THE ALBERTA GAZETTE,

PART II, JANUARY 15, 1997

Alberta Regulation 309/96

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS AUTHORIZATION

AMENDMENT REGULATION

Filed: December 13, 1996

Made by the Alberta Agricultural Products Marketing Council pursuant to

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

1 The Alberta Chicken Producers Authorization Regulation (Alta. Reg.

80/93) is amended by this Regulation.

2 The following is added after

section 3:

Expiry

3.1 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 310/96

Marketing of Agricultural Products Act

ALBERTA FRESH VEGETABLE PRODUCERS

AUTHORIZATION REGULATION

Filed: December 13, 1996

Made by the Alberta Agricultural Products Marketing Council pursuant to

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

Table of Contents

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(1) In this Regulation,

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

(b) "Board" means the Alberta Fresh Vegetable Producers referred to

section 9 of the Plan;

(c) "Plan" means the Alberta Fresh Vegetable Producers' Plan

Regulation;

(d) "producer" means a producer as defined in the Plan;

(e) "regulated product" means the regulated product as defined in

the Plan.

(2) Words used in this Regulation that are defined in the Plan have the

same meaning as defined in the Plan.

Regulations made under

section 26 of the Act

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

is hereby authorized under

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 the 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 the 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 the 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.

Regulations made under

section 27(1) of the Act

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

is hereby authorized under

section 27(1) of the Act to make regulations

(

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

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

regulated product be paid to or through the Board;

(

d) 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;

(

e) 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;

(

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

money owing to a producer for the regulated product.

Repeal

4 The Alberta Fresh Vegetable Marketing Board Authorization Regulation

(Alta. Reg. 22/91) is 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, 1997.

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

Alberta Regulation 311/96

Marketing of Agricultural Products Act

ALBERTA SHEEP AND WOOL COMMISSION

AUTHORIZATION REGULATION

Filed: December 13, 1996

Made by the Alberta Agricultural Products Marketing Council pursuant to

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

Definitions

1(1) In this Regulation,

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

(b) "Commission" means the Alberta Sheep and Wool Commission;

(c) "Plan" means the Alberta Sheep and Wool Commission Plan

Regulation;

(d) "producer" means a producer as defined in the Plan;

(e) "regulated product" means regulated product as defined in the

Plan.

(2) Words defined in the Act or the Plan have the same meaning when used

in this Regulation.

Regulations made under

section 26 of the Act

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

Commission is hereby authorized under

section 26 of the Act to make

regulations

(

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

regulated product to furnish to the Commission any information or record

relating to the marketing or processing of the regulated product that the

Commission considers necessary;

(

b) requiring persons, other than an eligible producer, to be

licensed under the Plan before they become engaged in the marketing or

processing of the regulated product;

(

c) prohibiting persons, other than an eligible producer, from

engaging in the marketing and processing, as the case may be, of the

regulated product except under the authority of a licence issued under the

Plan;

(

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

issued under the Plan;

(

e) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time as required for the purpose 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;

(

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

producer

(

i) to deduct from the money payable to the producer

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

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

(

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

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

purpose of paying its expenses and administering the Plan and the

regulations made by the Commission;

(

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

payable under a Canada Act.

Repeal

3 The Alberta Sheep and Wool Commission Plan, 1972 Implementation

Regulations (Alta. Reg. 160/76) are repealed.

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 312/96

Municipal Government Act

EDUCATION REQUISITION CALCULATION FORM REGULATION

Filed: December 16, 1996

Made by the Minister of Municipal Affairs (M.O. L:351/96) pursuant to

section 604(

d) of the Municipal Government Act.

Definition

1 In this Regulation, "Act" means the Municipal Government Act.

Education requisition calculation form

2 The form set out in the

Schedule is the form to be used by a

municipality to calculate the tax rates required to raise the revenue

needed to pay the requisitions referred to in

section 326(a)(ii) and (iii)

of the Act in that municipality.

Coming into force

3 This Regulation comes into force on January 1, 1997 and expires on

December 31, 1997.

SCHEDULE

EDUCATION REQUISITION CALCULATION FORM

MUNICIPALITY NAME:

The following tables are to be used to calculate live property tax rates to

be applied on municipal tax notices and must be submitted to Municipal

Affairs by Oct. 31, 1997.

Calculation of the Alberta School Foundation Fund (ASFF) Tax Rates

(Expressed in Mills)

Assessment Class

1997 ASFF Requisition

(1) Plus 1996 Underlevies and Minus 1996 Overlevies1

(2) Total 1997 Levy [(1) + (2) = (3)]

Live Assessment2

(4) Property Tax Rate [((3)/(4)) x 1000]

Residential and Farmland

Non-Residential

Linear

Machinery and Equipment

Total

1Municipal Government Act -

section 359(3) - "If in any year the property

tax imposed to pay the requisitions results in too much or too little

revenue being raised for that purpose, the council must accordingly reduce

or increase the amount of revenue to be raised for that purpose in the next

year."

2Live Assessment is the total taxable assessment on the municipality's

assessment roll which is subject to the ASFF levy. It includes

grant-in-lieu properties and special franchise properties. This live

assessment should exclude the declared assessment of any opted out school

boards.

Calculation of the Opted Out School Jurisdiction Tax Rates (Expressed

in Mills)

Assessment Class

Requisition

(1) Plus 1996 Underlevies and Minus 1996 Overlevies1

(2) Total 1997 Levy [(1) + (2) = (3)]

Live Assessment (Declared live assessment of any opted out school boards)

(4) Property Tax Rate [((3)/(4)) x 1000]

Residential and Farmland

Non-Residential

Machinery and Equipment

Total

1Municipal Government Act -

section 359(3) - "If in any year the property

tax imposed to pay the requisitions results in too much or too little

revenue being raised for that purpose, the council must accordingly reduce

or increase the amount of revenue to be raised for that purpose in the next

year."

Alberta Regulation 313/96

Municipal Government Act

STANDARDS OF ASSESSMENT AMENDMENT REGULATION

Filed: December 17, 1996

Made by the Minister of Municipal Affairs (M.O. L:355/96) pursuant to

section 322 of the Municipal Government Act

1 The Standards of Assessment Regulation (Alta. Reg. 365/94) is amended

by this Regulation.

Section 5 is amended by re-numbering it as

section 5(1) and adding the

following after subsection (1):

(2) Each rail company must report the type and length of line in

each municipality annually to the designated assessor.

Section 6 is amended by repealing subsection (1) and substituting the

following:

Valuation standard for linear property

6(1) The valuation standard for linear property is that calculated

in accordance with the procedures referred to in subsection (2).

Schedule 1 is repealed and the following is substituted:

SCHEDULE 1

VALUATION STANDARD FOR RAILWAY

1 The valuation standard for railway is $391 000 per kilometre, as

adjusted by

(

a) firstly, multiplying the valuation standard by the applicable

assessment year modifier, and

(

b) secondly, multiplying the product of the valuation standard and

the applicable assessment year modifier by the applicable factor for the

applicable annual traffic:

ASSESSMENT YEAR MODIFIER

1995 1.00

1996 1.00

1997 1.00

1998 1.00

AVERAGE ANNUAL TRAFFIC FACTOR

Type 1 More than 25 million tonnes 0.400

Type 2 More than 15 million tonnes to a maximum of 0.300

25 million tonnes

Type 3 More than 7 million tonnes to a maximum of 0.150

15 million tonnes

Type 4 More than 3 million tonnes to a maximum of 0.040

7 million tonnes

Type 5 More than 1 million tonnes to a maximum of 0.030

3 million tonnes

Type 6 Up to 1 million tonnes 0.025

Type 7 Abandoned rail line or zero tonnes 0.010

Type 8 Spur line on station ground, private land or 0.020*

marshalling or maintaining yards

*Indicates rail value only. Land is valued separately.

Schedule 2 is amended

(

a) in

section 1 by renumbering clause (

a) as clause (a.1) and by

adding the following before clause (a.1):

(a) "assessment level" for a specified group of

properties means the overall ratio of assessments to indicators of market

value;

(

b) section 2 is amended in the table in the

(

i) item for "Cities" by striking out "0-15.0" and

substituting "0-20.0";

(ii) item for "Other municipalities" by striking out

"0-15.0" and substituting "0-20.0";

(

c) by adding the following after

section 2:

3 The median assessment ratio of any group must be within 5%

of the assessment level.

Alberta Regulation 314/96

Municipal Government Act

NON-PROFIT ORGANIZATION TAX EXEMPTION

AMENDMENT REGULATION

Filed: December 17, 1996

Made by the Minister of Municipal Affairs (M.O. L:354/96) pursuant to

section 370(

d) of the Municipal Government Act.

1 The Non-profit Organization Tax Exemption Regulation (Alta. Reg.

125/95) is amended by this Regulation.

2 The following is added after

section 7:

Class C liquor licences

8 For the purposes of

section 365(2) of the Act, property in

respect of which a Class C liquor licence is issued under the Gaming and

Liquor Regulation (Alta. Reg. 143/96) is exempt from taxation if

(

a) the property is listed in

section 362(n)(ii) of the

Act and meets the requirements of

section 5 of this Regulation, or

(

b) the property is listed in

section 362(n)(iii) of

the Act and meets the requirements of

section 6 of this Regulation.

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

Alberta Regulation 315/96

Municipal Government Act

TRANSITIONAL AMENDMENT REGULATION

Filed: December 17, 1996

Made by the Minister of Municipal Affairs (M.O. L:356/96) pursuant to

section 710 of the Municipal Government Act.

1 The Transitional Regulation (Alta. Reg. 372/94) is amended by this

Regulation.

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

(3) Despite subsection (1),

(

a) the City of Edmonton must prepare assessments for

property in that municipality in accordance with the new Act, and

(

b) the County of Ponoka must prepare assessments for

property in that municipality in accordance with the new Act,

not later than 1997, for taxation in the following year.

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

Alberta Regulation 316/96

Marketing of Agricultural Products Act

EGG PRODUCTION AND MARKETING AMENDMENT REGULATION

Filed: December 18, 1996

Made by the Alberta Egg Producers Board pursuant to

section 27 of the

Marketing of Agricultural Products Act.

1 The Egg Production and Marketing Regulation (Alta. Reg. 28/93) is

amended by this Regulation.

Section 33(1) is amended by striking out "19 cents" and substituting

"18 cents".

3 This Regulation comes into force on December 29, 1996.

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

Alberta Regulation 316/96

Marketing of Agricultural Products Act

EGG PRODUCTION AND MARKETING AMENDMENT REGULATION

Filed: December 18, 1996

Made by the Alberta Egg Producers Board pursuant to

section 27 of the

Marketing of Agricultural Products Act.

1 The Egg Production and Marketing Regulation (Alta. Reg. 28/93) is

amended by this Regulation.

Section 33(1) is amended by striking out "19 cents" and substituting

"18 cents".

3 This Regulation comes into force on December 29, 1996.

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

Alberta Regulation 317/96

Mines and Minerals

PRESCRIBED AMOUNTS (NATURAL GAS ROYALTY)

AMENDMENT REGULATION

Filed: December 19, 1996

Made by the Branch Head, Gas Royalty and Mineral Tax (M.O. 37/96) pursuant

section 6 of the Natural Gas Royalty Regulation, 1994 (Alta. Reg.

351/93).

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 (22):

(23) The following prices are prescribed for the October 1996

production month:

Item Price

Gas Reference Price $1.28 per gigajoule

Gas Par Price $1.20 per gigajoule

Pentanes Reference Price $210.59 per cubic metre

Pentanes Par Price $197.86 per cubic metre

Propane Reference Price $154.27 per cubic metre

Butanes Reference Price $135.79 per cubic metre

Section 5 is amended by adding the following after subsection (22):

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

the October 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)

$4.30 $5.60 $8.89 $6.84

(

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

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

$6.51 $5.15 $5.12 $3.69

(

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

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

$6.88 $8.10 $13.60 $13.64

Storage Allowance for pentanes plus, propane and butanes

$ 0.00

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

Alberta Regulation 318/96

Municipal Government Act

ASSESSMENT EQUALIZATION AMENDMENT REGULATION

Filed: December 20, 1996

Made by the Minister of Municipal Affairs (M.O. L:358/96) pursuant to

section 322 of the Municipal Government Act.

1 The Assessment Equalization Regulation (Alta. Reg. 366/94) is amended

by this Regulation.

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

(c) "assessment ratio" has the meaning given to it in

Schedule 2 of

the Standards of Assessment Regulation (Alta. 365/94);

(d) "overall ratio" means the weighted ratio for a group of

properties, calculated using the median assessment ratios for subgroups of

properties within that group.

Section 2 is repealed and the following is substituted:

Preparation of an equalized assessment

2(1) In preparing the equalized assessment for a municipality, the

assessments reported in accordance with

section 319 of the Act must be

adjusted, using relevant information that the Minister deems appropriate,

(

a) to reflect the total assessments for property in

the municipality

(

i) adjusted to a common year, and

(ii) adjusted to reflect an assessment level

of 1.00,

and

(

b) to compensate for differences between the Standards

of Assessment Regulation (Alta. Reg. 365/94) and the applicable assessment

legislation and regulations that were in force when assessments were last

prepared for all property in the municipality.

(2) The assessments referred to in subsection (1) must also be

adjusted by applying factors that the Minister deems appropriate for

parcels of land that were assessed in accordance with

section 2(1)(

b) of

the Standards of Assessment Regulation (Alta. Reg. 365/94) and for

improvements that were assessed in accordance with

section 3(1)(

a) of that

Regulation.

Change exceeding 10%

2.1(1) If the equalized assessment for a municipality changes by

more than 10% from one year to the next, the Minister may phase in the new

equalized assessment over a period not exceeding 3 years.

(2) Subsection (1) applies only when the equalized assessment for a

municipality is being prepared for 1997 or a subsequent year.

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

Alberta Regulation 319/96

Marketing of Agricultural Products Act

ALBERTA SHEEP AND WOOL COMMISSION REGULATION

Filed: December 20, 1996

Made by the Alberta Sheep and Wool Commission pursuant to

section 26 of the

Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

Service charge 2

Collection of service charge by dealer 3

Payment of service charge to Commission 4

Exemptions from paying service charge 5

Interest 6

Use of funds 7

Information 8

Legal action 9

Transitional 10

Repeal 11

Expiry 12

Definitions

1(1) In this Regulation,

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

(b) "Commission" means the Alberta Sheep and Wool Commission;

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

Council;

(d) "Plan" means the Alberta Sheep and Wool Commission Plan

Regulation;

(e) "service charge" means a service charge payable under section

(2) Words used in this Regulation have the same meaning as they do in the

Plan.

Service charge

2(1) In respect of every sale made by a producer of a sheep, a whole

sheep carcass or any part of a sheep carcass, there is payable to the

Commission by that producer a service charge in the amount of

(a) $1.00 per sheep,

(b) $1.00 per whole sheep carcass, or

(c) 2 cents per pound or 4.4 cents per kilogram of any part of a

sheep carcass.

(2) In respect of every sale of wool made by a producer, there is payable

to the Commission by that producer a service charge in the amount of 1 cent

per pound of wool or 2.2 cents per kilogram of wool.

Collection of service charge by dealer

3(1) Where a producer sells the regulated product through a dealer, the

service charge payable in respect of that regulated product must be

deducted from the money payable by the dealer to the producer.

(2) If a dealer fails to deduct a service charge as required under

subsection (1), the producer and the dealer are jointly and severally

liable to the Commission for the amount of the service charge not deducted.

(3) Notwithstanding subsection (2), the producer is not liable for the

payment of the service charge if the producer proves, to the satisfaction

of the Commission, that the service charge was deducted by the dealer.

Payment of service charge to Commission

4(1) When a service charge becomes payable or is deducted from the money

payable to the producer, the person who is responsible for the payment or

the deduction of the service charge must, on or before the 25th day of the

month next following the month in which the service charge was or should

have been paid or deducted,

(

a) pay the service charge to the Commission, and

(

b) complete and deliver to the Commission any form that is

required by the Commission with respect to the marketing of the regulated

product.

(2) Notwithstanding subsection (1), if the total amount of the service

charges payable by a producer in a calendar year is less than $50.00, that

amount may be remitted to the Commission on or before December 31 of that

calendar year.

Exemptions from paying service charge

5(1) The Commission may exempt sales of the regulated product from being

subject to a service charge payable under this Regulation, but the

exemption is not effective until it has been approved by a majority vote of

eligible producers at the annual Commission meeting.

(2) Notwithstanding anything in this Regulation, a processor is exempt

from paying the service charge to the Commission for any sheep carcass or

any part of a sheep carcass sold by the processor on behalf of a producer

for which a service charge was already deducted and paid to the Commission.

Interest

6 Interest at the rate of 1.5% per month is payable to the Commission on

any late payment to the Commission of a service charge and any interest

owing in respect of that service charge.

Use of funds

7(1) In this section, "funds" includes the following:

(

a) service charges;

(

b) interest payable under this Regulation;

(

c) any other money received or earned by the Commission;

(

d) any interest that accrues from maintaining the money referred

to in clauses (a), (

b) and (c).

(2) Any funds received by the Commission may be used by the Commission for

the purpose of paying its expenses and administering and enforcing the Act,

the Plan, this Regulation and any other regulations made under the Act in

so far as those enactments relate to the Plan and the operations of the

Commission.

(3) The Commission may establish one or more accounts for the payment of

any funds that may be required for the purposes referred to in subsection

(2).

Information

8(1) The Commission or any authorized representative of the Commission may

request a person engaged in the marketing or processing of the regulated

product to furnish to the Commission any information relating to the

marketing or processing of the regulated product that the Commission

considers necessary for the purposes of administering and enforcing

(

a) the Plan,

(

b) this Regulation, and

(

c) any other regulation made under the Act in respect of the Plan

or the Commission.

(2) Where a person receives a request for information under subsection

(1), that person must deliver the information to the Commission on or

before the 25th day of the month next following the month in which the

request for the information is made.

Legal action

9 The Commission may recover by legal action

(

a) the amount of any service charge that is not deducted and paid

as required by this Regulation,

(

b) any interest payable under this Regulation, and

(

c) any legal costs on a solicitor-client basis incurred in the

recovery of any amount referred to in clauses (

a) and (b).

Transitional

10 All rights and obligations under the Regulations Relating to the

Marketing of Sheep or Wool (Alta. Reg. 238/72) become rights and

obligations under this Regulation.

Repeal

11 The Regulations Relating to the Marketing of Sheep or Wool (Alta. Reg.

238/72) are repealed.

Expiry

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

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

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

expires on December 31, 2001.

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

Alberta Regulation 320/96

Marketing of Agricultural Products Act

ALBERTA FRESH VEGETABLE PRODUCERS REGULATION

Filed: December 20, 1996

Made by the Alberta Fresh Vegetable Producers pursuant to sections 26 and

27 of the Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

Prohibition re producer 2

Prohibition re broker 3

Licences 4

Licence not transferable 5

Licence fees 6

Licence suspended, revoked or not renewed 7

Notification of refusal, etc. 8

Records 9

Invoice 10

Sale proceeds 11

Service charge 12

Payment to producer 13

Grading 14

Recovery of amounts owing 15

Use of service charges, etc. 16

Container markings 17

Transitional 18

Repeal 19

Expiry 20

Definitions

1(1) In this Regulation,

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

(b) "broker" means a broker as defined in

section 1 of the Plan;

(c) "broker's licence" means a licence issued under

section 4(4);

(d) "fresh cut vegetables" means fresh cut vegetables as defined in

section 1 of the Plan;

(e) "fresh vegetables" means the regulated product other than fresh

cut vegetables;

(f) "Plan" means the Alberta Fresh Vegetable Producers' Plan

Regulation;

(g) "producer" means a producer as defined in

section 1 of the

Plan;

(h) "producer's licence" means a licence issued under

section 4(3);

(i) "regulated product" means regulated product as defined in

section 1 of the Plan;

(j) "retailer" means a retailer as defined in

section 1 of the

Plan;

(k) "wholesaler" means a wholesaler as defined in

section 1 of the

Plan.

(2) Except where otherwise provided in this Regulation, words defined in

the Act and the Plan have the same meaning in this Regulation.

Prohibition re producer

2 A person who produces the regulated product shall not sell that

regulated product or offer that regulated product for sale unless that

person holds a producer's licence.

Prohibition re broker

3 A person shall not

(

a) sell or offer for sale, on behalf of a producer, the regulated

product produced by that producer, or

(

b) receive the regulated product produced by a producer for the

purposes of selling that regulated product or offering that regulated

product for sale on behalf of that producer,

unless that person holds a broker's licence.

Licences

4(1) A person who wishes to be licensed as a producer or a broker may, on

an application in a form acceptable to and containing the information

required by the Board, apply to the Board for a producer's licence or a

broker's licence.

(2) The Board shall consider every application for a licence that the

Board receives.

(3) On considering an application for a producer's licence, the Board may

issue to the applicant a producer's licence.

(4) On considering an application for a broker's licence, the Board may

issue to the applicant a broker's licence.

(5) The Board may refuse to grant a licence for any reason that the Board

considers appropriate in the circumstances.

(6) Where a person carries out the activities of a producer for which a

producer's licence is required and the activities of a broker for which a

broker's licence is required, that person must hold both a producer's

licence and a broker's licence.

(7) The term of a licence is from June 1 to the following May 31.

Licence not transferable

5 A licence issued by the Board is not transferable.

Licence fees

6 The fees payable for a producer's licence and broker's licence for each

12-month period or part thereof commencing June 1 and ending May 31 of the

following year shall be fixed by a vote of the registered producers at an

annual general meeting or a special general meeting of the registered

producers.

Licence suspended, revoked or not renewed

7(1) The Board may

(

a) suspend or revoke a licence, or

(

b) refuse to renew a licence,

if, in the opinion of the Board, the holder of the licence or the applicant

for renewal has failed to observe, perform or carry out the provisions of

the Act, the Plan, this or any other regulation applying to the holder or

applicant or any order or direction of the Council or the Board.

(2) Where the Board suspends a licence, it may do so for a period of time

that the Board considers appropriate in the circumstances.

(3) On receipt of a notification that a licence has been suspended or

revoked, the person whose licence has been suspended or revoked shall

immediately cease carrying on the activity to which the licence relates.

Notification of refusal, etc.

8 The Board shall forthwith notify in writing any person whose

application for a licence is refused, whose licence is suspended or revoked

or whose licence the Board refuses to renew.

Records

9 A producer, broker, wholesaler or retailer who produces or markets, as

the case may be, the regulated product shall furnish to the Board any

information or record in a timely manner relating to the production or

marketing, or both, of the regulated product that the Board considers

necessary.

Invoice

10(1) No wholesaler or retailer shall buy the regulated product from a

producer or from a broker on behalf of a producer except on a form of

invoice provided by the Board that bears the Board's name on the face of

the invoice.

(2) Notwithstanding subsection (1), a broker may with the approval of the

Board sell regulated product to a wholesaler or a retailer using the

broker's own form of invoice instead of the invoice referred to in

subsection (1) if

(

a) the producer who is supplying the regulated product to the

broker provides to the Board the information required by the Board

respecting the supplying of the regulated product to the broker, and

(

b) the information provided to the Board under clause (

a) is given

to the Board on a form provided by the Board that bears the Board's name on

its face.

Sale proceeds

11(1) Where a person who is a wholesaler or a retailer buys the regulated

product

(

a) from the producer, or

(

b) through a broker who sells the regulated product on behalf of

the producer,

that person shall pay the proceeds of the sale to the Board within 30 days

from the day that the regulated product is received by that person.

(2) Notwithstanding subsection (1), a wholesaler or retailer who

purchases regulated product from a broker pursuant to

section 10(2) may pay

the proceeds of the sale to the broker if the broker has undertaken with

the Board that the broker

(

a) will accept payment from wholesalers and retailers for the

purchase of regulated product pursuant to

section 10(2), and

(

b) on receiving payment for the regulated product will

(

i) deduct from the payment the amount of the service

charge payable in respect of the regulated product and forward that amount

to the Board, and

(ii) pay to the producer who supplied that regulated

product the balance owing to the producer for the regulated product.

(3) Where a person who is a wholesaler or a retailer buys regulated

product pursuant to

section 10(2) and makes payment under subsection (2) of

this section, that person shall make the payment to the broker within 30

days from the day that the regulated product is received by that person.

Service charge

12(1) There shall be payable by a producer to the Board, in respect of the

first bona fide sale of the regulated product either directly or through a

broker to a wholesaler or retailer, a service charge equal to 2.25% of the

invoice price of the fresh vegetables.

(2) Where payment for regulated product is made to a broker under

section

11(2), the broker shall, within 30 days of receiving payment for the

regulated product, pay to the Board the amount of the service charge

payable in respect of the regulated product.

Payment to producer

13 The Board shall, after deduction of the service charge, forthwith pay

the balance of the invoice price to the producer or broker.

Grading

14 Unless the regulated product has been graded in accordance with the

Canada Agricultural Products Standards Act (Canada) or the Vegetable Sales

(Alberta) Act,

(

a) no person shall purchase that regulated product from a producer

or broker, and

(

b) no producer or broker shall sell that regulated product or

offer that regulated product for sale.

Recovery of amounts owing

15 The Board may recover by legal action

(

a) service charges and licence fees payable under this Regulation,

and

(

b) the purchase price of the regulated product required to be paid

by a wholesaler or retailer pursuant to

section 11.

Use of service charges, etc.

16 The Board may use the service charges, licence fees and money arising

from investments of and any other income earned by the Board for the

purpose of paying the Board's expenses and administering the Plan and the

regulations made by the Board.

Container markings

17 The Board may by order in writing require producers and brokers to

mark the containers of their regulated products in a manner that, to the

satisfaction of the Board, shows the place of origin or the place of

production of the regulated product.

Transitional

18 A licence issued under the Fresh Vegetable Marketing Regulation (Alta.

Reg. 78/91) is deemed to have been issued under this Regulation.

Repeal

19 The Fresh Vegetable Marketing Regulation (Alta. Reg. 78/91) is

repealed.

Expiry

20 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, 1997.