Alberta Gazette — 31 August 2023 (Part II)
31 August 2023
Alberta — Gazette
Alberta Regulation 106/2023
Provincial Offences Procedure Act
PROCEDURES (TRAFFIC SAFETY)
AMENDMENT REGULATION
Filed: August 3, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 169/2023)
on August 2, 2023 pursuant to
section 42 of the Provincial Offences Procedure Act.
1 The Procedures (Traffic Safety) Amendment Regulation
(AR 181/2022) is amended by this Regulation.
Section 4 is repealed and the following is substituted:
Section 2(d)(
i) comes into force on September 1, 2023.
--------------------------------
Alberta Regulation 107/2023
Traffic Safety Act
USE OF HIGHWAY AND RULES OF THE
ROAD AMENDMENT REGULATION
Filed: August 3, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 170/2023)
on August 2, 2023 pursuant to
section 112 of the Traffic Safety Act.
1 The Use of Highway and Rules of the Road Amendment
Regulation (AR 132/2022) is amended by this Regulation.
2 The following is added after
section 1:
1.1
Section 1(1) is amended by adding the following after
clause (e):
(e.1) "flashing lamp" includes a stationary or rotating
flashing lamp, a strobe lamp or a 360-degree warning
lamp but does not include a turn signal lamp or a
vehicle hazard warning lamp required under the
regulations;
Section 6(1) is repealed and the following is substituted:
6(1) This Regulation, except
section 3, comes into force
on September 1, 2023.
--------------------------------
Alberta Regulation 108/2023
Alberta Utilities Commission Act
GENERATION APPROVALS PAUSE REGULATION
Filed: August 3, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 172/2023)
on August 2, 2023 pursuant to
section 75 of the Alberta Utilities Commission Act.
Definitions
1 In this Regulation,
(a) "electricity" means electricity as defined in the Electric
Utilities Act;
(b) "hydro development" means a hydro development as defined
in the Hydro and Electric Energy Act;
(c) "isolated generating unit" means an isolated generating unit as
defined in the Isolated Generating Units and Customer Choice
Regulation (AR 165/2003);
(d) "micro-generation generating unit" means a micro-generation
generating unit as defined in the Micro-generation Regulation
(AR 27/2008);
(e) "power plant" means a power plant as defined in the Hydro
and Electric Energy Act;
(f) "renewable electricity" means electricity that has been
produced from a renewable energy resource;
(g) "renewable energy resource" means a renewable energy
resource as defined in the Renewable Electricity Act;
(h) "small power plant" means a small power plant as defined in
section 18.1(1) of the Hydro and Electric Energy Regulation
(AR 409/83).
Pause on approvals
2 Despite anything to the contrary in the Act or any rule made under
section 76 of the Act, during the period in which this Regulation is in
force the Commission shall not grant an approval referred to in
section
9 or 11 of the Hydro and Electric Energy Act in respect of a hydro
development or power plant that produces renewable electricity.
Exceptions
Section 2 does not apply to
(
a) an approval or an amendment to an approval referred to in
section 9 or 11 of the Hydro and Electric Energy Act in
respect of
(
i) a small power plant,
(ii) an isolated generating unit, or
(iii) a micro-generation generating unit,
(
b) an approval or an amendment to an approval referred to in
section 11 of the Hydro and Electric Energy Regulation
(AR 409/83), or
(
c) an approval or an amendment to an approval described in
section 4.3.3, 4.4.3, 4.6.3 or 5.1 of AUC Rule 007,
Applications for Power Plants, Substations, Transmission
Lines, Industrial System Designations, Hydro Developments
and Gas Utility Pipelines, as published by the Commission
and amended from time to time.
Expiry
4 This Regulation expires on February 29, 2024.
--------------------------------
Alberta Regulation 109/2023
Marketing of Agricultural Products Act
ALBERTA CANOLA PRODUCERS
MARKETING PLAN REGULATION
Filed: August 8, 2023
For information only: Made by the Minister of Agriculture and Irrigation (M.O.
12/2023) on August 2, 2023 pursuant to
section 23 of the Marketing of Agricultural
Products Act.
Table of Contents
Definitions
2 Designation of agricultural product
Part 1
General Operation of Plan
Division 1
Plan
3 Plan continued
4 Termination of Plan
5 Application of Plan
6 Purposes of Plan
Division 2
Operation of Plan by Commission
7 Commission continued
8 Functions of Commission
9 Regulations to operate Plan
10 Financing the Plan
11 Service charges refundable
12 Indemnification fund
13 Authorization
Part 2
Governance of Plan
14 Regions
15 Composition of Commission
16 Elections
17 Vacancies
18 Election irregularities
Part 3
Review, Transitional and Repeal
19 Review
20 Transitional
21 Repeal
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 held in
accordance with the bylaws;
(c) "bylaws" means bylaws made by the Commission pursuant
section 26(2.1) of the Act;
(d) "canola" means
(
i) those oilseeds defined as canola, rapeseed or oilseed
rape of the Brassica family as used in the Seeds Act
(Canada),
(ii) canola-quality Brassica juncea, and
(iii) any additional related oilseeds as may be designated as
canola by the Commission with the prior approval of the
Council;
(e) "Commission" means the Alberta Canola 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) persons who are elevator or grain companies, grain
dealers or canola crushers, and
(ii) persons who acquire regulated product from the
producer for sale on the producer's behalf;
(i) "director" means a director of the Commission;
(j) "eligible producer" means a producer who qualifies as an
eligible producer under the bylaws;
(k) "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);
(l) "Plan" means the Alberta Canola Producers Marketing Plan
referred to in
section 3;
(m) "producer" means a person who
(
i) grows canola for sale on one or more parcels of land in
Alberta, or
(ii) is entitled to a share of the canola grown on any land
pursuant to a crop share arrangement;
(n) "regulated product" means canola other than canola used for
planting;
(o) "special Commission meeting" means a special general
meeting of the directors and the eligible producers held in
accordance with the bylaws.
Designation of agricultural product
2 Canola 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 Canola Producers Marketing Plan continued under the
Alberta Canola Producers Marketing Plan Regulation (AR 108/98) is
amended and continued under this Regulation.
Termination of Plan
4 The 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 The Plan applies
(
a) to producers in Alberta who produce or market the regulated
product, and
(
b) for the purposes of
section 9(a), (b), (
c) and (f), to dealers
and any other persons who are not producers and who market
or process the regulated product.
Purposes of Plan
6(1) The purposes of the Plan are to do the following:
(
a) to initiate and carry out projects or programs related to
research and development and studies with respect to the
production, handling, marketing and processing of canola,
including research and development and studies concerning
the development and use of canola products;
(
b) to assist, educate and inform producers, dealers and
processors in developing and improving methods regarding
the production, processing and marketing of canola;
(
c) to initiate and carry out projects or programs related to the
market development of canola and canola products;
(
d) generally to assist in the development and promotion of the
canola industry in Alberta, including the development and
promotion of markets for canola and canola products;
(
e) to advise governments on matters concerning the canola
industry;
Government of Alberta with respect to the maintenance of
the quality standards of the regulated product;
(
g) generally to cooperate with any organizations that carry out
activities of interest to the canola industry;
(
h) to participate in programs under the Agricultural Marketing
Programs Act (Canada);
(
i) to act as an agent on behalf of producers in respect of matters
relating to the Canada Revenue Agency's Scientific Research
and Experimental Development Program as it applies to
canola;
(
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 the Plan neither the production nor the marketing of the
regulated product is controlled or regulated.
Division 2
Operation of Plan by Commission
Commission continued
7 The Alberta Canola Producers Commission is continued.
Functions of Commission
8 The Commission
(
a) is responsible for the operation, regulation, supervision and
enforcement of the Plan and the bylaws and regulations made
by the Commission, and
(
b) in accordance with
section 50 of the Act, may 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).
Regulations to operate Plan
9 The Commission is authorized under
section 26(1) of the Act to
make, with the approval of the Council, 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
the 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 the 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) respecting the circumstances, if any, under which a service
charge may be refunded to a producer;
(
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 the Plan
and the regulations made by the Commission.
Financing the Plan
10 In accordance with the regulations,
(
a) the 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 must pay a service charge on each metric tonne, or
part thereof, of the regulated product sold by the producer,
and
(
c) the Commission, from time to time, may change the amount
of the service charge, but the change is not effective until it
has been approved by the eligible producers at an annual
Commission meeting or a special Commission meeting.
Service charges refundable
11(1) In accordance with the regulations, a service charge must be
refundable to a producer on request of the producer.
(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 Council may direct that the continued operation of the Plan is to be
subject to the approval of a majority of eligible producers at a
plebiscite to be held under the direction of the Council pursuant to the
Act.
(3) The Commission, within 90 days following the end of a crop year,
must report to the Council the refunds made under this
section for that
crop year.
Indemnification fund
12(1) The Commission, under
section 34 of the Act, may 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) The Commission may finance a fund referred to in subsection
(1) in accordance with
section 34 of the Act.
(3) The Commission shall not operate a fund under
section 35 of the
Act.
Authorization
13 In accordance with
section 50 of the Act, the Commission may be
authorized, with respect to the production or marketing, or both, of the
regulated product, to perform any function or duty and exercise any
power imposed or conferred on the Commission by or under the
Agricultural Products Marketing Act (Canada).
Part 2
Governance of Plan
Regions
14(1) For the purposes of the Plan and the bylaws, Alberta is divided
into 12 regions.
(2) The area included in each region is as set out in the bylaws.
Composition of Commission
15(1) The Commission consists of a board of directors made up of 12
directors, being one director from each region.
(2) To be eligible for election as a director, an individual must be an
eligible producer who meets the eligibility requirements set out in the
bylaws.
(3) In addition to the directors referred to in subsection (1), the
Commission may appoint in accordance with the bylaws a non-voting
adjunct director to perform the functions set out in the bylaws.
Elections
16(1) Elections to the board of directors must be
(
a) conducted by means of a mail ballot in accordance with the
procedures set out in the bylaws, and
(
b) held each year for 4 of the 12 regions.
(2) Notwithstanding subsection (1), if the eligible producers in a
region fail to elect a director by mail ballot,
(
a) the election of a director from that region may be carried out
at the next annual Commission meeting held after the time at
which election by mail ballot was held or was to have been
held, or
(
b) an individual may be appointed to fill the vacancy in
accordance with
section 17 if a director is not elected at the
next annual Commission meeting referred to in clause (a).
(3) An eligible producer who is eligible to vote pursuant to the bylaws
may vote for any number of candidates not exceeding the number of
directors to be elected, notwithstanding that the eligible producer may
manage, operate, own, lease or hold equity in 2 or more operations.
Vacancies
17 If a vacancy occurs on the board of directors, the Commission, in
accordance with the bylaws and with the approval of the Council, may
appoint an individual from among the eligible producers who are
eligible to be elected as a director to fill the vacant position for the
unexpired portion of the term.
Election irregularities
18(1) If an eligible producer questions
(
a) the eligibility of a candidate,
(
b) the eligibility of a voter,
(
c) any matter relating to a ballot or the tabulation of ballots, or
(
d) any other irregularity with respect to the conduct of an
election,
that eligible producer, not later than 15 days after the day of the
election, may apply in writing to the Council to have the election
declared void and the position declared vacant.
(2) If the Council has not received an application under subsection
(1) within the 15-day period referred to in subsection (1), an individual
elected at that election is deemed to be duly elected.
(3) The Council shall not consider an application under subsection (1) that
is not received by the Council within the 15-day period referred to in
subsection (1).
(4) 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 the Plan, the bylaws 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.
(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
conducted to fill the vacant position for the unexpired portion
of the term, or
(
b) notify the Commission that the position is vacant and that the
Commission may appoint an individual to fill the vacant
position in accordance with
section 17.
(6) Notwithstanding that an election is declared void and a position is
declared vacant under subsection (4)(c), the bylaws may provide that the
term of office of the position is deemed to have commenced as if an
individual had been elected to the position.
Part 3
Review, Transitional and Repeal
Review
19 In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before May 31, 2030.
Transitional
20 Where an individual is a director immediately before the coming
into force of this Regulation, that individual continues to be a director
until the expiry of that individual's term of office in accordance with
the Plan and the bylaws unless
(
a) the individual is removed or resigns from office, or
(
b) the bylaws reduce the term of office for that position.
Repeal
21 The Alberta Canola Producers Marketing Plan Regulation
(AR 108/98) is repealed.
--------------------------------
Alberta Regulation 110/2023
Marketing of Agricultural Products Act
ALBERTA CHICKEN PRODUCERS
PLAN REGULATION
Filed: August 8, 2023
For information only: Made by the Minister of Agriculture and Irrigation (M.O.
13/2023) on August 2, 2023 pursuant to
section 23 of the Marketing of Agricultural
Products Act.
Table of Contents
Definitions
2 Designation
Part 1
General Operation of Plan
Division 1
Plan
3 Plan continued
4 Termination of Plan
5 Application of Plan
6 Purpose and intent
Division 2
Administration of Plan by the Board
7 Board continued
8 Responsibilities of Board
9 Regulations to operate Plan
10 Financing of the Plan
11 Interprovincial matters
12 Indemnification and other funds
Part 2
Governance of Plan
13 Members of the Board
14 Elections
15 Vacancy
16 Insufficient attendance
17 Election irregularities
Part 3
Review, Transitional and Repeal
18 Review
19 Transitional
20 Repeal
Definitions
1 In this Regulation,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "authorized producer" means a person who
(
i) holds a licence authorizing the person to produce or
market, or both produce and market, chicken, and
(ii) has been allocated authorized quota in accordance with
the Alberta Chicken Producers Marketing Regulation
(AR 3/2000);
(c) "Board" means the Alberta Chicken Producers continued
under
section 7;
(d) "bylaws" means the bylaws made by the Board under
section
26(2.1) of the Act;
(e) "chicken" means any category of chicken that
(
i) is under 6 months of age, and
(ii) is not raised for egg production;
(f) "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);
(g) "Plan" means the Alberta Chicken Producers Plan that is
amended and continued under
section 3;
(h) "processing" means changing the nature of chicken by
mechanical means or otherwise and includes the killing of
chicken;
(i) "processor" means a person who is engaged in the business
of processing chicken;
(j) "producer" means a person who is engaged in the production
of chicken in Alberta;
(k) "production" includes the possession of chicken;
(l) "production facilities" includes the buildings or
improvements, or both, in which chicken is produced and the
parcel of land on which the buildings or improvements, or
both, are located;
(m) "quota" means the privilege granted by the Board to a
producer to produce and market chicken;
(n) "regulated product" means chicken.
Designation
2 Chicken 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 Chicken Producers' Plan, established under the Alberta
Chicken Producers' Plan Regulation (AR 70/93), is amended and
continued under this Regulation with the name "Alberta Chicken
Producers Plan".
Termination of Plan
4 The Plan does not terminate at the conclusion of a specific period
of time and remains in force unless otherwise terminated under the
Act.
Application of Plan
5(1) In this section, "consumer" means a person who receives or
purchases chicken or parts of chicken wholly for personal or family
use and not for resale.
(2) The Plan applies
(
a) to all of Alberta,
(
b) to all persons who produce or market, or both produce and
market, any kind or grade of chicken, and
(
c) to processors for the purposes of
section 9(1)(
b) to (
g) and
(2)(g), (
i) to (o), (q), (
t) and (u).
(3) A person is exempt from the licensing, service charge, levy and
quota provisions of the Plan if in a calendar year
(
a) the person does not produce more than 2000 chickens,
(
b) the person ordinarily resides on the same parcel of land as the
production facilities for the chicken,
(
c) not more than 2000 chickens are produced on the land
referred to in clause (b), and
(
d) the chicken is
(
i) consumed by the person or the person's family, or
(ii) sold to consumers from
(
A) the land referred to in clause (b),
(
B) land that is adjacent to the land referred to in
clause (b), or
(
C) a stall at a farmers' market.
Purpose and intent
6 The purpose of the Plan is
(
a) to provide for the effective promotion, control and regulation
in all respects of the production or marketing, or both, of the
regulated product, including the prohibition of production or
marketing, or both, in whole or in part,
(
b) without limiting the generality of clause (a), to accomplish
the following:
(
i) to establish quotas for the production or marketing, or
both, of the regulated product;
(ii) to maintain a fair and stabilized price for the regulated
product;
(iii) to develop and maintain the orderly marketing of the
regulated product;
(iv) to provide a uniform, high quality of the regulated
product for the market;
(
v) to maintain adequate advertising and promotion of the
regulated product;
(vi) to work with marketing boards and similar
organizations having similar objectives including such
boards and organizations that may be established in
other provinces;
(vii) to provide for the prohibition of production or
marketing, or both, of the regulated product where the
regulated product is not marketed pursuant to a quota,
and
(
c) to fund, initiate, conduct or carry on research and
development 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.
Division 2
Administration of Plan by the Board
Board continued
7 The Board known as the "Alberta Chicken Producers" is continued.
Responsibilities of Board
8 The Board is responsible for the operation, regulation, supervision
and enforcement of the Plan, the regulations made by the Board and
the bylaws.
Regulations to operate Plan
9(1) The Board is authorized under
section 26 of the Act to make,
with the approval of the Council, regulations
(
a) requiring producers engaged in the production or marketing,
or both, of the regulated product to register their names and
addresses with the Board;
(
b) requiring any person who produces, markets or processes the
regulated product to furnish to the Board any information or
record relating to the production, marketing or processing of
the regulated product that the Board considers necessary;
(
c) requiring persons to be licensed under the Plan before they
become engaged in the production, marketing or processing,
or any one or more of those functions, of the regulated
product;
(
d) prohibiting persons from engaging in the production,
marketing or processing, as the case may be, of the regulated
product except under the authority of a licence;
(
e) governing the issuance, suspension or cancellation of a
licence;
(
f) providing for
(
i) the assessment, charging and collection of service
charges, licence fees and levies, as the case may be,
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, licence fees and levies, as the case may
be;
(
g) requiring any person who receives any regulated product
from a producer
(
i) to deduct from the money payable to the producer any
service charges, licence fees or levies, as the case may
be, payable by the producer to the Board, and
(ii) to forward the amount deducted to the Board;
(
h) providing for the use of any class of service charges, licence
fees, levies or other money payable to or received by the
Board for the purpose of paying its expenses and
administering the Plan and the regulations made by the
Board;
(
i) providing for the payment to a Canada Board of money that
is payable under a Canada Act.
(2) The Board is authorized under
section 27 of the Act to make, with
the approval of the Council, regulations
(
a) requiring that the production or marketing, or both, of the
regulated product be conducted pursuant to a quota;
(
b) governing
(
i) the fixing and allotting of quotas,
(ii) the increase or reduction of quotas,
(iii) the cancelling of quotas, and
(iv) the refusal to fix and allot quotas
to producers for the production or marketing, or both, of the
regulated product on any basis that the Board considers
appropriate;
(
c) governing the transferability or non-transferability of quotas;
(
d) establishing
(
i) a formula for determining the volume, weight,
components, contents, amount or number of regulated
product deemed to have been produced or marketed by
a producer, and
(ii) the period of time in respect of which the formula is to
be applied
for the purpose of determining the amount of regulated
product produced or marketed by a producer during a period
of time;
(
e) respecting assurance programs and standards;
(
f) providing for
(
i) the assessment, charging and collection of a levy from
any producer whose production or marketing, or both,
of the regulated product is in excess of the quota that
has been fixed and allotted to that producer, and
(ii) the taking of legal action to enforce payment of the
levy;
(
g) requiring any person who provides any regulated product to a
producer under the Plan to furnish to the Board any
information requested by the Board;
(
h) determining the quantity, weight and volume of each class,
variety, size, grade, kind, components and contents of the
regulated product that shall be produced or marketed, or
both, by each producer;
(
i) directing, controlling or prohibiting, as the case may be, the
production or marketing, or both, of the regulated product or
any class, variety, size, grade or kind of the regulated product
in a manner that the Board considers appropriate;
(
j) regulating and controlling the production or marketing, or
both, of the regulated product, including the times and places
at which the regulated product may be produced or marketed;
(
k) determining or respecting the determination of the minimum
price or prices that shall be paid to producers for the
regulated product or any class, variety, size, grade, volume,
weight, components, contents or kind of the regulated
product and determining different prices for different parts of
Alberta;
(
l) requiring that the money payable or owing to a producer for
the regulated product be paid to or through the Board;
(
m) providing for the payment to a producer of the money
payable or owing for the regulated product, less any service
charges and levies owing to the Board by the producer, and
fixing the time or times at which or within which the
payments shall be made;
(
n) regulating and controlling agreements entered into by
producers of a regulated product with persons engaged in
marketing or processing of the regulated product, including
to prohibit any provision in the agreements;
may market the regulated product in excess of the quota fixed
and allocated to the person;
(
p) respecting the amount, manner and time of payments to
producers by processors and requiring the making of
statements and other documents accompanying payments and
respecting the information to be contained in the statements
and other documents;
(
q) governing
(
i) the furnishing of security or proof of financial
responsibility by any person engaged in the production,
marketing or processing of the regulated product, and
(ii) the administration and disposition of any money or
securities so furnished;
(
r) prohibiting a person to whom a quota has not been fixed and
allotted for the production or marketing, or both, of the
regulated product from producing or marketing, as the case
may be, any regulated product;
(
s) prohibiting a producer to whom a quota has been fixed and
allotted for the production or marketing, or both, of the
regulated product from producing or marketing, as the case
may be, any regulated product in excess of that quota;
(
t) prohibiting any person from purchasing or otherwise
acquiring from a producer any regulated product in excess of
the quota that has been fixed and allotted to the producer for
the production or marketing, or both, of the regulated
product;
(
u) prohibiting any person from purchasing or otherwise
acquiring any regulated product from a person to whom a
quota has not been fixed and allotted for the production or
marketing, or both, of the regulated product.
Financing of the Plan
10 In accordance with the regulations, the Plan must be financed
(
a) by the charging and collection of service charges, licence
fees and levies, and
(
b) by any other money payable to or received or accrued by the
Board.
Interprovincial matters
11 In accordance with
section 50 of the Act, the Board, with respect
to the production or marketing, or both, of a regulated product, may be
authorized by the Council to perform any function or duty and exercise
any power imposed or conferred on it by a Canada Board or by or
under a Canada Act.
Indemnification and other funds
12(1) The Board may establish one or more funds under
section 34 or
35 of the Act.
(2) In order to finance the funds, the Board may raise amounts in
accordance with sections 34 and 35 of the Act.
Part 2
Governance of Plan
Members of the Board
13 The Board consists of 5 members elected or appointed in
accordance with the Plan and the bylaws.
Elections
14(1) Elections to the Board must be conducted
(
a) at the annual meeting of authorized producers, or
(
b) at a special meeting of the authorized producers, where the
Council orders under
section 17(5) that an election be held
by means of a vote of authorized producers in accordance with the
procedures set out in the bylaws.
(2) An authorized producer who is eligible to vote under the bylaws
may vote once for any number of candidates not exceeding the number
of members to be elected to the Board at that meeting notwithstanding
that the authorized producer may manage or operate or own, lease or
hold equity in 2 or more operations that are registered separately with
the Board.
Vacancy
15(1) If a vacancy occurs on the Board, the Board, in accordance with
the bylaws and with the approval of the Council, may appoint from
among individuals who are eligible to be elected to the Board an
individual to act as a member until the next annual meeting of
authorized producers.
(2) At the next annual meeting of authorized producers following the
appointment of an individual under subsection (1), the position must be
filled by holding an election in accordance with the Plan and the
bylaws for the unexpired portion of the term.
Insufficient attendance
16(1) If an election is held under the Plan and there is an insufficient
number of eligible voters in attendance at the meeting,
(
a) the election is void, and
(
b) the position for which the election was held is vacant.
(2) Notwithstanding that a position is vacant by reason of subsection
(1), the bylaws may provide that the term of office of the position is
deemed to have commenced as if an individual had been elected to the
position.
(3) If a position is vacant under subsection (1), the Board may appoint
an individual to the position in accordance with
section 15.
Election irregularities
17(1) If an authorized producer questions
(
a) the eligibility of a candidate,
(
b) the eligibility of a voter,
(
c) any matter relating to a ballot or the tabulation of ballots, or
(
d) any other irregularity with respect to the conduct of an
election,
the authorized producer may, not later than 15 days after the date of
the election, apply in writing to the Council to have the election
declared void and the position declared vacant.
(2) If the Council has not received an application under subsection
(1) within the 15-day period referred to in subsection (1), an individual
elected at that election is deemed to be duly elected.
(3) The Council shall not consider an application under subsection
(1) that is not received by the Council within 15 days after the date of the
election.
(4) On receipt of an application under subsection (1), the Council shall
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 of the application did not materially affect the
result of the election, and
(ii) the election was conducted substantially in accordance
with the Plan, the bylaws 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.
(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 meeting of the authorized producers be held and an
election conducted to fill the vacant position for the
unexpired portion of the term, or
(
b) notify the Board that the position is vacant and that the Board
may appoint an individual to fill the vacant position in
accordance with
section 15.
(6) Notwithstanding that an election is declared void and a position is
declared vacant under subsection (4)(c), the bylaws may provide that
the term of office of the position declared vacant is deemed to have
commenced as if an individual had been elected to the position.
Part 3
Review, Transitional and Repeal
Review
18 In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before May 31, 2030.
Transitional
19 Where an individual is a member of the Board immediately before
the coming into force of this Regulation, that individual continues to
be a member of the Board until the expiry of that individual's term of
office in accordance with the Plan and the bylaws unless
(
a) the individual is removed or resigns from office, or
(
b) the bylaws reduce the term of office for that position.
Repeal
20 The Alberta Chicken Producers' Plan Regulation (AR 70/93) is
repealed.
--------------------------------
Alberta Regulation 111/2023
Traffic Safety Act
SAFEROADS ALBERTA AMENDMENT REGULATION
Filed: August 8, 2023
For information only: Made by the Minister of Transportation and Economic
Corridors (M.O. 26/23) on August 8, 2023 pursuant to
section 188.1(
f) of the Traffic
Safety Act.
1 The SafeRoads Alberta Regulation (AR 224/2020) is
amended by this Regulation.
Section 2 is amended by striking out "The Director shall"
and substituting "Subject to
section 2.1, the Director shall".
3 The following is added after
section 2:
Exception
2.1(1) For greater certainty, notwithstanding
section 2(h), the
Director is not required to
(
a) provide photographs, video or audio recordings, or any
transcript created from video or audio recordings, if any, to a
recipient, or
(
b) confirm whether or not any records exist except those
provided by the Director under
section 2.
(2) This
section expires 60 days immediately after it comes into
force.
--------------------------------
Alberta Regulation 112/2023
Traffic Safety Act
VEHICLE EQUIPMENT AMENDMENT REGULATION
Filed: August 11, 2023
For information only: Made by the Minister of Transportation and Economic
Corridors (M.O. 25/23) on August 8, 2023 pursuant to
section 116(
i) of the Traffic
Safety Act.
1 The Vehicle Equipment Regulation (AR 122/2009) is
amended by this Regulation.
Section 1(1)(
h) is amended by striking out "section 2" and
substituting "section 2 or 2.1".
3 The following is added after
section 2:
Designated emergency response units for passing safety
2.1(1) Subject to subsection (2), the following are designated as
emergency response units only for the purposes of
section 115(2)(
t) and (4) of the Act:
(
a) a vehicle referred to in
section 28 that is transporting a
full-time fire fighter or a volunteer fire fighter;
(
b) a vehicle referred to in
section 32 that is primarily used for
the transportation of explosives;
(
c) a motor vehicle referred to in
section 33 that is used for
leading a funeral procession;
(
d) a vehicle referred to in
section 34;
(
e) a vehicle exempted by the Registrar from the prohibition on
flashing lamps.
(2) A vehicle or motor vehicle referred to in subsection (1) is
designated as an emergency response unit only while its flashing
lamps are operating.
(3) For greater certainty, an emergency response unit under this
section is an emergency vehicle only for the purposes of
section
115(2)(
t) and (4) of the Act.
4 This Regulation comes into force on September 1, 2023.
--------------------------------
Alberta Regulation 113/2023
Wildlife Act
WILDLIFE AMENDMENT REGULATION
Filed: August 11, 2023
For information only: Made by the Minister of Environment and Protected Areas
(M.O. 11/2023) on August 8, 2023 pursuant to
section 103 of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
2 The following is added after
section 103.1:
Lawful hunting firearm
103.2(1) For the purposes of this section, "lawful hunting firearm"
means a firearm that may, subject to the Act and this Regulation, be
used for hunting wildlife.
(2) Subject to the Act and this Regulation, a lawful hunting firearm
may
(
a) have any stock design or composition,
(
b) produce any amount of muzzle energy,
(
c) be of any gauge or calibre,
(
d) hold any amount of ammunition, and
(
e) have any action other than fully automatic.
Section 113(1) is repealed and the following is
substituted:
Guiding
113(1) A big game designated guide shall not, at any one time,
guide
(
a) more than 2 non-residents or non-resident aliens hunting
wolf, coyote or big game other than black bear, or
(
b) more than 3 non-residents or non-resident aliens hunting
black bear.
Schedule 15 is amended
(
a) in sections 2(1) and 3(2) by striking out "1E and 1F"
and substituting "1E, 1F and 1G";
(
b) in
section 4(2)
(
i) by striking out "1E and 1F" and substituting "1E,
1F and 1G";
(ii) by striking out "1E or 1F" wherever it occurs
and substituting "1E, 1F or 1G";
(
c) by adding the following after
section 10:
10.1 The open seasons for the hunting of game birds in WMU
523 with reference to Table 6 apply also to the portion of
Winagami Lake Provincial Park that is the lakebed and shore of
Winagami Lake, excluding the shorelines of
(
a) sections 23, 26 and 35 of township 76, range 18, west of
the 5th meridian,
(
b) section 2 of township 77, range 18, west of the 5th
meridian,
(
c) section 36 of township 76, range 18, west of the 5th
meridian, and
(
d) sections 1, 2 and 11 of township 77, range 19, west of
the 5th meridian.
(
d) in Table 1A by striking out
White-tailed
Deer
Antlered
S1 - O31
(Wed - Sat only)
N1 - N41
N8 - N111
N15 - N181
N22 - N251
102, 104, 106, 108,
1102, 112, 116, 118,
119, 124, 128, 130, 132,
134, 136, 138, 140, 142,
144, 148, 150, 151, 152,
156, 158, 160
S1 - O31
N1 - N30
162, 163, 164, 166
Antlerless
S1 - O31
(Wed - Sat only)
N1 - N41
N8 - N111
N15 - N181
N22 - N251
102, 106, 112, 116,
118, 119, 124, 128,
142, 144, 148, 150,
151, 152, 158, 160
S1 - O31
N1 - N301
162, 163, 164, 166
and substituting
White-tailed
Deer
Antlered
S1 - O31
(Wed - Sat only)
N1 - N41
N8 - N111
N15 - N181
N22 - N251
102, 104, 106, 108,
1102, 112, 116, 118,
119, 124, 128, 130, 132,
134, 136, 138, 140, 142,
144, 148, 150, 151, 152,
156, 158, 160
S1 - O31
N1 - N30
162, 163, 164, 166
Antlerless
S1 - O31
(Wed - Sat only)
N1 - N41
N8 - N111
N15 - N181
N22 - N251
102, 104, 106, 108,
110, 112, 116, 118,
119, 124, 128, 130,
132, 134, 136, 138,
140, 142, 144, 148,
150, 151, 152, 156,
158, 160
S1 - O31
N1 - N301
162, 163, 164, 166
(
e) in Table 1B by striking out
Moose
Antlered
and
Antlerless
S1 - O311
N1 - N301
200, 202, 203, 204, 206,
208, 210, 214, 216, 220,
221, 222, 224, 226, 228,
230, 232, 234, 236, 238,
240, 242, 244, 246, 250,
252, 254, 256, 258, 260
S1 - N30
Closed
212, 247, 248
Closed
N30 - D21, 3
D4 - D91
D11 - D161
728, 730
O17 - O311
N1 - N231
Antlered
and
Antlerless
S1 - O24
O25 - D71,4
Elk
Antlered
and
Antlerless
S1 - N30
Closed
212, 247, 248
O17 - O311
N1 - N231
Antlered
S1 - O242
O25 - N302
S1 - O312
N1 - N302
216, 221, 224
S1 - O31
N1 - N301
(252, 254, 258, 260)
(236, 238, 256)
(206, 222, 226, 244, 246)
(208, 210, 220), (204,
228, 230)
(200, 202, 203, 232, 234)
(240, 242)
Antlerless
S1 - O31
N1 - J201
(200, 202, 203, 232, 234)
(252, 254, 258, 260)
(236, 238, 256)
(206, 222, 226, 244, 246)
(208, 210, 220), (204,
228, 230)
(240, 242)
S1 - O31
N1 - D201
S1 - O24
O25 - N201
N21 - D201
J1 - J201
Antlerless
S1 - O31
N1 - N251
N26 - D201
J1 - J201
216, 221
Closed
S1 - N301, 4
D1 - D201, 4
J1 - J201, 4
and substituting
Moose
Antlered
and
Antlerless
S1 - O311
N1 - N301
200, 202, 203, 204, 206,
208, 210, 214, 216, 220,
221, 222, 224, 226, 228,
230, 232, 234, 236, 238,
240, 242, 244, 246, 250,
252, 254, 256, 258, 260
S1 - N30
Closed
212, 247, 248
Closed
N30 - D21, 3
D4 - D91
D11 - D161
728, 730
O17 - O311
N1 - N231
Antlered
and
Antlerless
Closed
O25 - D71, 4
Elk
Antlered
and
Antlerless
S1 - N30
Closed
212, 247, 248
O17 - O311
N1 - N231
Antlered
S1 - O242
O25 - N302
S1 - O312
N1 - N302
216, 221, 224
S1 - O31
N1 - N301
(252, 254, 258, 260)
(236, 238, 256)
(206, 222, 226, 244, 246)
(208, 210, 220), (204,
228, 230)
(200, 202, 203, 232, 234)
(240, 242)
Antlerless
S1 - O31
N1 - J201
(200, 202, 203, 232, 234)
(252, 254, 258, 260)
(236, 238, 256)
(206, 222, 226, 244, 246)
(208, 210, 220), (204,
228, 230)
(240, 242)
S1 - O31
N1 - D201
S1 - O24
O25 - N201
N21 - D201
J1 - J201
Antlerless
S1 - O31
N1 - N251
N26 - D201
J1 - J201
216, 221
Closed
S1 - N301
D1 - D201, 4
J1 - J201, 4
(
f) in Table 1C by striking out
Mule Deer
Antlered
and
Antlerless
S1 - O31
N1 - N301
310, 312
Antlered
A25 - S16
S17 - N30
352, 353, 355
S1 - O31
N1 - N301
A25 - S16
S17 - N301
326, 328, 330, 347, 349,
350, 351, 354, 356
S1 - O311
N1 - N301
314, 318, 320, 322, 324,
332, 337, 338
A25 - S161
S17 - N301
339, 340, 342, 344, 346,
357, 358, 359, 360
S1 - O241
O25 - N301
300, 302, 303, 304, 305,
306, 308
Antlerless
A25 - S16
S17 - D201
357, 359, 360
S1 - O31
N1 - N301
314, 320, 322, 332
S1- O24
O25 - N301
300, 302, 303, 304, 305,
306, 308
A25 - S16
S17 - N301
and substituting
Mule Deer
Antlered
and
Antlerless
S1 - O31
N1 - N301
310, 312, 334, 336, 348
Antlered
A25 - S16
S17 - N30
352, 353, 355
S1 - O31
N1 - N301
A25 - S16
S17 - N301
326, 328, 330, 347, 349,
350, 351, 354, 356
S1 - O311
N1 - N301
314, 318, 320, 322, 324,
332, 337, 338
A25 - S161
S17 - N301
339, 340, 342, 344, 346,
357, 358, 359, 360
S1 - O241
O25 - N301
300, 302, 303, 304, 305,
306, 308
Antlerless
A25 - S16
S17 - D201
357, 359, 360
S1 - O31
N1 - N301
314, 320, 322, 332
S1- O24
O25 - N301
300, 302, 303, 304, 305,
306, 308
A25 - S16
S17 - N301
(
g) in Table 1D by striking out
Trophy
Sheep
Resident
hunters only
Closed
A25 - S231
S24 - O311
A25 - O31
412, 414, 416, 417, 418,
420, 422, 426, 428, 430,
432, 434, 436, 438, 439,
440, 441, 442, 445
S6 - O31
4004, 402, 404, 406, 408
Non-resident
hunters and
Non-resident
alien hunters
Closed
S1 - O151
412, 414, 416, 417, 418,
420, 422, 426, 428, 430,
432, 434, 436, 438, 439,
440, 441, 442, 445
and substituting
Trophy
Sheep
Resident
hunters only
Closed
A25 - S231
S24 - O311
A25 - O31
412, 414, 416, 417, 418,
420, 422, 426, 428, 430,
432, 434, 436, 438, 439,
440, 441, 442, 445
S6 - O31
4004, 402, 404, 406, 408
Non-resident
hunters and
Non-resident
alien hunters
Closed
S1 - O151
412, 414, 416, 417, 418,
420, 422, 426, 428, 430,
432, 434, 436, 438, 439,
440, 441, 442, 445
(
h) in Table 1E by striking out
Moose
Antlered and
Antlerless
S1 - O311
N1 - N301
500, 501, 502, 503, 504,
506, 507, 508, 509
Antlered
Closed
S17 - O311
N1 - N301
A25 - S23
S24 - O311
N1 - N301
521, 522, 523, 526, 527,
535, 537
A25 - A31
S1 - O311
N1 - N301
511, 512, 514, 515, 516,
517, 518, 519, 520, 524,
525, 528, 529, 530, 536,
541, 542, 544
S1 - O311
N1 - N301
505, 510
A25 - A31
S17 - N301,4,5
531, 532, 534, 539, 540
Antlerless
(calf only)
S1 - O31
N1 - N301
505, 510
A25 - S231
N1 - N301
521, 522, 523, 526, 527
Elk
Antlered2
S1 - O31
N1 - N301
Antlered3
S1 - O31
N1 - N30
500, 501, 502, 504, 505,
506, 507, 508, 510, 511,
A25 - S16
S17 - N30
520, 521, 522, 523, 524,
525, 526, 527, 528, 535,
537, 544
Antlerless
A25 - S16
S17 - O311
N1 - D201
D21 - J201
520, 521, 522, 523, 526,
527, 537, 544
S1 - O31
N1 - D201
500, 504, 506, 509
S1 - O31
N1 - D201
D21 - J201
501, 502, 505, 507, 508,
510, 511, 514
and substituting
Moose
Antlered and
Antlerless
S1 - O311
N1 - N301
500, 501, 502, 503, 504,
506, 507, 508, 509
Antlered
Closed
S17 - O311
N1 - N301
A25 - S23
S24 - O311
N1 - N301
521, 522, 523, 526, 527,
535, 537
A25 - A31
S1 - O311
N1 - N301
511, 512, 514, 515, 516,
517, 518, 519, 520, 524,
525, 528, 529, 530, 536,
541, 542, 544
S1 - O311
N1 - N301
505, 510
A25 - A31
S1 - N301,4,5
531, 532, 534, 539, 540
Antlerless
(calf only)
S1 - O311
N1 - N301
505, 510
A25 - S231
N1 - N301
521, 522, 523, 526, 527
Elk
Antlered2
S1 - O31
N1 - N301
Antlered3
S1 - O31
N1 - N30
500, 501, 502, 504, 505,
506, 507, 508, 510, 511,
A25 - S16
S17 - N30
520, 521, 522, 523, 524,
525, 526, 527, 528, 535,
537, 544
Antlerless
A25 - S16
S17 - O311
N1 - D201
D21 - J201
520, 521, 522, 523, 526,
527, 537, 544
S1 - O31
N1 - D201
504, 506, 509
S1 - O31
N1 - D201
D21 - J201
500, 501, 502, 505, 507,
508, 510, 511, 514
(
i) in Table 1G by striking out
Cougar
Closed
S1 - Ma311
Residents only
102-166, 200-210, 214-246, 250-260,
357-360, 500-504, 506, 508, 514,
518-544
Closed
A25 - N301
Residents only
412-446
Closed
D1 - Ma312
300, 302, 303, 304, 305, 306, 308,
310, 312, 314, 316, 318, 320, 322,
324, 326, 328, 330, 332, 334, 336,
337, 338, 339, 340, 342, 344, 346,
347, 348, 349, 350, 351, 352, 353,
354, 355, 356, 400, 402, 404, 406,
408, 412, 414, 416, 417, 418, 420,
422, 426, 428, 429, 430, 432, 434,
436, 437, 438, 439, 440, 441, 442,
444, 445, 446, 505, 507, 509, 510,
511, 512, 515, 516, 517
N1 - Ma311, 3
Closed
212, 247, 248
D1 - Ma312, 3
Closed
and substituting
Cougar
Closed
S1 - Ma311
Residents only
102-166, 200-210, 214-246, 250-260,
357-360, 500-504, 506, 508, 514,
518-544
Closed
A25 - N301
Residents only
412-446
Closed
D1 - Ma312
300, 302, 303, 304, 305, 306, 308,
310, 312, 314, 316, 318, 320, 322,
324, 326, 328, 330, 332, 334, 336,
337, 338, 339, 340, 342, 344, 346,
347, 348, 349, 350, 351, 352, 353,
354, 355, 356, 400, 402, 404, 406,
408, 412, 414, 416, 417, 418, 420,
422, 426, 428, 429, 430, 432, 434,
436, 437, 438, 439, 440, 441, 442,
444, 445, 446, 505, 507, 509, 510,
511, 512, 515, 516, 517
S1 - Ma311, 3
Closed
212, 247, 248
D1 - Ma312, 3
Closed
(
j) in Table 6
(
i) by striking out
Male Pheasant
102-106, 112-166, 210
S1-J15
102-166, 300-312
O15-N30
404-410, 841, 936
S8-J15
and substituting
Male Pheasant
200-260, 314-402, 412-544
S1-J15
102-166, 300-312
O15-N30
404-410, 841, 936
S8-J15
(ii) by striking out
Blue Grouse
300-342, 412-446
S1-J15
404-410
S8-J15
and substituting
Blue Grouse
300-402, 412-446
S1-J15
404-410
S8-J15
Alberta Regulation 114/2023
Marketing of Agricultural Products Act
SUGAR BEET MARKETING PLAN REGULATION
Filed: August 16, 2023
For information only: Made by the Minister of Agriculture and Irrigation (M.O.
16/2023) on August 10, 2023 pursuant to
section 23 of the Marketing of Agricultural
Products Act.
Table of Contents
Definitions
2 Designation of agricultural product
Part 1
General Operation of Plan
Division 1
Plan
3 Plan continued
4 Termination of Plan
5 Application of Plan
6 Purpose and intent of Plan
Division 2
Administration of Plan by the Board
7 Board continued
8 Functions of Board
9 Regulations to operate Plan
10 Financing of Plan
11 Indemnification funds
Part 2
Governance of Plan
Division 1
Board
12 Composition of Board
13 Insufficient number of voters
14 Election irregularities
15 Vacancy
Division 2
Areas
16 Areas
17 Delegates for an area
18 Executive committee
Part 3
Transitional, Review and Repeal
19 Transitional
20 Review
21 Repeal
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "area" means an area referred to in
section 16;
(c) "Board" means the Board continued under
section 7;
(d) "bylaws" means the bylaws made by the Board pursuant to
section 26(2.1) of the Act;
(e) "Council" means the Alberta Agricultural Products
Marketing Council;
(f) "family" means family as defined in the Sugar Beet
Production and Marketing Regulation (AR 287/97);
(g) "fodder beet" means a sugar beet produced in Alberta for
consumption by livestock owned or leased by the producer or
a family member of the producer;
(h) "licensed processor" means a person who holds a processor's
licence under the Sugar Beet Production and Marketing
Regulation (AR 287/97);
(i) "marketing" means
(
i) buying, selling, offering for sale, storing, grading,
packing, transporting or advertising, and
(ii) includes any other function or activity designated as
marketing by the Lieutenant Governor in Council;
(j) "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);
(k) "Plan" means the Sugar Beet Marketing Plan amended and
continued under
section 3;
(l) "processing" means changing the nature or form of the
regulated product;
(m) "processor" means any person who utilizes or purchases the
regulated product and holds a processor's licence;
(n) "producer" means a person who produces sugar beets;
(o) "registered producer" means a producer who is registered
with the Board and has been allotted a quota;
(p) "regulated product" means sugar beets produced in Alberta;
(q) "special general meeting" means a special general meeting of
area delegates or registered producers held in accordance
with the bylaws;
(r) "sugar beet" means a white beet scientifically defined as Beta
vulgaris.
Designation of agricultural product
2 Sugar beets are designated as an agricultural product for the
purposes of the Act.
Part 1
General Operation of Plan
Division 1
Plan
Plan continued
3 The Sugar Beet Marketing Plan continued under the Sugar Beet
Marketing Plan Regulation (AR 275/97) is amended and continued
under this Regulation with the name "Sugar Beet Marketing Plan".
Termination of Plan
4 This Plan does not terminate at the conclusion of a specific period
of time and shall remain in force unless otherwise terminated pursuant
to the Act.
Application of Plan
5(1) This Plan applies
(
a) to all of Alberta;
(
b) to all persons who produce the regulated product within the
area described in the Schedule;
(
c) to all persons who market sugar beets through licensed
processors;
(
d) for the purposes of
section 9(1)(b), (c), (d), (
e) and (
g) and
(2)(e), (f), (g), (h), (i), (l), (
m) and (n), to licensed processors.
(2) Despite subsection (1), this Plan does not apply in respect of a
person who produces fodder beets in Alberta on one or more parcels of
land that are owned or leased by the person and that do not in the
aggregate exceed 40 acres, in respect of those fodder beets.
Purpose and intent of Plan
6(1) The purpose and intent of this Plan is to provide for the effective
control and regulation, in all respects, of the production and marketing
of sugar beets in Alberta, to the extent of the powers conferred on the
Board.
(2) Without limiting the generality of subsection (1), the purposes of
this Plan are the following:
(
a) to establish the negotiating agencies to adopt or settle matters
regarding prices and the terms, conditions and form of
agreements relating to the marketing of sugar beets;
(
b) to establish a system of quotas for the production or
marketing, or both, of sugar beets;
(
c) to provide for the licensing of
(
i) processors, and
(ii) registered producers;
(
d) to establish and maintain a system of marketing whereby
sugar beets are marketed through processors in accordance
with this Plan and the regulations made in respect of this
Plan;
(
e) to initiate and carry out projects or programs to commence,
stimulate, increase or improve the production or marketing,
or both, of sugar beets or any product resulting from the
processing of sugar beets;
(
f) to support and cooperate with other organizations having
objectives similar to or compatible with the objectives of the
Board;
(
g) to fund, initiate, conduct or carry on research and
development 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.
Division 2
Administration of Plan by the Board
Board continued
7 The board known as the "Alberta Sugar Beet Growers" is
continued.
Functions of Board
8(1) The Board, subject to the Act, is responsible for the operation,
regulation, supervision and enforcement of this Plan.
(2) In accordance with
section 50 of the Act, the Board, with respect
to the production or marketing, or both, of the regulated product, may
be authorized by the Council to perform any function or duty and
exercise any power imposed or conferred on the Board by or under the
Agricultural Products Marketing Act (Canada) or the Farm Products
Agencies Act (Canada), or both of them.
Regulations to operate Plan
9(1) The Board is authorized under
section 26(1) of the Act to make,
with the approval of the Council, regulations
(
a) requiring producers engaged in the production or marketing,
or both, of sugar beets to register their names and addresses
with the Board;
(
b) requiring any person who produces, markets or processes
sugar beets to furnish to the Board any information or record
relating to the production, marketing or processing of sugar
beets that the Board considers necessary;
(
c) requiring persons to be licensed under this Plan before they
become engaged in the production, marketing and
processing, or any one or more of those functions, of sugar
beets;
(
d) prohibiting persons from engaging in the production,
marketing or processing, as the case may be, of sugar beets
except under the authority of a licence issued under this Plan;
(
e) governing the issuance, suspension or cancellation of a
licence issued under this Plan;
(
f) providing for
(
i) the assessment, charging and collection of service
charges, levies and licence fees, as the case may be,
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, levies or licence fees, as the case may
be;
(
g) requiring any processor who receives sugar beets from a
producer
(
i) to deduct from the money payable to the producer any
service charges, licence fees or levies, as the case may
be, payable by the producer to the Board, and
(ii) to forward the amount deducted to the Board;
(
h) providing for the use of any class of service charges, levies or
other money payable to or received by the Board for the
purpose of paying its expenses and administering this Plan
and the regulations made by the Board;
(
i) permitting the Board to exercise any one or more of the
powers that are vested in a cooperative under the
Cooperatives Act.
(2) The Board is authorized under
section 27(1) of the Act to make,
with the approval of the Council, regulations
(
a) requiring that the production or marketing, or both, of sugar
beets be conducted pursuant to a quota;
(
b) governing
(
i) the fixing and allotting of quotas,
(ii) the increase or reduction of quotas,
(iii) the cancelling of quotas, and
(iv) the refusal to fix and allot quotas,
to producers for the production or marketing, or both, of
sugar beets on any basis that the Board considers appropriate;
(
c) governing the transferability or non-transferability of quotas
and prescribing the conditions and procedures applicable to
the transfer of quotas, if any, that the Board considers
appropriate;
(
d) establishing
(
i) a formula for determining the amount of sugar beets
deemed to have been produced or marketed by a
producer, and
(ii) the period of time in respect of which the formula is to
be applied,
for the purposes of determining the amount of sugar beets
produced or marketed by a producer during a period of time;
(
e) providing for
(
i) the assessment, charging and collection of a levy from
any producer whose production or marketing, or both,
of sugar beets is in excess of the quota that has been
fixed and allotted to that producer, and
(ii) the taking of legal action to enforce payment of the
levy;
(
f) directing, controlling or prohibiting, as the case may be, the
production or marketing, or both, of sugar beets or any class,
variety, size, grade or kind of sugar beets in such manner as
the Board considers appropriate;
(
g) regulating and controlling the production or marketing, or
both, of sugar beets, including the times and places at which
sugar beets may be produced or marketed;
(
h) providing
(
i) for the operation of one or more pools for the
distribution of all money payable to the producers from
the sale of sugar beets, and
(ii) for the deduction of reasonable and proper
disbursements and expenses with respect to the
operation of the pool;
(
i) providing for the collection from any person by legal action
of money owing to a producer for sugar beets;
(
j) prohibiting a person to whom a quota has not been fixed and
allotted for the production or marketing, or both, of sugar
beets from producing or marketing, as the case may be, any
sugar beets;
(
k) prohibiting a producer to whom a quota has been fixed and
allotted for the production or marketing, or both, of sugar
beets from producing or marketing, as the case may be, any
sugar beets in excess of that quota;
(
l) prohibiting any person from purchasing or otherwise
acquiring any sugar beets from a producer that are in excess
of the quota that has been fixed and allotted to the producer
for the production or marketing, or both, of sugar beets;
(
m) prohibiting any person from purchasing or otherwise
acquiring any sugar beets from a person to whom a quota has
not been fixed and allotted for the production or marketing,
or both, of sugar beets;
(
n) prohibiting any person from marketing or processing any
sugar beets that have not been sold by or through the Board.
Financing of Plan
10(1) This Plan shall be financed by the charging and collection of
service charges, levies and licence fees from producers and by any
other money payable to or received or accrued by the Board.
(2) In accordance with the regulations,
(
a) the amount of a service charge and the method by which it
will be assessed shall be prescribed by the Board from time
to time,
(
b) the licensed processor shall deduct the service charge from
the first payment due to the registered producer from the
licensed processor and shall forward the service charge to the
Board,
(
c) the Board may invoice a producer for service charges owing
for a crop year where the producer has been granted a leave
of absence from producing sugar beets for that crop year, and
(
d) the amount of a licence fee and the method by which it will
be assessed and collected shall be prescribed by the Board
from time to time.
Indemnification funds
11(1) The Board may establish one or more funds under
section 34 of
the Act.
(2) In order to finance the funds, the Board may raise amounts in
accordance with
section 34 of the Act.
(3) A fund shall not be established under
section 35 of the Act.
Part 2
Governance of Plan
Division 1
Board
Composition of Board
12(1) The Board shall consist of 8 registered producers as follows,
elected or appointed in accordance with this Plan and the bylaws:
(
a) one individual to represent each area, elected by the
registered producers in each area during an area general
meeting or appointed in accordance with
section 15(1)(a)(ii);
(
b) one individual as chair, elected by the area delegates and
members of the Board at the annual general meeting of the
Board, or elected or appointed in accordance with the bylaws
referred to in
section 15(1)(b).
(2) In addition to the registered producers elected or appointed under
subsection (1), the Board may, by bylaw, establish a director at large
position, elected by the area delegates at the annual general meeting of
the Board in accordance with the bylaws or appointed in accordance
with
section 15(1)(c).
Insufficient number of voters
13(1) If an election for a position is held under this Plan and there is
an insufficient number of eligible voters, as determined by the bylaws,
(
a) the election is void, and
(
b) the position for which the election was held remains vacant.
(2) Notwithstanding that an election is void under subsection (1) and a
position remains vacant, the bylaws may provide that the term of office
of the position is deemed to have commenced as if an individual had
been elected to the position.
(3) If a position is vacant under subsection (1), the position may be
filled
(
a) by electing or appointing an individual in accordance with
section 15(1), in the case of a vacancy on the Board, or
(
b) in accordance with the bylaws, in the case of an area delegate
vacancy.
Election irregularities
14(1) If a registered producer questions
(
a) the eligibility of a candidate,
(
b) the eligibility of a voter,
(
c) any matter relating to a ballot or the tabulation of ballots, or
(
d) any other irregularity with respect to the conduct of an
election,
that registered producer, not later than 15 days after the date of the
election, may apply in writing to the Council to have the election
declared invalid and the position declared vacant.
(2) If the Council has not received an application under subsection
(1) within the 15-day period referred to in subsection (1), an individual
elected at that election is deemed to be duly elected.
(3) The Council shall not consider an application under subsection
(1) that is not received by the Council within the 15-day period referred to
in subsection (1).
(4) 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 the Plan, the bylaws 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.
(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 general meeting be held and an election conducted
to fill the vacant position for the unexpired portion of the
term, or
(
b) in the case of an election to the Board, notify the Board that
the position is vacant and that the Board may fill the vacant
position in accordance with
section 15(1).
(6) Notwithstanding that an election is declared void and a position is
declared vacant under subsection (4)(c), the bylaws may provide that
the term of office of the position is deemed to have commenced as if
an individual had been elected to the position.
Vacancy
15(1) Subject to
section 14(5), if a vacancy occurs on the Board,
(
a) in the case of a registered producer who represents an area,
the executive committee of the area affected
(
i) may conduct a special election in accordance with the
bylaws to fill the vacant position, or
(ii) with the approval of the Council, may appoint from
among the registered producers who are eligible to be
elected to the Board an individual to serve as a member
of the Board,
(
b) in the case of the chair, the position may be filled in
accordance with the bylaws, and
(
c) in the case of a director at large, the Board, with the approval
of the Council, may appoint an individual from among the
registered producers who are eligible to be elected to the
Board.
(2) An individual elected or appointed under subsection (1) serves for
the unexpired portion of the term.
Division 2
Areas
Areas
16 For the purposes of this Plan and the bylaws, that portion of
Alberta in which the production of sugar beets occurs is divided into 7
areas as set out in the Schedule.
Delegates for an area
17 The registered producers within an area shall elect area delegates
to represent those registered producers in accordance with this Plan
and the bylaws.
Executive committee
18 Each area shall have an executive committee established in
accordance with the bylaws.
Part 3
Transitional, Review and Repeal
Transitional
19 An area delegate or director of the Board holding office
immediately before the coming into force of this Regulation continues
to hold office until the expiry of the individual's term of office in
accordance with the Plan and the bylaws unless
(
a) the individual is removed or resigns from office,
(
b) the bylaws eliminate that office, or
(
c) the bylaws reduce the term of office for that position.
Review
20 In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before November 30, 2030.
Repeal
21 The Sugar Beet Marketing Plan Regulation (AR 275/97) is
repealed.
Schedule
Coaldale Area
1 The Coaldale Area consists of all the land included within the
boundary commencing at and proceeding from the north-east corner of
section 25, Township 10, Range 20, west along the south side of the
Oldman River to its source at the Alberta-British Columbia border,
south along the Alberta-British Columbia border to the United States
border, east along the Alberta-United States border to the south-east
corner of
section 1, Township 1, Range 15, north to the north-west
corner of
section 31, Township 6, Range 14, west to the south-west
corner of
section 6, Township 7, Range 19, and north to the north-east
corner of
section 25, Township 10, Range 20.
Tempest Area
2 The Tempest Area consists of all the land included within the
boundary commencing at and proceeding from the north-west corner
section 30, Township 10, Range 19, east along the south side of the
Oldman River to the north-east corner of the south-east quarter of
section 36, Township 10, Range 19, south to the north-east corner of
the south-east quarter of
section 12, Township 9, Range 19, east along
the south side of the Chin Reservoir to the north-east corner of
section
13, Township 7, Range 15, south to the south-east corner of
section 1,
Township 7, Range 15, west to the south-west corner of
section 6,
Township 7, Range 19, and north to the north-west corner of
section
30, Township 10, Range 19.
Picture Butte Area
3 The Picture Butte Area consists of all the land included within the
boundary commencing at and proceeding from the north-east corner of
section 1, Township 11, Range 19, north to the north-east corner of
section 36, Township 13, Range 19, west along the division line
between Townships 13 and 14 to the north-west corner of
section 31,
Township 13, Range 24, south to the Oldman River, and east along the
north side of the Oldman River to the north-east corner of
section 1,
Township 11, Range 19.
Taber Area
4 The Taber Area consists of
(
a) all the land included within the boundary commencing at and
proceeding from the north-west corner of
section 31,
Township 11, Range 18, east along the division line between
Townships 11 and 12 to the Oldman River, south along the
west side of the Oldman River to the south-west corner of
section 18, Township 10, Range 16, east to the south-west
corner of
section 16, Township 10, Range 16, south to the
south-west corner of
section 33, Township 7, Range 16, west
along the north side of the Chin Reservoir to the north-west
corner of
section 7, Township 9, Range 18, north to the
intersection point with the north side of the Oldman River,
west along the north side of the Oldman River to the
north-west corner of
section 6, Township 11, Range 18, and
north along the division line between Ranges 18 and 19 to
the north-west corner of
section 31, Township 11, Range 18,
and
(
b) all the land included within the boundary commencing at and
proceeding from the south-west corner of
section 18,
Township 10, Range 16, east along the south side of the
Oldman River to the north-west corner of the north-east
quarter of
section 35, Township 11, Range 16, east along the
division line between Townships 11 and 12 to the Bow
River, south along the west side of the Bow/South
Saskatchewan River to the north-east corner of the south-east
quarter of
section 12, Township 11, Range 13, south to the
south-east corner of
section 1, Township 11, Range 13, east
to the north-east corner of
section 36, Township 10, Range
13, south to the south-east corner of the north-east quarter of
section 1, Township 7, Range 13, west along the north side of
the Chin Reservoir to the south-west corner of
section 33,
Township 7, Range 16, north to the south-west corner of
section 16, Township 10, Range 16, and west to the
south-west corner of
section 18, Township 10, Range 16.
Burdett-Bow Island Area
5 The Burdett Bow Island Area consists of all the land included
within the boundary commencing at and proceeding from the
north-east corner of the south-east quarter of
section 12, Township 11,
Range 13, south to the south-east corner of
section 1, Township 11,
Range 13, east to the north-east corner of
section 36, Township 10,
Range 13, south to the south-east corner of the north-east quarter of
section 1, Township 7, Range 13, west along the south side of the Chin
Reservoir to the north-west corner of
section 18, Township 7, Range
14, south to the Alberta-United States border, east to the
Alberta-Saskatchewan border, north along the Alberta-Saskatchewan
border to the South Saskatchewan River, west along the south side of
the South Saskatchewan River to the north-west corner of
section 35,
Township 11, Range 11, west along the division line between
Townships 11 and 12 to the Bow River and south along the east side of
the Bow/South Saskatchewan River to the north-east corner of the
south-east quarter of
section 12, Township 11, Range 13.
Vauxhall Area
6 The Vauxhall Area consists of all the land east of the division line
between Ranges 17 and 18 and north of the division line between
Townships 11 and 12, excepting the land included in the Burdett Bow
Island Area.
Enchant Area
7 The Enchant Area consists of all the land west of the division line
between Ranges 17 and 18 and north of the division line between
Townships 11 and 12, excepting the land included in the Picture Butte
Area and the Coaldale Area.