Alberta Regulation 207/2001

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: November 16, 2001

Made by the Minister of Sustainable Resource Development (M.O. 42/2001) on

November 14, 2001 pursuant to

section 96 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.

Section 30(17) is amended by striking out ", 500 to 505, 507 and 508"

and substituting "and 500 to 510".

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

Alberta Regulation 208/2001

Apprenticeship and Industry Training Act

DESIGNATED OCCUPATIONS AMENDMENT REGULATION

Filed: November 19, 2001

Made by the Minister of Learning on November 15, 2001 pursuant to

section

36(1) of the Apprenticeship and Industry Training Act.

1 The Designated Occupations Regulation (AR 57/99) is amended by this

Regulation.

2 Sections 1.1 and 5 are repealed.

3 The following is added after

section 1:

Steel detailer

1.1 The occupation of steel detailer is designated as a designated

occupation.

Section 3 of this Regulation comes into force on January 1, 2002.

Alberta Regulation 209/2001

Government Organization Act

MOTOR VEHICLE PROPANE CONVERSIONS

ADMINISTRATION REGULATION

Filed: November 21, 2001

Made by the Lieutenant Governor in Council (O.C. 431/2001) on November 21,

2001 pursuant to

Schedule 10,

section 2 of the Government Organization Act.

Table of Contents

Definitions 1

Delegation 2

Authorization to assess and collect 3

Conditions 4

Limiting legal liability 5

Appeals 6

Records 7

Reporting 8

Repeal 9

Expiry 10

Coming into force 11

Definitions

1 In this Regulation,

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

(b) "Administration Agreement" means a written agreement made

between the Minister and the Organization, entitled Administration

Agreement;

(c) "Freedom of Information and Protection of Privacy Coordinator"

means an employee of the Government designated by the Deputy Minister as a

Freedom of Information and Protection of Privacy Coordinator;

(d) "Minister" means the Minister designated with the

responsibility for the administration of the Safety Codes Act and "Deputy

Minister" means the Deputy of that Minister;

(e) "motor vehicle propane conversion" means the installation,

repair or alteration of propane fuel system components and tanks on highway

vehicles, except for fuel systems on factory-equipped vehicles, for the

provision of motive power;

(f) "Organization" means the Alberta Propane Vehicle Administration

Organization incorporated under the Business Corporations Act;

(g) "permit" means a permit issued pursuant to the Motor Vehicle

Propane Conversions Regulation under the Safety Codes Act;

(h) "rules" means rules made by the Organization under

section 3 of

Schedule 10 of the Act;

(i) "safety codes officer" means a safety codes officer as defined

in the Safety Codes Act.

Delegation

2(1) The powers, duties and functions of

(

a) the Administrator under the Motor Vehicle Propane Conversions

Regulation under the Safety Codes Act, and

(

b) a safety codes officer under sections 30, 31, 34, 40, 42, 44,

45, 52(1) of the Safety Codes Act in respect of motor vehicle propane

conversions,

are delegated to the Organization.

(2) The Organization is authorized, with the consent of the Minister, to

provide advice to the Minister on the powers, duties and functions

delegated under this Regulation.

Authorization to assess and collect

3 The Organization is authorized

(

a) to impose assessments, fees and charges with the approval of

the Minister, and

(

b) to collect money from the levy of the assessments, fees and

charges, with respect to the powers, duties and functions delegated to it

under this Regulation, on persons who apply for or are provided with

services, materials or programs, including, but not limited to, providing

information, issuing a permit, certificate or other thing or on notifying,

filing with or registering any thing with the Organization.

Conditions

4(1) The delegation of powers, duties and functions under

section 2 is

subject to the following conditions:

(

a) the Organization must exercise its powers and authorizations

and perform the duties and functions delegated to it by this Regulation in

accordance with the Administration Agreement;

(

b) the Organization must comply with this Regulation;

(

c) subject to

section 59 of the Safety Codes Act, the

Organization, its directors, officers, employees and agents must preserve

confidentiality with respect to information and documents that come to

their knowledge in the course of carrying out their powers, duties and

functions under this Regulation;

(

d) a request for access to information under the Freedom of

Information and Protection of Privacy Act made to the Organization must be

directed to the Freedom of Information and Protection of Privacy

Coordinator, and the Organization must respond to the request as directed

by the Coordinator;

(

e) the Organization must designate a person to be responsible for

freedom of information and protection of privacy matters and matters

related to records management;

(

f) all computer software and systems used or developed by the

Organization, the information on them and any thing generated or capable of

generation by them for carrying out its powers, duties and functions under

this Regulation or the Administration Agreement is owned by the Government

of Alberta.

(2) All money received by the Organization under the authority of this

Regulation must be recorded and accounted for in accordance with generally

accepted accounting principles, and receipts for the money received must be

provided on the request of the person paying the money.

(3) The Organization is authorized to use the money collected by it under

this Regulation to pay costs incurred in carrying out its powers, duties

and functions under this Regulation.

Limiting legal liability

5(1) No action lies against the Organization or against all or any

of its directors, officers, agents or employees for anything done or not

done by any of them in good faith while carrying out their powers, duties

and functions under this Regulation.

(2) The Organization and its directors, officers, employees and agents are

not liable for any damage caused by a decision related to the system of

inspections, examinations, evaluations and investigations, including, but

not limited to, a decision relating to their frequency and how they are

carried out.

(3) If the Organization engages the services of an accredited agency to

carry out its powers, duties and functions under this Regulation, the

Organization is not liable for any negligence or nuisance by the accredited

agency that causes injury, loss or damage to any person or property.

Appeals

6(1) Pursuant to

section 2(1)(

e) of

Schedule 10 of the Act, a person

affected by an action taken or a decision made by the Organization or its

agents, directors, officers or employees respecting a matter related to

this Regulation or the Administration Agreement may appeal the action or

decision, in writing, to the Minister if the matter is not governed by

section 46 of the Safety Codes Act.

(2) The Minister may decide whether to hear an appeal under subsection

(1).

(3) On hearing an appeal, the Minister may confirm, vary or revoke the

action or decision that is the subject-matter of the appeal.

(4) A decision made by the Minister with respect to an appeal under this

section is final.

Records

7(1) All records in the custody or under the control of the Organization

that are required in the carrying out of its powers, duties and functions

under this Regulation must be managed, maintained and destroyed in

accordance with subsection (2) and

(

a) the Records Management Regulation (AR 57/95), or

(

b) a regulation that replaces the Records Management Regulation

(AR 57/95).

(2) The following conditions apply to the records described in subsection

(1):

(

a) records must be managed under the direction of a senior records

officer to whom a deputy head, as defined in the Records Management

Regulation (AR 57/95), has assigned powers and duties under that

Regulation;

(

b) the Organization must designate a person to be responsible for

freedom of information and protection of privacy matters and matters

related to records management;

(

c) subject to

section 59 of the Safety Codes Act, the Organization

and its directors, officers and employees must preserve confidentiality

with respect to information and documents that come to their knowledge in

the course of carrying out their powers, duties and functions under this

Regulation;

(

d) all records created or maintained in the course of carrying out

the powers, duties and functions under this Regulation become and remain

the property of the Crown in right of Alberta;

(

e) the Organization must establish appropriate rules and make

reasonable security arrangements in accordance with

Part 2 of the Freedom

of Information and Protection of Privacy Act to preserve the

confidentiality of personal information against such risks as unauthorized

access, collection, use, disclosure or disposal;

(

f) the Organization must provide any records required in

accordance with the Freedom of Information and Protection of Privacy Act to

the Freedom of Information and Protection of Privacy Coordinator within the

time period set out in the Administration Agreement.

(3) The Organization must maintain records with respect to motor vehicle

propane conversions that include the following:

(

a) the receiving of applications for permits;

(

b) the issuance of permits;

(

c) the renewal of permits;

(

e) the expiry of permits;

(

f) the cancellation of permits;

(

g) the suspension of permits;

(

h) the qualifications of gasfitters employed by a permit holder as

set out in the Motor Vehicle Propane Conversions Regulation under the

Safety Codes Act;

(

i) installations, repairs, alterations and inspections pursuant to

the Motor Vehicle Propane Conversions Regulation under the Safety Codes

Act;

(

j) the retention of documents submitted in support of an

application for a permit;

(

k) any other matter related to motor vehicle propane conversions

that is requested by the Minister.

Reporting

8 The Organization must report on its activities to the Minister at least

once a year, at a time and in a manner specified by the Minister as set out

in the Administration Agreement and in accordance with

section 10 of

Schedule 10 of the Act.

Repeal

9 The Motor Vehicle Propane Conversions Administration Regulation (AR

142/96) is repealed.

Expiry

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

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

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

on November 30, 2006.

Coming into force

11 This Regulation comes into force on December 1, 2001.

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

Alberta Regulation 210/2001

Safety Codes Act

MOTOR VEHICLE PROPANE CONVERSIONS REGULATION

Filed: November 21, 2001

Made by the Lieutenant Governor in Council (O.C. 433/2001) on November 21,

2001 pursuant to

section 61 of the Safety Codes Act.

Table of Contents

Interpretation 1

Gasfitter qualifications 2

Prohibition 3

Permit 4

Term of permit 5

Certificate of inspection 6

Prohibition 7

Removal of certificate of inspection 8

Records 9

Transitional 10

Repeal 11

Expiry 12

Coming into force 13

Interpretation

1 In this Regulation,

(a) "Act" means the Safety Codes Act and includes any regulation

under that Act that relates to gas equipment;

(b) "Administrator" means an administrator appointed pursuant to

section 14(1) of the Act with respect to gas;

(c) "certificate of inspection" means a certificate of inspection

referred to in

section 6;

(d) "gas equipment" means propane gas equipment intended to provide

an alternate or the principal carburation on a motor vehicle;

(e) "gasfitter" means a person who meets the requirements of

section 2;

(f) "motor vehicle" means a motor vehicle as defined in the Motor

Vehicle Administration Act that may be operated on a highway;

(g) "permit" means a permit issued under

section 4;

(h) "safety codes officer" means a safety codes officer as defined

in the Act.

Gasfitter qualifications

2 For the purposes of this Regulation, a person qualifies as a gasfitter

if the person holds both

(

a) a certificate of training in propane motor vehicle conversion

installations acceptable to the Administrator, and

(

b) a valid trade certificate issued under the Apprenticeship and

Industry Training Act as

(

i) an automotive service technician,

(ii) a heavy equipment technician, or

(iii) a 1st class gasfitter.

Prohibition

3(1) No person shall install, repair, alter or inspect any gas equipment

of a motor vehicle unless the person or the person's employer holds a

permit.

(2) Notwithstanding subsection (1), if gas equipment is installed,

repaired or altered by a person who does not hold a permit, the owner of

the motor vehicle must forthwith have the gas equipment inspected by a

permit holder.

Permit

4(1) On application, a permit in a form that is acceptable to the

Administrator may be issued to a gasfitter or a person who employs a

gasfitter, authorizing a person to install, repair or alter gas equipment

and to carry out inspections of gas equipment.

(2) A permit is not transferrable.

(3) The issuance of a permit does not authorize a person to install,

repair, alter or inspect gas equipment in a manner that does not comply

with the Act.

Term of permit

5 The term of a permit is

(

a) one year from the day that the permit is issued, or

(

b) if a permit is renewed, one year from the day that the permit

is renewed.

Certificate of inspection

6(1) Where a permit holder or a gasfitter who is employed by a permit

holder

(

a) installs, repairs or alters gas equipment on a motor vehicle in

a manner that complies with the Act, or

(

b) inspects gas equipment on a motor vehicle and is satisfied that

the gas equipment complies with the Act,

that person shall affix to the motor vehicle a certificate of inspection in

a form acceptable to the Administrator.

(2) A certificate of inspection may only be affixed to a motor vehicle

that is equipped with gas equipment that complies with the Act.

Prohibition

7 No person shall transfer a certificate of inspection from the motor

vehicle to which it was affixed to another motor vehicle.

Removal of certificate of inspection

8 A safety codes officer may remove or cause to be removed a certificate

of inspection from a motor vehicle if, in the opinion of the safety codes

officer, the gas equipment of the motor vehicle does not comply with the

Act.

Records

9 A permit holder must make and maintain a record of

(

a) the qualifications of any gasfitter employed by the permit

holder to carry out any installation, repair, alteration or inspection

pursuant to the permit;

(

b) any installation, repair, alteration and inspection carried out

pursuant to the permit;

(

c) any certificate of inspection affixed by the permit holder or a

gasfitter employed by the permit holder.

Transitional

10(1) A permit issued under the Motor Vehicle Conversions and Inspections

Permit Regulation (AR 70/94) that is subsisting on the coming into force of

this Regulation is considered to be a permit under this Regulation.

(2) A certificate of approval issued under the Motor Vehicle Conversions

and Inspections Permit Regulation (AR 70/94) that is subsisting on the

coming into force of this Regulation is considered to be a certificate of

inspection under this Regulation.

Repeal

11 The Motor Vehicle Conversions and Inspections Permit Regulation (AR

70/94) is repealed.

Expiry

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

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

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

on November 30, 2006.

Coming into force

13 This Regulation comes into force on December 1, 2001.

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

Alberta Regulation 211/2001

Land Titles Act

FORMS AMENDMENT REGULATION

Filed: November 21, 2001

Made by the Lieutenant Governor in Council (O.C. 434/2001) on November 21,

2001 pursuant to

section 203 of the Land Titles Act.

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

2 Sections 2 and 3 are repealed and the following is substituted:

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

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

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

on November 1, 2006.

3 Form 1.1 is amended

(

a) by striking out "17.2" wherever it occurs and substituting

"122.12";

(

b) by striking out "17.1" and substituting "122.11".

4 Form 2.1 is amended by striking out "17.1" wherever it occurs and

substituting "122.11".

5 The following is added after Form 11:

FORM 11.1

LAND TITLES ACT

(Section 78)

MONUMENTATION CERTIFICATE

I, (name of surveyor), of the (place of residence), Alberta Land Surveyor,

make oath and say:

1 that the monuments required by

section 43 of the Surveys Act have

been placed under my personal supervision, between the dates of and

, , and

2 that the position of each monument on the ground is in accordance

with the co-ordinates shown on the survey plan registered as number

and that the boundaries that have been established on the ground are in

accordance with the said co-ordinates, except for the following:

(List and describe any boundaries on the ground that vary from the

co-ordinates on the survey plan.)

SWORN before me at )

of )

in the of )

this day of , ) Alberta Land

Surveyor

A.D. )

A Commissioner for Oaths )

in and for the Province of Alberta )

6 Form 30 is amended by striking out "17.2" and substituting "122.12".

Alberta Regulation 212/2001

Occupational Health and Safety Act

MINES SAFETY AMENDMENT REGULATION

Filed: November 21, 2001

Made by the Lieutenant Governor in Council (O.C. 435/2001) on November 21,

2001 pursuant to

section 31 of the Occupational Health and Safety Act.

1 The Mines Safety Regulation (AR 292/95) is amended by this Regulation.

Section 26 is amended by striking out "December 31, 2001" and

substituting "June 30, 2002".

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

Alberta Regulation 213/2001

Insurance Act

MISCELLANEOUS PROVISIONS AMENDMENT REGULATION

Filed: November 21, 2001

Made by the Lieutenant Governor in Council (O.C. 441/2001) on November 21,

2001 pursuant to

section 16 of the Insurance Act.

1 The Miscellaneous Provisions Regulation (AR 120/2001) is amended by

this Regulation.

2 The following is added after

section 5:

Calgary Real Estate Board Critical Illness Society exemption

5.1(1) The Act does not apply to the benefits in respect of critical

illness provided under the by-laws of the Calgary Real Estate Board

Critical Illness Benefit Society if

(

a) the members of the Society are notified within a

reasonable time after the coming into force of this

section or becoming a

member, as the case may be, that the benefits are exempt from the Insurance

Act and that the members are not entitled to the same protections they

would be entitled to if the plan were subject to the Act;

(

b) the constitution and by-laws of the Society provide

that

(

i) the annual financial statements of the

Society must be audited by a chartered accountant, a certified management

accountant or a certified general accountant who is registered under the

Regulated Accounting Profession Act, and

(ii) the by-laws of the Society may not be

changed without the prior approval of the Minister,

(

c) the Society submits to the Minister a copy of its

audited financial statements within 30 days after the end of the fiscal

period to which they relate;

(

d) the Calgary Real Estate Board provides in favour of

the Society an irrevocable, unconditional letter of credit in the amount of

$100 000 and in a form and containing terms satisfactory to the Minister of

Finance.

(2) This

section is repealed on January 3, 2006.

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

Alberta Regulation 214/2001

Electric Utilities Act

POWER PURCHASE ARRANGEMENT DIVISION REGULATION

Filed: November 21, 2001

Made by the Lieutenant Governor in Council (O.C. 444/2001) on November 21,

2001 pursuant to

section 72 of the Electric Utilities Act.

Definition

1 In this Regulation, "Minister" means the Minister of Energy.

Minister may amend AR 175/2000

2 The Minister may by regulation amend AR 175/2000 in any manner the

Minister considers necessary in order to continue the existing Sundance B

Power Purchase Arrangement applying to the Sundance 3 and Sundance 4

generating units as 2 power purchase arrangements that will apply to the

Sundance 3 and Sundance 4 generating units respectively.

Repeal

3 This Regulation is made in accordance with

section 72(1) of the

Electric Utilities Act and is repealed in accordance with

section 72(2) of

the Act.

Alberta Regulation 216/2001

Judgment Interest Act

JUDGMENT INTEREST AMENDMENT REGULATION

Filed: November 28, 2001

Made by the Lieutenant Governor in Council (O.C. 448/2001) on November 28,

2001 pursuant to

section 4 of the Judgment Interest Act.

1 The Judgment Interest Regulation (AR 364/84) is amended by this

Regulation.

Section 17 is amended by striking out "December 31, 2000" and

substituting "December 31, 2001".

3 The following is added after

section 17:

18 The interest rate from January 1, 2002 to December 31, 2002 is

prescribed at 5.25% per year.

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

Alberta Regulation 217/2001

Dental Disciplines Act

DENTAL HYGIENISTS AMENDMENT REGULATION

Filed: November 28, 2001

Approved by the Lieutenant Governor in Council (O.C. 449/2001) on November

28, 2001 pursuant to

section 75 of the Dental Disciplines Act.

1 The Dental Hygienists Regulation (AR 302/96) is amended by this

Regulation.

Section 10 is repealed.

Alberta Regulation 218/2001

Marketing of Agricultural Products Act

ALBERTA EGG PRODUCERS PLAN AMENDMENT REGULATION

Filed: November 28, 2001

Made by the Lieutenant Governor in Council (O.C. 451/2001) on November 28,

2001 pursuant to

section 23 of the Marketing of Agricultural Products Act.

1 The Alberta Egg Producers Plan Regulation (AR 258/97) is amended by

this Regulation.

Section 19(4)(

a) is amended by adding "or a representative of a

registered producer" after "registered producer".

Section 20 is repealed and the following is substituted:

Removal from office

20(1) A member of the Board is disqualified from continuing to act

as a member if

(

a) the person ceases to be a registered producer;

(

b) in the case of a person who is a representative of

a registered producer under

section 28,

(

i) the person ceases to be a

representative of a registered producer, or

(ii) the production facilities or all of the

shares of the registered producer are sold or otherwise transferred to a

person other than the representative;

(

c) the person has been found to be of unsound mind by

a court in Canada or elsewhere;

(

d) the person is bankrupt;

(

e) the person is, without the approval of the Board,

which can be given before or after the absence occurs, absent for 3

consecutive meetings of the Board.

(2) A person who is disqualified under subsection (1)(

a) or (

b) shall tender the person's resignation to the Board forthwith on the

effective date of

(

a) the person's ceasing to be a registered producer,

(

b) the person's ceasing to be a representative of a

registered producer, or

(

c) the sale or other transfer,

as the case may be.

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

Alberta Regulation 219/2001

Marketing of Agricultural Products Act

ALBERTA PORK PRODUCERS' PLAN REGULATION

Filed: November 28, 2001

Made by the Lieutenant Governor in Council (O.C. 452/2001) on November 28,

2001 pursuant to

section 23 of the Marketing of Agricultural Products Act.

Table of Contents

Interpretation 1

Designation 2

Part 1

General Operation of the Plan

Division 1

Plan

Continuation of Plan 3

Termination of Plan 4

Application of Plan 5

Purposes 6

Division 2

Operation of Plan by the Commission

Corporation continued 7

Responsibilities of the Corporation 8

Regulations to operate the Plan 9

Financing of the Plan 10

Service charges are non-refundable 11

Remuneration 12

Appointment of auditor 13

Authority from Governor in Council 14

Indemnification funds 15

Part 2

Governance of Plan

Division 1

Producers

General rights of producers 16

Producers who are individuals 17

Producers that are not individuals 18

Division 2

Corporation

Directors 19

Chairperson, etc. 20

Quorum 21

Division 3

Directors and Delegates

District Directors 22

District delegates 23

Directors at large 24

Eligibility 25

Non-eligibility 26

Prohibition 27

Terms of office 28

Limitation on terms 29

Division 4

General District Meetings

District annual meetings 30

Special district meetings 31

Notice of meeting 32

Quorum re annual or special district meeting 33

Business re district annual meeting 34

Division 5

General Delegates Meetings

District delegates meetings 35

Special delegates meetings 36

Time and place of meeting 37

Notice of meeting 38

Quorum 39

Division 6

Nominations and Elections

Nominations 40

Eligibility to vote 41

Voting 42

Election of candidates 43

Failure to elect 44

Election by acclamation 45

Vacancy 46

Returning officers, etc. 47

Duties of returning officers 48

Controverted election 49

Division 7

Districts

Number of districts 50

Change in districts 51

Composition of districts 52

Part 3

Transitional Provisions, Repeals and Review

Transitional re Directors 53

Transitional re delegates 54

Repeal 55

Review 56

Interpretation

1(1) In this Plan,

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

(b) "Corporation" means the commission known as the Alberta Pork

Producers' Development Corporation;

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

Council;

(d) "Directors" means individuals who are elected or appointed, as

the case may be, to serve as directors of the Corporation;

(e) "Director at large" means a Director who is elected or

appointed, as the case may be, to represent the registered producers in

general;

(f) "district Director" means a Director who is elected or

appointed, as the case may be, to represent the registered producers of a

district;

(g) "hog" means a hog raised, kept, prepared for slaughter or

marketed in the Province and includes pork;

(h) "marketing" includes buying, owning, selling, offering for

sale, storing, grading, assembling, packing, transporting, advertising or

financing;

(i) "Plan" means the Plan that is revised, amended, and continued

under

section 3;

(j) "pork" means a hog that has been processed;

(k) "processing" means changing the nature, size, quality or

condition of hogs by mechanical means or otherwise and includes the

slaughter of hogs;

(l) "processor" means any party that is engaged in the business of

processing hogs or that has hogs processed on its behalf within the

Province;

(m) "producer" means

(

i) a person engaged in the production of hogs for

slaughter,

(ii) a person who takes possession of any hogs from a

producer under any security for a debt, or

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

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

derived from the sale of the hogs;

(n) "Province" means the Province of Alberta;

(o) "registered producer" means a producer who

(

i) has paid a service charge to the Corporation in

respect of a hog marketed in the most recent 12-month period, and

(ii) has been assigned a farm unit registration number

by the Corporation.

(2) For the purposes of this Plan and the Act as it relates to this Plan,

"regulated product" means hogs.

Designation

2 Hogs are hereby designated as agricultural products for the purpose of

the Act.

PART 1

GENERAL OPERATION OF THE PLAN

Division 1

Plan

Continuation of Plan

3 The Alberta Hog Producers' Marketing Plan, 1968, established under

Alberta Regulation 195/68 that was amended and continued under Alberta

Regulation 141/96 and Alberta Regulation 155/2001 is hereby revised,

amended and continued under this Regulation with the name "Alberta Pork

Producers' Plan".

Termination of Plan

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

time and remains in force unless otherwise terminated pursuant to the Act.

Application of Plan

5 This Plan applies

(

a) to all of Alberta,

(

b) to all persons who produce or market or produce and market

hogs, and

(

c) for the purposes of

section 9(b), (c), (d), (e), (

f) and (g),

to all processors.

Purposes

6(1) The purposes of this Plan are to enable the Corporation to initiate

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

improve the production or marketing, or both, of hogs and pork.

(2) Without limiting the generality of subsection (1), the Corporation may

initiate and carry out programs

(

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

in developing and improving the production and marketing of hogs and pork;

(

b) to expand market awareness and demand for hogs and pork,

including the development and promotion of markets for hogs and pork and

the education of consumers;

(

c) to generally develop and promote the hog and pork industry;

(

d) to advise governments on matters concerning the hog and pork

industry;

(

e) to establish, maintain and operate one or more funds under

sections 34 and 35 of the Act;

(

f) to conduct or support studies and research relating to the

production, marketing and processing of hogs and pork, to the quality

improvement of hogs and pork and to the consumption of pork;

(

g) to promote increased consumption by consumers of pork and

processed pork;

(

h) to participate in Government programs;

(

i) to encourage the improvement of methods for the assembly,

transportation and handling of hogs and pork;

(

j) to co-ordinate and improve understanding within the hog and

pork industry and between the hog and pork industry and other related

industries;

(

k) to work with marketing commissions and boards and other

organizations having similar objectives, including those commissions,

boards and organizations as may be established in other provinces or

outside Canada;

(

l) to establish quality standards for hogs and pork;

(

m) to work with others for the betterment of the Alberta hog

industry;

(

n) to use service charges and other funds of the Corporation for

the purposes of the Corporation.

(3) Neither the production nor the marketing of hogs and pork, nor either

of them, is to be controlled or regulated under this Plan.

Division 2

Operation of Plan by the Commission

Corporation continued

7(1) The commission known as the "Alberta Pork Producers' Development

Corporation" is hereby continued under this Plan as a commission known as

the "Alberta Pork Producers' Development Corporation".

(2) The Corporation is to operate pursuant to this Plan.

Responsibili-ties of the Corporation

8 The Corporation

(

a) is, subject to the Act, responsible for the operation,

regulation, supervision and enforcement of this Plan;

(

b) without limiting the generality of clause (a),

(

i) may appoint a General Manager and may prescribe the

duties and fix and provide for the remuneration of the General Manager;

(ii) may allow the General Manager to retain other

employees or contractors, other than an auditor, and may allow the General

Manager to prescribe the duties and remuneration payable to those employees

and contractors;

(iii) must open one or more deposit accounts with one or

more financial institutions and may designate the officers and employees

permitted to

(

A) sign cheques and other negotiable

instruments,

(

B) transact the business of the

Corporation with its financial institutions, and

(

C) generally do all things incidental to

or in connection with the transaction of the business of the Corporation

with its financial institutions;

(iv) must maintain such books and records, including

financial records,

(

A) as from time to time may be required

under the Act, the regulations or by virtue of any order of the Council,

and

(

B) as may be determined by the

Corporation;

(

v) must maintain an office in Alberta and notify each

registered producer, licensed processor and the Council of the location of

the office of the Corporation;

(vi) subject to the Act, may issue directions governing

the internal operations of the Corporation;

(vii) must establish and implement policy for the

operation of the Corporation and the implementation and operation of this

Plan.

Regulations to operate the Plan

9 For the purpose of enabling the Corporation to operate this Plan, the

Corporation may be empowered by the Council with the approval of the

Minister to make regulations pursuant to

section 26 of the Act

(

a) requiring producers engaged in the production or marketing, or

both, of hogs to register their names and addresses with the Corporation;

(

b) requiring any person who produces, markets or processes hogs to

furnish to the Corporation any information or record relating to the

production, marketing or processing of hogs that the Corporation considers

necessary;

(

c) requiring persons to be licensed under this Plan before they

become engaged in the marketing or processing of hogs;

(

d) prohibiting persons from engaging in the marketing or

processing, as the case may be, of the hogs except under the authority of a

licence issued by the Corporation;

(

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 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 and licence fees, as the case may be;

(

g) requiring any person who receives any hogs from a producer

(

i) to deduct from the money payable to the producer

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

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

(

h) providing for the use of any class of service charges, licence

fees or other money payable to or received by the Corporation for the

purpose of paying its expenses and administering this Plan and regulations

made by the Corporation;

(

i) permitting the Corporation to exercise any one or more of the

powers that are vested in a co-operative association under the Co-operative

Associations Act.

Financing of the Plan

10 This Plan is to be financed by the charging and collection of service

charges and licence fees.

Service charges are non-refundable

11 Service charges are not refundable on the request of a producer.

Remuneration

12 The remuneration to be paid to the chairperson of the Corporation, the

Directors and the delegates is to be fixed by a vote of the delegates at an

annual or special meeting of the delegates.

Appointment of auditor

13 The delegates are to appoint an auditor for the Corporation at an

annual or special meeting of the delegates.

Authority from Governor in Council

14 In accordance with

section 50 of the Act, the Corporation may, with

respect to the production or marketing, or both, of the regulated product,

be authorized to perform any function or duty and exercise any power

imposed or conferred on the Corporation by or under the Agricultural

Products Marketing Act (Canada) or the Farm Products Agencies Act (Canada),

or both of them.

Indemnifica-tion funds

15(1) The Corporation may establish one or more funds under

section 34 or

35 of the Act.

(2) In order to finance the funds, the Corporation may raise amounts in

accordance with sections 34 and 35 of the Act.

PART 2

GOVERNANCE OF PLAN

Division 1

Producers

General rights of producers

16 In accordance with and subject to this Plan, a registered producer is

entitled, as a matter of right,

(

a) to attend general district meetings and special district

meetings;

(

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

the Corporation, the Directors and the delegates;

(

c) to vote on any matter under this Plan;

(

d) to vote in elections held under this Plan;

(

e) to hold office under this Plan;

(

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

respect of this Plan.

Producers who are individuals

17 Where a registered producer is an individual, that individual may,

subject to this Plan, exercise the rights referred to in

section 16.

Producers that are not individuals

18(1) Where a registered producer is not an individual, that producer may,

only in accordance with this section, exercise the rights referred to in

section 16.

(2) A registered producer to which this

section applies must appoint an

individual to be the representative of the producer.

(3) A representative appointed by a producer under this

section is,

subject to this Plan, to exercise on behalf of the producer the rights

referred to in

section 16.

(4) If a registered producer is

(

a) a corporation, it must appoint an individual who is a director,

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

representative,

(

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

or employee of the partnership as its representative, or

(

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

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

organization as its representative.

(5) An appointment of a representative under this

section is to be

(

a) in writing, and

(

b) in the case where a vote is to be taken at a meeting, filed

with the returning officer prior to the calling to order of the meeting at

which a vote is to take place.

(6) An individual who is the representative of a producer shall not cast a

vote under the Plan unless

(

a) the individual presents a document signed by the registered

producer indicating the name of the person who may vote for the producer,

(

b) the individual makes a statutory declaration stating that

(

i) the individual is a representative of the

registered producer, and

(ii) the individual has not previously voted in the

election or on the matter in respect of which the individual wishes to cast

a vote.

(7) A statutory declaration made under subsection (6)(

b) must be made in

writing before the returning officer or the deputy returning officer prior

to the vote being cast.

(8) An individual cannot at any one time be a representative under this

section for more than one registered producer.

(9) A representative shall not vote or hold office before the

representative's appointment is filed in accordance with subsection (5).

Division 2

Corporation

Directors

19 The Corporation consists of 8 Directors made up of

(a) 6 district Directors, and

(b) 2 Directors at large.

Chairperson, etc.

20(1) The Directors are to elect from among themselves

(

a) a registered producer to be the chairperson of the Corporation,

and

(

b) a registered producer to be the vice-chairperson of the

Corporation.

(2) The election of the chairperson and vice-chairperson is to take place

at the first meeting of the Directors held after the elections for all the

Directors have been concluded.

(3) The chairperson and vice-chairperson serve at the pleasure of the

Directors.

Quorum

21 A quorum for a meeting of the Directors is not fewer than 5 Directors.

Division 3

Directors and Delegates

District Directors

22 The registered producers for a district are entitled to elect, in

accordance with this Plan, one district Director to represent the

registered producers in that district.

District delegates

23 The registered producers for a district are entitled to elect, in

accordance with this Plan, 3 delegates to represent the registered

producers in that district.

Directors at large

24 The registered producers for all the districts are entitled to elect,

in accordance with this Plan, 2 Directors at large to represent the

registered producers in general.

Eligibility

25 In order to be elected to serve as a Director or a delegate, a person

(

a) must be an individual who is

(

i) a registered producer, or

(ii) appointed as a representative of a registered

producer under

section 18;

(

b) in the case of district Director or a delegate, must be elected

at a meeting of registered producers of a district called for the purpose

of, among other things, electing a district Director and delegates, as the

case may be;

(

c) in the case of a Director at large, must be elected in an

election conducted for the purpose of, among other things, electing a

Director at large;

(

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

individual must have

(

i) paid the service charges payable to the Corporation

on all hogs marketed by that person, and

(ii) marketed at least 50 hogs or 10 sows,

within the 12 months prior to the election in which that person

was a candidate for election as a Director or a delegate;

(

e) in the case of an individual who is the representative of a

registered producer that is not an individual, the registered producer must

have

(

i) paid the service charges payable to the Corporation

on all hogs marketed by that registered producer, and

(ii) marketed at least 50 hogs or 10 sows,

within the 12 months prior to the election in which that

individual was a candidate for election as a Director or a delegate.

Non-eligibility

26(1) A person is not eligible to be a Director or delegate if that

person

(

a) as of the date of the election is less than 18 years of age;

(

b) is a dependent adult as defined in the Dependent Adults Act, or

is the subject of a certificate of incapacity under that Act;

(

c) is a formal patient as defined in the Mental Health Act;

(

d) has been found to be a person of unsound mind by a court

elsewhere than in Alberta;

(

e) has the status of a bankrupt;

(

f) is not a resident of Alberta;

(

g) in the case of an individual who is a registered producer, that

individual ceases to be a registered producer;

(

h) in the case of an individual who is the representative of a

registered producer that is not an individual,

(

i) that individual ceases to be the representative of

the registered producer, or

(ii) the registered producer for which that individual

is a representative ceases to be a registered producer;

(

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

individual has failed to pay any service charge payable to the Corporation

in respect of any hog marketed by that registered producer during that

individual's term of office as a Director or delegate;

(

j) in the case of an individual who is the representative of a

registered producer that is not an individual, the registered producer has

failed to pay any service charge payable to the Corporation in respect of

any hog marketed by that registered producer during that individual's term

of office as a Director or delegate.

(2) A Director or delegate who is no longer eligible under subsection

(1) to hold office as a Director or delegate is deemed to have resigned from

that office at the time that the ineligibility arose.

Prohibition

27(1) An individual is not eligible at any one time to be a candidate for

election as a Director and a candidate for election as a delegate.

(2) Where a registered producer is not an individual, that registered

producer is not eligible to nominate more than one person to be its

representative as a candidate for election under this Plan.

(3) An individual shall not at any one time serve as both a Director and a

delegate.

Terms of office

28(1) The term of office of a Director is 2 years.

(2) The term of office of a delegate is 2 years.

Limitation on terms

29(1) No person may be elected to serve more than 3 consecutive terms as a

Director.

(2) No person may be elected to serve more than 3 consecutive terms as a

delegate.

(3) For the purposes of this section, any portion of a term of office

served by a person as a Director or a delegate appointed under

section 46

or 49(5) or (6) and that is one year or less in duration is not to be

considered as a term of office.

Division 4

General District Meetings

District annual meetings

30(1) The Corporation must in each year designate the date, time and place

for at least one, but not more than 5, local meetings within each district.

(2) The local meetings referred to in subsection (1) constitute the

district annual meeting of registered producers of the district.

(3) A district annual meeting for a district must be commenced within 15

months from the conclusion of the last district annual meeting for that

district.

Special district meetings

31(1) The Corporation must call a special district meeting of registered

producers of a district whenever requested to do so in writing by

(

a) at least 25 registered producers of the district, or

(

b) the Council.

(2) A special district meeting called under subsection (1) may consist of

one meeting for the entire district.

Notice of meeting

32(1) Notice of a meeting called pursuant to this Division must be given

by the Corporation at least 14 days prior to the day proposed for the

meeting.

(2) A notice given under subsection (1) must be sent by mail to each

registered producer at the registered producer's last address as shown in

the records of the Corporation.

Quorum re annual or special district meeting

33 The quorum for any one of the local meetings that constitute a

district annual meeting, for any district annual meeting that consists of

one meeting or for any special district meeting is not fewer than 6

registered producers.

Business re district annual meeting

34 The registered producers attending a district annual meeting of

registered producers are to do the following:

(

a) in a year in which an election is to be held to elect a

district Director, elect a district Director;

(

b) in a year in which an election is to be held to elect Directors

at large, vote in the election for the Directors at large;

(

c) in a year in which an election is to be held to elect one or

more delegates, elect a sufficient number of persons as delegates to fill

the positions for which the election was held;

(

d) receive a report from the district Director as to the

operations and activities of the Corporation;

(

e) receive a certified copy of the auditor's report concerning the

operations of the Corporation for the preceding year;

(

f) consider such other matters not referred to in clauses (

a) to

(e), as the Corporation or those attending the district annual meeting may

deem advisable.

Division 5

General Delegates Meetings

District delegates meetings

35(1) In each year there must be an annual meeting of all the delegates in

Alberta.

(2) The annual meeting of the delegates must be held not later than 15

months following the date of the conclusion of the last annual meeting of

the delegates.

Special delegates meetings

36(1) Special meetings of delegates

(

a) may be called by the Corporation at any time, and

(

b) must be called by the Corporation on

(

i) the written request of the Council, or

(ii) the written request of at least 1/3 of the

delegates.

(2) A district Director may, at any time, call a meeting of the delegates

for the district that the Director represents.

Time and place of meeting

37 The date, time and place of any meeting held pursuant to this

Division is to be fixed by the Corporation.

Notice of meeting

38 At least 14 days' notice in writing, specifying the date, time and

place of annual meetings or special meetings of delegates must be given by

the Corporation to every delegate by mailing the notice to the delegate's

last address as shown on the records of the Corporation.

Quorum

39 The quorum for an annual or special meeting of the delegates is not

fewer than 6 delegates.

Division 6

Nominations and Elections

Nominations

40(1) Where, at a district annual meeting of registered producers, an

election is to be conducted to elect a district Director, nominations of

candidates for that position are to be made in writing and delivered to the

returning officer prior to the commencement of that district annual

meeting.

(2) Where, at a district annual meeting of registered producers, an

election is to be conducted of registered producers to elect Directors at

large, nominations of candidates for those positions are to be made in

writing and delivered to the returning officer prior to the commencement of

the first of any of the district annual meetings at which voting is to take

place in respect of that election.

(3) Where, at a district annual meeting of registered producers, an

election is to be conducted to elect a delegate, nominations of candidates

for that position are to be made in writing and delivered to the returning

officer prior to the commencement of that district annual meeting.

(4) Where the Corporation provides forms for the purposes of nominations,

the nominations must be made in writing on those forms.

(5) Any person who is eligible to serve as a district Director or a

delegate may be nominated for election as a district Director or delegate

(

a) subject to

section 41(3), the person resides within the

district that the person is to represent, and

(

b) the person has consented to the nomination.

(6) Any person who is eligible to serve as a Director at large may be

nominated for election as a Director at large if

(

a) the person resides within any one of the districts, and

(

b) the person has consented to the nomination.

(7) The nomination of a candidate for election may be made by any person

who

(

a) is a registered producer or the representative of a registered

producer, and

(

b) in the case of a nomination for a district Director or a

delegate, resides, subject to

section 41(3), within the district that the

candidate is being nominated to represent.

Eligibility to vote

41(1) Subject to this

section and

section 42, any producer is entitled to

vote in any election for a Director or a delegate if the producer

(

a) is a registered producer,

(

b) has not voted at a previous local meeting within the district

during the current election, and

(

c) in the case of an election for a district Director or a

delegate, resides, subject to subsection (3), within the district that the

district Director or delegate is to represent.

(2) Where a registered producer

(

a) does not reside within the district in which the producer

wishes to vote for a delegate or Director, but

(

b) resides in an area or district that is adjacent to the district

in which the registered producer wishes to vote,

the producer may apply in writing to the Corporation, not less than 10 days

prior to the day of the election in which the producer desires to cast a

ballot, to be registered for the purposes of voting in that adjacent

district.

(3) On receipt of the written approval of the Corporation of an

application made under subsection (2), the producer is, subject to

subsections (4) and (5), eligible

(

a) to vote in the adjacent district in any election held

subsequent to the approval being received by the producer, and

(

b) during the time that the producer is eligible to vote in that

adjacent district, to nominate persons to hold office and to hold office as

a district Director or as a delegate to represent the registered producers

in that adjacent district in the same manner and under the same conditions

as if that producer resided in that adjacent district.

(4) Where a registered producer has received approval pursuant to

subsection (3) to vote in a district in which the producer does not reside,

the producer may for a future election apply in writing to the Corporation

to change and once more be registered for the purposes of voting in the

district in which the producer resides.

(5) Notwithstanding that a producer has been approved pursuant to an

application made under subsection (4) to once more in future elections be

eligible to vote in the district in which the producer resides, the

producer, in respect of the election that is next held following the

granting of that approval,

(

a) is not eligible to vote in the district in which the producer

resides, but

(

b) remains eligible to vote in the district referred to in

subsection (3).

(6) Notwithstanding anything in this section, a producer may not in any

election vote or be eligible to vote in more than one district.

Voting

42(1) Voting for the election of Directors and delegates is to occur at

each district annual meeting and is to be by secret ballot.

(2) At each district annual meeting, each registered producer, on the

producer presenting the registered producer's farm unit registration card,

is to receive

(

a) one ballot for the purpose of voting for

(

i) a candidate for the position of district Director,

and

(ii) the candidates for the positions of Director at

large,

and

(

b) one ballot for the purpose of voting for delegates for the

district.

(3) There is to be only one vote per farm unit registration number in

respect of each position being voted on.

(4) A registered producer is entitled to not more than one vote,

notwithstanding that the registered producer may have been assigned more

than one farm unit registration number.

(5) A registered producer is entitled to vote in not more than one

district, notwithstanding that the registered producer may have separately

registered premises in more than one district.

(6) Where the registered producer is not an individual, the representative

of the registered producer is entitled to vote on behalf of the registered

producer.

(7) Notwithstanding

section 18(6) to (9), possession by an individual of

the farm unit registration card that is issued for a registered producer

that is not an individual is considered as proof of proper designation of

the individual as a representative of the registered producer.

(8) Where

(

a) the name of a producer who is eligible to vote does not appear

on the voters list, or

(

b) the producer is not able to present the farm unit registration

card issued to the producer by the Corporation,

or both, the producer is nevertheless entitled to vote if the producer

signs a declaration stating that

(

c) the producer

(

i) is a registered producer, or

(ii) in the case of an unregistered producer, has

completed an application for farm unit registration,

(

d) the producer,

(

i) subject to

section 41, resides in the district in

which the producer desires to vote,

(ii) has paid the service charges payable to the

Corporation in respect of hogs marketed in the most recent 12-month period,

and

(iii) has not previously voted in the election in the

district or in any other district,

and

(

e) the producer has not previously received a ballot in respect of

the election.

Election of candidates

43(1) Subject to this Plan,

(

a) in an election for a district Director the candidate receiving

the largest number of votes is to be declared elected as the district

Director;

(

b) in an election for

(i) 3 delegates, the candidates receiving the first,

2nd and 3rd largest number of votes are to be declared elected as

delegates,

(ii) 2 delegates, the candidates receiving the first and

2nd largest number of votes are to be declared elected as delegates, or

(iii) one delegate, the candidate receiving the largest

number of votes is to be declared elected as a delegate;

(

c) in an election for

(i) 2 Directors at large, the candidates receiving the

first and 2nd largest number of votes are to be declared elected as

Directors at large, or

(ii) one Director at large, the candidate receiving the

largest number of votes is to be declared elected as a Director at large.

(2) The counting of ballots,

(

a) in the case of an election for a district Director or any

delegate that is conducted during a district annual meeting, is to take

place at the conclusion of the voting for the position, and

(

b) in the case of an election for a Director at large, is to take

place after the conclusion of the last of all of the districts' annual

meetings at which voting was conducted in respect of that election.

Failure to elect

44(1) Where the registered producers at a district annual meeting fail to

elect a district Director and at least one delegate, the Corporation must,

not later than 7 days from the day of that meeting,

(

a) designate a date, time and place for another meeting of the

district, and

(

b) mail a notice at least 10 days prior to the day of the meeting

to each registered producer who is eligible to vote in that district.

(2) Where another meeting is held pursuant to a notice given under

subsection (1) and the eligible voters attending that other meeting fail to

elect a district Director and at least one delegate, the Corporation may,

subject to

section 46, appoint to the vacant position a registered producer

who is eligible to hold that position and on being appointed to that

position that registered producer holds that position as if elected to the

position.

(3) Where the eligible voters attending a meeting under subsection

(2) fail to elect a Director or delegate, any votes cast for the Directors at

large at that meeting are not to be considered in determining the outcome

of the election for the Directors at large.

Election by acclamation

45(1) Where only one registered producer has been nominated for the

position of district Director for a district, the chief returning officer

is to declare the person nominated as being elected by acclamation.

(2) Where the number of registered producers nominated for the position of

delegate for a district are the same as or fewer than the positions to be

elected, the chief returning officer is to declare those persons nominated

as being elected by acclamation.

(3) Where only

(a) 2 registered producers have been nominated for the positions of

Directors at large, the chief returning officer is to declare the persons

nominated as being elected by acclamation, or

(

b) one registered producer has been nominated for a position of

Director at large, the chief returning officer is to declare that person

nominated as being elected by acclamation.

Vacancy

46(1) Where the position of a district Director or a delegate is vacant,

the remaining delegates of the district for which there is a vacancy are to

appoint to the vacant position a registered producer who is eligible to

hold that position and that registered producer holds that position until

the expiration of the remaining portion of the term of the office of the

vacant position.

(2) In the event there remains a district Director for the district but

there are no delegates for the district, the district Director is to

appoint to the position of delegate a registered producer who is eligible

to hold that position of delegate and that registered producer holds that

position until the expiration of the remaining portion of the term of

office of the vacant position.

(3) Where there is not a district Director nor any delegates for the

district for which there are vacancies, the other Directors of the

Corporation are to appoint

(

a) to the position of district Director, and

(

b) to the position of delegate,

a sufficient number of registered producers who are eligible to hold those

positions and those registered producers hold those positions until the

expiration of the remaining portion of the term of office of the vacant

position.

(4) Where the position of a Director at large becomes vacant, the other

Directors of the Corporation, with the approval of the Council, are to

appoint to the position of Director at large a registered producer who is

eligible to hold that position and that registered producer holds the

position until the expiration of the remaining portion of the term of

office of the vacant position.

Returning officers, etc.

47(1) The General Manager of the Corporation, or the designate of the

General Manager, is the chief returning officer and responsible for all

administrative procedures relating to the conduct of elections.

(2) The Corporation is to appoint one district returning officer for each

district, and the district returning officer is responsible to the chief

returning officer and is to take direction from the chief returning

officer.

(3) A person is not eligible to be appointed as a district returning

officer if that person

(

a) is a candidate for election, or

(

b) is an incumbent Director or delegate.

Duties of returning officers

48(1) The chief returning officer is to prepare and distribute to each

district returning officer a list of eligible voters for each district, and

that list is to contain

(

a) the names of the eligible voters,

(

b) their addresses, and

(

c) their farm unit registration numbers.

(2) The district returning officer is to

(

a) ensure that each person who votes in an election is on the

voters list or has signed a declaration pursuant to

section 42(8), and

(

b) forward to the chief returning officer, within 5 days from the

date of the election, a report of the results of the election together with

all voters lists, declarations, ballots and other documents pertaining to

the election.

(3) Unless otherwise directed by the Council, no person shall destroy any

records or ballots in respect of a vote or an election held under this Plan

until 90 days have elapsed from the day on which the vote was taken.

Controverted election

49(1) If an eligible producer

(

a) questions

(

i) the eligibility of a candidate,

(ii) the eligibility of a voter,

(iii) any matter relating to a ballot or the tabulation

of ballots, or

(iv) any other irregularity with respect to the conduct

of an election,

and

(

b) seeks to have the election declared invalid and the position

declared vacant, that person may, not later than 15 days after the day on

which the election was held, apply in writing to the Council to have the

election declared invalid and the position declared vacant.

(2) If, within the 15-day period referred to in subsection (1), the

Council has not received an application under subsection (1), a person

elected at the election is deemed to be duly elected.

(3) On receipt of an application under subsection (1), the Council must

consider the matter and may

(

a) declare the election to be proper and the position filled, if,

in the opinion of the Council, there is no basis for the application,

(

b) declare the election to be proper and the position filled,

notwithstanding that there is a basis for the application, if, in the

opinion of the Council,

(

i) the basis for the application did not materially

affect the result of the election, and

(ii) the election was conducted substantially in

accordance with this Plan and the Act,

(

c) declare the election to be void and the position vacant, if in

the opinion of the Council, there is a basis for the application and basis

is sufficient to, or did, affect the result of the election.

(4) Notwithstanding that an election is declared void and a position is

declared vacant under subsection (3)(c), the term of office of the position

declared vacant is nevertheless deemed to have commenced on the day that

the voided election was held.

(5) If the Council declares an election to be void and the position

vacant, the Council may

(

a) order that, within the time that the Council considers proper,

a special meeting be held and an election be conducted to fill the vacant

position, or

(

b) direct that a registered producer be appointed to the position

under

section 46.

(6) Where a person fills a position under subsection (5), the person is to

serve for the unexpired portion of the term.

Division 7

Districts

Number of districts

50 For the purposes of this Plan, Alberta is divided into 6 districts as

set out in

section 52.

Change in districts

51 The boundaries of the districts may be altered by the Corporation, on

the recommendation of the delegates.

Composition of districts

52(1) District No. 1 consists of that land included in the following:

(

a) Cardston County;

(

b) Municipal District of Pincher Creek No. 9;

(

c) Municipal District of Ranchland No. 66;

(

d) Municipal District of Taber;

(

e) Vulcan County;

(

f) County of Warner No. 5;

(

g) Municipal District of Willow Creek No. 26;

(

h) Improvement District No. 4 (Waterton);

(

i) County of Lethbridge;

(

j) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (i).

(2) District No. 2 consists of that land included in the following:

(

a) Municipal District of Bighorn No. 8;

(

b) Municipal District of Foothills No. 31;

(

c) Kneehill County;

(

d) Mountain View County;

(

e) Municipal District of Rocky View No. 44;

(

f) Wheatland County;

(

g) Kananaskis Improvement District;

(

h) Improvement District No. 9 (Banff);

(

i) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (h).

(3) District No. 3 consists of that land included in the following:

(

a) Municipal District of Acadia No. 34;

(

b) Cypress County;

(

c) County of Forty Mile No. 8;

(

d) County of Newell No. 4;

(

e) County of Paintearth No. 18;

(

f) County of Stettler No. 6;

(

g) Special Area No. 2;

(

h) Special Area No. 3;

(

i) Special Area No. 4;

(

j) Starland County;

(

k) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (j).

(4) District No. 4 consists of that land included in the following:

(

a) Municipal District of Brazeau No. 77;

(

b) Clearwater County;

(

c) Lacombe County;

(

d) Leduc County;

(

e) Red Deer County;

(

f) Ponoka County;

(

g) County of Wetaskiwin No. 10;

(

h) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (g).

(5) District No. 5 consists of that land included in the following:

(

a) County of Athabasca No. 12;

(

b) Beaver County;

(

c) County of Camrose No. 22;

(

d) Flagstaff County;

(

e) Lamont County;

(

f) County of Minburn No. 27;

(

g) Municipal District of Provost No. 52;

(

h) Smoky Lake County;

(

i) Strathcona County;

(

j) County of St. Paul No. 19;

(

k) County of Thorhild No. 7;

(

l) County of Two Hills No. 21;

(

m) County of Vermilion River No. 24;

(

n) Municipal District of Bonnyville No. 87;

(

o) Municipal District of Wainwright No. 61;

(

p) Regional Municipality of Wood Buffalo;

(

q) Lakeland County;

(

r) Improvement District No. 5 (Elk Island);

(

s) Improvement District No. 24 (Wood Buffalo);

(

t) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (s).

(6) District No. 6 consists of that land included in the following:

(

a) County of Barrhead No. 11;

(

b) Municipal District of Big Lakes;

(

c) Birch Hills County;

(

d) Municipal District of Clear Hills No. 21;

(

e) Municipal District of East Peace No. 131;

(

f) Municipal District of Fairview No. 136;

(

g) County of Grande Prairie No. 1;

(

h) Municipal District of Greenview No. 16;

(

i) Lac Ste. Anne County;

(

j) Municipal District of Lesser Slave River No. 124;

(

k) Municipal District of Northern Lights No. 22;

(

l) Municipal District of Mackenzie No. 23;

(

m) Municipal District of Opportunity No. 17;

(

n) Parkland County;

(

o) Municipal District of Peace No. 135;

(

p) Saddle Hills County;

(

q) Municipal District of Smokey River No. 130;

(

r) Municipal District of Spirit River No. 133;

(

s) Sturgeon County;

(

t) Westlock County;

(

u) Woodlands County;

(

v) Yellowhead County;

(

w) Improvement District No. 12 (Jasper);

(

x) Improvement District No. 25 (Willmore Wilderness);

(

y) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (x).

PART 3

TRANSITIONAL PROVISIONS, REPEALS AND REVIEW

Transitional re Directors

53(1) In this section,

(a) "continued Corporation" means the Corporation continued under

this Regulation;

(b) "previous Plan" means the Alberta Pork Producers' Plan

Regulation (AR 155/2001) as it read immediately before the coming into

force of this Regulation.

(2) The persons who, immediately before the coming into force of this

Regulation, were Directors of the Corporation under the previous Plan

shall, on the coming into force of this Regulation, continue as Directors

of the continued Corporation until, in the case of a district Director for

a district, the district Director for the district is elected or otherwise

appointed under this Plan.

(3) The initial elections conducted under this Plan for district Directors

and Directors at large are to be conducted at the first district annual

meetings that are held under this Plan after August 1, 2001.

Transitional re delegates

54(1) In this section, "previous Plan" means the Alberta Pork Producers'

Plan Regulation (AR 155/2001) as it read immediately before the coming into

force of this Regulation.

(2) The persons who, immediately before the coming into force of this

Regulation, were delegates under the previous Plan shall, on the coming

into force of this Regulation, continue as delegates until, in respect of a

district, the delegates for the district are elected or otherwise appointed

under this Plan.

(3) The initial elections conducted under this Plan for delegates for a

district are to be conducted at the first district annual meetings that are

held under this Plan after August 1, 2001.

Repeal

55 The Alberta Pork Producers' Plan Regulation (AR 155/2001) is repealed.

Review

56 In compliance with the on-going regulatory review initiative, this

Regulation must be reviewed on or before February 28, 2007.

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

Alberta Regulation 220/2001

Dangerous Goods Transportation and Handling Act

DANGEROUS GOODS TRANSPORTATION AND HANDLING

AMENDMENT REGULATION

Filed: November 28, 2001

Made by the Lieutenant Governor in Council (O.C. 453/2001) on November 28,

2001 pursuant to

section 31 of the Dangerous Goods Transportation and

Handling Act.

1 The Dangerous Goods Transportation and Handling Regulation (AR 157/97)

is amended by this Regulation.

Section 1(1) is amended

(

a) by repealing clauses (a), (

b) and (

c) and substituting the

following:

(a) "Act" means the Dangerous Goods Transportation and

Handling Act;

(b) "Executive Director" means the Executive Director

of the Dangerous Goods and Rail Safety Branch of the Department of

Transportation;

Parts I to X of the Transportation of Dangerous Goods Regulations

(SOR/2001-286) made under the Transportation of Dangerous Goods Act, 1992

(Canada), as amended from time to time and as deemed to be changed by this

Regulation;

(

b) in clause (

e) by striking out ", or" at the end of subclause

(

i) and repealing subclause (ii);

(

c) by repealing clause (e), as amended by clause (

b) of this

Regulation, and substituting the following:

(e) "test facility" means a facility registered with

Transport Canada for the purposes of completing the requirements of

section

5.14(1)(a)(ii) of the Federal Regulations, so far as it applies CSA

Standard B621-98 (including any relevant provisions of CSA Standard B620-98

that are incorporated by CSA Standard B621-98).

Section 4 is repealed and the following is substituted:

Dis-application of

section 5.14 to old containers

Section 5.14 of the Federal Regulations is deemed to be changed

(

a) by renumbering it as

section 5.14(1);

(

b) by deeming subsection (1)(a)(ii) to be deleted and

to read instead:

(ii) CSA B621-98, including any provisions

of CSA B620-98 that are incorporated by CSA B621-98;

(

c) by inserting the following after

section 5.14(1):

(2) Subsection (1)(a)(ii) does not apply to old large

containers within the meaning of

section 5.14.1(1) so long as

section

5.14.1 applies to them.

Section 5 is amended

(

a) by striking out "7.33.1" and substituting "5.14";

(

b) by striking out "7.33.1.5(1)" and substituting "5.14.1(1)";

(

c) by repealing the portions of the

section that deem the Federal

Regulations to include

section 7.33.1.5(2)(b), (c), (

e) and (f) (based on

the numbering before any amendment of the

section by this Regulation) and

substituting the following in their appropriate alphabetical order:

(

b) the old large container meets the inspection

criteria of clause 8.1 of CSA B620-98,

(

c) the first inspection and test referred to in clause

(

b) were conducted at a test facility on or before December 31, 1999,

(

e) subsequent inspections required by clause 8.1 of

CSA B620-98 performed after those first ones referred to in clause (

c) are

marked in accordance with clause 8.4 of that Standard,

(

f) the old large container is reinspected and retested

at a test facility at the periodic intervals in accordance with clause 8.1

of CSA B620-98, and

(

g) for the purposes of determining testing

requirements,

(

i) an old large container not used in

vacuum service is to be considered equivalent to a TC 306 crude tank, and

(ii) an old large container used in vacuum

service is to be considered equivalent to a TC 350 crude tank.

(

d) by repealing the portion of the

section that deems the Federal

Regulations to include that

section 7.33.1.5(4) and substituting the

following:

(4) This

section ceases to have any force

(

a) as respects an old large container manufactured

before July 1, 1990, at the end of June 30, 2005, and

(

b) as respects an old large container manufactured

after June 30, 1990, 15 years after the end of the day of its manufacture

or at such earlier date as the old large container in question

complies with

section 5.14(1)(a)(ii).

5 Sections 7, 8, 9, 14, 18, 19 and 20 are amended by adding "Executive"

before "Director" wherever it occurs.

Section 28 is amended by striking out "2001" and substituting "2006".

Section 29 is repealed.

Schedule 1 is amended by repealing the item in the right hand column

applicable to Class 7 and substituting the following:

Nuclear substances within the meaning of the Nuclear

Safety and Control Act (Canada)

9 The following provisions come into force on August 15, 2002:

(

a) section 2(a), to the extent that it repeals and replaces

section 1(1)(

c) of the principal Regulation being amended;

(

b) section 2(c);

(

c) section 3;

(

d) section 4.