Alberta Regulation 153/2015

Gas Resources Preservation Act

APPROVAL OF SHORT-TERM PERMITS (EXTENSION OF

EXPIRY DATE) AMENDMENT REGULATION

Filed: October 16, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 228/2015)

on October 16, 2015 pursuant to

section 13 of the Gas Resources Preservation Act.

1 The Approval of Short-Term Permits Regulation

(AR 334/2002) is amended by this Regulation.

Section 3 is amended by striking out "October 31, 2015"

and substituting "October 31, 2017".

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

Alberta Regulation 154/2015

Security Services and Investigators Act

SECURITY SERVICES AND INVESTIGATORS

AMENDMENT REGULATION

Filed: October 16, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 233/2015)

on October 16, 2015 pursuant to

section 47 of the Security Services and Investigators

Act.

1 The Security Services and Investigators Regulation

(AR 52/2010) is amended by this Regulation.

Section 9 is amended by adding the following after

subsection (1):

(2) Notwithstanding the individual licensee's licence authorizing

equipment the individual licensee may use, a business licensee may

limit or restrict the equipment the individual licensee employed or

engaged for services by that business licensee may carry and use.

(3) A business licensee may permit the use of additional equipment,

other than the equipment listed under subsection (1), to an individual

licensee employed or engaged for services by the business licensee.

Alberta Regulation 155/2015

Safety Codes Act

SAFETY CODES (PERSONS WITH DEVELOPMENTAL DISABILITIES

RESIDENCES) EXEMPTION ORDER

Filed: October 20, 2015

For information only: Made by the Minister of Municipal Affairs (M.O. P:010/15)

on October 14, 2015 pursuant to

section 2(2) of the Safety Codes Act.

1(1) In this Order,

(a) "building" means a building as defined in the Safety Codes

Act, that is designed for residential occupancy;

(b) "Building Code" means the Alberta Building Code 2014 as

declared in force by the Building Code Regulation

(AR 31/2015);

(c) "care occupancy" means a care occupancy as defined in the

Fire Code or the Building Code;

(d) "Fire Code" means the Alberta Fire Code 2014 as declared in

force by the Fire Code Regulation (AR 32/2015);

(e) "residence" means

(

i) a residence as defined in the Persons with

Developmental Disabilities Safety Standards Regulation

(AR 229/2013), and

(ii) a residence intended for permanent residential living at

which family-managed services are provided in order to

assist an adult with developmental disabilities, whether

or not the family owns or leases the building or unit;

(f) "residential occupancy" means a residential occupancy as

defined in the Fire Code or the Building Code;

(g) "treatment occupancy" means a treatment occupancy as

defined in the Fire Code or the Building Code.

(2) A building containing a residence that is occupied for use as a care

occupancy or a treatment occupancy

(

a) must meet the requirements of the Fire Code for a residential

occupancy, and

(

b) is exempt from all other requirements of the Fire Code.

(3) A building containing a residence that is occupied for use as a care

occupancy or a treatment occupancy

(

a) must meet the requirements of the Building Code for a

residential occupancy, and

(

b) is exempt from

(

i) all other requirements of the Building Code, and

(ii) the requirement to obtain a permit for a change in

occupancy under the Permit Regulation (AR 204/2007).

(4) Subsections (2) and (3) do not apply to a building containing a

residence in which a person receiving services pursuant to the Persons

with Developmental Disabilities Services Act

(

a) is, as a part of the person's service plan, locked in the

residence in such a way that the person cannot egress without

assistance from the staff of the residence, or

(

b) is dependent on the staff of the residence as the person's only

means of egress in the event of a fire.

2 This Order expires on March 31, 2016.

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

Alberta Regulation 156/2015

Safety Codes Act

EXEMPTION AMENDMENT REGULATION

Filed: October 21, 2015

For information only: Made by the Minister of Municipal Affairs (M.O. P:006/15)

on October 16, 2015 pursuant to

section 2(2) of the Safety Codes Act.

1 The Exemption Regulation (AR 351/2003) is amended by

this Regulation.

Section 5 is amended by striking out "Alberta Fire Code

2006" wherever it occurs and substituting "Alberta Fire Code

2014".

Section 10.1 is amended

(

a) in subsection (1)

(

i) by repealing clause (

a) and substituting the

following:

(a) "Alberta Building Code 2014" means the Alberta

Building Code 2014 declared in force by

section 1

of the Building Code Regulation (AR 31/2015);

(ii) in clause (

b) by striking out "Alberta Building

Code 2006" and substituting "Alberta Building Code

2014";

(

b) in subsection (2)

(

i) by striking out "(AR 117/2007)" and substituting

"(AR 31/2015)";

(ii) by striking out "Alberta Building Code 2006" and

substituting "Alberta Building Code 2014";

(iii) in clause (e)(ii) by striking out "(AR 118/2007)"

and substituting "(AR 32/2015)";

(

c) in subsection (3) by striking out "Alberta Building

Code 2006" and substituting "Alberta Building Code

2014".

Section 12 is amended by striking out "November 30, 2015"

and substituting "November 30, 2020".

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

Alberta Regulation 157/2015

Fisheries (Alberta) Act

FISHERIES (MINISTERIAL) (EXPIRY DATE EXTENSION, 2015)

AMENDMENT REGULATION

Filed: October 21, 2015

For information only: Made by the Minister of Environment and Parks

(M.O. 34/2015) on October 20, 2015 pursuant to

section 44 of the Fisheries (Alberta)

Act.

1 The Fisheries (Ministerial) Regulation (AR 220/97) is

amended by this Regulation.

Section 7 is amended by striking out "October 31, 2015"

and substituting "October 31, 2016".

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

Alberta Regulation 158/2015

Personal Property Security Act

PERSONAL PROPERTY SECURITY AMENDMENT REGULATION

Filed: October 23, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 242/2015)

on October 22, 2015 pursuant to

section 73 of the Personal Property Security Act.

1 The Personal Property Security Regulation (AR 95/2001)

is amended by this Regulation.

Section 70 is repealed.

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

Alberta Regulation 159/2015

Personal Property Security Act

PERSONAL PROPERTY SECURITY FORMS AMENDMENT REGULATION

Filed: October 23, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 243/2015)

on October 22, 2015 pursuant to

section 73 of the Personal Property Security Act.

1 The Personal Property Security Forms Regulation

(AR 231/2002) is amended by this Regulation.

Section 3 is repealed.

Alberta Regulation 160/2015

Alberta Investment Management Corporation Act

ALBERTA INVESTMENT MANAGEMENT CORPORATION

AMENDMENT REGULATION

Filed: October 23, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 246/2015)

on October 22, 2015 pursuant to

section 20 of the Alberta Investment Management

Corporation Act.

1 The Alberta Investment Management Corporation

Regulation (AR 225/2007) is amended by this Regulation.

Section 2(1) and (2) are repealed and the following is

substituted:

Term of appointment

2(1) A director may be appointed for a term not exceeding 3 years

and is eligible for reappointment if the reappointment does not result

in the director serving more than 10 years.

(2) Subject to the 10-year maximum established by subsection

(1) and notwithstanding

section 3(1)(c), a director continues to hold

office after the expiry of the director's term until

(

a) the director is reappointed,

(

b) a successor is appointed, or

(

c) a period of 6 months has elapsed,

whichever occurs first.

Section 3(1) is amended

(

a) by striking out "or" at the end of clause (b);

(

b) by repealing clause (

c) and substituting the

following:

(

c) the director's appointment expires, or

(

d) the director's appointment is terminated by the

Lieutenant Governor in Council.

Alberta Regulation 161/2015

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITY MEMBERSHIP

AMENDMENT REGULATION

Filed: October 23, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 247/2015)

on October 22, 2015 pursuant to

section 23 of the Regional Health Authorities Act.

1 The Regional Health Authority Membership Regulation

(AR 164/2004) is amended by this Regulation.

Section 3(2) is repealed and the following is substituted:

(2) With respect to each regional health authority, the Minister

(

a) shall designate one of the members as chair, and

(

b) may designate one of the members as vice-chair.

(2.1) If the Minister has not designated a vice-chair, the members

may designate a vice-chair from among themselves, but the

designation ceases to be effective when a designation made by the

Minister under subsection (2)(

b) takes effect.

Section 5(1), (3), (5) and (6) are repealed.

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

Alberta Regulation 162/2015

Special Areas Act

SPECIAL AREAS SERVICE FEES AMENDMENT REGULATION

Filed: October 23, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 248/2015)

on October 22, 2015 pursuant to

section 5 of the Special Areas Act.

1 The Special Areas Service Fees (Expiry Date Extension)

Amendment Regulation (AR 143/2015) is amended by this

Regulation.

Section 2 is amended by striking out "Section 5" and

substituting "Section 4".

Alberta Regulation 163/2015

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: October 23, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 250/2015)

on October 22, 2015 pursuant to sections 16, 17 and 18 of the Government

Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 80/2012) is amended by this Regulation.

Section 1 is renumbered as

section 1(1) and the

following is added after subsection (1):

(2) The responsibility for the following enactments is transferred to

the President of Executive Council:

(

a) Constitutional Referendum Act;

(

b) section 11 of the Government Organization Act and sections

6 and 7 of

Schedule 6 to the Government Organization Act;

(

c) Senatorial Selection Act.

(3) The responsibility for

section 1 of

Schedule 6 to the Government

Organization Act is transferred to the common responsibility of the

President of Executive Council and the Minister of Economic

Development and Trade.

(4) The responsibility for that part of the public service associated

with the parts of the appropriation transferred under subsection (5) is

transferred to the President of the Executive Council.

(5) The responsibility for the administration of the unexpended

balance of program 2, Intergovernmental Relations, except the

portion transferred to the responsibility of the Minister of Economic

Development and Trade under

section 4.1(6)(b), of the 2015-16

Government appropriation under the Appropriation (Interim Supply)

Act, 2015 (No.2) for International and Intergovernmental Relations is

transferred to the President of Executive Council.

3 The following is added after

section 2:

Advanced Education

2.1(1) The responsibility for the following enactments is transferred

to the Minister of Advanced Education:

(

a) Access to the Future Act;

(

b) Alberta Centennial Education Savings Plan Act;

(

c) Alberta Heritage Scholarship Act;

(

d) Apprenticeship and Industry Training Act;

(

e) sections 1 and 2 of

Schedule 1 and

section 2 of

Schedule 3 to

the Government Organization Act;

(

f) Post-secondary Learning Act, except sections 66(2) and (3),

67, 72(3) and (4), 73, 80 and 99(1)(

a) and (2) to (6);

(

g) Private Vocational Training Act;

(

h) Student Financial Assistance Act.

(2) The responsibility for the following enactments is transferred to

the common responsibility of the Minister of Advanced Education and

the Minister of Infrastructure:

(

a) section 3 of

Schedule 1 to the Government Organization Act;

(b) sections 72(3) and (4), 73, 80 and 99(1)(

a) and (2) to (6) of

the Post-secondary Learning Act.

(3) The powers, duties and functions of the Minister in the

Innovation and Advanced Education Grants Regulation

(AR 121/2008) are transferred to the common responsibility of the

Minister of Advanced Education and the Minister of Jobs, Skills,

Training and Labour.

(4) The responsibility for that part of the public service associated

with the parts of the appropriation transferred under subsection (5) is

transferred to the Minister of Advanced Education.

(5) The responsibility for the administration of the unexpended

balance of the following parts of the 2015-16 Government

appropriation under the Appropriation (Interim Supply) Act, 2015

(No.2) for Innovation and Advanced Education is transferred to the

Minister of Advanced Education:

(

a) program 1, Ministry Support Services, except the portion

transferred to the Minister of Economic Development and

Trade under

section 4.1(7)(a);

(

b) program 2, Support for Adult Learning;

(

c) program 3, Apprenticeship Delivery;

(

d) program 4, Student Aid.

4 The following is added after

section 4:

Economic Development and Trade

4.1(1) The responsibility for the following enactments is transferred

to the Minister of Economic Development and Trade:

(

a) Alberta Competitiveness Act;

(

b) Alberta Economic Development Authority Act;

(

c) Alberta Enterprise Corporation Act;

(

d) Alberta Research and Innovation Act, except sections 9(2),

(3) and (4), 10, 12(1) and 13(

a) and (b);

(

e) sections 2 to 4.4 of

Schedule 6 to and

Schedule 6.1 to the

Government Organization Act;

(

f) International Interests in Mobile Aircraft Equipment Act;

(

g) International Trade and Investment Agreements

Implementation Act;

(

h) Settlement of International Investment Disputes Act.

(2) The powers, duties and functions of the Minister in sections

9(2), (3) and (4), 10 and 13(

a) and (

b) of the Alberta Research and

Innovation Act and the powers, duties and functions of the Minister

of Enterprise and Advanced Education in

section 12(1) of the

Alberta Research and Innovation Act are transferred to the common

responsibility of the Minister of Economic Development and Trade

and the Minister of Health.

(3) The powers, duties and functions of the Minister in sections

3(7), 7(2), 8(2), 9, 10(1), 12(3), 13, 14 and 15 of the Alberta

Research and Innovation Regulation (AR 203/2009) are transferred

to the common responsibility of the Minister of Economic

Development and Trade and the Minister of Health.

(4) The powers, duties and functions of the Minister in the

International and Intergovernmental Relations Grant Regulation

(AR 5/2002) are transferred to the responsibility of the Minister of

Economic Development and Trade.

(5) The responsibility for that part of the public service associated

with the parts of the appropriation transferred under subsections

(6) and (7) is transferred to the Minister of Economic Development and

Trade.

(6) The responsibility for the administration of the unexpended

balance of the following parts of the 2015-16 Government

appropriation under the Appropriation (Interim Supply) Act, 2015

(No.2) for International and Intergovernmental Relations is

transferred to the Minister of Economic Development and Trade:

(

a) program 1, Ministry Support Services;

(

b) the portion of program 2, Intergovernmental Relations,

related to Trade Policy;

(

c) program 3, International Relations.

(7) The responsibility for the administration of the unexpended

balance of the following parts of the 2015-16 Government

appropriation under the Appropriation (Interim Supply) Act, 2015

(No.2) for Innovation and Advanced Education is transferred to the

Minister of Economic Development and Trade:

(

a) the portion of program 1, Ministry Support Services, related

to Alberta Research and Innovation Authority and Research

and Innovation Council support;

(

b) program 5, Technology and Industry Partnerships;

(

c) program 6, Economic Development and Innovation;

(

d) program 7, 2013 Alberta Flooding.

5 Sections 11.1 and 12 are repealed.

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

Alberta Regulation 164/2015

Nursing Homes Act

NURSING HOMES OPERATION (EXTENSION OF EXPIRY DATE)

AMENDMENT REGULATION

Filed: October 27, 2015

For information only: Made by the Minister of Health (M.O. 25/2015) on October

26, 2015 pursuant to

section 24 of the Nursing Homes Act.

1 The Nursing Homes Operation Regulation (AR 258/85) is

amended by this Regulation.

Section 23.1 is amended by striking out "October 31, 2015"

and substituting "April 30, 2017".

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

Alberta Regulation 165/2015

Traffic Safety Act

DRIVER TRAINING AND DRIVER EXAMINATION (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: October 29, 2015

For information only: Made by the Minister of Transportation (M.O. 23/15) on

September 22, 2015 pursuant to

section 64 of the Traffic Safety Act.

1 The Driver Training and Driver Examination Regulation

(AR 316/2002) is amended by this Regulation.

Section 62 is amended by striking out "November 1, 2015"

and substituting "November 1, 2016".

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

Alberta Regulation 166/2015

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS MARKETING

AMENDMENT REGULATION

Filed: October 30, 2015

For information only: Made by the Alberta Chicken Producers on June 16, 2015 and

approved by the Alberta Agricultural Products Marketing Council on June 17, 2015

pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Alberta Chicken Producers Marketing Regulation

(AR 3/2000) is amended by this Regulation.

2 The following is added after

section 41.4:

Specialty Chicken Lease Program

41.5(1) For the purposes of this section,

(a) "A-Period" means the national allocation period as published

in the Chicken Farmers of Canada's allocation calendar;

(b) "authorized specialty chicken producer" means an authorized

producer who holds a valid specialty chicken licence and a

valid specialty chicken certificate;

(c) "quota" means quota as defined in

section 1(

p) of the Alberta

Chicken Producers' Plan Regulation (AR 70/93);

(d) "specialty chicken" means chicken belonging to any class

listed in

Schedule 4 of the Canadian Chicken Licensing

Regulations SOR/2002-22;

(e) "specialty chicken certificate" means the certificate issued by

Alberta Chicken Producers to authorized producers certified

annually to place and market specialty chicken in Alberta;

(f) "specialty chicken commitment form" means the form set out

in

Schedule 5 of the Canadian Chicken Licensing

Regulations SOR/2002-22;

(g) "specialty chicken licence" means the specialty chicken

licence issued by the Chicken Farmers of Canada to an

authorized producer under the Canadian Chicken Licensing

Regulations SOR/2002-22;

(h) "specialty lease price" means the lease price per kilogram of

live-weight chicken that is to be paid to the Board for a lease

of specialty production quota by an authorized specialty

chicken producer;

(i) "specialty production quota" means the live-weight

kilograms of specialty chicken allotted on behalf of the

Chicken Farmers of Canada to the Board to lease to an

authorized specialty chicken producer.

(2) The Board may establish and operate a Specialty Production Lease

Program under which authorized specialty chicken producers may

apply for leases of specialty production quota at lease prices

determined by the Board.

(3) For the purpose of this section, the Board may establish the

following by Board order, directive or policy:

(

a) the criteria for applicant eligibility;

(

b) the criteria for establishing the lease price per kilogram of

live-weight chicken;

(

c) the lease price per kilogram of live-weight chicken that is to

be paid to the Board for specialty production quota;

(

d) the times within which applications for leases of specialty

production quota and acceptance of offers to lease specialty

production quota are to be made to the Board, and the format

of the application required by the Board.

(4) An authorized specialty chicken producer may apply to the Board

for a lease of specialty production quota in the form established by or

that is otherwise acceptable to the Board by a date set by the Board.

(5) An application made under subsection (4)

(

a) must specify the premises and production facilities at which

the applicant intends to carry out the specialty chicken

production,

(

b) must specify the breed or breeds of chicken the applicant

intends to produce,

(

c) must provide written confirmation to the Board that a

licensed hatchery will supply the chicks,

(

d) must contain written confirmation to the Board that a

licensed provincially or federally inspected processor will

process the chicken, and

(

e) must contain any other information that the Board requests.

(6) As soon as practical after the closing date for the receipt of

specialty chicken commitment forms for specialty production lease

under the Canadian Chicken Licensing Regulations SOR/2002-22,

(

a) the Board is to consider all specialty chicken commitment

forms and determine whether they meet the criteria for the

purposes of being leased specialty production quota,

(

b) on determining that a specialty chicken commitment form is

acceptable, the Board will submit the specialty chicken

commitment form to the Chicken Farmers of Canada, and

(

c) upon confirmation from the Chicken Farmers of Canada that

the specialty chicken commitment form has been approved,

the Board is to advise the applicant of the following:

(

i) that the application has been accepted;

(ii) the live kilogram volume of specialty production quota

approved for the applicant to lease;

(iii) the lease price for the specialty production quota

approved for the applicant to lease.

(7) Once an applicant accepts the offer by the Board to lease specialty

production quota and the applicant has remitted payment to the Board

for the live kilograms of the specialty production quota,

(

a) the Board is to lease the live kilograms of the specialty

production quota to the applicant, and

(

b) the specialty production quota becomes effective on the first

day of the A-Period for which the quota is granted.

(8) The Board may refuse to grant a lease of specialty production

quota to an applicant if, in the Board's opinion,

(

a) the applicant fails to meet the requirements of the Canadian

Chicken Licensing Regulations SOR/2002-22,

(

b) the applicant lacks the experience, equipment or financial

responsibility to properly engage in specialty chicken

production,

(

c) the applicant fails to meet the criteria and requirements for

specialty production certification in Alberta,

(

d) the applicant fails to comply with any one or more of the

technical requirements of the On-Farm Food Safety

Assurance Program and the Animal Care Program,

(

e) the applicant has outstanding service charges or levies

payable to the Board, or

(

f) the applicant fails to meet the criteria for applicant eligibility

established by the Board as per subsection (3)(a).

(9) Where an authorized specialty chicken producer leases specialty

production quota, the following applies:

(

a) the production of chicken under the lease of specialty

production quota must take place at the certified production

facilities and premises identified in the application submitted

to the Board by that producer;

(

b) if the production facilities and premises at which the

production of the specialty chicken takes place are sold,

transferred, assigned, sub-leased or otherwise divided or

disposed of, the lease of that specialty production quota is

cancelled unless otherwise directed by the Board;

(

c) the lease of specialty production quota expires on the last day

of the A-Period in which the quota was leased;

(

d) all of the specialty chicken that is produced, or that is

authorized to be produced, under the lease of specialty

production quota is to be produced and marketed within the

production cycles established by the Board;

(

e) that producer must submit reports required by the Board

Office as per the Canadian Chicken Licensing Regulations

SOR/2002-22 and this Regulation;

(

f) in the case of any underproduction that is existing at the time

of the termination of that lease of specialty production quota,

(

i) where that producer is not an owner of quota,

(

A) that underproduction is not eligible to be carried

over and produced under any new lease of

specialty production quota that is granted to that

producer, and

(

B) the Board office will refund to the producer the

cost of the lease for that A-Period for up to 5% of

the producer's specialty production quota in effect

at the time of the marketing deficit;

(ii) where that producer is an owner of quota and that quota

is not being used for specialty production, that

underproduction of specialty chicken is not eligible to

be carried over and produced under any new lease of

specialty production quota that is granted to that

producer;

(iii) where that producer is an owner of quota and that quota

is being used for specialty chicken production,

(

A) that underproduction is not eligible to be carried

over and produced under any new lease of

specialty production quota that is granted to that

producer nor applied to any future marketing

cycles, and

(

B) the Board will refund to the producer the cost of

the lease for that A-Period for up to 5% of the

producer's specialty production quota in effect at

the time of the marketing deficit;

(

g) that producer is not to produce specialty production quota in

excess of the amount permitted to be marketed under that

lease of specialty production quota;

(

h) notwithstanding clause (g), in the case of that producer

marketing specialty chicken in excess of that which is

permitted under that lease of specialty production quota,

(

i) where that producer is not an owner of quota, that

overproduction is not eligible to be carried over and

applied to any new lease of specialty production quota

that is granted to that producer, and that person must

pay to the Board a levy that is equal to

(

A) the current specialty lease price for the period per

kilogram for each kilogram of specialty chicken

marketed in excess of 100% but less than the lower

range of the overproduction sleeve established by

the Board through a Board order, directive or

policy pursuant to

section 23.01,

(B) $0.44 a kilogram for each kilogram of specialty

chicken marketed in excess of the lower range of

the overproduction sleeve but less than the upper

range of the overproduction sleeve established by

the Board through a Board order, directive or

policy pursuant to

section 23.01, and

(C) $0.88 for each kilogram of specialty chicken

marketed in excess of the upper range of the

overproduction sleeve established by the Board

through a Board order, directive or policy pursuant

section 23.01;

(ii) where that producer is an owner of quota, and that quota

is not being used for specialty production, that producer

must pay to the Board a levy that is equal to

(A) $0.44 a kilogram for each kilogram of specialty

chicken marketed in excess of the lower range of

the overproduction sleeve but less than the upper

range of the overproduction sleeve established by

the Board through a Board order, directive or

policy pursuant to

section 23.01, and

(B) $0.88 for each kilogram of specialty chicken

marketed in excess of the upper range of the

overproduction sleeve established by the Board

through a Board order, directive or policy pursuant

section 23.01;

(iii) where that producer is an owner of quota and that quota

is used by that person, in whole or in part, for specialty

production,

(

A) that overproduction is not eligible to be carried

over and applied to any new lease of specialty

production quota that is granted to that producer,

and

(

B) that producer must pay to the Board a levy that is

equal to

(

I) the current specialty lease price for the period

per kilogram for each kilogram of specialty

chicken marketed in excess of 100% but less

than the lower range of the overproduction

sleeve established by the Board through a

Board order, directive or policy pursuant to

section 23.01,

(II) $0.44 a kilogram for each kilogram of

specialty chicken marketed in excess of the

lower range of the overproduction sleeve but

less than the upper range of the

overproduction sleeve established by the

Board through a Board order, directive or

policy pursuant to

section 23.01, and

(III) $0.88 for each kilogram of specialty chicken

marketed in excess of the upper range of the

overproduction sleeve established by the

Board through a Board order, directive or

policy pursuant to

section 23.01;

(

i) where that producer markets specialty chicken to a

provincially inspected processing facility, neither that

producer nor the provincially inspected processing facility is

permitted to engage in interprovincial sales or export of that

specialty chicken;

(

j) the following provisions apply to that producer:

section 3;

section 4;

section 5;

section 6;

section 7;

section 8;

section 9;

section 10;

-section 12;

section 17;

section 23.01;

section 26;

section 29;

section 30;

section 35;

section 36;

section 37;

section 38.

(10) The Specialty Production Lease Program is subject to the

following conditions:

(

a) after the program has been in operation for 3 years, the Board

is to present a report to producers for the purposes of

reviewing the program's effectiveness;

(

b) an authorized producer may only be granted leases of

specialty production quota for a maximum of one A-Period at

a time;

(

c) if the program is terminated by the Board, the maximum

amount of time for which an authorized producer may be

granted leases of specialty production quota is restricted to

the A-Period in which the program is terminated;

(

d) approval to produce and market specialty chicken and receipt

of a lease of specialty production quota is specific to the

producer who receives the lease for the particular A-Period

and a lease of specialty production quota cannot be leased-

out, transferred, sold or otherwise utilized.