Alberta Regulation 115/2023

Traffic Safety Act

DEMERIT POINT PROGRAM AND SERVICE OF

DOCUMENTS AMENDMENT REGULATION

Filed: August 28, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 174/2023)

on August 28, 2023 pursuant to

section 18(1) of the Traffic Safety Act.

1 The Demerit Point Program and Service of Documents

Amendment Regulation (AR 131/2022) is amended by this

Regulation.

Section 5 is repealed and the following is substituted:

5 This Regulation comes into force on September 1,

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

Alberta Regulation 116/2023

Traffic Safety Act

SAFEROADS ALBERTA AMENDMENT REGULATION

Filed: September 1, 2023

For information only: Made by the Minister of Transportation and Economic

Corridors (M.O. 27/23) on August 31, 2023 pursuant to

section 188.1(

f) of the Traffic

Safety Act.

1 The SafeRoads Alberta Regulation (AR 224/2020) is

amended by this Regulation.

Section 2.1(2) is amended by striking out "60 days

immediately after it comes into force" and substituting "on August

31, 2025".

Alberta Regulation 117/2023

Marketing of Agricultural Products Act

ALBERTA HATCHING EGG PLAN REGULATION

Filed: September 1, 2023

For information only: Made by the Minister of Agriculture and Irrigation (M.O.

18/2023) on August 23, 2023 pursuant to

section 23 of the Marketing of Agricultural

Products Act.

Table of Contents

Definitions

2 Designation of agricultural products

Part 1

General Operation of Plan

Division 1

Plan

3 Plan continued

4 Application of Plan

5 Purposes of Plan

Division 2

Administration of Plan by the Board

6 Board continued

7 Functions of the Board

8 Regulations to operate Plan

9 Financing of Plan

10 Authority from Governor in Council

11 Indemnification funds

Part 2

Governance of Plan

12 Members of the Board

13 Elections

14 Insufficient attendance

15 Election irregularities

16 Vacancy

Part 3

Review, Transitional and Repeal

17 Review

18 Transitional

19 Repeal

Definitions

1 In this Regulation,

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

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

of the members of the Board and the producers;

(c) "Board" means the Board known as the Alberta Hatching

Egg Producers referred to in

section 6;

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

age, raised or maintained for the purpose of producing

hatching eggs;

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

chicken for the purpose of producing meat for consumption;

(f) "bylaws" means the bylaws made by the Alberta Hatching

Egg Producers pursuant to

section 26(2.1) of the Act;

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

hatching eggs are incubated for the production of broiler

chicks;

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

chicken for the purpose of hatching into a broiler chick;

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

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act;

(ii) any unincorporated organization that is not a partnership

referred to in subclause (i);

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

for a common purpose and are neither a partnership

referred to in subclause (

i) nor an unincorporated

organization referred to in subclause (ii);

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

section 3;

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

hatching those eggs that are produced as hatching eggs;

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

hatching eggs in Alberta;

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

represent a producer under the bylaws;

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

producer to engage in the production and marketing of

hatching eggs and may be expressed as the maximum

number of breeder hens and pullets that a producer may have

in the producer's possession from time to time;

(o) "regulated product" means hatching eggs produced or

marketed in Alberta;

(p) "special producer meeting" means a special general meeting

of the members of the Board and the producers.

Designation of agricultural products

2 Hatching eggs and breeder chickens are designated as agricultural

products for the purposes of the Act.

Part 1

General Operation of Plan

Division 1

Plan

Plan continued

3(1) The Alberta Hatching Egg Plan continued under the Alberta

Hatching Egg Plan Regulation (AR 283/96) is amended and continued

under this Regulation.

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

of time and shall remain in force unless otherwise terminated pursuant

to the Act.

Application of Plan

4 The Plan applies

(

a) to all of Alberta;

(

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

market, the regulated product;

(

c) to hatcheries for the purposes of

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

(f), (g), (

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

q) and (r).

Purposes of Plan

5 The purposes of the Plan are

(

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

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

regulated product, including the prohibition of production

and marketing in whole or in part of the regulated product,

and

(

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

the following:

(

i) to maintain a fair and stabilized price for the regulated

product;

(ii) to develop and maintain a system of orderly marketing

of the regulated product, including participation in and

compliance with any system established under a Canada

Act;

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

regulated product to meet market demand;

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

available to the market;

(

v) to establish a system of quotas for the production and

marketing of the regulated product;

(vi) to establish standards for the production and marketing

of the regulated product;

(vii) to work and cooperate with other marketing boards and

other organizations, whether in or outside Alberta,

having objectives similar to or compatible with the

objectives of the Board, including the joining of those

organizations and the contribution of funds to them;

(viii) to initiate or support projects or programs that are

intended to stimulate, increase or improve the

production or marketing, or both, of the regulated

product;

(ix) to provide for the prohibition of production or

marketing of the regulated product where the regulated

product is not produced or marketed under a quota;

(

x) to fund, initiate, conduct or carry on research and

development and studies with respect to the production,

handling, marketing and processing of the regulated

product, including research and studies concerning the

development and use of the regulated product.

Division 2

Administration of Plan by the Board

Board continued

6 The board known as the "Alberta Hatching Egg Producers" is

continued.

Functions of the Board

7 The Board is, subject to the Act, responsible for the operation,

regulation, supervision and enforcement of the Plan, the regulations

made by the Board and the bylaws.

Regulations to operate Plan

8(1) The Board is authorized under

section 26(1) of the Act to make,

with the approval of the Council, regulations

(

a) requiring producers engaged in the production or marketing,

or both, of the regulated product to register their names and

addresses with the Board;

(

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

regulated product to furnish to the Board any information or

record relating to the production, marketing or processing of

the regulated product that the Board considers necessary;

(

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

become engaged in the production, marketing and

processing, or any one or more of those functions, of the

regulated product;

(

d) prohibiting persons from engaging in the production,

marketing or processing, as the case may be, of the regulated

product except under the authority of a licence;

(

e) governing the issuance, suspension or cancellation of a

licence;

(

f) providing for

(

i) the assessment, charging and collection of service

charges and licence fees, as the case may be, from

producers from time to time for the purposes of the

Plan, and

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

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

(

g) requiring any person who receives the regulated product from

a producer

(

i) to deduct from the money payable to the producer any

service charges, licence fees or levies, as the case may

be, payable by the producer to the Board, and

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

(

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

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

Board for the purpose of paying its expenses and

administering the Plan and the regulations made by the

Board;

(

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

is payable under a Canada Act.

(2) The Board is authorized under

section 27(1) of the Act to make,

with the approval of the Council, regulations

(

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

regulated product be conducted pursuant to a quota;

(

b) governing

(

i) the fixing and allotting of quotas,

(ii) the increase or reduction of quotas,

(iii) the cancelling of quotas, and

(iv) the refusal to fix and allot quotas,

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

regulated product on any basis the Board considers

appropriate;

(

c) governing the transferability or non-transferability of quotas

and prescribing the conditions and procedures applicable to

the transfer of quotas, if any, that the Board considers

appropriate;

(

d) establishing

(

i) a formula for determining the amount or number of

regulated product deemed to have been produced or

marketed by a producer, and

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

be applied,

for the purpose of determining the amount of regulated

product produced or marketed by a producer during a period

of time;

(

e) respecting assurance programs and standards;

(

f) providing for

(

i) the assessment, charging and collection of a levy from

any producer whose production or marketing, or both,

of the regulated product is in excess of the quota that

has been fixed and allotted to that producer, and

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

levy;

(

g) requiring any person who provides any agricultural product

to a producer under the Plan to furnish to the Board any

information requested by the Board;

(

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

and kind of regulated product that shall be produced or

marketed, or both, by each producer;

(

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

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

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

such a manner that the Board considers appropriate;

(

j) regulating and controlling the production or marketing, or

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

at which the regulated product may be produced or marketed;

(

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

regulated product that the Board considers advisable and the

sale or disposition of it;

(

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

programs for the disposition of any agricultural product

considered to be surplus to market requirements;

(

m) providing for the payment to a producer of the money

payable or owing for the regulated product, less any service

charges and levies owing to the Board by the producer, and

fixing the time or times at which or within which the

payments shall be made;

(

n) governing

(

i) the furnishing of security or proof of financial

responsibility by any person engaged in the production,

marketing or processing of the regulated product, and

(ii) the administration and disposition of any money or

securities so furnished;

(

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

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

regulated product from producing or marketing, as the case

may be, any regulated product;

(

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

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

regulated product from producing or marketing, as the case

may be, any regulated product in excess of that quota;

(

q) prohibiting any person from purchasing or otherwise

acquiring from a producer any regulated product that is in

excess of the quota that has been fixed and allotted to the

producer for the production or marketing, or both, of the

regulated product;

(

r) prohibiting any person from purchasing or otherwise

acquiring any regulated product from a person to whom a

quota has not been fixed and allotted for the production or

marketing, or both, of the regulated product;

(

s) determining from time to time the minimum price or prices

that shall be paid to producers for the regulated product or

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

and determining different prices for different parts of

Alberta.

(3) The Board may be authorized by the Council, under

section 27(2)

of the Act, to make regulations

(

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

chickens were a regulated product under the Plan;

(

b) governing with respect to breeder chickens the producers of

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

breeder chickens were a regulated product under the Plan;

(

c) establishing and governing a formula for determining the

amount or number of the regulated product produced or

deemed to have been produced from breeder chickens.

(4) A regulation referred to in this

section that is made by the Board

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

regulation is first submitted to and approved by the Council.

Financing of Plan

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

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

Authority from Governor in Council

10 In accordance with

section 50 of the Act, with respect to the

production or marketing, or both, of the regulated product, the Board

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

power imposed or conferred on the Board by or under the Agricultural

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

(Canada), or both of them.

Indemnification funds

11(1) The Board may establish one or more funds under

section 34 or

35 of the Act.

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

accordance with sections 34 and 35 of the Act.

Part 2

Governance of Plan

Members of the Board

12 The Board shall consist of 5 members elected or appointed in

accordance with the Plan and the bylaws.

Elections

13(1) Elections to the Board shall be conducted by means of a vote of

the producers and producer's representatives in accordance with the

procedures set out in the bylaws

(

a) at the annual producer meeting,

(

b) at a special producer meeting, if the Council directs under

section 15(5)(

a) that an election be held, or

(

c) by mail-in ballot, if the Board so directs.

(2) A producer or producer's representative who is eligible to vote

under the bylaws may vote for any number of candidates not exceeding

the number of members to be elected to the Board notwithstanding that

the producer may manage, operate, own, lease or hold equity in 2 or

more operations that are registered separately with the Board.

Insufficient attendance

14(1) If an election is held under the Plan and there is in attendance at

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

producers who are eligible to vote at the election,

(

a) the election is void, and

(

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

(2) Notwithstanding that a position is vacant pursuant to subsection

(1), the bylaws may provide that the term of office of the position is

deemed to have commenced as if an individual had been elected to the

position.

Election irregularities

15(1) If a producer questions

(

a) the eligibility of a candidate,

(

b) the eligibility of a voter,

(

c) any matter relating to a ballot or the tabulation of ballots, or

(

d) any other irregularity with respect to the conduct of an

election,

the producer may, not later than 30 days after the day of the election,

apply in writing to the Council to have the election declared void and

the position declared vacant.

(2) If the Council has not received an application within the 30-day

period referred to in subsection (1), an individual elected at that

election is deemed to be duly elected.

(3) The Council shall not consider an application under subsection

(1) that is not received by the Council within 30 days after the day of the

election.

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

consider the matter and may

(

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

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

application,

(

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

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

the opinion of Council,

(

i) the basis for the application did not materially affect the

result of the election, and

(ii) the election was conducted substantially in accordance

with the Plan, the bylaws and the Act,

(

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

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

and the basis is sufficient to or did affect the result of the

election.

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

vacant, the Council may

(

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

special producer meeting be held and an election conducted

to fill the vacant position for the unexpired portion of the

term, or

(

b) notify the Board that the position is vacant and that the Board

may appoint an individual to fill the vacant position in

accordance with

section 16.

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

declared vacant under subsection (4)(c), the bylaws may provide that

the term of office of the position is deemed to have commenced on the

day that the election that was declared void was held.

Vacancy

16(1) If a vacancy occurs on the Board, the Board may, in accordance

with the bylaws and with the approval of the Council, appoint from

among the individuals who are eligible to be elected to the Board an

individual to act as a Board member until the date of the next annual

producer meeting.

(2) At the next annual producer meeting following the appointment of

an individual under subsection (1), the position shall be filled by an

election held in accordance with the Plan and the bylaws for the

unexpired portion of the term.

Part 3

Review, Transitional and Repeal

Review

17 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before September 30, 2025.

Transitional

18 Where an individual is a member of the Board immediately before

the coming into force of this regulation, that person continues to be a

member of the Board until the expiry of that individual's term of office

in accordance with the Plan and the bylaws unless

(

a) the individual is removed or resigns from office, or

(

b) the bylaws reduce the term of office for that position.

Repeal

19 The Alberta Hatching Egg Plan Regulation (AR 283/96) is

repealed.