Alberta Gazette — 31 January (ii)
0131 ii
Alberta — Gazette
Alberta Regulation 1/2000
Cancer Programs Act
CANCER PROGRAMS AMENDMENT REGULATION
Filed: January 4, 2000
Made by the Minister of Health (M.O. 93/99) pursuant to sections 17 and
20.9 of the Cancer Programs Act.
1 The Cancer Programs Regulation (AR 242/98) is amended by this
Regulation.
2 The
Schedule is repealed and the following is substituted:
SCHEDULE
Drug
Group
Dosage Form
Criteria
13 Cis-RETINOIC ACID
capsules
Pediatrics
restricted to the treatment of advanced stage neuroblastoma following
POG/CCG Protocols
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program
ALL-TRANS RETINOIC ACID
capsules
restricted to treatment of acute promyelocytic leukemia
prescribing limited to written authorization by physicians recommended by
the hematology/lymphoma tumor program or the pediatric tumor program
ALTRETAMINE
capsules
restricted to treatment of 2nd line ovarian cancer
prescribing limited to written authorization by physicians recommended by
the gynecology tumor program
AMSACRINE
injectable
ANASTROZOLE
tablets
2nd line hormonal therapy for postmenopausal metastatic breast cancer
may be given first line in those patients who are at risk of a
thromboembolic event
ANAGRELIDE
capsules
for thrombocytosis due to myeloproliferative disorder
prescribing limited to written authorization by physicians recommended by
the hematology/lymphoma tumor program
ASPARAGINASE
injectable
BCG
injectable
bladder carcinoma
BICALUTAMIDE
tablets
restricted to patients who are intolerant to Nilutamide and Flutamide
BLEOMYCIN
injectable
pump
BUSERELIN
injectable
prostate cancer
Restricted to:
Stage II (T2a-T2c): Neoadjuvant use pre RT (2 months pre and during RT).
Neoadjuvant use pre radical prostatectomy (4 months pre).
Stage III (T3a-T4b): Neoadjuvant use pre RT (2 months pre and during RT).
Adjuvant use (3 years post RT).
Stage IV (N1-N3) (M1-M1c): As monotherpy in medical castration.
In total androgen blockade (medical castration and nonsteriodal
antiandrogen).
Guidelines for LHRH use in the above stated stages include: LHRH agonists
are indicated for use in patients at risk of thromboembolic disease,
strokes (CVA), myocardial infarction and also for consideration in patients
with dyslipidemia, hypertension, diabetes mellitus or where a patient is
considered intolerant to cyproterone acetate or megestrol acetate.
BUSULFAN
tablets
CAPECITABINE
oral
advanced or metastatic breast cancer after failure of standard therapy
including an anthracycline and taxane
prescribing limited to written authorization by physicians recommended by
the breast tumor program
CARBOPLATIN
injectable
CARMUSTINE
injectable
CHLORAMBUCIL
tablets
CISPLATIN
injectable
CLADRIBINE
injectable
restricted to treatment of hairy cell leukemia
Waldenstrom's macroglobulinemia
prescribing limited to written authorization by physicians recommended by
the hematology/lymphoma tumor program
injectable
POG Protocol 9720
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program
CLODRONATE
oral
treatment of osteolytic bone lesions in metastatic breast cancer
CORTISONE ACETATE
tablets
use with Mitotane only
CYCLOPHOSPHAMIDE
injectable, tablets
CYPROTERONE
tablets
CYTARABINE
injectable
DACARBAZINE
injectable
DACTINOMYCIN
injectable
DAUNORUBICIN
injectable
DEXAMETHASONE
injectable, tablets
antiemetic use NOT covered
DIETHYLSTILBESTROL
tablets
DIETHYLSTILBESTROL DIPHOSPHATE
injectable, tablets
DOCETAXEL
injectable
restricted to the treatment of metastatic breast cancer after failure of
any previous chemotherapy regimen.
only one taxane is to be administered to any one patient
prescribing limited to written authorization by physicians recommended by
the breast tumor program
DOXORUBICIN
injectable
DOXORUBICIN LIPOSOMAL
injectable
Kaposi's sarcoma
EPIRUBICIN
injectable
Premenopausal node positive breast cancer patients who either:
a) are not eligible for a study and want high intensity treatment (FEC),
b) have mild underlying heart disease but would benefit from an
anthracycline and who do not want high intensity treatment (EC)
ERWINIA ASPARAGINASE
injectable
restricted to use in patients hypersensitive to E. Coli asparaginase for
remission induction in acute lymphoblastic leukemia
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program
or the hematology/ lymphoma program
ESTRAMUSTINE
capsules
ETOPOSIDE
injectable, capsules
FLUDARABINE
injectable
previously treated chronic lymphocytic leukemia
low grade lymphoma
Waldenstrom's macroglobulinemia
prescribing limited to written authorization by physicians recommended by
the hematology/lymphoma tumor program
FLUOROURACIL
injectable, cream
pump
FLUOXYMESTERONE
tablets
FLUTAMIDE
tablets
prostate cancer
GEMCITABINE
injectable
Lung Cancer
patients who have failed treatment with Vinorelbine or Paclitaxel
containing regimens or who are unable to tolerate treatment with these
agents.
prescribing limited to written authorization by physicians recommended by
the lung tumor program
injectable
Bladder Cancer
progressive local or metastatic transitional cell carcinoma of the
urothelium who have failed on cisplatin or are intolerant to cisplatin
based chemotherapy due to age, performance status, renal function in
concomitant medical illness.
prescribing limited to written authorization by physicians recommended by
the GU tumor program
injectable
Pancreas
locally advanced or metastatic adenocarcinoma of the pancreas.
prescribing limited to written authorization by physicians recommended by
the GI tumor program
GOSERELIN
injectable
prostate cancer
Restricted to:
Stage II (T2a-T2c): Neoadjuvant use pre RT (2 months pre and during RT).
Neoadjuvant use pre radical prostatectomy (4 months pre).
Stage III (T3a-T4b): Neoadjuvant use pre RT (2 months pre and during RT).
Adjuvant use (3 years post RT).
Stage IV (N1-N3) (M1-M1c): As monotherpy in medical castration.
In total androgen blockade (medical castration and nonsteriodal
antiandrogen).
Guidelines for LHRH use in the above stated stages include: LHRH agonists
are indicated for use in patients at risk of thromboembolic disease,
strokes (CVA), myocardial infarction and also for consideration in patients
with dyslipidemia, hypertension, diabetes mellitus or where a patient is
considered intolerant to cyproterone acetate or megestrol acetate.
injectable
breast cancer. 2nd line hormonal therapy for recurrent or metastatic
disease in ER positive pre-perimenopausal patients after tamoxifen failure.
prescribing limited to written authorization by physicians recommended by
the breast tumor program
HYDROCORTISONE SODIUM SUCCINATE
injectable
intrathecal use only
HYDROXYUREA
capsules
IDARUBICIN
injectable
POG Protocol 9720
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program
IFOSFAMIDE
injectable
pump
INTERFERON
- alpha 2a or 2b
- alpha 2b in new patients "98-99"
injectable
cladribine-resistant hairy cell leukemia
Kaposi's sarcoma
chronic myelogenous leukemia
INTERFERON
alpha 2a ONLY
injectable
mycosis fungoides and sezary syndrome (cutaneous T-cell lymphomas)
prescribing limited to written authorization by physicians recommended by
the hematology/lymphoma tumor program
metastatic renal cell carcinoma
INTERFERON
alpha 2b ONLY
injectable
basal cell carcinoma
adjuvant treatment of high risk melanoma
2nd line therapy of superficial bladder cancer
maintenance therapy in multiple myeloma patients who have achieved
complete remission after high dose chemotherapy and autologous stem cell
transplant, with prescribing limited to written authorization by physicians
recommended by the hematology/lymphoma tumor program.
IRINOTECAN
* NOTE:
Loperamide supplied by industry with this agent's use
injectable
Metastatic Colorectal Cancer
2nd line after 5Fu based chemo, with prescribing limited to written
authorization by physicians recommended by the GI tumor program.
LETROZOLE
tablets
2nd line hormonal therapy for postmenopausal metastatic breast cancer
may be given first line in those patients who are at risk of a
thromboembolic event
LEUCOVORIN CALCIUM
injectable, tablets
rescue therapy for methotrexate only
in combination with 5FU
LEUPROLIDE
injectable
prostate cancer
Restricted to:
Stage II (T2a-T2c): Neoadjuvant use pre RT (2 months pre and during RT).
Neoadjuvant use pre radical prostatectomy (4 months pre).
Stage III (T3a-T4b): Neoadjuvant use pre RT (2 months pre and during RT).
Adjuvant use (3 years post RT).
Stage IV (N1-N3) (M1-M1c): As monotherpy in medical castration.
In total androgen blockade (medical castration and nonsteriodal
antiandrogen).
Guidelines for LHRH use in the above stated stages include: LHRH agonists
are indicated for use in patients at risk of thromboembolic disease,
strokes (CVA), myocardial infarction and also for consideration in patients
with dyslipidemia, hypertension, diabetes mellitus or where a patient is
considered intolerant to cyproterone acetate or megestrol acetate.
LOMUSTINE
capsules
MECHLORETHAMINE
injectable, topical
MEDROXYPROGESTERONE ACETATE
tablets, injectable
MEGESTROL ACETATE
tablets
MELPHALAN
tablets
MERCAPTOPURINE
tablets
MESNA
injectable
METHOTREXATE
injectable, tablets
MITOMYCIN
injectable
NOTE: 3rd line for bladder cancer indication
MITOTANE
tablets
steroid replacement if required
MITOXANTRONE
injectable
NANDROLONE DECANOATE
injectable
NILUTAMIDE
tablets
prostate cancer
PACLITAXEL
injectable
Ovarian Cancer
first line treatment of ovarian cancer (irrespective of the stage of
disease or amount of residual disease), fallopian tube carcinoma, primary
peritoneal neoplasms
prescribing limited to written authorization by physicians recommended by
the gynecology tumor program
injectable
Lung Cancer
prescribing limited to written authorization by physicians recommended by
the lung tumor program
injectable
Breast Cancer
restricted to the treatment of metastatic breast cancer when no response
to anthracycline (doxorubicin, epirubicin, or mitoxantrone) containing
regimen. Relapse within 1 year after completion of adjuvant chemotherapy
including an anthracycline. First assessment of efficacy after 2 courses
only one taxane is to be administered to any one patient
prescribing limited to written authorization by physicians recommended by
the breast tumor program
PAMIDRONATE
injectable
treatment of multiple myeloma
PEG ASPARAGINASE
injectable
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program as per POG protocols
PREDNISOLONE SODIUM PHOSPHATE
liquid
first line agent for pediatric patients under 7 years of age
2nd-line agent for pediatric patients 7 years and older unable to tolerate
prednisone tablets
PREDNISONE
tablets
PROCARBAZINE
capsules
RALTITREXED
injectable
treatment of metastatic colorectal cancer
NOTE: Because there is a possibility that FUFA may provide slightly
superior survival, FUFA should remain the first choice for younger, fitter
patients. Raltitrexed may be considered the treatment of choice in elderly
patients (over age 70), patients who have experienced severe mucositis with
FUFA despite one stage of dose reduction, or in patients with late relapse
after adjuvant treatment where the adjuvant 5FU based treatment was poorly
tolerated with documented reason for intolerance.
prescribing limited to written authorization by physicians recommended by
the GI tumor program
STREPTOZOCIN
injectable
TAMOXIFEN
tablets
TENIPOSIDE
injectable
THIOGUANINE
tablets
THIOTEPA
injectable
TOPOTECAN
injectable
Ovarian
advanced epithelial ovarian cancer as 2nd line therapy
prescribing limited to written authorization by physicians recommended by
the gynecology tumor program
Pediatrics
restricted to the treatment of advanced stage neuroblastoma following
POG/CCG Protocols
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program
VINBLASTINE
injectable
VINCRISTINE
injectable
VINDESINE
injectable
VINORELBINE
injectable
Lung Cancer
restricted to the treatment of metastatic non-small cell lung cancer with
an ECOG score of 2 or better.
prescribing limited to written authorization by physicians recommended by
the lung tumor program
injectable
Metastatic Breast
first line therapy for elderly patients (over 65 years of age) and 2nd or
3rd line therapy for metastatic breast cancer. Assess response after 2
cycles.
prescribing limited to written authorization by physicians recommended by
the breast tumor program
Alberta Regulation 2/2000
Labour Relations Code
CONSTRUCTION INDUSTRY JURISDICTIONAL
ASSIGNMENT PLAN REGULATION
Filed: January 4, 2000
Made by the Minister of Labour (M.O. 35/95) pursuant to
section 200(1) of
the Labour Relations Code.
Definitions
1 In this Regulation,
(a) "general construction" means construction within the meaning of
the Labour Relations Code, other than pipeline construction, road building,
heavy construction and specialty construction;
(b) "memorandum of understanding" means the memorandum of
understanding dated August 15, 1995 between the Coordinating Committee of
Registered Employers' Organizations and the Alberta and N.W.T. (District of
MacKenzie) Building and Construction Trades Council, as amended or replaced
from time to time;
(c) "participating union" means a building trades' union that is a
party to or bound by a collective agreement with
(
i) a registered employers' organization,
(ii) an employers' organization represented by the
Coordinating Committee of Registered Employers' Organizations, or
(iii) a participating contractor as defined in the
procedural rules;
(d) "Plan" means the Jurisdictional Assignment Plan of the Alberta
Construction Industry that was established by the memorandum of
understanding, and that consists of
(
i) the memorandum of understanding,
(ii) the procedural rules, and
(iii) the letters of understanding to the procedural
rules,
all as are amended or replaced from time to time;
(e) "procedural rules" means the procedural rules of the Plan as
agreed to between the Coordinating Committee of Registered Employers'
Organizations and Alberta and N.W.T. (District of MacKenzie) Building and
Construction Trades Council as amended or replaced from time to time;
(f) "umpire" means a person appointed as an umpire or alternate
umpire pursuant to the Plan.
Settlement of differences
2(1) Every collective agreement in the general construction sector of the
construction industry entered into by a participating union shall contain
provisions requiring differences arising in the general construction sector
with respect to the assignment of work to members of a trade union or to
workers of a particular trade, craft or class to be settled in accordance
with the Plan.
(2) If a collective agreement referred to in subsection (1) does not
contain the provisions required under subsection (1), the collective
agreement shall be deemed to contain them.
(3) Where a collective agreement referred to in subsection (1) contains
provisions that conflict or are inconsistent with the Plan, those
provisions are inoperative to the extent of the conflict or inconsistency.
No judicial review
3 No order shall be taken or process entered in any court, whether by way
of injunction, declaration, prohibition, quo warranto or otherwise, except
as may be provided for in the procedural rules.
Enforcement of decision
4 A decision under the Plan may be enforced by a trade union, employer,
employers' organization or other affected party in accordance with the
procedural rules.
------------------------------
Alberta Regulation 3/2000
Marketing of Agricultural Products Act
ALBERTA CHICKEN PRODUCERS MARKETING REGULATION
Filed: January 12, 2000
Made by the Alberta Chicken Producers on December 10, 1999 pursuant to
sections 26 and 27 of the Marketing of Agricultural Products Act and
approved by the Alberta Agricultural Products Marketing Council.
Table of Contents
Part 1
General
Definitions 1
Ownership interests 2
Prohibition 3
Application for licence 4
Issue, renewal or refusal of licence 5
Licence to operate as lessee 6
Suspension or cancellation of licence 7
Duty to keep records 8
Duty to provide information to the Board 9
Service charge 10
Part 2
Marketing
Division 1
Quota
Authorized quota, etc. or permit required 11
Minimum price 12
Base quota increases 13
Rock cornish marketings 14
Marketing quota calculation 15
Marketing quota change 16
Production cycle 17
Authorized quota reallocation 18
Communal group production quota 19
Financial interest in premises 20
Authority of Board 21
Appointment of attorney 22
Division 2
Variation from Authorized Marketing
Marketing in excess of marketing quota 23
Marketing less than marketing quota 24
Establishment of period for marketing correction 25
Late or early marketings 26
Reduced marketing due to misfortune 27
New market development quota 28
Division 3
Premises
Approved premises 29
Premises requirements 30
Division 4
Quota Limits and Dealing
with Quota
Quota limit 31
Authorized quota reduction 32
Lease of quota 33
Permit 34
Records not available 35
Division 5
Prohibitions
Processor 36
Producer 37
Selling below minimum price 38
Purchasing below minimum price 39
Custom killing 40
Marketing re reduced weight 41
Part 3
Transitional Provisions, Repeals and Expiry
Quota continued 42
Licence continued 43
Repeal 44
Expiry 45
Schedule
PART 1
GENERAL
Definitions
1 In this Regulation,
(a) "authorized producer" means a person who
(
i) holds a licence authorizing the person to market
chicken, and
(ii) has been allocated authorized quota;
(b) "authorized quota" means the number of quota units that have
been allocated by the Board to an authorized producer;
(c) "Board" means the board known as the Alberta Chicken Producers;
(d) "broiler" means a chicken that is marketed at a live weight
that is greater than one kilogram and less than 2.5 kilograms;
(e) "chick" means a chicken that is less than 2 weeks old;
(f) "chicken" means any category of chicken that is under 6 months
of age and that is not raised for egg production and includes any one or
more of broilers, roasters, rock cornish chicken or chicks;
(g) "communal group" means a community of not fewer than 50
individuals in which
(
i) the members live and work together in an
agricultural enterprise,
(ii) a member is not permitted to own property in the
member's own right, and
(iii) the members devote their working lives to the
activities of the communal group;
(h) "communal group production quota" means a quota that may be
granted to a communal group permitting the communal group to produce,
market and consume in accordance with
section 19 up to 6000 chickens in
each calendar year;
(i) "consumer" means a person who purchases any form of chicken for
the person's own consumption or for consumption in the person's household;
(j) "Council" means the Alberta Agricultural Products Marketing
Council;
(k) "custom kill" means processing by a processor of chicken owned
by a person, other than the processor, on a fee for services basis;
(l) "family" means, in respect of an individual, the individual's
husband, wife, common-law husband, common-law wife, son, daughter,
son-in-law, daughter-in-law, brother or sister;
(m) "hatchery" means a person who is engaged in the business of
marketing chicks;
(n) "marketing quota" means the maximum live weight in kilograms of
chicken that an authorized producer is authorized to market in a production
cycle;
(o) "misfortune" means the loss of chickens, production facilities
or chicken production due to one or more of the following:
(
i) fire;
(ii) wind, hail, flood or other natural phenomena;
(iii) electrical or mechanical failure or a combination
of them;
(iv) collapse of production facilities;
(
v) suffocation or heat prostration of chickens;
(vi) any circumstances not referred to in subclauses (
i) to (
v) that in the opinion of the Board are beyond the control of the
authorized producer;
(p) "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), or
(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);
(q) "Plan" means the Alberta Chicken Producers' Marketing Plan;
(r) "processing" means changing the nature of chicken by mechanical
means or otherwise and includes killing;
(s) "processor" means any person who is engaged in the business of
processing chicken;
(t) "production cycle" means the period of time to which authorized
quota is applied, as established by resolution of the Board;
(u) "production facilities and premises" means the buildings and
improvements in which chicken is produced together with the land on which
those buildings and improvements are situated;
(v) "quota unit" means the unit of measurement of quota that may be
allocated or reallocated by the Board;
(w) "research permit" means the permission granted in writing to a
researcher by the Board to market chicken within a given period;
(x) "researcher" means a person involved in bona fide scientific
research in respect of chicken;
(y) "roaster" means a chicken that is marketed at a live weight of
not less than 2.5 kilograms;
(z) "rock cornish chicken" means a chicken that is marketed at a
live weight of not more than one kilogram;
(aa) "site plan" means a drawing of the outline of buildings used to
produce chicken, including outside dimensions of the buildings and the
legal description of the land on which the buildings are located.
Ownership interests
2(1) For the purpose of this Regulation, a person has an ownership
interest in authorized quota if that person
(
a) has any legal or equitable interest in authorized quota;
(
b) owns shares in a corporation that has a legal or equitable
interest in authorized quota;
(
c) owns any shares in a corporation that is affiliated with
another corporation that has a legal or equitable interest in authorized
quota;
(
d) is owned by a person that has a legal or equitable interest in
authorized quota;
(
e) is owned by a corporation that is affiliated with a corporation
that has a legal or equitable interest in authorized quota;
(
f) is affiliated with a corporation that has a legal or equitable
interest in authorized quota.
(2) For the purposes of this Regulation, a corporation is affiliated with
another corporation
(
a) if that corporation owns any shares, legally or equitably, in
that other corporation,
(
b) if the shares of that corporation are owned, legally or
equitably, by that other corporation, or
(
c) if a person legally or equitably owns shares in both
corporations.
(3) If 2 or more corporations are all affiliated with another corporation
at the same time, those corporations are deemed to be affiliated with each
other.
Prohibition
3(1) No person shall
(
a) operate a hatchery,
(
b) produce chicken,
(
c) market chicken, or
(
d) process chicken,
unless the person is the holder of an appropriate licence issued by the
Board that is not suspended, has not been cancelled and has not expired
pursuant to
section 4(4).
(2) Despite subsection (1), the holder of a communal group production
quota may market chicken in accordance with
section 19.
Application for licence
4(1) A person may apply to the Board for one or more of the following
licences:
(
a) a licence to operate as a hatchery;
(
b) a licence to market chicken as an authorized producer;
(
c) a licence to process chicken;
(
d) a licence to lease quota.
(2) A licence only authorizes the licensee to engage in the activity
specified on the licence.
(3) If a person engages in more than one activity listed in subsection
(1), that person must hold a separate licence for each activity.
(4) A licence expires on December 31 of the year for which it is issued.
(5) A licence is not transferable.
(6) A licence is subject to any conditions imposed by the Board on the
licence and the licensee must comply with any directions issued by the
Board relating to the activity authorized by the licence.
Issue, renewal or refusal of licence
5(1) If a person applies for a licence, the Board must, subject to
subsection (3) and
section 6, issue a licence to the applicant.
(2) Subject to subsection (3) and
section 6(2), the Board must annually
before January 1 renew a licence that is issued under subsection (1).
(3) The Board may refuse to issue or renew a licence if the applicant
(
a) lacks, in the Board's opinion, the experience, equipment or
financial responsibility to properly engage in or continue to engage in the
activity to which the application relates, or
(
b) contravenes or has contravened the Act, the Plan, this
Regulation or an order or direction of the Council or the Board or a
condition imposed on the licence.
(4) If the Board refuses to issue or renew a licence, the Board must
serve on the applicant a copy of its decision to refuse to issue or renew
the licence.
(5) A licence issued by the Board
(
a) is a licence to be engaged in the activity stated in the
licence, and
(
b) is not an approval or endorsement by the Board of the licence
holder.
(6) No person, including a licensee, shall represent that a licence is an
approval or an endorsement by the Board.
(7) The Board may impose conditions on a licence and issue directions
relating to the activity authorized by the licence.
Licence to operate as lessee
6(1) A licence to lease quota does not give the lessee authority to
produce and market chicken, but authority only to operate leased quota in
accordance with
(
a) the lease,
(
b) any conditions imposed on the licence by and any directions
issued by the Board, and
(
c) this Regulation.
(2) A licence to lease quota expires automatically on the expiration or
termination of the lease under which the quota was leased to the lessee.
Suspension or cancellation of licence
7(1) The Board may suspend, for any period it considers appropriate or
cancel a licence
(
a) if the licensee
(
i) lacks, in the Board's opinion, the experience,
equipment or financial responsibility to properly engage in or continue to
engage in the activity authorized by the licence, or
(ii) contravenes the Act, the Plan, this Regulation or
an order or direction of the Council or the Board or a condition of the
licence,
(
b) for any other reason not referred to in clause (
a) that the
Board considers appropriate.
(2) If a licence is suspended or cancelled under subsection (1), the Board
must notify the person to whom the licence was issued of that suspension or
cancellation.
(3) If a licence is suspended or cancelled, the person to whom the licence
was issued
(
a) must, on receiving a notice of the suspension or cancellation,
immediately cease engaging in the activity authorized by the licence, and
(
b) may apply to the Board for an order staying the suspension or
cancellation pending the determination of an appeal under
Part 5 of the
Act.
Duty to keep records
8(1) A licensee must maintain a complete and accurate record of all
matters relating to the activity authorized by the licence, including any
of the following records and documents that are pertinent to the activity
authorized by the licence:
(
a) records of the placement of chicks;
(
b) invoices showing the number of chicks purchased;
(
c) records showing the number of chicks marketed to any person;
(
d) the name of the person to whom the chicks were marketed;
(
e) transportation records;
(
f) processor receiving records;
(
g) producer payment records;
(
h) grading, trimming or other processing records;
(
i) records showing the amount of chicken marketed by a licensee.
(2) A licensee must
(
a) retain the records and documents required to be kept under
subsection (1) for not less than 6 years, and
(
b) on the request of the Board, make the records and documents
available for inspection.
Duty to provide information to the Board
9(1) A hatchery must
(
a) provide at the end of each week in which chicks are placed the
information required by Form 1 of the Schedule, and
(
b) forward the information to the Board in time to reach the Board
office not later than Wednesday of the week following the week in which
chicks are placed.
(2) An authorized producer who receives chicks other than from a hatchery
licensed by the Board must
(
a) provide the information required by Form 1 of the Schedule, and
(
b) forward the information to the Board in time to reach the Board
office not later than the week following the receipt of the chicks.
(3) A processor must
(
a) provide at the end of each week in which chicken is processed
the information required by Form 2 of the Schedule, and
(
b) forward the information to the Board in time to reach the Board
office not later than Wednesday of the week following the week in which the
processing of chicken occurred.
(4) A processor must ensure that Form 3 of the
Schedule is completed at
the time chickens are custom killed and is forwarded to the Board in time
to reach the Board office within 15 days following the date of the custom
kill.
(5) An authorized producer must
(
a) at the end of each week in which chicken is marketed by the
producer to a person other than a processor provide the information
required by Form 4 of the Schedule, and
(
b) forward the information to the Board in time to reach the Board
office not later than the following Wednesday.
(6) On receiving a request by the Board to do so, a processor must file a
statement with the Board, for any period specified by the Board, setting
out the following:
(
a) the dates on which the processor intends to process chicken;
(
b) an estimate of the weight of chicken that the processor intends
to process;
(
c) the type of chicken that the processor intends to process.
(7) On receiving a request by the Board to do so, an authorized producer
must file with the Board a statement, for any period specified by the
Board, setting forth the following:
(
a) the dates on which the producer intends to market chicken;
(
b) an estimate of the weight of the chicken that the producer
intends to market;
(
c) the type of chicken that the producer intends to market.
Service charge
10(1) A service charge of $0.0075 per kilogram of live weight of chicken
must be paid by an authorized producer to the Board in respect of all live
chickens marketed by the authorized producer.
(2) A processor who receives chicken from an authorized producer must
(
a) deduct the service charge referred to in subsection (1) from
the amount payable to that producer, and
(
b) forward the service charge to the Board, with an accounting for
the service charge and accompanied with the information required in Form 2
of the Schedule, in time to reach the Board office not later than Wednesday
of the week following the week in which the service charge was deducted.
(3) An authorized producer who markets chicken to a person other than a
processor must
(
a) pay the service charge referred to in subsection (1) to the
Board, and
(
b) forward the service charge to the Board, accompanied with the
information required in Form 4 of the Schedule, in time to reach the Board
office not later than Wednesday of the week following the week in which the
chicken was marketed.
(4) A service charge is a debt due to the Board and may be recovered by
the Board by civil action for debt.
(5) The Board may use service charges, licence fees, levies and other
money paid to it for the purpose of paying its expenses and administering
the Plan and the regulations made by the Board.
PART 2
MARKETING
Division 1
Quota
Authorized quota, etc. or permit required
11 No person shall market chicken except pursuant to the following:
(
a) an authorized quota;
(
b) a lease of authorized quota approved by the Board under
section
33;
(
c) a communal group production quota;
(
d) a research permit;
(
e) an exemption provided for under the Plan.
Minimum price
12 The Board may by resolution
(
a) determine the minimum price to be paid per kilogram to a
producer for chicken marketed, and
(
b) determine different prices for different classes, varieties,
grades, sizes or kinds of chicken.
Base quota increases
13(1) When the Board considers that general marketing conditions warrant a
permanent increase in base quota, that increase must be allocated by the
Board by auction in accordance with this section.
(2) The Board must ensure that quota is allocated by auction to authorized
producers and to persons eligible to receive licences as authorized
producers based on the amount of quota allocation fee the authorized
producer or person offers and pays to the Board.
(3) An authorized producer and any person who is eligible to receive a
licence as an authorized producer may participate in the auction.
(4) Any person wishing to participate in the auction must provide evidence
to the Board, in the form specified by the Board, that satisfies the Board
as to the person's financial capability to pay the quota allocation fee.
(5) The amount of the allocation fee paid by a person acquiring quota
units by auction pursuant to this
section must be determined by the amount
of the successful bid made by that person for the block of quota units
being offered.
(6) The Board may allocate quota to the successful bidders in accordance
with their bids if the Board is satisfied that the bidders have complied
with this Regulation.
(7) The Board may establish procedures for the conduct of an auction.
Rock cornish marketings
14 Rock cornish chicken marketings must be charged, on a percentage basis
determined by the Board, against the authorized producer's marketing quota
for the production cycle during which the marketings occur.
Marketing quota calculation
15(1) Subject to any adjustments made pursuant to this Regulation, an
authorized producer's marketing quota expressed in kilograms is the number
determined by
(
a) multiplying the quota units that are allocated to an authorized
producer by the density factor established by the Board by resolution,
(
b) then multiplying the product determined under clause (
a) by the
number of weeks in that producer's production cycle, and
(
c) then multiplying the product determined under clause (
b) by the
percentage of utilization established by the Board for that production
cycle.
(2) For the purposes of subsection (1), a density factor may not be
established for each individual producer but a density factor must be
established that is generally applicable to all producers.
Marketing quota change
16 When the Board considers it appropriate to vary the production of
chicken to accommodate an anticipated change in the demand for chicken for
the next 12 months or less, the Board may by resolution change the
marketing quota by changing the allowed percentage of utilization for the
quota units.
Production cycle
17(1) The Board must by resolution establish a production cycle
(
a) for broilers, and
(
b) for roasters.
(2) An authorized producer may change that producer's production cycle
(
a) from a roaster cycle to a broiler cycle established under
subsection (1), or
(
b) from a broiler cycle to a roaster cycle established under
subsection (1),
by filing a statement of intent to change the production cycle with the
Board.
(3) An authorized producer may make application to the Board to produce on
a production cycle that does not conform with either the roaster cycle or
the broiler cycle established by the Board under subsection (1).
(4) If the Board approves an application made under subsection (3), the
Board may impose time limits or other conditions in respect of the matter
being approved.
(5) A statement of intent to change a production cycle under subsection
(2) or an application under subsection (3) must be in writing, signed by
the authorized producer and endorsed by the authorized producer's hatchery
and processor.
Authorized quota reallocation
18(1) An authorized producer shall not transfer all or any part of
authorized quota.
(2) Despite subsection (1), an authorized producer may apply to the Board
to have that producer's authorized quota cancelled and reallocated, in
whole or in part, to another person who is eligible to become an authorized
producer.
(3) An application for cancellation and reallocation under this
section
must be made prior to the completion of the sale of any authorized quota
with or without the production facilities and premises.
(4) The approval of the reallocation of authorized quota shall not take
effect, and the current authorized quota shall not be cancelled, until the
completion of the sale and the filing with the Board of any proof that the
Board may require.
(5) The effective date of the reallocation must be determined by the Board
so that the cancellation and reallocation correspond with the end of a
particular production cycle.
(6) Subject to subsection (7), if an application for cancellation and
reallocation is made under this section, a fee of $200 is payable to the
Board and that fee must accompany the application for the cancellation and
reallocation.
(7) A fee is not payable under subsection (6) if
(
a) there is no change in beneficial ownership of the production
facilities and premises for which there is a reallocation of authorized
quota, or
(
b) the application is for reallocation to a person within the
family.
(8) If an authorized producer has overmarketed and the authorized quota is
reallocated, the person to whom the authorized quota has been reallocated
must reduce future marketings in accordance with
section 23(2).
(9) If an authorized producer has overmarketed, the authorized quota may
not be reallocated until all outstanding levies and judgments in respect of
the overmarketing are paid to the Board.
(10) Application must be made to the Board for approval of any transfer
from one person to another of an ownership interest except for an ownership
interest in
(
a) a publicly traded company listed on a recognized stock
exchange, or
(
b) a co-operative that has more than 200 members.
Communal group production quota
19(1) A communal group may apply for an allocation of communal group
production quota by filing a completed application form provided by the
Board.
(2) The Board must grant communal group production quota to an applicant
(
a) the communal group does not hold any authorized quota, and
(
b) the communal group resides on the same parcel of land on which
the production facilities are located at which the chicken is produced.
(3) Chicken produced under a communal group production quota must only be
(
a) consumed by members of the communal group, or
(
b) marketed to consumers from
(
i) the land referred to in subsection (2)(b),
(ii) land that is adjacent to the land referred to in
subsection (2)(b), or
(iii) a stall at a farmers' market.
(4) An applicant for a communal group production quota must pay to the
Board a service charge of $250 at the time of making the application for
the quota, and thereafter the holder of the communal group production quota
must pay to the Board an annual service charge of $250 by January 31 of
each year.
(5) If the annual service charge is not paid by January 31 in the year it
is due, the Board may cancel the communal group production quota.
(6) A communal group production quota holder must, if the holder acquires
chicks from outside Alberta, report to the Board in writing the number of
chicks so acquired within 2 weeks after the chicks are delivered to the
holder.
(7) A communal group production quota may not be sold, transferred,
reallocated or divided.
(8) If the holder of a communal group production quota is granted an
allocation or reallocation of an authorized quota, the communal group
production quota is cancelled on that allocation or reallocation of the
authorized quota.
(9) A communal group production quota may be reduced or cancelled, either
permanently or for such period as the Board considers appropriate, if a
communal group quota holder
(
a) produces in excess of 6000 chickens in any calendar year,
(
b) fails to comply with subsection (3)(
b) when marketing any
chicken, or
(
c) fails to report the information required by subsection (6).
(10) Before the Board proceeds to amend this section, the Board must
(
a) give written notice by ordinary mail to the communal group
production quota holders of the proposed amendments,
(
b) hold a public meeting at which communal group production quota
holders may make representations to the Board about the proposed
amendments, and
(
c) prior to amending this section, consider the representations
made.
Financial interest in premises
20(1) Any person who holds a financial interest by means of a mortgage
registered under the Land Titles Act in respect of the production
facilities and premises to which an authorized quota has been allocated may
register that interest with the Board in a manner that is satisfactory to
the Board.
(2) If a mortgagee registers an interest with the Board under subsection
(1), that mortgagee must at the same time also register with the Board a
written acknowledgment by the authorized producer of the mortgagee's
financial interest in the production facilities and premises.
(3) If an interest is registered under subsection (1), the Board must
(
a) immediately notify the authorized producer who has been
allocated the authorized quota of the registration, and
(
b) notify the mortgagee of any application to reallocate or lease
all or any part of the authorized quota to which the registration applies.
(4) The Board shall not approve the reallocation or lease of any
authorized quota in respect of which an interest is registered under
subsection (1) unless the mortgagee has given written consent to the
reallocation or lease.
Authority of Board
21(1) If a mortgagee becomes the legal or equitable owner of production
facilities and premises due to a judicial or extra-judicial enforcement of
the mortgage, the Board may do one or more of the following:
(
a) allow the mortgagee to market chicken pursuant to the
authorized quota granted in respect of the production facilities and
premises for a period not exceeding 2 years, during which time the
mortgagee must endeavour to find an appropriate buyer;
(
b) set aside for a period not exceeding 2 years the authorized
quota allocated in respect of the production facilities and premises;
(
c) allocate part or all of the authorized quota to a person who
purchases the production facilities and premises from the mortgagee, if the
Board is satisfied that the purchaser is or intends to become an authorized
producer;
(
d) allocate part or all of the authorized quota to the mortgagee,
if the Board is satisfied that the mortgagee intends to become an
authorized producer.
(2) If an authorized quota has not been allocated within the time set out
in subsection (1)(
a) or (b), the Board may
(
a) cancel the authorized quota, or
(
b) on written application by the mortgagee, extend the time set
out in subsection (1)(
a) or (b).
Appointment of attorney
22(1) Subject to subsections (4) and (5), a person who has loaned money to
an authorized producer may apply to the Board to register an appointment of
attorney.
(2) An appointment of attorney must be in a form satisfactory to the
Board.
(3) Only one appointment of attorney may be registered in respect of an
authorized producer.
(4) The Board shall not register an appointment of attorney if there is a
financial interest under
section 20 registered in respect of the production
facilities and premises of that authorized producer.
(5) The Board shall not register an appointment of attorney unless it is
signed by the authorized producer that is affected by it.
(6) An appointment of attorney is only effective from the date the Board
acknowledges in writing that it is registered.
(7) If the Board has acknowledged registration of the appointment of
attorney, the Board shall not approve an application for
(
a) the cancellation and reallocation of the authorized quota
specified in the appointment of attorney,
(
b) the lease of the authorized quota specified in the appointment
of attorney, or
(
c) the transfer of an ownership interest in the authorized quota
specified in the appointment of attorney,
unless the person appointed as the attorney signs the application.
Division 2
Variation from Authorized Marketing
Marketing in excess of marketing quota
23(1) An authorized producer shall not market chicken in excess of the
marketing quota allocated to that producer.
(2) If an authorized producer markets chicken in contravention of
subsection (1), the Board must in a subsequent production cycle, without
permanently reducing the authorized quota allocated to that producer,
reduce the weight of chicken that the producer may market by an amount
equal to the weight of the chicken that was marketed in excess of that
producer's marketing quota.
(3) An authorized producer who has marketed chicken contrary to subsection
(1) must pay to the Board a levy of
(a) 44› a kilogram for each kilogram of chicken marketed in excess
of 105% but not more than 110%, and
(b) 88› a kilogram for each kilogram of chicken marketed in excess
of 110%
of the producer's marketing quota for the production cycle.
(4) The levy provided for under subsection (3) must be paid even though
the authorized producer reduces the excess marketings in accordance with
subsection (2).
(5) The levy provided for under subsection (3) must be paid within 30 days
from the date that the authorized producer was billed for the levy by the
Board.
(6) If the levy provided for under subsection (3) is not received by the
Board within 30 days from the date that the authorized producer is billed
for the levy by the Board, that producer must pay an additional levy of 4›
a kilogram.
(7) A levy provided for under this
section is a debt due to the Board and
may be recovered by the Board by civil action for debt.
Marketing less than marketing quota
24 If an authorized producer markets less chicken than that producer is
permitted to market pursuant to the marketing quota allocated to that
producer, that producer's allowed marketing of chicken must be increased in
a subsequent production cycle by the lesser of
(
a) the marketing deficit, or
(b) 5% of the producer's marketing quota in effect at the time of
the marketing deficit.
Establishment of period for marketing correction
25 The Board must establish by resolution when
(
a) reductions in marketings are to occur for the purpose of
section 23(2), and
(
b) increases in marketings are to occur for the purpose of
section
Late or early marketings
26 If a processor changes the date on which an authorized producer
markets chicken from that set out in the information provided to the Board
under
section 9(6) and (7) in order to meet a market demand, and as a
result of the change in the date the producer markets more or less chicken
than allowed under that producer's marketing quota, the Board may
(
a) waive any levies that resulted from the delay in marketings, or
(
b) allow increased marketings in subsequent production cycles to
compensate for undermarketings that result from the advance in marketings.
Reduced marketing due to misfortune
27(1) Despite
section 24, if an authorized producer due to misfortune
markets less chicken in a production cycle than that producer is permitted
to market pursuant to the marketing quota allocated to that producer, that
producer may in writing apply to the Board for marketing quota
compensation.
(2) An authorized producer is not eligible for compensation under
subsection (1) unless the misfortune causes the producer to market less
than 90% of the producer's marketing quota that was in effect at the time
of the occurrence of the misfortune.
(3) In making an application under subsection (1), the authorized producer
must provide to the Board all the information regarding the number of
chicks placed and the kilograms of chicken that were marketed and any other
documentation and information that the Board requires.
(4) If the Board grants marketing quota compensation to an applicant, the
amount of the compensation must be determined by subtracting from the total
amount of the producer's marketing quota that was in effect during the
production cycle during which the reduced marketings took place the amount
that is determined by adding together
(
a) the actual marketings from all of that producer's production
facilities and premises that were made during the cycle during which the
reduced marketings took place, and
(b) 10% of that producer's marketing quota that was in effect at
the time of occurrence of the misfortune.
(5) An authorized producer shall not utilize any of the marketing quota
compensation granted to that producer until that producer and the Board
agree to the production cycle or cycles in respect of which the
compensation is to be granted.
(6) The maximum amount of marketing quota compensation that may be granted
to an authorized producer under this
section is the total of
(
a) the marketing quota that the producer would have been entitled
to for the 12 weeks following the occurrence of the misfortune, and
(
b) the amount of marketing quota compensation, if any, granted
under subsection (4).
New market development quota
28(1) For the purposes of this section,
(a) "new market development quota" means marketing quota leased by
the Board to authorized producers solely for the purpose of developing new
markets;
(b) "period" means a period as determined under a Canada Act by the
Canadian Chicken Marketing Agency.
(2) A processor may apply to the Board to request that the Board make an
offer of new market development quota to authorized producers.
(3) An application under subsection (2) must be in the form and provide
the information prescribed by the Board.
(4) The Board may by resolution establish a deadline for applications to
be made under subsection (2).
(5) If the Board determines that the application is acceptable, the Board
may determine
(
a) the period for which the offer of new market development quota
will be made, and
(
b) the amount per kilogram that a producer must pay to a
designated processor in order to be entitled to lease new market
development quota.
(6) The Board must advise the applicant of its determination under
subsection (5).
(7) Within the time specified by a resolution of the Board, authorized
producers may file with the Board a bid to lease new market development
quota.
(8) A bid must
(
a) be in the form satisfactory to the Board, and
(
b) set out the maximum number of kilograms of new market
development quota the authorized producer is prepared to commit to lease.
(9) The maximum bid that an authorized producer may make is equal to the
marketing quota that would be available to that producer if the utilization
factor in effect in the period were 100%.
(10) If the total kilograms of bids filed by authorized producers is less
than the amount of chicken required by the applicant, the offer is void
unless the applicant agrees to reduce the applicant's requirement so that
it equals the amount of the bids.
(11) If an offer is void under subsection (10), the Board and applicant
may agree that a new offer be made to authorized producers at a reduced
lease rate.
(12) The Board must distribute the total amount of leased quota available
in rounds of one quota unit to each bidder until all available leased quota
is distributed.
(13) The Board must advise each authorized producer who bid of
(
a) the amount of quota that the producer is eligible to lease as
determined in accordance with subsection (12), and
(
b) the amount payable to the designated processor for the
opportunity to lease new market development quota.
(14) On receipt of confirmation from the designated processor that the
authorized producer has paid the amount payable under subsection (13), the
Board must
(
a) lease to that producer new market development quota, and
(
b) specify the number of kilograms of new market development quota
and the production cycle to which that lease applies.
Division 3
Premises
Approved premises
29 Unless otherwise authorized in writing by the Board, no authorized
producer shall market chicken other than that produced in the approved
registered production facilities and premises for which the authorized
quota was allocated.
Premises requirements
30(1) Prior to the commencement of production, the authorized producer
must register with the Board the production facilities and premises in
which the production is to take place.
(2) If a person applies to register production facilities and premises
with the Board, that person must provide to the Board
(
a) a copy of the current certificate of title for the land on
which the production facilities and premises are located,
(
b) a site plan, and
(
c) any other information that the Board requires.
Division 4
Quota Limits and Dealing with Quota
Quota limit
31(1) An individual, whether alone or through an interest in a
corporation, partnership, unincorporated organization or group of
individuals, shall not hold more than 1.25% of the total of all authorized
quota allocated by the Board.
(2) Subject to subsection (3), a corporation, partnership, unincorporated
organization or group of individuals shall not hold more than 2.5% of all
authorized quota allocated by the Board.
(3) An individual shall not exceed directly or indirectly the limit
established under subsection (1) through holdings in a corporation,
partnership, unincorporated organization or group of individuals.
(4) No more than 2.5% of all authorized quota allocated by the Board may
be produced at one production facility and premises.
(5) For the purpose of subsections (1) and (2), the amount of authorized
quota must be determined as follows:
(
a) the holding of authorized quota for an individual is the sum of
(
i) the authorized quota held by that individual, and
(ii) the proportionate share of any authorized quota in
which that individual has an ownership interest through a corporation or
partnership or an unincorporated organization referred to in
section
1(p)(ii) or group of individuals referred to in
section 1(p)(iii),
and
(iii) any authorized quota in which the individual has an
ownership interest as a lessee of quota;
(
b) the holdings of a corporation or partnership or an
unincorporated organization referred to in
section 1(p)(ii) or group of
individuals referred to in
section 1(p)(iii) is the sum of
(
i) the authorized quota held by that corporation,
partnership, unincorporated organization or group of individuals,
(ii) the proportionate share of any authorized quota
that the corporation, partnership, unincorporated organization or group of
individuals holds through an ownership interest in another corporation,
partnership, unincorporated organization or group of individuals, and
(iii) any authorized quota in which the corporation,
partnership, unincorporated organization or group of individuals has an
ownership interest as a lessee of quota.
(6) The Board shall not allocate, reallocate or approve the lease of any
authorized quota if as a result of that allocation, reallocation or lease
any person would hold quota in excess of that allowed under subsection (1)
or (2).
(7) The restriction set forth in subsection (3) does not apply to
(
a) the ownership interest of a producer in
(
i) a publicly traded company listed on a recognized
stock exchange, or
(ii) a co-operative that has more than 200 members;
(
b) the reallocation of quota to a person under a will or under the
Intestate Succession Act.
(8) If authorized quota is reallocated under subsection (7)(b), any
subsequent allocation or reallocation, except a further reallocation under
subsection (7)(b), is subject to subsections (1) to (4).
Authorized quota reduction
32 The Board may reduce or cancel an authorized quota if the authorized
producer to whom it is allocated or the person to whom it has been leased
pursuant to
section 33
(
a) has failed to observe, perform or carry out the provisions of
the Act, this Regulation or any order of the Council or the Board;
(
b) is not utilizing or has voluntarily given up all or part of
that producer's authorized quota or portion leased;
(
c) has had that producer's or lessee's licence revoked or
suspended;
(
d) has not received the approval of the Board for any change of
ownership interest in that producer if an authorized quota has been
allocated or leased in the name of a company.
Lease of quota
33(1) The Board may allow an authorized producer to lease all or part of
that authorized producer's quota to
(
a) another authorized producer, or
(
b) a person who is licensed as a lessee of quota.
(2) An application to lease may be made on the basis of kilograms or quota
units.
(3) An application to lease quota must
(
a) be made in writing to the Board by the authorized producer,
(
b) be endorsed by the proposed lessee,
(
c) specify whether the lease is for a number of kilograms per
production cycle or quota units per production cycle and provide details,
and
(
d) include any other information that the Board requires.
(4) If an authorization to lease is granted by the Board, the Board may
make the authorization subject to those terms or conditions that the Board
considers appropriate in the circumstances.
(5) If an approval for a lease of authorized quota has been granted by the
Board to a person who is licensed as a lessee of quota, the following
provisions apply to that person in the same manner as if that person were
the authorized producer:
section 8;
section 9;
section 10;
section 15;
section 17;
section 23;
section 24;
section 26;
section 27;
section 28;
section 29;
section 30;
section 35;
section 36;
section 37;
section 38;
section 40.
(6) The authorized producer and lessee are
(
a) jointly responsible for reducing the marketing of chicken in
accordance with
section 23(2), and
(
b) jointly and severally liable for
(
i) all service charges assessed under this Regulation,
(ii) all levies assessed under this Regulation, and
(iii) any judgment obtained in respect of service charges
or levies assessed under this Regulation.
(7) If a lease is terminated and any reductions in the marketing of
chicken imposed under
section 23(2) are not completed, the remaining
reductions in the marketing of chicken are the responsibility of
(
a) the authorized producer who leased the quota to the lessee, if
the lessee was not an authorized producer, and
(
b) the lessee, if the lessee was an authorized producer.
(8) The Board shall not allow a lease of quota from an authorized producer
to a lessee if
(
a) the authorized producer has outstanding service charges or
levies payable to the Board, or
(
b) the proposed lessee would exceed the quota limit established
under
section 31.
(9) Despite anything in this Regulation, none of the following permits a
lessee to exercise the rights of a licensed producer under
Part 2 or 3 of
the Plan:
(
a) any authorization granted by the Board authorizing a lessee to
lease quota;
(
b) a licence granted by the Board licensing a person to operate as
a lessee of quota;
(
c) a lease of quota to a lessee.
Permit
34 The Board may issue research permits for research purposes.
Records not available
35 If records are not available to the Board in respect of an authorized
producer, that producer is deemed
(
a) to have marketed the amount of chicken determined by
multiplying the number of chicks delivered to that producer by the average
weight of all chicken marketed in Alberta of the same weight category as
determined by statistics derived from Agriculture Canada Poultry Market
Report number 52, or the current successor to that Report, in the year
prior to the year that the chicken was marketed, and
(
b) to have marketed all of the chicken that grew out of chicks
that were delivered to that producer within 3 months of the delivery of the
chicks.
Division 5
Prohibitions
Processor
36 A processor shall not purchase chicken from any person other than an
authorized producer or a processor.
Producer
37 An authorized producer shall not market chicken to any person other
than a licensed processor or a consumer, unless the Board has granted
permission in writing to that producer to do so.
Selling below minimum price
38 An authorized producer shall not market chicken at a price that is
less than the minimum price that is established by the Board.
Purchasing below minimum price
39 A processor shall not purchase chicken for an amount that is less than
the minimum price that is established by the Board.
Custom killing
40 A processor shall not in a calendar year custom kill more than 2000
chickens for any person other than an authorized producer.
Marketing re reduced weight
41(1) On being advised in writing by the Board that pursuant to
section 23
the Board has reduced the weight of chicken that an authorized producer is
authorized to market, a processor shall not market any chicken in excess of
the reduced weight of chicken, if any, that the producer is authorized to
market unless the processor first obtains written permission from the Board
to do so.
(2) If the Board grants permission for the purposes of subsection (1), the
permission must be in writing and specify the terms on which the marketings
can occur.
PART 3
TRANSITIONAL PROVISIONS,
REPEALS AND EXPIRY
Quota continued
42 If immediately before the coming into force of this Regulation a
person held a number of quota units of base quota, advanced quota or rock
cornish chicken factor quota as defined in the Alberta Chicken Producers
Marketing Regulation (AR 227/96), that person is deemed to hold the same
number of quota units of authorized quota under this Regulation.
Licence continued
43 If, immediately prior to the coming into force of this Regulation, a
person held a licence issued under the Alberta Chicken Producers Marketing
Regulation (Alta. Reg. 227/96), that person continues to hold that licence
under this Regulation and that person and the licence are subject to this
Regulation.
Repeal
44 The Alberta Chicken Producers Marketing Regulation (Alta. Reg. 227/96)
is repealed.
Expiry
45 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 November 30, 2004.
SCHEDULE
FORM 1
Alberta Chicken Producers
(
A) Licensed Producers Return for Week Ending
Saturday:
Date
Producer Name
Prod No
Barn Location
Town
No. of Chicks Placed including Spares
Cornish
Broiler
Roaster
Total Placement By Licensed Producers:
(Date) (Hatchery) (Location) (Signature)
Record Placement of all
Licensed Persons
(
B) Non-Licensed Persons Return for Week Ending
Saturday:
Date
Producer Name
Address
No. of Chicks Placed including Spares
Cornish
Broiler
Roaster
Total of all Chicks Placed with Non-Licensed Persons:
(Date) (Hatchery) (Location) (Signature)
Record Placement of all
Non-Licensed Persons
FORM 2
Alberta Chicken Producers
Processor's Report
Return for Week Ending Saturday: Service Charge is /kg
Date
Producer Name
Prod No
Barn Location
Town
No of Birds
Kilograms
Cornish
Kilograms
Broiler
Kilograms
Roaster
Service
Charge
Totals:
(Date) (Name of Processor) (Signature)
(Amount of Cheque)
FORM 3
Alberta Chicken Producers
Declaration Regarding Custom Kill
1 I, (Name of Producer) of (Address) , Alberta (Postal
Code) , certify that I do NOT hold a subsisting producer's licence.
2 I also certify that the (number) head of chicken being processed on
a custom kill basis and weighing kilograms live will be used for
personal consumption by me and my immediate family.
(Processor Name)
(Date of Processing)
Signature of Producer or
Producer Representative
FORM 4
Alberta Chicken Producers
Producer's Marketing Report Form
I, (Name of Producer) , (Producer No.) of (Address) Alberta
(Postal Code) , submit the following information concerning the sale of
chicken
Date
Buyer's
Name
Buyer's
Address
Age of
Birds
Number of
Birds
Live Weight
in kg.
Totals:
Total Estimated Weight: kg.
x current service charge
= money owing to the Board.
Note:
(
a) This form is to be completed for all chicken marketed to
persons other than licensed processors.
(
b) All forms must be forwarded to the Board (the Alberta Chicken
Producers) with the appropriate service charge within 7 days of the sale.
------------------------------
Alberta Regulation 4/2000
School Act
HOME EDUCATION AMENDMENT REGULATION
Filed: January 13, 2000
Made by the Minister of Learning (M.O. 045/99) on December 20, 1999
pursuant to
section 23(3) of the School Act.
1 The Home Education Regulation (AR 126/99) is amended by this
Regulation.
Section 1 of the
Schedule is amended by striking out "services" and
substituting "studies".
------------------------------
Alberta Regulation 5/2000
Wild Rose Foundation Act
WILD ROSE FOUNDATION REGULATION
Filed: January 14, 2000
Made by the Minister of Community Development on December 15, 1999 pursuant
section 5(1) of the Wild Rose Foundation Act.
Table of Contents
Grant limits 1
Eligibility to receive a grant 2
Use of grant money 3
Repayment of grant money 4
Accountability 5
Agreements 6
Repeal 7
Expiry 8
Grant limits
1(1) The Foundation may provide a grant to an organization in an amount
not exceeding the lesser of
(
a) the amount received by the organization through community fund
raising activities undertaken by the organization, and
(
b) either
(i) $50 000, if the grant is made under the provincial
grants program, or
(ii) $25 000, if the grant is made under the
international grants program.
(2) If the Minister approves, the Foundation may provide a grant in an
amount that exceeds the limits set out in subsection (1).
(3) The Foundation may provide a grant in any amount if the grant is made
under a program other than the provincial grants program or the
international grants program.
Eligibility to receive a grant
2 An organization is eligible to receive a grant
(
a) not more than once every 3 years, if the grant is made under
the provincial grants program, or
(
b) not more than once every year, if the grant is made under
(
i) the international grants program, or
(ii) a program other than the provincial grants program
or the international grants program.
Use of grant money
3(1) The recipient of a grant may use the money
(
a) only for the purpose for which the grant is made, or
(
b) if the original purpose for which the grant is made is varied
with the consent of the Foundation, only for the purpose as varied.
(2) If the recipient of a grant does not use all of the money for the
purpose for which the grant is made, the Foundation may require the
recipient to refund the surplus money to the Foundation.
Repayment of grant money
4(1) The Foundation may require the recipient of a grant to repay all or
part of the money to the Foundation
(
a) if the recipient does not comply with the conditions on which
the grant was made, or
(
b) if the information provided by the recipient to obtain the
grant is determined by the Foundation to be false, misleading or
inaccurate.
(2) An amount that a recipient is required to repay to the Foundation
under subsection (1) is a debt due to the Foundation and may be recovered
from the recipient by an action in debt.
Accountability
5 The Foundation may at any time require the recipient of a grant
(
a) to provide to the Foundation
(
i) information that will enable the Foundation to
determine whether the recipient is complying with the conditions on which
the grant was made and using the money as required by
section 3,
(ii) information that specifically addresses the
accomplishment of the grant objectives by the recipient of the grant,
including proof, if any, that the objectives have been met, and
(iii) an audited financial statement relating to the
expenditure of the money,
and
(
b) to permit a representative of the Foundation or the Auditor
General, or both, to examine any books or records to determine whether the
money has been used as required by
section 3.
Agreements
6 The Foundation may enter into an agreement with any person relating to
the exercise of the Foundation's powers under
section 5 of the Act or under
this Regulation, and may pay the person for work performed pursuant to the
agreement.
Repeal
7 The Wild Rose Foundation Regulation (AR 282/87) is repealed.
Expiry
8 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on November 30, 2004.