
6(1) The purpose of this Plan is to do the following:
(
a) to initiate, conduct and carry out projects and programs
related to research and studies with respect to the production, handling,
marketing and processing of winter wheat, including research and studies
concerning the development and use of winter wheat products;
(
b) to assist, educate and inform producers, dealers and processors
in developing and improving methods regarding the production, processing
and marketing of winter wheat;
(
c) to initiate and carry out advertising programs, sales promotion
programs and consumer education programs to expand the market awareness and
demand for winter wheat and winter wheat products, both within Alberta and
in export markets;
(
d) to assist generally in the development and promotion of the
winter wheat industry in Alberta, including the development and promotion
of export markets for winter wheat grown in Alberta;
(
e) to advise governments on matters concerning the winter wheat
industry;
of Alberta with respect to the maintenance of the quality and standards of
the regulated product;
(
g) in the interests of the winter wheat industry, to co-operate
with other relevant organizations;
(
h) to participate in programs under the Agricultural Marketing
Programs Act (Canada);
(
i) generally to initiate, conduct and carry out projects and
programs to stimulate, increase or improve the production or marketing, or
both, of the regulated product.
(2) Under this Plan neither the production nor the marketing of the
regulated product is to be controlled or regulated.
Division 2
Operation of Plan by Commission
Commission continued
7 The Alberta Winter Wheat Producers Commission is hereby continued.
Functions of Commission
8(1) The Commission
(
a) is, subject to the Act, responsible for the operation,
regulation, supervision and enforcement of this Plan;
(
b) must
(
i) open one or more accounts in a bank, trust company,
treasury branch, credit union or other depository, and
(ii) designate such officers, employees and other
persons as are necessary to sign cheques and transact the Commission's
business with its bank, trust company, treasury branch, credit union or
other depository;
(
c) may
(
i) enter into an operating line of credit or other
loan agreement with its bank, trust company, treasury branch, credit union
or other lending institution, and
(ii) designate such officers, employees and other
persons as are necessary to transact the Commission's business;
(
d) must maintain such books and records, including financial
records,
(
i) as from time to time may be required under the Act,
the regulations or by virtue of any order of the Council, or
(ii) as may be determined by the Commission;
(
e) must maintain a head office, the location of which, at all
times, is to be made known to each eligible producer;
(
f) may appoint officers, employees and agents, prescribe their
duties and fix their remuneration;
(
g) subject to the Act, the regulations and any orders of the
Council, may issue such general orders governing its internal operation as
it may from time to time determine;
(
h) may become a member of any agricultural organization;
(
i) may contribute funds to any agricultural organization;
(
j) may, in accordance with
section 50 of the Act, be authorized to
perform any function or duty and exercise any power imposed or conferred on
the Commission by or under the Agricultural Marketing Programs Act
(Canada).
(2) The books and records referred to in subsection (1)(
d) are to be open
for inspection at the office of the Commission at all reasonable times on
the written request of a member of the Council.
Operation of Plan re regulations
9 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 any person who produces, markets or processes the
regulated product to furnish to the Commission any information or record
relating to the production, marketing or processing of the regulated
product that the Commission considers necessary;
(
b) requiring persons other than producers to be licensed under
this Plan before they become engaged in the marketing and processing, or
either of those functions, of the regulated product;
(
c) governing the issuance, suspension or cancellation of a licence
issued under this Plan;
(
d) 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;
(
e) providing for the refund of service charges;
(
f) requiring any person who receives the 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;
(
g) 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.
Financing of Plan
10 In accordance with the regulations,
(
a) this Plan is to be financed by the charging and collection of
service charges from producers;
(
b) every producer engaged in production of the regulated product
is to pay a service charge on each metric tonne, or part thereof, of
regulated product sold by the producer;
(
c) the Commission may, from time to time, change the amount of the
service charge, but the change will not be effective until it has been
approved by a majority of the eligible producers at an annual Commission
meeting or a special Commission meeting.
Service charges refundable
11(1) In accordance with the regulations,
(
a) the service charge is refundable to a producer on request of
the producer;
(
b) the request for a refund of the service charge must
(
i) be made in writing on a form established by the
Commission, and
(ii) contain the following information:
(
A) the producer's name;
(
B) the producer's mailing address and
telephone number;
(
C) the producer's identification number,
if available;
(
D) the quantity of regulated product sold;
(
E) the name and address of any dealer who
collected the service charge on behalf of the producer;
(
F) the amount of the service charge
deducted;
(
G) any specifics of the refund request;
(
c) requests for refunds must be received by the Commission at its
head office
(
i) prior to the end of August, for service charges
collected during the period commencing on the previous February 1 and
ending on July 31, and
(ii) prior to the end of February, for service charges
collected during the period commencing on the previous August 1 and ending
on January 31;
(
d) any request for a refund that is not received by the Commission
within the time periods specified under clause (
c) shall not be considered
by the Commission and the producer will not be entitled to a refund in
respect of the service charge in question;
(
e) the Commission must refund the service charge to the producer
within 90 days from the end of the period in which the request for a refund
of the service charge is received, if the request complies with the
regulations.
(2) In the event that within one crop year
(
a) the eligible producers requesting refunds of the service charge
comprise more than 35% of existing eligible producers, and
(
b) those eligible producers requesting a refund in clause (
a) account for at least 35% of the service charges collected during the
current crop year,
the continued operation of this Plan is to be subject to the approval of a
majority of the eligible producers of the regulated product at a plebiscite
to be held under the direction of the Council pursuant to the Act.
(3) The Commission must, within 90 days following the end of a crop year,
report to the Council the refunds made under this
section for that crop
year.
Collection of service charge
12 In accordance with the regulations,
(
a) all dealers who
(
i) purchase regulated product from a producer, or
(ii) acquire regulated product from a producer for sale
on the producer's behalf
must deduct from any proceeds payable to or on behalf of the
producer the amount of the service charge;
(
b) any person who receives proceeds on behalf of the producer with
respect to the sale by the producer of regulated product must deduct from
the proceeds payable to or on behalf of the producer, the amount of the
service charge;
(
c) any person who collects a service charge must pay the amount of
the service charge to the Commission;
(
d) all persons required under this Plan to collect and pay to the
Commission the service charge payable by a producer must
(
i) pay the service charge to the Commission, and
(ii) provide to the Commission, for each producer, a
summary detailing
(
A) the amount of regulated product
obtained from the producer,
(
B) the amount of the service charge being
paid on behalf of the producer, and
(
C) the name and address of the producer.
Auditor
13 The auditor for the Commission is to be appointed from time to time at
an annual Commission meeting or a special Commission meeting.
Indemnifi- cation fund
14(1) The Commission may under
section 34 of the Act establish, maintain
and operate one or more funds that may be used to indemnify or protect
producers against financial loss suffered by them or on their behalf in the
production or marketing, or both, of the regulated product.
(2) A fund shall not be established under
section 35 of the Act.
(3) If a fund referred to in subsection (1) is established, the Commission
may, subject to the Act and the regulations, finance the maintenance and
operation of the fund by assessing, charging and collecting from producers
a separate fee.
Honorary memberships, etc.
15 The Commission may establish non-voting associate, patron, industry,
affiliate or honorary memberships under this Plan to provide interested
individuals or organizations with the opportunity to contribute to the
efforts of the Commission.
PART 2
GOVERNANCE OF PLAN
Division 1
Producers
Eligible producers
16 For the purposes of this Plan,
(
a) any producer who has paid a service charge under this Plan in a
crop year is an eligible producer for that crop year;
(
b) the Commission must maintain a list of eligible producers;
(
c) all producers who can be identified by the Commission as having
paid a service charge under this Plan during a crop year are to be included
on the list of eligible producers for