Alberta Gazette — 14 December (ii)

1214 ii

Alberta — Gazette

Alberta Regulation 263/96

Mines and Minerals Act

PRESCRIBED AMOUNTS (NATURAL GAS

ROYALTY) AMENDMENT REGULATION

Filed: November 19, 1996

Made by the Branch Head, Gas Royalty and Mineral Tax (M.O. 35/96) pursuant

section 6 of the Natural Gas Royalty Regulation, 1994.

1 The Prescribed Amounts (Natural Gas Royalty) Regulation (Alta. Reg.

36/95) is amended by this Regulation.

Section 4 is amended by adding the following after subsection (21):

(22) The following prices are prescribed for the September 1996

production month:

Item Price

Gas Reference Price $1.20 per gigajoule

Gas Par Price $1.38 per gigajoule

Pentanes Reference Price $203.62 per cubic metre

Pentanes Par Price $180.88 per cubic metre

Propane Reference Price $137.07 per cubic metre

Butanes Reference Price $122.50 per cubic metre

Section 5 is amended by adding the following after subsection (21):

(22) The following allowances per cubic metre are prescribed for

the September 1996 production month:

Item Price

Fractionation Allowance $7.00

Transportation Allowance Region Region Region Region

1 2 3 4

(

a) pentanes plus described in s6(7)(b)(

i) of the Natural Gas

Royalty Regulation, 1994 (Alta. Reg. 351/93)

$4.50 $5.65 $9.00 $7.12

(

b) propane and butanes described in s6(7)(b)(ii) of the Natural

Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)

$6.40 $6.47 $-80.70 $4.54

(

c) pentanes plus, propane and butanes described in s6(7)(b)(iii)

of the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)

$6.68 $8.06 $12.33 $13.26

Storage Allowance for pentanes plus, propane and butanes

$ 0.00

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

Alberta Regulation 264/96

Natural Gas Marketing Act

NATURAL GAS MARKETING AMENDMENT REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 529/96) pursuant to

section 11 of the Natural Gas Marketing Act.

1 The Natural Gas Marketing Regulation (Alta. Reg. 358/86) is amended by

this Regulation.

Section 9 is amended

(

a) in subsection (1)

(

i) by repealing clause (c);

(ii) by adding the following after clause (c.1):

(c.2) "number vote" means a vote referred to

section 10(1)(c)(i);

(c.3) "quantity vote" means a vote referred

to in

section 10(1)(c)(ii);

(iii) by repealing clause (d);

(

b) in subsection (2)

(

i) by striking out "60% vote" and substituting

"quantity vote";

(ii) by striking out "or deemed to have been submitted";

(

c) in subsection (3)

(

i) by striking out "60% vote" and substituting

"quantity vote";

(ii) by striking out "or deemed to have been submitted".

Section 10 is amended

(

a) in subsection (1) by repealing clause (

c) and substituting the

following:

(

c) the Commission determines that

(

i) more than 50% of the producers that

cast ballots, voted in favour of the question, and

(ii) the producers or the principal sellers,

as the case may be, having more than 50% of the aggregate attributed

contract quantities related to ballots that were cast, voted in favour of

the question.

(

b) in subsection (2) by striking out "60% vote" wherever it occurs

and substituting "quantity vote";

(

c) in subsection (5)

(

i) in clause (

a) by striking out "or whether he was

shown as being deemed to have submitted a "yes" ballot by reason of

section

11(2)(f)";

(ii) in clause (c)

(

A) by striking out "60% vote" and

substituting "quantity vote";

(

B) by striking out "or deemed to be

submitted";

(

C) in subclause (iii) by striking out "or

whether the principal seller was deemed to have submitted a "yes" ballot

with respect to that contract by reason of

section 11(2)(f)(iii)."

Section 11(2) is amended

(

a) in clause (a)(iii) by striking out "60% vote" and substituting

"quantity vote";

(

b) in clause (c)(ii) by striking out "51% vote and of the 60%

vote" and substituting "number vote and the quantity vote";

(

c) in clause (d)(i)

(

i) by striking out "51% vote" and substituting "number

vote";

(ii) by striking out "60% vote" and substituting

"quantity vote";

(

d) in clause (d)(ii) by striking out "60% vote" and substituting

"quantity vote";

(

e) in clause (e)

(

i) by striking out "60% vote" and substituting

"quantity vote";

(ii) in subclauses (

i) and (ii) by striking out "or

deemed to have been submitted";

(

f) by repealing clause (

f) and substituting the following:

(

f) for the purposes of

section 10(1)(c),

(

i) only ballots that are cast by the

voting deadline, other than ballots revoked or replaced pursuant to

section

11(2)(d)(iii), and

(ii) only ballots that indicate either an

unconditional yes' or an unconditional no'

shall be counted as cast ballots.

(

g) by repealing clause (g).

5 This Regulation applies to votes for which a voting notice is issued on

or after December 1, 1996.

Alberta Regulation 265/96

Alberta Heritage Savings Trust Fund Act

HERITAGE FUND FOREIGN INVESTMENT

LIMITATION REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 534/96) pursuant to

section 17 of the Alberta Heritage Savings Trust Fund Act (SA 1996

cA-27.01).

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Heritage Savings Trust Fund Act;

(b) "cost amount" means cost amount as determined under

Part XI of

the Income Tax Act (Canada);

in the Act;

(d) "foreign property" means foreign property as defined in the

Income Tax Act (Canada);

(e) "transition portfolio" means the transition portfolio as

defined in the Act.

Transition portfolio

2 The cost amount of investments in the transition portfolio that consist

of foreign property shall not exceed 20% of the cost amount of all assets

of the transition portfolio.

Endowment portfolio

3 The cost amount of investments in the endowment portfolio that consist

of foreign property shall not exceed 20% of the cost amount of all assets

of the endowment portfolio.

Expiry

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

ongoing relevancy and necessity, with the option that it may be re-passed

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

expires on December 31, 2001.

Alberta Regulation 266/96

Financial Administration Act

ALBERTA FOUNDATION FOR MEDICAL

RESEARCH EXEMPTION REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 536/96) pursuant to

sections 2 and 80.1 of the Financial Administration Act.

1 The Alberta Foundation for Medical Research is exempt from the

application of

section 80.1(4) of the Financial Administration Act in

respect of its acquiring of a subsidiary corporation the Alberta Foundation

for Health Research.

2 This Regulation is deemed to have come into force on November 17, 1994.

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

Alberta Regulation 267/96

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 544/96) pursuant to

Schedule 2,

section 4 of the Public Sector Pension Plans Act.

1 The Public Service Pension Plan (Alta. Reg. 368/93) is amended by this

Regulation.

Part 2 of

Schedule 2 is amended by repealing item 1.

Alberta Regulation 268/96

Justice of the Peace Act

JUSTICE OF THE PEACE AMENDMENT REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 545/96) pursuant to

section 7 of the Justice of the Peace Act.

1 The Justice of the Peace Regulation (Alta. Reg. 309/91) is amended by

this Regulation.

Section 3 is amended

(

a) by repealing clause (

e) and substituting the following

(

e) the provisions of the Gaming and Liquor Act that

relate to liquor matters;

(

b) by repealing clause (i);

(

c) by repealing clause (

r) and substituting the following:

(

r) any regulations made under

an Act specified in

clauses (

a) to (

d) and (

f) to (q);

(r.1) any regulations made under the Gaming and Liquor

Act that relate to liquor matters;

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

Alberta Regulation 269/96

Judgment Interest Act

JUDGMENT INTEREST AMENDMENT REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 546/96) pursuant to

section 4 of the Judgment Interest Act.

1 The Judgment Interest Regulation (Alta. Reg. 364/84) is amended by

this Regulation.

2 The following is added after

section 13:

14 The interest rate from January 1, 1997 to December 31, 1997 is

prescribed at 3.5% per year.

Alberta Regulation 270/96

Regulations Act

MISCELLANEOUS REPEAL REGULATION (NO. 5)

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 270/96) pursuant to

section 10 of the Regulations Act.

1 The following regulations are repealed:

(

a) Commission Procedure Regulation (Alta. Reg. 150/90);

(

b) Delegation Regulation (Alta. Reg. 262/80);

(

c) Physical Disabilities Assistance Programs Continuation

Regulation (Alta. Reg. 347/80);

(

d) Nova Gas Transmission Ltd. Regulation (Alta. Reg. 165/94);

(

e) Nova Joint Hearing Regulation (Alta. Reg. 98/93);

(

f) TQM Pipeline Regulation (Alta. Reg. 346/82);

(

g) Part 7 Approved Lenders Order (Alta. Reg. 292/80);

(

h) Coal Leases Royalty Waiver Regulation (Alta. Reg. 235/83);

(

i) Development Drilling Assistance Regulation (Alta. Reg. 244/86);

(

j) Geophysical Incentive Regulation, 1983 (Alta. Reg. 209/83);

(

k) Incentive Credit Regulation (Alta. Reg. 237/87);

(

l) Exploratory Drilling Assistance Regulation (Alta. Reg. 156/86);

(

m) Ministerial Order (Alta. Reg. 308/80);

(

n) Exemption Order (Alta. Reg. 333/68);

(

o) Rates for Hospital Fees Payable from the Unsatisfied Judgment

Fund (Alta. Reg. 413/63);

(

p) Beaver Lake Designation Order (Alta. Reg. 53/79);

(

q) Tire Recycling Management Board By-law (Alta. Reg. 257/92);

(

r) New Tire Advance Disposal Surcharge By-law (Alta. Reg. 258/92).

Alberta Regulation 271/96

Natural Gas Rebates Act

NATURAL GAS REBATES AMENDMENT REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 549/96) pursuant to

section 4 of the Natural Gas Rebates Act.

1 The Natural Gas Rebates Regulation (Alta. Reg. 105/92) is amended by

this Regulation.

Section 14 is amended by striking out "December 31, 1996" and

substituting "March 31, 2000".

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

Alberta Regulation 272/96

ABC Benefits Corporation Act

ABC BENEFITS CORPORATION REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 551/96) pursuant to

section 13 of the ABC Benefits Corporation Act.

Definitions 1

Composition and appointment of Board 2

Eligibility 3

Nominating committee 4

Remuneration and expenses 5

Winding-up 6

Coming into force 7

Expiry 8

Definitions

1 In this Regulation,

(a) "Board" means the board of the Corporation;

(b) "Corporation" means the ABC Benefits Corporation;

established under

section 4.

Composition and appointment of Board

2(1) The Board shall consist of not fewer than 5 and not more than 9

members.

(2) The members of the Board shall be appointed by the members of the

Board then in office from a list of persons nominated by the nominating

committee.

(3) In making appointments to the Board, the Board

(

a) shall make its best efforts to ensure that the membership of

the Board represents a broad and diverse cross-section of Albertans, and

(

b) shall ensure that the membership of the Board meets the

requirements of the Canadian Association of Blue Cross Plans respecting

public directors.

(4) A member of the Board shall be appointed for a term of not more than 3

years.

(5) A member of the Board is eligible for reappointment, but no person

shall serve more than 3 consecutive terms on the Board.

(6) Membership on the Board of Trustees of the Alberta Blue Cross Plan

shall be counted in determining the number of terms served for the purposes

of subsection (5).

(7) Despite the expiry of the term of office of a member of the Board, the

member remains in office until

(

a) the member is reappointed or a successor is appointed, or

(

b) a period of 4 months passes after the expiry of the term of

office,

whichever happens first.

(8) Subject to subsection (1), a vacancy in the membership of the Board

does not invalidate the constitution of the Board or impair the right of

members of the Board to act.

Eligibility

3(1) The following persons are not eligible to become or remain members

of the Board:

(

a) a person who has, within the preceding 5 years, been convicted

of an indictable offence;

(

b) a person who is an officer or employee of the Corporation;

(

c) a person who has the status of bankrupt;

(

d) a person who

(

i) is a dependent adult as defined in the Dependent

Adults Act or is the subject of a certificate of incapacity under that Act,

(ii) is a formal patient as defined in the Mental Health

Act, or

(iii) has been found to be a person of unsound mind by a

court elsewhere than in Alberta.

(2) A member of the Board ceases to hold office when

(

a) the member dies or resigns,

(

b) the member becomes ineligible under subsection (1), or

(

c) the member's appointment expires, subject to

section 2(7).

(3) A resignation of a member of the Board becomes effective at the time a

written resignation is sent to the Board or at the time specified in the

resignation, whichever is later.

Nominating committee

4(1) There is hereby established a nominating committee consisting of the

following persons:

(

a) the current Chair of the Board, or if there is no Chair then in

office, the current Vice-chair;

(

b) one person appointed by the Provincial Health Authorities of

Alberta;

(

c) one person who is a member of the Institute of Chartered

Accountants of Alberta and is appointed by the Council of the Institute;

(

d) one person appointed by the Alberta Association of Municipal

Districts and Counties.

(2) The Chair of the Board shall give the nominating committee reasonable

advance notice of the expiry of the term of a member, and the nominating

committee shall provide a list of at least 2 nominees to the Board within a

reasonable time before the expiry of the term.

(3) When a vacancy occurs unexpectedly, the Chair of the Board shall

notify the nominating committee, and the nominating committee shall, within

60 days of being so notified, provide a list of at least 2 nominees to the

Board.

(4) In making nominations, the nominating committee

(

a) shall make its best efforts to ensure that the persons

nominated are such that the membership of the Board will represent a broad

and diverse cross-section of Albertans, and

(

b) shall ensure that the persons nominated meet the requirements

of the Canadian Association of Blue Cross Plans respecting public

directors.

(5) Despite

section 2(2), if the nominating committee fails to provide

nominees as required by this section, the Board may appoint a person it

chooses.

Remuneration and expenses

5 Members of the Board are entitled to be paid remuneration and

reasonable expenses for carrying out their duties as members in the amounts

set by the Board in the by-laws.

Winding-up

6 If the Corporation is wound up, the property of the Corporation shall

be used

(

a) firstly, to pay all costs incurred in the winding-up of the

Corporation, and

(

b) secondly, to discharge all liabilities of the Corporation,

and the balance, if any, shall be disposed of by order of the Lieutenant

Governor in Council.

Coming into force

7 This Regulation comes into force on December 1, 1996.

Expiry

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

ongoing relevancy and necessity, with the option that it may be re-passed

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

expires on December 31, 2001.

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

Alberta Regulation 273/96

Health Foundations Act

HEALTH FOUNDATIONS REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 553/96) pursuant to

section 15 of the Health Foundations Act.

Foundations established 1

Distribution of assets 2

Remuneration and expenses 3

Minimum value of gifts 4

By-laws 5

Investments 6

CCITF 7

Winding-up 9

Coming into force 10

Expiry 11

Foundations established

1(1) The following foundations are hereby established for the following

regional health authorities:

(

a) the Calgary Health (Crown) Foundation is established for the

Calgary Regional Health Authority;

(

b) the Capital Health (Crown) Foundation is established for the

Capital Health Authority;

(

c) the Chinook Health Region (Crown) Foundation is established for

the Chinook Regional Health Authority;

(

d) the Headwaters Health Authority (Crown) Foundation is

established for the Headwaters Regional Health Authority;

(

e) the Health Region #6 (Crown) Foundation is established for the

David Thompson Regional Health Authority;

(

f) the Keeweetinok Lakes (Crown) Foundation is established for the

Keeweetinok Lakes Regional Health Authority #15;

(

g) the Northwestern Health Services (Crown) Foundation is

established for the Northwestern Regional Health Authority;

(

h) the Peace Health (Crown) Foundation is established for the

Peace Regional Health Authority.

(2) The Alberta Cancer (Crown) Foundation is hereby established for the

Alberta Cancer Board.

Distribution of assets

2 Subject to

section 3, a foundation must not distribute any of its

assets to its trustees.

Remuneration and expenses

3 If the board of trustees authorizes a foundation to pay to the trustees

remuneration and travelling, living and other expenses incurred in the

course of their duties as trustees, the remuneration and expenses must be

paid at the rate set out in

Schedule 2, Part A of the Committee

Remuneration Order established by Order in Council numbered O.C. 769/93.

Minimum value of gifts

4 A foundation shall not accept a gift that is in an amount or is valued

at an amount that is less than $5000.

By-laws

5(1) A foundation shall make the by-laws referred to in

section 8 of the

Act and submit them to the Minister for approval not later than 180 days

after the establishment of the foundation.

(2) Where the Minister receives by-laws for approval, the Minister may

(

a) approve the by-laws as submitted, or

(

b) refer the by-laws back to the foundation with directions to

make changes.

(3) The Minister may, by directive, require a foundation to amend or

repeal its by-laws in accordance with the directive.

(4) A foundation shall comply with its by-laws.

Investments

6(1) A foundation may invest its funds only in

(

a) securities issued by or guaranteed as to principal and interest

by the Province of Alberta or any other province or by Canada, or

(

b) deposit receipts, deposit notes, certificates of deposit,

acceptances and other similar instruments issued by or guaranteed as to

principal and interest by a bank, credit union, loan corporation, treasury

branch, trust corporation or insurance company authorized to carry on

business in Alberta.

(2) An investment under subsection (1) must be redeemable with or without

penalty within 366 days of being made.

CCITF

7 A foundation may, with the approval of the Provincial Treasurer, be a

depositor in the Consolidated Cash Investment Trust Fund.

8 The Minister may make any approval that the Minister is authorized to

give under or pursuant to this Regulation subject to any terms and

conditions that the Minister considers appropriate.

Winding-up

9(1) The Lieutenant Governor in Council may make an order providing for

the winding-up of a foundation.

(2) A foundation may not be wound up except by an order under subsection

(1).

(3) Where the Lieutenant Governor in Council orders that a foundation be

wound up,

(

a) the Minister shall, subject to subsection (4), take such

measures as the Minister considers are necessary to give effect to the

order and, for that purpose, has all the power and authority to act as if

the Minister were the foundation, and

(

b) the members of the board of trustees may not exercise any of

their powers or authority except under the direction of the Minister.

(4) Where a foundation is wound up, the property of the foundation shall

be used

(

a) firstly, for the payment of any costs incurred in the

winding-up of the foundation,

(

b) secondly, to discharge all liabilities of the foundation, and

(

c) thirdly, to give effect, as far as possible, to any outstanding

applicable trust conditions,

and the balance if any shall be transferred

(

d) to the regional health authority for which the foundation was

established or the Alberta Cancer Board, as the case may be, or to a

successor organization, or

(

e) if the regional health authority or the Alberta Cancer Board,

as the case may be, no longer exists and has not been replaced by a

successor organization, then to a person in Alberta who is a registered

charity or qualified donee under the Income Tax Act (Canada) and has

objects or purposes similar to the purposes of the foundation being wound

up, as determined by the Minister.

Coming into force

10 This Regulation comes into force on December 1, 1996.

Expiry

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

ongoing relevancy and necessity, with the option that it may be re-passed

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

expires on December 31, 2001.

Alberta Regulation 274/96

Regional Health Authorities Act

PROVINCIAL MENTAL HEALTH ADVISORY

BOARD AMENDMENT REGULATION (NO. 1)

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 554/96) pursuant to

section 17 of the Regional Health Authorities Act.

1 The Provincial Mental Health Advisory Board Regulation (Alta. Reg.

286/94) is amended by this Regulation.

Section 4(1) is amended by striking out "12" and substituting "12(4)".

3 The following is added after

section 4:

Interpretation

5 Except where a contrary intention is expressed as a result of

this Regulation, for the purposes of the application of

section 6,

references to a regional health authority shall be interpreted as if they

were references to the Board and references to a health region shall be

read as if they were references to Alberta.

Regulations applicable

6(1) The Property and Assets (Transitional) Regulation (Alta. Reg.

14/95) applies in respect of the Board as if it were a regional health

authority, but

section 2 of that Regulation shall be interpreted as if it

did not refer to requisitioned funds.

(2) The Regional Health Authorities Regulation (Alta. Reg. 15/95)

applies, with the following modifications, in respect of the Board as if it

were a regional health authority:

(a)

section 2(2) of that Regulation shall be

interpreted as if it read as follows:

(2) The Provincial Mental Health Advisory Board shall,

within 90 days after the coming into force of the Provincial Mental Health

Advisory Board Amendment Regulation (No. 1), make by-laws respecting

guarantees, indemnities and capital leasing by the Board, and those by-laws

must contain at least the following:

(

a) the maximum total amount of outstanding

guarantee obligations, indemnity obligations and capital lease obligations

that the Board is permitted to incur, with separate totals shown for

(

i) the maximum permitted

capital leasing obligations,

(ii) the maximum potential liability

that may be incurred through guarantees and indemnities;

guarantee transactions, indemnity transactions and capital leasing

transactions between the Board and persons and entities in respect of which

it is not dealing at arm's length;

(

c) the disclosure requirements in respect

of transactions referred to in clause (b);

(

d) the means by which and the time within which

the Board will bring itself into compliance with the requirements of the

by-laws and this Regulation respecting guarantees, indemnities and capital

leasing, where the Board is not in compliance with those requirements on

the effective date of those by-laws;

(

e) any other information specified by the

Minister by notice in writing to the Board.

(b)

section 2(4) of that Regulation shall be

interpreted as if "on or before September 30, 1995" read "within 90 days

after the coming into force of the Provincial Mental Health Advisory Board

Amendment Regulation (No. 1)";

(

c) section 2.2(7) of that Regulation shall be

interpreted as if it read as follows:

(7) Where the Board enters into a transaction referred

to in

section 2.1(1) or establishes or amends a line of credit, it shall

ensure that by the terms of the agreement

(

a) only the Board is liable in respect of

the agreement, and

(

b) the other parties to the contract

acknowledge and agree that the Crown is not liable for the acts or

omissions of the Board, except where the Crown specifically assumes such

liability.

(

d) section 2.51 of that Regulation shall be

interpreted as if it read as follows:

2.51(1) Where the Board enters into a joint

venture agreement, it shall ensure that its financial commitment in the

agreement is clearly specified in the agreement or can be determined from

(2) Unless the Board has the Minister's approval,

the Board shall not enter into a joint venture agreement with any person

other than a regional health authority.

(

e) section 2.8(3) of that Regulation shall be

interpreted as if it read as follows:

(3) The Board may engage in an ancillary operation

(

a) itself,

(

b) through a joint venture agreement, or

(

c) with the Minister's approval, through a

subsidiary health corporation,

and a reference in this

section to an ancillary operation

includes an ancillary operation engaged in by any of those means.

(

f) section 2.8(6) of that Regulation shall be

interpreted as if it read as follows:

(6) The Board may market ancillary operations to

regional health authorities and to other provincial health boards.

(

g) section 2.8(11) of that Regulation shall be

interpreted as if "other regional health authorities or to provincial

health boards" read "regional health authorities or to other provincial

health boards";

(

h) section 2.9(1)(a)(ii) and (b)(ii) of that

Regulation shall be interpreted as if "authority" read "Board";

(

i) sections 2.91, 5 and 7 of that Regulation do not

apply.

(3) The Regional Health Authorities (Ministerial) Regulation (Alta.

Reg. 17/95) applies, with the following modifications, in respect of the

Board as if it were a regional health authority:

(

a) section 1 of that Regulation does not apply;

(b)

section 2(2) and (3) of that Regulation shall be

interpreted as if they read as follows:

(2) The Board shall provide its annual report to the

Minister not later than the July 31 immediately following each fiscal year.

(3) The Board shall provide its audited financial

statements and the information referred to in

section 3 to the Minister not

later than the June 30 immediately following each fiscal year.

(

c) section 5 of that Regulation does not apply.

(4) Sections 1 to 13 of the Regional Health Authorities Foundations

Regulation (Alta. Reg. 16/95) apply in respect of the Board as if it were a

regional health authority.

Order of agreement for the purpose of winding up

7(1) The Minister may

(

a) make an order providing for the winding up of the

affairs of the Board and the assumption of the affairs of the Board by a

regional health authority, or

(

b) direct the Board and a regional health authority to

enter into an agreement for the purposes of winding up the affairs of the

Board and the assumption of the affairs of the Board by the regional health

authority.

(2) An order or agreement under this

section may contain any

provisions that are necessary to accomplish the purposes set out in

subsection (1).

(3) The Minister may require the parties to include in an agreement

under this

section any provisions that the Minister considers are necessary

to accomplish the purpose set out in subsection (1), and if the parties

neglect or refuse to include such a provision, the Minister may by order

deem the agreement to contain such a provision.

(4) The following applies in the case of an order or agreement under

this section, unless the order or agreement provides otherwise:

(

a) the property and assets of the Board are the

property and assets of the regional health authority;

(

b) the regional health authority is liable for the

obligations and liabilities of the Board;

(

c) an existing cause of action, claim or liability to

prosecution of, by or against the Board is unaffected and may be continued

by or against the regional health authority;

(

d) a civil, criminal or administrative action or

proceeding pending by or against the Board may be continued by or against

the regional health authority;

(

e) a conviction against, or ruling, order or judgment

in favour of or against, the Board may be enforced by or against the

regional health authority.

(5) An agreement under this

section is ineffective until it is

approved by the Minister.

Alberta Regulation 275/96

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITIES AMENDMENT REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 555/96) pursuant to

section 21 of the

Regional Health Authorities Act.

1 The Regional Health Authorities Regulation (Alta. Reg. 15/95) is

amended by this Regulation.

Section 1 is amended by adding the following after clause (a):

(a.1) "foundation" means

(

i) a foundation established or continued under the

Regional Health Authorities Foundations Regulation (Alta. Reg. 16/95),

(ii) a foundation established under the Health

Foundations Act, and

(iii) the Alberta Cancer Foundation, Alberta Children's

Hospital Foundation, Alberta Hospital Edmonton Foundation, Foothills

Hospital Foundation, and The Royal Alexandra Hospitals Foundation and any

corporation exempted under

section 77 of the Hospitals Act;

Section 2.5(6) is repealed.

Section 2.71(2) to (5) are repealed and the following is substituted:

(2) Subject to any directive, a regional health authority may make

repayable advances to a foundation.

(3) A regional health authority may, subject to the regional health

authority's taking all reasonable steps to ensure that existing trust

conditions, if any, are complied with, transfer any property received by

means of a bequest, donation or other gift to a foundation.

(4) Subject to any directive, a regional health authority may

provide a non-monetary subsidy to a foundation if the regional health

authority expects to receive benefits from the foundation that exceed the

value of the non-monetary subsidy.

(5) A regional health authority that provides a non-monetary subsidy

to a foundation shall advise the foundation of the value of the subsidy

within 21 days after the end of the authority's fiscal year.

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

Alberta Regulation 276/96

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITIES

FOUNDATIONS AMENDMENT REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 556/96) pursuant to

section 21 of the Regional Health Authorities Act.

1 The Regional Health Authorities Foundations Regulation (Alta. Reg.

16/95) is amended by this Regulation.

Section 11

(

a) is amended in subsection (1) by striking out "Within 90 days

after the end of its fiscal year" and substituting "Not later than the July

31 immediately following each fiscal year";

(

b) by adding the following after subsection (2):

(3) The Minister may issue to a foundation written directives

respecting the form and content of any information to be provided under

subsection (1).

(4) A foundation must submit its audited financial statements

to the Minister not later than the June 15 immediately following each

fiscal year.

Alberta Regulation 277/96

Government Organization Act

DESIGNATION AND TRANSFER OF

RESPONSIBILITY AMENDMENT REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 557/96) pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (Alta. Reg.

398/94) is amended by this Regulation.

Section 13 is amended by adding the following after subsection (2):

(3) The Minister of Health is designated as the Minister

responsibility for the Health Foundations Act and for the ABC Benefits

Corporation Act.

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

Alberta Regulation 278/96

Government Organization Act

AUTHORIZED ACCREDITED AGENCIES

AMENDMENT REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 565/96) pursuant to

Schedule 10,

section 2 of the Government Organization Act.

1 The Authorized Accredited Agencies Regulation (Alta. Reg. 184/95) is

amended by this Regulation.

2 The

Schedule is amended by adding the following after item 136:

603 - 77 Ave. S.E., Calgary, AB T2H 2B9

138 Action Elevator Service Ltd.

191-440-10816 Macleod Tr. S., Calgary, AB T2J 5N8

139 C & M Elevator Maintenance Ltd.

216 - 39 Ave. N.E., Calgary, AB T2E 2M5

140 Canspec Group Inc.

7450 - 18 St., Edmonton, AB T6P 1N8

141 City of Red Deer Fire Prevention Inspection & Investigation

Box 5008, Red Deer, AB T4N 3T4

142 Dover Corporation (Canada) Limited

604-10216-124 St., Edmonton, AB T5N 4A3

143 Elcor Elevator Services Corporation

4412 Manilla Rd. S.E., Calgary, AB T2G 4B7

144 Fire Spectrum Incorporated

797 East Chestermere Dr., Chestermere, AB T1X 1A6

145 Hoffer Enterprises Ltd.

449-3223-83 St. N.W., Calgary, AB T3B 5P3

146 ME Permit Professionals

5008 - 47 St., Lloydminster, AB T9V 0E9

147 Medicine Hat Fire Department

440 Maple Ave. S.E., Medicine Hat, AB T1A 7S3

148 Montgomery Kone Elevator Co. Limited-Calgary

24-666 Goddard Ave. N.E., Calgary, AB T2K 5X3

149 Montgomery Kone Elevator Co. Limited-Edmonton

14204 - 128 Ave, Edmonton, AB T5L 3H5

150 Northern Alberta Permit Centre

205-9917-116 Ave., Grande Prairie, AB T8V 3Y3

151 Otis Canada, Inc.

1230-10 Ave. S.W., Calgary, AB T3C 0J2

152 Propane Gas Association of Canada Inc.

1800-300-5 Ave. S.W., Calgary, AB T2P 3C4

153 QA Projects Ltd.

653 Whiston Wynd, Edmonton, AB T6M 2C3

154 R & E Elevator Ltd.

24 Newlands Ave., Red Deer, AB T4P 1Z9

155 Rappel Inspections Ltd.

P.O. Box 7385, Peace River, AB T8S 1T1

156 Ron's Inspection Services

Box 7758, Bonnyville, AB T9N 2J1

157 S.L.E. Inspection Services

Box 628, Gibbons, AB T0A 1N0

158 Schindler Elevator Corporation

10527 - 107 St., Edmonton, AB T5H 2Y5

159 Western Ropeway Services

Box 2766, Banff, AB T0L 0C0

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

Alberta Regulation 279/96

Municipal Government Act

EDMONTON INTERNATIONAL AIRPORT VICINITY

PROTECTION AREA AMENDMENT REGULATION

Filed: November 20, 1996

Made by the Lieutenant Governor in Council (O.C. 568/96) pursuant to

section 693 of the Municipal Government Act.

1 The Edmonton International Airport Vicinity Protection Area Regulation

(Alta. Reg. 63/81) is amended by this Regulation.

Section 4 is amended

(

a) in subsection (2) by striking out "subsections (2.1)" and

substituting "subsections (2.1), (2.2),";

(

b) by adding the following after subsection (2.1):

(2.2) Notwithstanding anything in this Regulation, a development

officer may issue a development permit for a second residence to be located

on the west half of the northeast quarter of

section 36 in Township 49,

Range 25 West of the 4th Meridian, outside NEF 30.

Alberta Regulation 280/96

Marketing of Agricultural Products Act

ALBERTA FRESH VEGETABLE PRODUCERS'

PLAN REGULATION

Filed: November 25, 1996

Made by the Lieutenant Governor in Council (O.C. 562/96) pursuant to

section 23 of the Marketing of Agricultural Products Act.

Definitions 1

Designation of agricultural product 2

Designation of Canada Act 3

Part 1

General Operation of Plan

Division 1

Plan

Plan continued 4

Termination of Plan 5

Application of Plan 6

Purpose and intent 7

Districts 8

Division 2

Operation of Plan by Board

Board continued 9

Functions of Board 10

Regulations to operate Plan 11

Financing of Plan 12

Remuneration 13

Appointment of auditor 14

Authority from Governor in Council 15

Indemnification fund 16

Part 2

Governance of Plan

Division 1

Board

Members of the Board 17

Representation by areas 18

Chairman 19

Board meetings 20

Quorum 21

Terms of office 22

Missing meetings 23

Filling vacancies 24

Division 2

General Meetings of Producers

Annual general meetings 25

Special general meetings 26

Time and place of general meeting 27

Notification of general meeting 28

Quorum 29

Division 3

Eligibility, Voting and Elections

Producers who are individuals 30

Producers who are not individuals 31

Voting 32

Election for member of the Board 33

Eligibility re Board member 34

Returning officer 35

Election records 36

Result of invalid election 37

Controverted election 38

Part 3

Transitional, Review and Repeal

Transitional 39

Review 40

Repeal 41

Definitions

1 In this Regulation,

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

(b) "Board" means the Board continued under

section 9;

offers for sale or receives for either of those purposes, the regulated

product produced by that producer;

(d) "consumer" means a person who receives or purchases the

regulated product

(

i) for the use of that person, or

(ii) in the case of an individual, for the use of that

person's family,

and not for the purpose of re-sale in any form;

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

Council;

(f) "fresh cut vegetables" means field-grown fresh vegetables that

have been peeled, sliced, chopped or shredded, but that have not been

cooked, canned, frozen or dried for any type of long term preservation;

(g) "marketing" means buying, owning, selling, offering for sale,

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

financing the regulated product in any manner by any person;

(h) "person" means a person as defined in the

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act,

(ii) any unincorporated organization that is not a

partnership referred to in subclause (i), and

(iii) any group of individuals who are carrying on an

activity for a common purpose and are neither a partnership referred to in

subclause (

i) nor an unincorporated organization referred to in subclause

(ii);

(i) "Plan" means the Plan continued under

section 4;

(j) "producer" means any person who produces the regulated product;

(k) "registered producer" means a producer who is registered with

the Board;

(l) "regulated product" means field-grown fresh vegetables grown in

Alberta, including fresh cut vegetables, but does not include vegetables

grown for processing or potatoes;

(m) "representative" means an individual appointed as a

representative under

section 31;

(n) "retailer" means a person, other than a producer or broker, who

sells the regulated product directly to a consumer;

(o) "voters list" means a list of individuals entitled to vote in

an election provided for in this Regulation;

(p) "wholesaler" means a person, other than a producer or broker,

who sells the regulated product to anyone other than a consumer.

Designation of agricultural product

2 Field-grown fresh vegetables and fresh cut vegetables are designated as

agricultural products for the purpose of the Act.

Designation of Canada Act

3 The Advance Payments for Crops Act (Canada) including any amendments to

or replacements of it is hereby designated as a Canada Act.

PART 1 GENERAL OPERATION OF PLAN

Division 1

Plan

Plan continued

4 The Alberta Fresh Vegetable Marketing Plan, 1974 established under

Alberta Regulation 167/74 and continued as the Alberta Fresh Vegetable

Marketing Plan under Alberta Regulation 331/90 is hereby amended and

continued under this Regulation with the name "Alberta Fresh Vegetable

Producers' Plan".

Termination of Plan

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

time and shall remain in force unless otherwise terminated pursuant to the

Act.

Application of Plan

6(1) This Plan applies

(

a) to all of Alberta, and

(

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

regulated product.

(2) Notwithstanding subsection (1), the sales by a producer directly to a

consumer of the regulated product produced by the producer are exempt from

this Plan.

Purpose and intent

7 The purpose of the Plan is to encourage the development of a globally

competitive industry through the effective promotion, control and

regulation of the marketing of the regulated product in Alberta and,

without limitation, to accomplish the following:

(

a) the licensing of producers and brokers;

(

b) the promotion of sound supply chain management practices to

ensure continuity of a high quality market supply of the regulated product

and services year round;

(

c) the promotion of

(

i) the replacement of imported field-grown fresh

vegetables and fresh cut vegetables by the regulated product produced by

Alberta producers,

(ii) market expansion for the regulated product, and

(iii) integrated production and marketing of the

regulated product;

(

d) the maintenance of industry statistics and the use of market

surveys, industry analyses and international market studies by producers to

encourage the transfer of technology, marketing systems and research;

(

e) the promotion of co-operative marketing structures by producers

and others and the development of provincial, national and international

strategic alliances with other marketing boards and commissions,

corporations, grower associations and co-operatives to enable producer

participation in national and international markets;

(

f) to assist producers in meeting the requirements of national and

international quality control and food safety programs, product

identification and handling systems;

(

g) to encourage understanding of international trade agreements;

(

h) the establishment and maintenance of a system of grading

wherein all regulated product must be graded before sale to anyone other

than a consumer;

(

i) the establishment and maintenance of minimum price or prices of

the regulated product or any class, variety, grade, size or kind of the

regulated product, whether packaged or handled in bulk, to ensure

competitive pricing against any imported product for the producer or

broker, when selling to any person other than a consumer;

(

j) to promote suitable forms of market information and to

encourage communication and producer information exchange through

management programs;

(

k) to promote and support development of horticultural human

resource training programs for management and employees and the

certification of those persons;

(

l) to establish and maintain a research fund enabling the conduct

of research into the production of the regulated product, development of

storage, fresh-cut technology, packing and marketing;

(

m) to promote the registration of necessary pesticides and

chemicals and to support necessary testing of them for use in Alberta;

(

n) to promote and facilitate for producers and co-operative

marketing organizations the access to appropriate sources of capital for

construction of storage and handling facilities and of plant and equipment

for the purposes of encouraging industry growth and efficiency;

(

o) to promote the interests of producers in representations to

governments regarding legislation which may impact on the production or

marketing of the regulated product and the pursuit of suitable forms of

crop insurance and safety nets;

(

p) to co-operate with marketing boards and commissions,

corporations, grower associations and co-operatives located in Alberta and

in other provinces that have objectives similar to those of the Board;

of Alberta in respect of the maintenance of the quality and the marketing

of the regulated product;

(

r) the participation in the program under the Advance Payments for

Crops Act (Canada).

Districts

8 For the purposes of this Plan, Alberta is divided into the 2 following

districts:

(

a) Alberta North consisting of all that area of Alberta that is

north of the 7th base line;

(

b) Alberta South consisting of all that area of Alberta that is

south of the 7th base line.

Division 2

Operation of Plan by Board

Board continued

9 The Alberta Fresh Vegetable Marketing Board is hereby continued with

the name "Alberta Fresh Vegetable Producers".

Functions of Board

10 The Board

(

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

regulation, supervision and enforcement of this Plan;

(

b) shall open one or more bank accounts and designate any

officers, employees and other persons necessary to sign cheques and

transact the Board's business with its financial institution, and shall

generally do all things incidental to or in connection with the transaction

of the Board's business with its financial institution;

(

c) shall maintain or cause to be maintained books and records that

from time to time may be required under the Act, the regulations or by

virtue of any order of the Council or that may be required by the Board;

(

d) shall open its books and records for inspection at all

reasonable times at the office of the Board on the written request of any

registered producer or any member of the Council;

(

e) shall forward to each registered producer a copy of the

auditor's report with a notice of the annual general meeting;

(

f) shall maintain an office and notify the Council and each

registered producer, dealer and other person or agency licensed by the

Board of the location of the office;

(

g) may appoint officers and agents, prescribe their duties and fix

and provide for their remuneration;

(

h) may, subject to the Act, the regulations and any orders of the

Council, issue orders governing the Board's internal operations.

Regulations to operate Plan

11(1) For the purposes of enabling the Board to operate this Plan, the

Council, with the approval of the Minister, may authorize the Board,

pursuant to

section 26 of the Act, to make regulations

(

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

both, of the regulated product to register their names and addresses with

the Board;

(

b) requiring any person who produces or markets the regulated

product to furnish to the Board any information or record relating to the

production or marketing of the regulated product that the Board considers

necessary;

(

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

become engaged in the production or marketing or the production and

marketing of the regulated product;

(

d) prohibiting persons from engaging in the production or

marketing of the regulated product except under the authority of a licence;

(

e) governing the issuance, suspension or cancellation of a licence

under this Plan;

(

f) providing for

(

i) the assessment, charging and collection of service

charges and licence fees 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;

(

g) requiring any person who receives the regulated product from a

producer

(

i) to deduct from the money payable to the producer

any service charges and licence fees payable by the producer to the Board,

and

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

(

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

fees or other money payable to or received by the Board for the purposes of

paying its expenses and administering this Plan and the regulations made by

the Board;

(

i) requiring persons who produce or market the regulated product

to mark the containers of their products to show the place of origin or

place of production to the satisfaction of the Board;

(

j) providing for the payment to a Canada Board of money that is

payable under a Canada Act.

(2) For the purposes of enabling the Board to operate this Plan, the

Council, with the approval of the Minister, may authorize the Board,

pursuant to

section 27(1) of the Act, to make regulations

(

a) requiring any person who provides an agricultural product to a

producer under this Plan to furnish to the Board any information requested

by the Board;

(

b) providing for the establishment and operation of one or more

programs for the disposition of any regulated product considered to be

surplus to market requirements;

(

c) determining from time to time the minimum price or prices that

shall be paid to producers for the regulated product or any class, variety,

grade, size or kind of the regulated product and determining different

prices for different parts of Alberta;

(

d) requiring that the money payable or owing to a producer for the

regulated product be paid to or through the Board;

(

e) providing for the payment to a producer of the money payable or

owing for the regulated product, less any service charges owing to the

Board by the producer, and fixing the time or times at which or within

which the payments shall be made;

(

f) providing

(

i) for the operation of one or more pools for the

distribution of all money payable to the producers from the sale of the

regulated product, and

(ii) for the deduction of reasonable and proper

disbursements and expenses with respect to the operation of the pool;

(

g) providing for the collection from any person by legal action of

money owing to a producer for the regulated product.

Financing of Plan

12 In accordance with the regulations, this Plan shall be financed

(

a) by the charging and collection of service charges or licence

fees, or both, and

(

b) by other money payable to or received by the Board including,

without restricting the generality of the foregoing, money arising from

investments of and other income earned by the Board.

Remuneration

13 The remuneration to be paid to the Chairman of the Board and to the

other members of the Board shall be fixed by a vote of the registered

producers at an annual general meeting or special general meeting of the

registered producers.

Appointment of auditor

14(1) The registered producers shall from time to time appoint an auditor

for the Board.

(2) The appointment of an auditor shall be made at an annual general

meeting or special general meeting of the registered producers.

Authority from Governor in Council

15 In accordance with

section 50 of the Act, the Board 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 Board by or under the Agricultural Products Marketing

Act (Canada) or the Farm Products Agencies Act (Canada), or both of them.

Indemnifica-tion fund

16 The Board shall not establish and operate a fund under

section 34 or

35 of the Act.

PART 2 GOVERNANCE OF PLAN

Division 1

Board

Members of the Board

17 The Board shall consist of 7 members as follows who must be registered

producers:

(a) 3 members representing Alberta North;

(b) 4 members representing Alberta South.

Representa-tion by areas

18 The Board, with the approval of the Council, may divide a district

into areas, which shall be represented by members of the Board elected

within each area.

Chairman

19(1) The members of the Board shall, at their first meeting following

each election of members to the Board, elect from the members of the Board

one member to serve as Chairman of the Board and one member to serve as

Vice-chairman of the Board.

(2) Where the Chairman's position becomes vacant the Vice-chairman shall

assume the position of the Chairman and the Board shall elect from the

members of the Board one member to serve as Vice-chairman.

Board meetings

20 The Board may, at the call of the Chairman or 3 other members of the

Board, conduct meetings of the members of the Board.

Quorum

21 The quorum necessary under this Plan for a meeting of the members of

the Board is a majority of the members on the Board at the time.

Terms of office

22(1) The term of office of a person elected as a member of the Board

under

section 33 shall

(

a) commence on the conclusion of the annual general meeting at

which the election is held to fill the office, and

(

b) expire on the conclusion of the annual general meeting held in

the 3rd year following the year in which the term commenced.

(2) No person shall serve for more than 2 consecutive full terms as a

member of the Board.

Missing meetings

23 Where a member of the Board is absent for 3 consecutive meetings of

the Board, the member's seat on the Board becomes vacant at the conclusion

of the 3rd consecutive meeting from which the member was absent unless the

Board considers that extenuating circumstances exist, in which case the

Board may waive the application of this section.

Filling vacancies

24(1) Where a vacancy occurs on the Board, the Board may, with the

approval of Council, appoint, from among the registered producers who are

eligible to be elected or who are eligible to have representatives elected

to the Board, an individual

(

a) as a member for the unexpired portion of the term, or

(

b) as a member until the next annual general meeting, when the

position must be filled in accordance with subsection (2).

(2) At an election held to fill a position under subsection (1)(b), the

person elected shall hold office

(

a) for the unexpired portion, if any, of the term of the member

who originally vacated the position, or

(

b) in accordance with

section 22, in any other case.

Division 2

General Meetings of Producers

Annual general meetings

25(1) The Board shall hold an annual general meeting of registered

producers at least once in each calendar year.

(2) Not more than 15 months may elapse between annual general meetings of

registered producers.

Special general meetings

26 Special general meetings of registered producers

(

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

(

b) shall be called by the Board on the written request of 10 or

more registered producers.

Time and place of general meeting

27 The time and place of an annual general meeting or a special general

meeting shall be fixed by the Board.

Notification of general meeting

28(1) The Board shall send to all registered producers entitled to vote

written notice not less than 15 days prior to a meeting referred to in

section 27 setting out

(

a) the time and location of the meeting, and

(

b) if special or extraordinary business is to be transacted at the

meeting, the nature of the business.

(2) A notice under subsection (1) may be conveyed to a registered producer

at the registered producer's last address shown on the records of the Board

and the notice may be sent by the following means:

(

a) by ordinary mail;

(

b) by electronic mail or other electronic means.

Quorum

29 The quorum necessary under this Plan for an annual general meeting or

a special general meeting of registered producers is 15% of the registered

producers.

Division 3

Eligibility, Voting and Elections

Producers who are individuals

30(1) A registered producer who is an individual may, subject to this

Plan,

(

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

(

b) attend meetings held under this Plan,

(

c) vote on any matter under this Plan,

(

d) vote at an election under this Plan, and

(

e) hold office under this Plan.

(2) An individual who is eligible to vote may appoint another individual

as a proxy to vote on the individual's behalf if the individual appointing

the proxy deposits with the returning officer, at least 2 days before the

day on which the vote is to be held, the document under which the proxy is

appointed.

(3) An individual may not act as a proxy for more than one individual in

respect of the same vote.

Producers who are not individuals

31(1) If a registered producer is not an individual and

(

a) makes representations on any matter pertaining to this Plan,

(

b) attends meetings held under this Plan,

(

c) votes on any matter under this Plan,

(

d) votes at an election under this Plan, or

(

e) holds office under this Plan,

that registered producer shall do so in accordance with this section.

(2) A registered producer that is not an individual shall appoint an

individual to be the representative of the registered producer.

(3) A representative appointed by a registered producer under this

section

shall

(

a) represent the registered producer in any matter pertaining to

this Plan,

(

b) attend meetings on behalf of the registered producer, and

(

c) vote and hold office, as the case may be, on behalf of the

registered producer.

(4) If a registered producer is

(

a) a corporation, it shall appoint an individual who is a

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

its representative,

(

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

or employee of the partnership as its representative, or

(

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

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

organization as its representative.

(5) An appointment of a representative under this

section must be in

writing.

(6) In the case where a vote is to be taken at a meeting, the registered

producer must deposit a document with the returning officer at least 2 days

before the day on which the vote is to be held indicating the name of the

person who may vote as a representative of the registered producer.

(7) An individual may not be a representative under this

section for more

than one registered producer.

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

representative's appointment is deposited in accordance with subsection

(6).

Voting

32(1) Subject to sections 30 and 31, a person who

(

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

producer,

(

b) resides in Alberta, and

(

c) is present at an annual general meeting or special general

meeting

is eligible to vote on any matter at that meeting and is eligible to vote

in the election of members of the Board.

(2) A person who is eligible to vote may

(

a) vote once on each matter, and

(

b) in the case of an election of members of the Board, vote for

any number of candidates the person chooses, not exceeding the number of

members to be elected to the Board,

notwithstanding that the person may

(

c) manage or operate or own, lease or hold equity in one or more

operations that are registered separately with the Board, or

(

d) hold a proxy for another registered producer.

(3) Nothing in this Plan prohibits a voter who is resident in one district

or area from voting for a candidate who is resident in another district or

area and who is standing for election as a member of the Board representing

that other district or area.

(4) Subject to subsection (5), a registered producer shall not vote in any

election unless the registered producer's name appears on the voters list.

(5) Where the name of a registered producer who is eligible to vote does

not appear on the voters list, that registered producer, or the registered

producer's representative, shall be allowed to vote if the individual who

intends to vote signs a declaration, witnessed by the returning officer and

an individual entitled to vote, stating that the individual

(

a) is a registered producer or is appointed under

section 31 as a

representative of a registered producer, and

(

b) has not previously voted in that election.

Election for member of the Board

33 Where the term of office of a member of the Board expires at the

conclusion of an annual general meeting, an election shall be held to fill

that office at the annual general meeting at which the term of office is to

expire.

Eligibility re Board member

34(1) A person is not eligible to be a member of the Board unless the

person

(

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

producer, and

(

b) resides in

(

i) the district, or

(ii) the area within the district, if the district is

divided into areas under this Plan,

that the member is to represent.

(2) Where, during the term of office of a member of the Board,

(

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

individual ceases to be a registered producer, or

(

b) in the case of a registered producer who is not an individual,

(

i) the registered producer ceases to be a registered

producer, or

(ii) the registered producer terminates an individual's

appointment as its representative,

that person ceases to be a member of the Board effective on the day the

individual ceases to be a registered producer, the registered producer who

is not an individual ceases to be a registered producer or the registered

producer who is not an individual terminates the individual's appointment

as the representative of the registered producer, as the case may be.

Returning officer

35(1) The Secretary-Manager of the Board or another person designated by

the Board shall be the returning officer for elections carried out under

this Plan and is responsible for the elections of members of the Board and

for the administrative procedures relating to the conduct of an election.

(2) The returning officer shall

(

a) prepare the voters list,

(

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

voters list or has signed a declaration pursuant to

section 32(5), and

(

c) permit scrutiny of the returning officer's actions by a

scrutineer in respect of the conduct of an election.

Election records

36 Unless otherwise directed by Council, the Board shall not destroy any

records relating to an election until at least 90 days have expired after

the day of the election.

Result of invalid election

37(1) If an election is held under this Plan and there is in attendance at

the meeting at which the election is held an insufficient number of persons

who are eligible to vote at the election,

(

a) the election is void, and

(

b) the position for which the election was held is vacant.

(2) Notwithstanding that a position is vacant under subsection (1), the

term of office of the position is deemed to have commenced as if a person

had been elected to the position.

(3) Notwithstanding

section 24, if a position is vacant under subsection

(1), the Council shall fill the position by appointing, from persons

eligible to be elected to that position, a person to fill that position.

(4) A person appointed under subsection (3) shall serve that portion of

the term that runs to the next annual general meeting following the

person's appointment, at which time

(

a) the person ceases to hold office, and

(

b) an election shall be held

(

i) to fill the office for the unexpired portion, if

any, of the term of the vacant position, or

(ii) in accordance with

section 22, in any other case.

Controverted election

38(1) If a registered 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 irregularity with respect to the conduct of an

election,

and

(

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

declared vacant,

the registered producer shall, not later than 30 days after the day of the

election, apply in writing to the Council to have the election declared

invalid and the position declared vacant.

(2) On receipt of an application under subsection (1), the Council shall

consider the matter and may

(

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

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

(

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

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

opinion of 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 Regulation and the Act,

(

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

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

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

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

declared vacant under subsection (2)(c), the term of office of the position

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

which was declared void was held.

(4) Notwithstanding

section 24, if the Council declares an election to be

void and the position vacant, the Council may

(

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

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

vacant position, or

(

b) appoint, from among the persons who are eligible to be elected

to the position, a person to fill the vacant position.

(5) A person elected under subsection (4)(

a) shall hold office for the

unexpired portion of the term.

(6) A person appointed under subsection (4)(

b) shall serve that portion of

the term that runs to the next annual general meeting following that

person's appointment, at which time

(

a) that person ceases to hold office, and

(

b) an election shall be held

(

i) to fill the unexpired portion, if any, of the term,

(ii) in accordance with

section 33, in any other case.

PART 3 TRANSITIONAL, REVIEW AND REPEAL

Transitional

39(1) In this section,

(a) "new Plan" means this Plan as continued by this Regulation;

(b) "previous Plan" means the Alberta Fresh Vegetable Marketing

Plan Regulation (Alta. Reg. 331/90) 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 members of the Board under the previous Plan shall, on the

coming into force of the new Plan, continue as

members of the Board under the new Plan until members of the Board are

elected under the new Plan.

Review

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

Regulation must be reviewed on or before December 31, 1997.

Repeal

41 Alberta Regulation 331/90 is repealed.

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

Alberta Regulation 281/96

Marketing of Agricultural Products Act

ALBERTA PORK PRODUCERS' AUTHORIZATION REGULATION

Filed: November 25, 1996

Made by the Alberta Agricultural Products Marketing Council pursuant to

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

Definitions 1

Regulations made under

section 26 of the Act 2

Regulations made under

section 27(1) of the Act 3

Repeal 4

Expiry 5

Definitions

1 In this Regulation,

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

(b) "Corporation" means the Alberta Pork Producers' Development

Corporation;

(d) "Plan" means the Alberta Pork Producers' Plan Regulation (Alta.

Reg. 141/96);

(e) "producer" means a producer as defined in the Plan.

Regulations made under

section 26 of the Act

2 For the purposes of enabling the Corporation to operate the Plan, the

Corporation is hereby authorized under

section 26 of the Act to make

regulations

(

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 the hogs that the Corporation

considers necessary;

(

c) requiring persons to be licenced under the 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 hogs except under the authority of a

licence issued by the Corporation;

(

e) governing the issuance, suspension or cancellation of a licence

issued under the Plan;

(

f) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the purposes of the Plan, and

(ii) the taking of legal action to enforce payment of

the service charges 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, levies or other money payable to or received by the Corporation for

the purpose of paying its expenses and administering the Plan and the

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.

Regulations made under

section 27(1) of the Act

3 For the purposes of enabling the Corporation to operate the Plan, the

Corporation is hereby authorized under

section 27(1) of the Act to make

regulations

(

a) requiring a producer who produces hogs to market the hogs

through the Corporation or through a designated agency;

(

b) directing, controlling or prohibiting, as the case may be,

marketing of the hogs in such manner as the Corporation considers

appropriate;

(

c) providing for the purchase or acquisition of any hogs that the

Corporation considers advisable and the sale or disposition of those hogs;

(

d) regulating and controlling the marketing of hogs, including the

times and places at which the hogs may be marketed;

(

e) requiring that the money payable or owing to a producer for

hogs be paid to or through the Corporation;

(

f) providing for the payment to a producer of the money payable or

owing for hogs, less any service charges owing to the Corporation by the

producer, and fixing the time or times at which or within which the

payments shall be made;

(

g) providing

(

i) for the operation of one or more pools for the

distribution of all money payable to the producers from the sale of hogs,

and

(ii) for the deduction of reasonable and proper

disbursements and expenses with respect to the operation of the pool;

(

h) providing for the collection from any person by legal action of

money owing to a producer for the sale of hogs;

(

i) governing

(

i) the furnishing of security or proof of financial

responsibility by any person engaged in the marketing or processing of

hogs, and

(ii) the administration and disposition of any money or

securities so furnished;

(

j) prohibiting any person from marketing or processing any hogs

that have not been sold by or through the Corporation or a designated

agency.

Repeal

4 Regulations Relating to the Implementation of the Alberta Pork

Producers' Marketing Plan 1968 (Alta. Reg. 28/72) are repealed.

Expiry

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

ongoing relevancy and necessity, with the option that it may be re-passed

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

expires on December 31, 2001.

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

Alberta Regulation 282/96

Public Highways Development Act

SECONDARY HIGHWAYS DESIGNATION

AMENDMENT ORDER

Filed: November 27, 1996

Made by the Minister of Transportation and Utilities (M.O. 96-4) pursuant

section 7 of the Public Highways Development Act.

1 The Secondary Highways Designation Order (Alta. Reg. 210/89) is amended

by this Order.

Schedule 1 is amended

(

a) by repealing

section 5 and substituting the following:

5 Secondary Highway No. 504 (Junction Highway 4 (Warner) to

Junction Secondary Highway 877 East of Warner)

Book 1 Page 1 Date: August 1, 1989

Page 2 Date: October 31, 1996

Pages 3-4 Date: August 1, 1989

(

b) by repealing

section 6 and substituting the following:

6 Secondary Highway No. 505 (Junction Highway 6 North of Twin

Butte to Junction Highway 5 (Spring Coulee))

Book 1 Pages 1-6 Date: August 1, 1989

Pages 7-8 Date: October 31, 1996

(

c) by repealing

section 18 and substituting the following:

18 Secondary Highway No. 517 No Secondary Highway Designated.

(

d) by repealing

section 21 and substituting the following:

21 Secondary Highway No. 520 (Junction Highway 22 West of

Claresholm to Junction Secondary Highway 843 North of Picture Butte)

Book 1 Pages 1-2 Date: August 1, 1989

Page 3 Date: October 31, 1996

Pages 4-11 Date: August 1, 1989

(

e) by repealing

section 24 and substituting the following:

24 Secondary Highway No. 523 (North of Whitla to Medicine Hat

West Corporate Limits)

Book 2 Page 1 Date: October 31, 1996

Pages 2-3 Date: August 1, 1989

(

f) by repealing

section 35 and substituting the following:

35 Secondary Highway No. 534 (Junction Secondary Highway 804

West of Vulcan to Junction Secondary Highway 842 East of Vulcan)

Book 2 Pages 1-4 Date: August 1, 1989

Page 5 Date: October 31, 1996

(

g) by repealing

section 43 and substituting the following:

43 Secondary Highway No. 542 (Junction Highway 23 North of

Vulcan to Junction Secondary Highway 842 East of Milo)

Book 3 Pages 1-2 Date: October 31, 1996

Pages 3-8 Date: August 1, 1989

Secondary Highway No. 542 (Junction Highway 36 West of

Brooks to Junction Highway 1 (Brooks))

Book 3 Pages 1-2 Date: August 1, 1989

Pages 3-4 Date: October 31, 1996

(

h) by repealing

section 45 and substituting the following:

45 Secondary Highway No. 544 (Junction Highway 36 South of

Duchess to Junction Secondary Highway 884 South of Jenner)

Book 3 Page 1 Date: August 1, 1989

Pages 2-3 Date: October 31, 1996

Pages 4-8 Date: August 1, 1989

(

i) by repealing

section 48 and substituting the following:

48 Secondary Highway No. 547 (Junction Highway 2 North of

Aldersyde to Junction Highway 1 North of Gleichen)

Book 3 Pages 1-4 Date: August 1, 1989

Page 5 Date: October 31, 1996

Page 6 Date: October 1, 1992

Page 7 Date: September 30, 1994

Page 8 Date: October 31, 1996

(

j) by repealing

section 63 and substituting the following:

63 Secondary Highway No. 562 (Junction Highway 41 North of Red

Deer River to Saskatchewan Border)

Book 4 Page 1 Date: August 1, 1989

Page 2 Date: October 31, 1996

(

k) by repealing

section 64 and substituting the following:

64 Secondary Highway No. 563 (Junction Highway 1 West of

Calgary to Calgary West Corporate Limits)

Book 4 Page 1 Date: August 1, 1989

Page 2 Date: October 31, 1996

(

l) by repealing

section 66 and substituting the following:

66 Secondary Highway No. 565 No Secondary Highway Designated.

(

m) by repealing

section 71 and substituting the following:

71 Secondary Highway No. 570 (Junction Secondary Highway 848

West of Dorothy to Saskatchewan Border)

Book 4 Pages 1-2 Date: August 1, 1989

Page 3 Date: May 14, 1993

Pages 4-15 Date: August 1, 1989

Page 16 Date: October 31, 1996

Pages 17-18 Date: August 1, 1989

Page 19 Date: October 31, 1996

(

n) by repealing

section 80 and substituting the following:

80 Secondary Highway No. 579 (Junction Highway 40 to Junction

Highway 22 South of Cremona)

Book 4 Page 1 Date: October 31, 1996

Pages 2-5 Date: August 1, 1989

(

o) by repealing

section 85 and substituting the following:

85 Secondary Highway No. 584 (Junction Secondary Highway 734

West of James River to Junction Highway 27 (Sundre))

Book 5 Page 1 Date: October 31, 1996

Pages 2-5 Date: August 1, 1989

(

p) by repealing

section 92 and substituting the following:

92 Secondary Highway No. 591 (Junction Secondary Highway 734

to Junction Highway 22 West of Caroline)

Book 5 Page 1 Date: October 31, 1996

Pages 2-4 Date: August 1, 1989

(

q) by repealing

section 102 and substituting the following:

102 Secondary Highway No. 601 (Junction Highway 11 South of

Alix to Junction Secondary Highway 855 North of Halkirk)

Book 6 Page 1 Date: April 15, 1994

Pages 2-7 Date: August 1, 1989

Page 8 Date: October 31, 1996

(

r) by repealing

section 110 and substituting the following:

110 Secondary Highway No. 609 (Junction Highway 21 North of

Ferintosh to Junction Secondary Highway 854 (Rosalind))

Book 6 Pages 1-2 Date: August 1, 1989

Page 3 Date: October 1, 1992

Pages 4-5 Date: October 31, 1996

(

s) by repealing

section 112 and substituting the following:

112 Secondary Highway No. 611 (Junction Highway 20 East of

Hoadley to Junction Highway 21 North of Ferintosh)

Book 6 Pages 1-2 Date: August 1, 1989

Page 3 Date: October 31, 1996

Pages 4-12 Date: August 1, 1989

(

t) by repealing

section 131 and substituting the following:

131 Secondary Highway No. 630 (Junction Highway 14 Interchange

West of Sherwood Park to Junction Highway 14 South of Lindbrook)

Book 7 Pages 1-2 Date: August 1, 1989

Page 3 Date: May 31, 1990

Page 4 Date: August 1, 1989

Page 5 Date: October 31, 1996

(

u) by repealing

section 148 and substituting the following:

148 Secondary Highway No. 647 (Junction Secondary Highway 751

North of MacKay to Junction Highway 22 South of Mayerthorpe)

Book 8 Page 1 Date: October 31, 1996

Pages 2-4 Date: August 1, 1989

(

v) by repealing

section 158 and substituting the following:

158 Secondary Highway No. 657 (Junction Highway 41 South of

Hoselaw to Junction Secondary Highway 659 East of Bonnyville)

Book 8 Page 1 Date: August 1, 1989

Page 2 Date: October 31, 1996

Pages 3-4 Date: August 1, 1989

(

w) by repealing

section 166 and substituting the following:

166 Secondary Highway No. 665 (Junction Highway 43 South of

Valleyview to Junction Secondary Highway 747 South of Sunset House)

Book 9 Page 1 Date: August 1, 1989

Pages 2-3 Date: October 31, 1996

Page 4 Date: August 1, 1989

(

x) by repealing

section 177 and substituting the following:

177 Secondary Highway No. 676 (Junction Secondary Highway 736

North of Debolt to Junction Highway 43 North of New Fish Creek)

Book 9 Page 1 Date: October 1, 1992

Pages 2-3 Date: August 1, 1989

Pages 4-5 Date: October 1, 1992

Pages 6-11 Date: August 1, 1989

Page 12 Date: October 31, 1996

(

y) by repealing

section 180 and substituting the following:

180 Secondary Highway No. 679 (Junction Highway 43 North of Guy

to Junction Secondary Highway 750 North of Grouard)

Book 9 Pages 1-3 Date: October 31, 1996

Page 4 Date: August 1, 1989

Pages 5-6 Date: October 31, 1996

Pages 7-8 Date: September 30, 1994

(

z) by repealing

section 235 and substituting the following:

235 Secondary Highway No. 734 (Junction Highway 40 (Muskeg

Corner) to Junction Highway 34 West of Goodwin)

Book 11 Pages 1-19 Date: August 1, 1989

Secondary Highway No. 734 (South of the Red Deer River to

Junction Highway 40 South of Foothills)

Book 11 Pages 23-54 Date: October 31, 1996

(aa) by repealing

section 247 and substituting the following:

247 Secondary Highway No. 746 No Secondary Highway Designated.

(bb) by repealing

section 250 and substituting the following:

250 Secondary Highway No. 749 (West Prairie River to Junction

Secondary Highway 679 East of Winagami Lake)

Book 12 Pages 1-5 Date: August 1, 1989

Page 6 Date: October 31, 1996

(cc) by repealing

section 252 and substituting the following:

252 Secondary Highway No. 751 (Junction Highway 16 South of

MacKay to Junction Highway 43 South of Blue Ridge)

Book 12 Pages 1-3 Date: October 1, 1992

Page 4 Date: October 31, 1996

Pages 5-7 Date: August 1, 1989

(dd) by repealing

section 253 and substituting the following:

253 Secondary Highway No. 752 (Junction Secondary Highway 734

to Junction Highway 11A (Rocky Mountain House))

Book 12 Page 1 Date: October 31, 1996

Pages 2-8 Date: August 1, 1989

(ee) by repealing

section 254 and substituting the following:

254 Secondary Highway No. 753 (Junction Secondary Highway 620

(Lodgepole) to Junction Highway 16 West of Wildwood)

Book 12 Page 1 Date: August 1, 1989

Pages 2-4 Date: October 31, 1996

Pages 5-6 Date: August 1, 1989

(ff) by repealing

section 260 and substituting the following:

260 Secondary Highway No. 759 (Junction Highway 39 West of

Carnwood to Junction Highway 16 North of Seba Beach)

Book 12 Pages 1-4 Date: August 1, 1989

Page 5 Date: October 31, 1996

(gg) by repealing

section 272 and substituting the following:

272 Secondary Highway No. 771 (Junction Highway 20 North of

Bentley to Junction Secondary Highway 616 East of Breton)

Book 13 Pages 1-3 Date: May 31, 1990

Pages 4-5 Date: October 31, 1996

Pages 6-8 Date: May 31, 1990

(hh) by repealing

section 281 and substituting the following:

281 Secondary Highway No. 780 (Junction Highway 13 East of

Ma-Me-O Beach to Junction Secondary Highway 616 East of Mulhurst)

Book 13 Page 1 Date: August 1, 1989

Page 2 Date: October 31, 1996

(ii) by repealing

section 295 and substituting the following:

295 Secondary Highway No. 794 (Junction Highway 16X South of

Villeneuve to Junction Highway 18 (Westlock))

Book 14 Page 1 Date: October 31, 1996

Page 2 Date: October 1, 1992

Pages 3-7 Date: August 1, 1989

(jj) by repealing

section 311 and substituting the following:

311 Secondary Highway No. 810 (Junction Secondary Highway 505

South of Glenwood to Junction Highway 3 West of Fort Macleod)

Book 14 Pages 1-4 Date: August 1, 1989

Page 5 Date: October 31, 1996

(kk) by repealing

section 321 and substituting the following:

321 Secondary Highway No. 820 (Junction Secondary Highway 501

West of Whiskey Gap to Junction Highway 5 West of Spring Coulee)

Book 15 Pages 1-2 Date: August 1, 1989

Pages 3-4 Date: October 31, 1996

(ll) by repealing

section 343 and substituting the following:

343 Secondary Highway No. 842 (Junction Secondary Highway 529

East of Champion to Junction Secondary Highway 564 North of Chancellor)

Book 16 Page 1 Date: August 1, 1989

Pages 2-3 Date: October 31, 1996

Pages 4-11 Date: August 1, 1989

(mm) by repealing

section 351 and substituting the following:

351 Secondary Highway No. 850 (Junction Secondary Highway 593

West of Hackett to Junction Highway 53 (Donalda))

Book 16 Pages 1-4 Date: August 1, 1989

Page 5 Date: October 31, 1996

(nn) by repealing

section 355 and substituting the following:

355 Secondary Highway No. 854 (Junction Highway 53 East of

Donalda to Junction Secondary Highway 626 North of Ryley)

Book 16 Pages 1-9 Date: October 31, 1996

(oo) by repealing

section 363 and substituting the following:

363 Secondary Highway No. 862 (Junction Secondary Highway 550

East of Countess to Junction Highway 9 West of Hanna)

Book 17 Pages 1-6 Date: August 1, 1989

Page 7 Date: April 15, 1994

Pages 8-9 Date: May 14, 1993

Pages 10-11 Date: August 1, 1989

Pages 12-13 Date: October 31, 1996

(pp) by repealing

section 382 and substituting the following:

382 Secondary Highway No. 881 (Junction Highway 13 West of

Hardisty to Junction Highway 55 North of Therien)

Book 18 Pages 1-12 Date: August 1, 1989

Pages 13-14 Date: October 1, 1992

Pages 15-20 Date: August 1, 1989

Pages 21-24 Date: July 1, 1996

Secondary Highway No. 881 (Junction Highway 55 (Lac La

Biche) to Junction Highway 63 South of Fort McMurray)

Book 18 Pages 25-28 Date: August 1, 1989

Pages 29-30 Date: May 31, 1990

Pages 31-32 Date: October 1, 1992

Pages 33-38 Date: October 31, 1996

Pages 39-54 Date: August 1, 1989

Page 55 Date: October 1, 1992

Pages 56-57 Date: August 1, 1989

(qq) by repealing

section 386 and substituting the following:

386 Secondary Highway No. 885 (Junction Secondary Highway 501

West of Pakowki Lake to Junction Highway 3 West of Seven Persons)

Book 18 Pages 1-3 Date: August 1, 1989

Pages 4-6 Date: October 1, 1992

Pages 7-8 Date: August 1, 1989

(rr) by repealing

section 396 and substituting the following:

396 Secondary Highway No. 895 (Junction Secondary Highway 570

South of Oyen to Junction Highway 41 (Oyen))

Book 19 Page 2 Date: October 31, 1996

Page 3 Date: May 14, 1993

(ss) by repealing

section 400 and substituting the following:

400 Secondary Highway No. 899 (Junction A.R. 139 (Empress) to

Junction Secondary Highway 562 North of Empress)

Book 19 Page 1 Date: October 31, 1996

Secondary Highway No. 899 (Junction Secondary Highway 570

to Junction Secondary Highway 610 North of Ribstone)

Book 19 Pages 5-7 Date: August 1, 1989

Page 8 Date: May 31, 1990

Pages 9-11 Date: April 15, 1994

Pages 12-21 Date: August 1, 1989

Page 22 Date: May 31, 1990

Pages 23-24 Date: August 1, 1989

Schedule 2 is amended by repealing

section 1 and substituting the

following:

1 Secondary Highway No. 901 (Junction Highway 24 to Junction

Highway 1 East of Gleichen)

Book 900 Pages 1-5 Date: October 31, 1996

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

Alberta Regulation 283/96

Marketing of Agricultural Products Act

ALBERTA HATCHING EGG PLAN REGULATION

Filed: November 29, 1996

Made by the Lieutenant Governor in Council (O.C. 563/96) pursuant to

section 54.1 of the Marketing of Agricultural Products Act.

Definitions 1

Designation of agricultural products 2

Part 1

General Operation of Plan

Division 1

Plan

Plan continued 3

Application of Plan 4

Purposes of Plan 5

Division 2

Administration of Plan by the Board

Board continued 6

Functions of the Board 7

Regulations to operate Plan 8

Financing of the Plan 9

Remuneration 10

Appointment of an auditor 11

Authority from Governor in Council 12

Indemnification funds 13

Part 2

Governance of Plan

Division 1

Board

Members of the Board 14

Chair, etc. 15

Meetings of the Board 16

Term of office 17

Vacancy 18

Division 2

General Meetings of Producers

Annual producer meetings 19

Special producer meetings 20

Time and place of general meeting 21

Notification of general meeting 22

Quorum 23

Division 3

Eligibility, Voting and Elections

Producers who are individuals 24

Producers who are not individuals 25

Eligibility re Board member 26

Voting 27

Voting taking place at meetings 28

Mail-in-vote 29

Voters list 30

Nominations 31

Elections 32

Returning officer 33

Duties of returning officer 34

Licences required 35

Invalid election re attendance at meeting 36

Controverted election 37

Part 3

Transitional and Repeal

Transitional 38

Review 39

Repeal 40

Definitions

1(1) In this Regulation,

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

(b) "annual producer meeting" means an annual general meeting of

the members of the Board and the producers;

Producers referred to in

section 6;

(d) "breeder chicken" means a chicken, male or female of any age,

raised or maintained for the purpose of producing hatching eggs;

(e) "broiler chick" means a chick intended to be grown into a

chicken for the purpose of producing meat for consumption;

(f) "hatchery" means a person who operates a facility where

hatching eggs are incubated for the production of broiler chicks;

(g) "hatching egg" means an egg produced by a female breeder

chicken for the purpose of hatching into a broiler chick;

(h) "person" means a person as defined in the

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act;

(ii) any unincorporated organization that is not a

partnership referred to in subclause (i);

(iii) any group of individuals who are carrying on an

activity for a common purpose and are neither a partnership referred to in

subclause (

i) nor an unincorporated organization referred to in subclause

(ii);

(i) "Plan" means the Alberta Hatching Egg Plan referred to in

section 3;

(j) "processor" means a person engaged in the business of hatching

those eggs that are produced as hatching eggs;

(k) "producer" means a person engaged in the production of hatching

eggs in Alberta;

(l) "producer's representative" means an individual appointed to

represent a producer under

section 24 or 25;

(m) "quota" means the privilege granted by the Board to a producer

to engage in the production and marketing of hatching eggs and may be

expressed as the maximum number of female breeder hens that a producer may

have in the producer's possession from time to time;

(n) "regulated product" means hatching eggs produced or marketed in

Alberta;

(o) "special producer meeting" means a special general meeting of

the members of the Board and the producers.

(2) Except as defined in this Regulation, terms defined in the Act shall

have the same meaning as in the Act.

Designation of agricultural products

2 Hatching eggs and breeder chickens are designated as agricultural

products for the purposes of the Act.

PART 1 GENERAL OPERATION OF PLAN

Division 1

Plan

Plan continued

3(1) The Alberta Hatching Egg Marketing Plan established under the Alberta

Hatching Egg Marketing Plan Regulation (Alta. Reg. 251/81) is hereby

revised and continued under this Regulation with the name "Alberta Hatching

Egg Plan".

(2) This Plan does not terminate at the conclusion of a specific period of

time and shall remain in force unless otherwise terminated pursuant to the

Act.

Application of Plan

4 This Plan applies

(

a) to all of Alberta;

(

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

market, the regulated product;

(

c) to hatcheries for the purposes of

section 8(1)(b), (c), (d),

(e), (f), (g), (

h) and (2)(f), (h), (i), (j), (k), (l), (m), (

p) and (q).

Purposes of Plan

5 The purposes of this Plan are

(

a) to provide for the effective promotion, control and regulation

in all respects of the production or marketing, or both, of the regulated

product, including the prohibition of production and marketing in whole or

in part of the regulated product, and

(

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

the following:

(

i) to maintain a fair price for the regulated product;

(ii) to develop and maintain a system of orderly

marketing of the regulated product, including participation in and

compliance with any system established under a Canada Act;

(iii) to ensure the availability of an adequate supply of

the regulated product to meet market demand;

(iv) to ensure that a high quality regulated product is

available to the market;

(

v) to establish a system of quotas for the production

and marketing of the regulated product;

(vi) to establish a negotiation committee to adopt or

settle matters regarding minimum prices, the allocation of the regulated

product and other contractual terms;

(vii) to establish standards for the production and

marketing of the regulated product;

(viii) to work and co-operate with other marketing

boards and other organizations, whether in or outside Alberta, having

objectives similar to or compatible with the objectives of the Board,

including the joining of those organizations and the contribution of funds

to them;

(ix) to initiate or support projects or programs that

are intended to stimulate, increase or improve the production or marketing,

or both, of the regulated product;

(

x) to provide for the prohibition of production or

marketing of the regulated product where the regulated product is not

produced or marketed under a quota.

Division 2

Administration of Plan by the Board

Board continued

6 The Alberta Hatching Egg Marketing Board is hereby continued with the

name "Alberta Hatching Egg Producers".

Functions of the Board

7(1) The Board

(

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

regulation, supervision and enforcement of this Plan;

(

b) may appoint a Secretary-Manager and other officers and agents,

prescribe their duties and fix and provide for their remuneration;

(

c) shall open one or more bank accounts and designate any

officers, employees and other persons necessary to

(

i) sign cheques and other negotiable instruments;

(ii) transact the Board's business with its bank, trust

corporation, credit union, treasury branch or other depository;

(iii) generally do all things incidental to or in

connection with the transaction of the Board's business with its bank,

trust corporation, credit union, treasury branch or other depository;

(

d) shall

(

i) maintain or cause to be maintained accounting books

and records that from time to time may be required under the Act or that

may be required by the Board, and

(ii) subject to subsection (2), open the accounting

books and records for inspection by a producer or a member of the Council

at the office of the Board on 5 days' written notice to the Board by the

producer or member of the Council;

(

e) shall maintain an office and notify the Council and each

producer, hatchery and pullet grower who holds a licence under the

regulations of the location of the office;

(

f) subject to the Act, may issue directions governing the Board's

internal operations;

(

g) shall ensure compliance with all agreements into which the

Board enters or has entered under a Canada Act.

(2) Subject only to Council's authority under the Act to have access to

accounting books and records, the Board may refuse to allow access or limit

the extent of access to accounting books and records if the Board is of the

opinion that access will reveal confidential information about a producer

or other person, other than the producer requesting the information.

Regulations to operate Plan

8(1) For the purposes of enabling the Board to operate this Plan, the

Board may be empowered by the Council, pursuant to

section 26 of the Act,

to make regulations

(

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

both, of the regulated product to register their names and addresses with

the Board;

(

b) requiring any person who produces, markets or processes the

regulated product to furnish to the Board any information or record

relating to the production, marketing or processing of the regulated

product that the Board considers necessary;

(

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

become engaged in the production, marketing and processing, or any one or

more of those functions, of the regulated product;

(

d) prohibiting persons from engaging in the production, marketing

or processing, as the case may be, of the regulated product except under

the authority of a licence;

(

e) governing the issuance, suspension or cancellation of a

licence;

(

f) providing for

(

i) the assessment, charging and collection of service

charges and licence fees, as the case may be, from producers from time to

time for the purposes of the Plan, and

(ii) the taking of legal action to enforce payment of

the service charges and licence fees, as the case may be;

(

g) requiring any person who receives the regulated product from a

producer

(

i) to deduct from the money payable to the producer

any service charges, licence fees or levies, as the case may be, payable by

the producer to the Board, and

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

(

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

fees, levies or other money payable to or received by the Board for the

purpose of paying its expenses and administering the Plan and the

regulations made by the Board;

(

i) providing for the payment to a Canada Board of money that is

payable under a Canada Act.

(2) For the purposes of enabling the Board to operate this Plan, the Board

may be empowered by the Council, pursuant to

section 27(1) of the Act, to

make regulations

(

a) requiring that the production or marketing, or both, of the

regulated product be conducted pursuant to a quota;

(

b) governing

(

i) the fixing and allotting of quotas,

(ii) the increase or reduction of quotas,

(iii) the cancelling of quotas, and

(iv) the refusal to fix and allot quotas,

to producers for the production or marketing, or both, of the

regulated product on any basis the Board considers appropriate;

(

c) governing the transferability or non-transferability of quotas

and prescribing the conditions and procedures applicable to the transfer of

quotas, if any, that the Board considers appropriate;

(

d) establishing

(

i) a formula for determining the amount or number of

regulated product deemed to have been produced or marketed by a producer,

and

(ii) the period of time in respect of which the formula

is to be applied,

for the purpose of determining the amount of regulated product

produced or marketed by a producer during a period of time;

(

e) providing for

(

i) the assessment, charging and collection of a levy

from any producer whose production or marketing, or both, of the regulated

product is in excess of the quota that has been fixed and allotted to that

producer, and

(ii) the taking of legal action to enforce payment of

the levy;

(

f) requiring any person who provides any agricultural product to a

producer under the Plan to furnish to the Board any information requested

by the Board;

(

g) determining the quantity of each class, variety, size, grade

and kind of regulated product that shall be produced or marketed, or both,

by each producer;

(

h) directing, controlling or prohibiting, as the case may be, the

production or marketing, or both, of the regulated product or any class,

variety, size, grade or kind of regulated product in such a manner that the

Board considers appropriate;

(

i) regulating and controlling the production or marketing, or

both, of the regulated product, including the times and places at which the

regulated product may be produced or marketed;

(

j) providing for the purchase or acquisition of any of the

regulated product that the Board considers advisable and the sale or

disposition of it;

(

k) providing for the establishment and operation of one or more

programs for the disposition of any agricultural product considered to be

surplus to market requirements;

(

l) providing for the payment to a producer of the money payable or

owing for the regulated product, less any service charges and levies owing

to the Board by the producer, and fixing the time or times at which or

within which the payments shall be made;

(

m) governing

(

i) the furnishing of security or proof of financial

responsibility by any person engaged in the production, marketing or

processing of the regulated product, and

(ii) the administration and disposition of any money or

securities so furnished;

(

n) prohibiting a person to whom a quota has not been fixed and

allotted for the production or marketing, or both, of the regulated product

from producing or marketing, as the case may be, any regulated product;

(

o) prohibiting a producer to whom a quota has been fixed and

allotted for the production or marketing, or both, of the regulated product

from producing or marketing, as the case may be, any regulated product in

excess of that quota;

(

p) prohibiting any person from purchasing or otherwise acquiring

from a producer any regulated product that is in excess of the quota that

has been fixed and allotted to the producer for the production or

marketing, or both, of the regulated product;

(

q) prohibiting any person from purchasing or otherwise acquiring

any regulated product from a person to whom a quota has not been fixed and

allotted for the production or marketing, or both, of the regulated

product.

(3) For the purposes of enabling the Board to operate this Plan, the Board

may be empowered by the Council, pursuant to

section 27(2) of the Act, to

make regulations

(

a) governing breeder chickens in the same manner as if breeder

chickens were a regulated product under the Plan;

(

b) governing with respect to breeder chickens the producers of the

regulated product under the Plan in the same manner as if breeder chickens

were a regulated product under the Plan;

(

c) establishing and governing a formula for determining the amount

or number of the regulated product produced or deemed to have been produced

from breeder chickens.

(4) For the purposes of enabling the Board to operate this Plan, the Board

may be empowered by the Council, pursuant to

section 33(1)(

e) of the Act,

to make regulations regulating and controlling agreements entered into by

producers of the regulated product with persons engaged in marketing or

processing the regulated product.

(5) A regulation referred to in this

section that is made by the Board

shall not be filed in accordance with the Regulations Act unless the

regulation is first submitted to and approved by the Council.

Financing of the Plan

9 In accordance with the regulations, this Plan shall be financed by the

charging and collection of service charges, licence fees and levies.

Remuneration

10 The remuneration to be paid to the chair of the Board and to other

members of the Board shall be fixed by a vote of the producers at an annual

producer meeting or special producer meeting.

Appointment of an auditor

11(1) The producers shall from time to time appoint an auditor for the

Board.

(2) The appointment of an auditor shall be made at an annual producer

meeting or special producer meeting.

Authority from Governor in Council

12 In accordance with

section 50 of the Act, the Board 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 Board by or under the Agricultural Products Marketing

Act (Canada) or the Farm Products Agencies Act (Canada), or both of them.

Indemnifica-tion funds

13(1) The Board may establish one or more funds under

section 34 or 35 of

the Act.

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

accordance with sections 34 and 35 of the Act.

PART 2 GOVERNANCE OF PLAN

Division 1

Board

Members of the Board

14 The Board shall consist of 5 members.

Chair, etc.

15(1) At the first meeting of the Board after the annual producer meeting,

the members of the Board shall elect from among themselves

(

a) a chair of the Board, and

(

b) a vice-chair of the Board.

(2) The term of the chair and vice-chair commences at the conclusion of

the meeting at which they were elected under subsection (1) and concludes

at the conclusion of the first meeting of the Board held after the next

annual meeting.

(3) Notwithstanding subsection (2), if at any time during the term of

office of the chair or vice-chair a majority of the members of the Board

vote to remove from office the person holding that office, that office

becomes vacant at the conclusion of that vote.

Meetings of the Board

16(1) The Board shall meet at the call of the chair or 3 other members of

the Board.

(2) The quorum for a meeting of the Board is 3 members of the Board.

(3) Notice of a meeting of the Board shall be given in writing and may be

delivered personally, by ordinary mail or transmitted by facsimile or such

other means of electronic communication that the Board may approve of by

resolution.

Term of office

17(1) Each member of the Board shall be elected for a term of 3 years.

(2) Subject to subsection (3), an individual shall not serve as a member

of the Board for more than 6 consecutive years.

(3) If an individual serves for 6 consecutive years as a member of the

Board, that individual is not eligible to serve again as a member of the

Board until one year has expired following the expiry of that individual's

last term.

Vacancy

18(1) If a vacancy occurs on the Board, the Board may, with the approval

of the Council, appoint from among the individuals who are eligible to be

elected to the Board an individual to act as a member until the date of the

next annual producer meeting.

(2) At the next annual producer meeting following the appointment of an

individual under subsection (1), the position shall be filled by an

election held in accordance with this Plan for the unexpired portion of the

term.

Division 2

General Meetings of Producers

Annual producer meetings

19(1) The Board shall hold an annual producer meeting at least once in

each calendar year.

(2) Not more than 15 months may elapse between annual producer meetings.

Special producer meetings

20(1) A special producer meeting

(

a) may be called by the Board, and

(

b) shall be called by the Board on the written request of the

Council or not less than 20% of the producers.

(2) The Board shall hold a meeting under subsection (1)(

b) within 30 days

from the day that the Board received the request to hold a meeting.

Time and place of general meeting

21 Subject to sections 19 and 20, the time and place of an annual

producer meeting or a special producer meeting called by the Board shall be

fixed by the Board.

Notification of general meeting

22(1) Where an annual producer meeting or a special producer meeting is to

be held, the Board shall in writing notify each producer who is entitled to

vote under the Plan of the meeting by forwarding the notice by ordinary

mail to the producer at the latest address for the producer that is on the

records of the Board.

(2) A notice given under this

section

(

a) must be mailed to the producer at least 14 days before the day

on which the meeting is to take place, and

(

b) must set out

(

i) the time, place, date and purpose of the meeting,

and

(ii) any other information as determined by the Board.

Quorum

23 The quorum for an annual producer meeting or special producer meeting

is 15 producers.

Division 3

Eligibility, Voting and Elections

Producers who are individuals

24(1) Where a producer is an individual, that individual shall only vote

in an election or on any matter under this Plan if

(

a) the individual's name appears on the current voters list, or

(

b) the individual makes a statutory declaration stating that the

individual

(

i) is a producer, and

(ii) has not previously voted in the election or on the

matter in respect of which the individual wishes to cast a vote.

(2) An individual producer may appoint an individual who

(

a) is a member of the individual producer's family or a full time

employee of the individual, and

(

b) is not a producer himself or a representative of another

producer

as a representative to vote in an election or any other matter on which

that producer may vote under this Plan.

(3) The appointment of a producer's representative must be in writing, be

signed by the producer and witnessed and set out

(

a) the name of the producer;

(

b) the name of the individual appointed as the producer's

representative;

(

c) the election or other matter in respect of which the producer's

representative may vote;

(

d) the date on which the appointment terminates.

(4) The appointment of a producer's representative is not valid unless

(

a) the appointment complies with this section, and

(

b) the document setting out the appointment is provided to the

chief returning officer before an election is held, in the case of an

election, or to the chair of the Board, in the case of any other vote.

Producers who are not individuals

25(1) A producer that is not an individual must appoint an individual to

be the representative of the producer and the appointed individual may do

the following on behalf of that producer:

(

a) make representations on any matter pertaining to this Plan or

the operation of the Board;

(

b) attend meetings held under this Plan;

(

c) vote on any matter under this Plan;

(

d) vote at an election under this Plan;

(

e) hold office under this Plan.

(2) For the purpose of subsection (1), if a producer is

(

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

shareholder, member, officer or full time employee of the corporation as

its representative,

(

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

or full time employee of the partnership as its representative, or

(

c) an organization that is described in

section 1(1)(h)(ii) or

(iii), it must appoint a member as its representative.

(3) An appointment of a representative under this

section must

(

a) be in writing and set forth at least the name of the

representative of the producer, and

(

b) be filed with the Board.

(4) A representative of a producer shall not cast a vote under this Plan

unless

(

a) the producer's name appears on the current voters list, and

(

b) that representative, before the vote is cast, provides in

accordance with subsection (6) a copy of the document filed under

subsection (3).

(5) Notwithstanding subsection (3) or (4)(b), an individual who is the

representative of the producer may cast a vote under this Plan if the

individual, before the vote is cast, makes a statutory declaration in

writing stating that the individual

(

a) is the representative of the producer, and

(

b) has not previously voted in the election or on the matter in

respect of which the vote is to be taken.

(6) The statutory declaration referred to in subsection (5) must,

(

a) in the case of an election, be provided to or made before the

returning officer or deputy returning officer, or

(

b) in the case of a vote other than an election, be provided to or

made before a director or officer of the Board.

(7) An individual must not be a representative under this

section for more

than one producer at any one time.

(8) A representative is not eligible to hold office under this Plan on

behalf of the producer until the representative's appointment is filed in

accordance with subsection (3).

(9) A representative who as an individual is also a producer shall only

vote in his capacity as a representative and shall not vote in his capacity

as an individual.

Eligibility re Board member

26(1) An individual is not eligible to be elected to the Board unless the

individual

(

a) is ordinarily resident in Alberta,

(

b) is a producer or a representative of a producer under

section

25 that holds a valid licence under this Plan,

(

c) has been allocated a quota by the Board or is the

representative of a producer who has been allocated quota, and

(

d) has been nominated in accordance with this Plan.

(2) Notwithstanding subsection (1), an individual is not eligible to be

elected to the Board if that individual

(

a) is a processor, designated representative of a processor or a

member of its board of directors or is otherwise involved in the management

or direction of a processor, or

(

b) is a director of the Alberta Chicken Producers.

(3) When at any time a member of the Board ceases to be eligible for

election to the Board under subsection (1) or (2) that member, effective at

that time, ceases to be qualified to remain as a member of the Board and

that person's position on the Board is vacant.

Voting

27 A producer or producer's representative who is eligible to vote may

(

a) vote once on each matter, and

(

b) in the case of an election of a member of the Board, vote for

any number of candidates not exceeding the number of members to be elected

to the Board at that meeting,

notwithstanding that the producer may manage or operate or own, lease or

hold equity in 2 or more operations that are registered separately with the

Board.

Voting taking place at meetings

28 Subject to

section 29, a producer or a producer's representative is

entitled to vote

(

a) in an election of a person to be a member of the Board, or

(

b) on any question put to a vote,

if the producer or producer's representative is present at the meeting at

which the election or vote is being held.

Mail-in vote

29(1) The Board, or the majority of the producers present at an annual

producer meeting or special producer meeting, may direct that a mail-in

vote be held in respect of any matter except the election of a person to be

a member of the Board.

(2) Where a mail-in vote has been directed in respect of any matter, the

returning officer shall, not later than 30 days before the day on which the

vote is to take place, mail the following to each producer at the

producer's current address shown on the records of the Board:

(

a) a copy of the ballot setting out the question to be voted on;

(

b) an envelope marked "Ballot";

(

c) a return envelope addressed to the returning officer.

(3) Where, in respect of a mail-in vote, a producer or producer's

representative wishes to cast a vote, that person must

(

a) mark the ballot with an "X",

(

b) enclose the ballot in the envelope marked "Ballot",

(

c) enclose the "BALLOT" envelope in the return envelope, initial

the return envelope and endorse it with the producer's licence number, and

(

d) send it to the returning officer.

(4) In order to be counted, a ballot must be received in the Board's

office no later than 4:30 p.m. on the day specified by the Board.

(5) A ballot is spoiled if it has been

(

a) altered, added to, falsified or incorrectly filled in, or

(

b) filled in in any way by any person other than the producer to

whom it was sent or that producer's representative appointed under

section

(6) With respect to a mail-in vote, the returning officer shall

(

a) keep a record of all producers who have submitted a ballot,

(

b) open the ballots in the presence of at least 2 producers or

producer's representatives at noon on the first business day following the

final date for receiving completed ballots,

(

c) scrutinize and reject any ballot that the returning officer

determines to be spoiled, and

(

d) count the valid ballots in the presence of those producers or

producer's representatives and keep a record of the count.

(7) After the votes are counted, the returning officer shall

(

a) immediately notify the members of the Board of the results of

the vote, and

(

b) notify the producers of the results by publication in the

Board's regular circular.

Voters list

30(1) When an election to the Board is to be conducted, the returning

officer shall, not less than 30 days before the day on which the election

is to be conducted, prepare a list of the producers eligible to vote in the

election.

(2) The voters list shall be available to any producer or producer's

representative for inspection before, during and after an election.

Nominations

31(1) Nominations for candidates for election as members of the Board must

(

a) be signed by at least 2 producers or producer's representatives

and by the nominee, and

(

b) be delivered to the returning officer before the beginning of

the meeting at which the election is to be held.

(2) Notwithstanding subsection (1), nominations from the floor shall be

accepted if

(

a) made and seconded by producers or producer's representatives

attending the meeting at which the election is to be held, and

(

b) the nominee

(

i) is in attendance, and

(ii) consents to the nomination.

Elections

32 Except where otherwise provided for under this Plan, elections to the

Board shall be conducted at the annual producer meeting.

Returning officer

33(1) Subject to subsection (2), the Secretary-Manager of the Board shall

be the returning officer for the purposes of an election or vote taken

under this Plan.

(2) The Board may appoint a person other than the Secretary-Manager to act

as returning officer for the purposes of an election or vote taken under

this Plan.

(3) The returning officer may appoint persons as deputy returning officers

to assist in the conduct of elections and votes under this Plan.

Duties of returning officer

34(1) The returning officer must

(

a) ensure that a person does not cast a vote except in accordance

with this Plan, and

(

b) permit scrutiny of the actions of the returning officer and the

deputy returning officers by a scrutineer in respect of the conduct of a

vote taken under this Plan.

(2) Unless otherwise directed by Council, neither the returning officer

nor any other person shall destroy any records or ballots in respect of a

vote or election held under this Plan until 90 days have elapsed from the

day the vote was taken.

Licences required

35 Only a producer who holds a licence under this Plan

(

a) may vote in an election or on any other matter under this Plan,

and

(

b) is entitled to notice of an annual producer meeting or special

producer meeting.

Invalid election re attendance at meeting

36(1) If an election is held under this Plan and there is in attendance at

the meeting at which the election is held an insufficient number of persons

who are eligible to vote at the election,

(

a) the election is void, and

(

b) the position for which the election was held is vacant.

(2) Notwithstanding that a position is vacant pursuant to subsection (1),

the term of office of the position is deemed to have commenced as if a

person had been elected to the position.

(3) Where a position is vacant pursuant to this section, the Board may,

with the approval of the Council, appoint an individual who is eligible to

be elected to the Board as a member of the Board until the next annual

producer meeting, at which time an election shall be held for a member to

serve the balance of the term in accordance with this Plan.

Controverted election

37(1) If a 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,

the producer shall, not later than 30 days after the day of the election,

apply in writing to the Council to have the election declared invalid and

the position declared vacant.

(2) If, within 30 days after the day of an election, the Council has not

received an application under subsection (1), a person elected at that

election is deemed to be duly elected.

(3) The Council shall not consider an application under subsection

(1) that is not received by the Council within 30 days after the day of the

election.

(4) On receipt of an application under subsection (1), the Council shall

consider the matter and may

(

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

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

(

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

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

opinion of Council,

(

i) the basis for the application did not materially

affect the result of the election, and

(ii) the election was conducted substantially in

accordance with this Plan and the Act,

(

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

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

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

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

declared vacant under subsection (4)(c), the term of office of the position

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

that was declared void was held.

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

vacant, the Council may either

(

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

special producer meeting be held and an election conducted to fill the

vacant position, or

(

b) have the Board appoint, from among persons who are eligible to

be elected to the position, a person to fill the vacant position.

(7) A person elected under subsection (6)(

a) shall hold office for the

unexpired portion of the term.

(8) A person appointed under subsection (6)(

b) shall hold office until the

next annual producer meeting following the appointment, at which time the

person ceases to hold office and an election shall be held to fill the

office for the unexpired portion of the term.

PART 3 TRANSITIONAL AND REPEAL

Transitional

38(1) In this section,

(a) "new Plan" means the Plan as continued by this Regulation;

(b) "previous Plan" means the Alberta Hatching Egg Marketing Plan

Regulation (Alta. Reg. 251/81) as it read

Document details

Collection	Alberta — Gazette
Citation	1214 ii
Type	gazette
Volume / chapter	1214 ii
Language	en
Format	html
Source	PROVINCIAL
Identifier	3cc1ceca21ceb3082831fcbb11352f3ce9dabacd

Source file is stored in the law ingest library (html).

Alberta Gazette — 14 December (ii)

PRESCRIBED AMOUNTS (NATURAL GAS

ROYALTY) AMENDMENT REGULATION

section 6 of the Natural Gas Royalty Regulation, 1994.

Section 4 is amended by adding the following after subsection (21):

Section 5 is amended by adding the following after subsection (21):

NATURAL GAS MARKETING AMENDMENT REGULATION

section 11 of the Natural Gas Marketing Act.

Section 9 is amended

section 10(1)(c)(i);

section 10(1)(c)(ii);

Section 10 is amended

section 11(2)(f)(iii)."

Section 11(2) is amended

section 10(1)(c),

HERITAGE FUND FOREIGN INVESTMENT

LIMITATION REGULATION

section 17 of the Alberta Heritage Savings Trust Fund Act (SA 1996

Definitions

Part XI of

ALBERTA FOUNDATION FOR MEDICAL

RESEARCH EXEMPTION REGULATION

section 80.1(4) of the Financial Administration Act in

PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION

Schedule 2,

section 4 of the Public Sector Pension Plans Act.

Part 2 of

Schedule 2 is amended by repealing item 1.

JUSTICE OF THE PEACE AMENDMENT REGULATION

section 7 of the Justice of the Peace Act.

Section 3 is amended

JUDGMENT INTEREST AMENDMENT REGULATION

section 4 of the Judgment Interest Act.

section 13:

MISCELLANEOUS REPEAL REGULATION (NO. 5)

section 10 of the Regulations Act.

NATURAL GAS REBATES AMENDMENT REGULATION

section 4 of the Natural Gas Rebates Act.

Section 14 is amended by striking out "December 31, 1996" and

ABC BENEFITS CORPORATION REGULATION

section 13 of the ABC Benefits Corporation Act.

Table of Contents

Definitions 1

Coming into force 7

Definitions

section 4.

section 2(7).

section 2(2), if the nominating committee fails to provide

Coming into force

HEALTH FOUNDATIONS REGULATION

section 15 of the Health Foundations Act.

Table of Contents

CCITF 7

Coming into force 10

section 3, a foundation must not distribute any of its

Schedule 2, Part A of the Committee

section 8 of the

CCITF

Coming into force

PROVINCIAL MENTAL HEALTH ADVISORY

BOARD AMENDMENT REGULATION (NO. 1)

section 17 of the Regional Health Authorities Act.

Section 4(1) is amended by striking out "12" and substituting "12(4)".

section 4:

Interpretation

section 6,

section 2 of that Regulation shall be interpreted as if it

section 2(2) of that Regulation shall be

section 2(4) of that Regulation shall be

section 2.1(1) or establishes or amends a line of credit, it shall

section 2(2) and (3) of that Regulation shall be

section 3 to the Minister not

REGIONAL HEALTH AUTHORITIES AMENDMENT REGULATION

section 21 of the

Section 1 is amended by adding the following after clause (a):

section 77 of the Hospitals Act;

Section 2.5(6) is repealed.

Section 2.71(2) to (5) are repealed and the following is substituted:

REGIONAL HEALTH AUTHORITIES

FOUNDATIONS AMENDMENT REGULATION