Alberta Gazette — 30 June (ii)
0630 ii
Alberta — Gazette
THE ALBERTA GAZETTE,
PART II, JUNE 30, 1998
Alberta Regulation 102/98
Government Organization Act
CORPORATE REGISTRY DOCUMENT HANDLING PROCEDURES
AMENDMENT REGULATION
Filed: June 1, 1998
Made by the Minister of Municipal Affairs (M.O. R325/98) pursuant to
section 9 of
Schedule 13 of the Government Organization Act.
1 The Corporate Registry Document Handling Procedures Regulation (AR
9/98) is amended by this Regulation.
Section 28 is repealed and the following is substituted:
Fees
28 The fees payable to the Registrar with respect to a transmittal,
a search, the issuance of a certificate or other document and any other
related services are those set out in the
Schedule or in or under
enactments or the electronic access agreement.
3 The following
Schedule is added to the Regulation:
SCHEDULE
BUSINESS CORPORATIONS ACT
1 The fees payable under the Business Corporations Act are as follows:
(
a) for Certificate of Incorporation $300
(
b) for Certificate of Amendment (articles of
amendment) 75
(
c) for Certificate of Amalgamation 300
(
d) for Certificate of Registration of an
Extra-provincial Corporation 300
(
e) for Certificate of Amendment of Registration
of an Extra-provincial Corporation 75
(
f) for Certificate of Registration of an
Amalgamated Corporation (Extra-provincial) 300
(
g) for Certificate of Restated Articles of
Incorporation 75
(
h) for Certificate of Continuance under
section
181 of the Business Corporations Act 300
(
i) for Certificate of Amendment (articles of
reorganization) 75
(
j) for Certificate of Revival 300
(
k) for Certificate of Revocation of Intent to
Dissolve 50
Equivalency or Pseudonym 50
(
m) for a Certificate of Continuance under
section 261 of the Business Corporations Act 300
(
n) for Certificate of Dissolution 50
(
o) for filing an annual return 10
(
p) for Certificate of Status 25
(
q) for any certificate or certification for
which a fee is not provided 25
(
r) for search - for each corporation
(microfiche only) 10
(
s) for certification:
certificate 25
each page certified 1
(
t) for an uncertified copy of any document
or part thereof, in addition to the fee for
search under clause (r), per page 1
(
u) for registration of mortgage 50
(
v) for filing of a change to a registered
mortgage 20
(
w) for registration of discharge or partial
discharge of mortgage 20
(
x) for appointment of a receiver 20
(
y) for a microfiche list of active and
inactive bodies corporate 25
(
z) for issuing a corrected certificate 75
(aa) for a photocopy of the Registrar's register
of mortgages, per page 1
(bb) for a monthly listing of receiver and
receiver-manager appointments filed with
the Registrar, per month 50
(cc) for a telephone search - for each
corporation 10
(dd) for a written search - for each
corporation 10
(ee) for a facsimile transfer - for each
corporation 5
4 This Regulation comes into force on June 1, 1998.
------------------------------
Alberta Regulation 103/98
Government Organization Act
MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION
Filed: June 3, 1998
Made by the Lieutenant Governor in Council (O.C. 221/98) pursuant to
section 13 of the Government Organization Act.
1 The Municipal Affairs Grants Regulation (AR 82/78) is amended by this
Regulation.
2 The following is added after
Schedule 8:
SCHEDULE 9
Municipal 2000 Sponsorship Program
1 In this Schedule, "municipality" means a city, town, village,
municipal district, improvement district, special area, specialized
municipality or Metis settlement.
2 The Minister may make grants to municipalities for the purpose of
carrying out projects
(
a) to improve municipal governance or administration,
(
b) to enhance municipal services or service delivery,
(
c) to increase intermunicipal co-operation, or
(
d) to increase municipal economic viability.
3(1) A municipality is eligible to apply for grants under this
Schedule if its population does not exceed 20,000 based on the latest
official population list of the Department of Municipal Affairs.
(2) An application for a grant under this
Schedule must be on the
form approved by the Minister.
4 The Minister is authorized to enter into agreements with
municipalities to provide conditional grants under this Schedule.
5 Grants made under this
Schedule must be used
(
a) for the purposes approved, and
(
b) subject to the conditions set out in the agreement.
6 If a municipality has not met the conditions in the agreement, or
has used the grant for unauthorized purposes, the Minister may require the
municipality to return the grant or a portion of it to the Provincial
Treasurer.
------------------------------
Alberta Regulation 104/98
Municipal Government Act
CAPITAL REGION ASSESSMENT SERVICES COMMISSION
AMENDMENT REGULATIO
Filed: June 3, 1998
Made by the Lieutenant Governor in Council (O.C. 223/98) pursuant to
section 602.02 of the Municipal Government Act.
1 The Capital Region Assessment Services Commission Regulation (AR 77/96)
is amended by this Regulation.
2 The
Schedule is amended by striking out the following:
The Summer Village of Birch Cove
Alberta Regulation 105/98
Government Organization Act
EDMONTON RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: June 3, 1998
Made by the Lieutenant Governor in Council (O.C. 225/98) pursuant to
Schedule 5,
section 4 of the Government Organization Act.
1 The Edmonton Restricted Development Area Regulations (AR 287/74) are
amended by this Regulation.
Section 1 of the Schedule, describing land located in Township 53,
Range 25, West of the Fourth Meridian, is amended by striking out
Sections 8, 17 & 18 Plan 892 0486, showing survey for descriptive
purposes of a right-of-way for a Transportation/Utility Corridor.
Sections 20 & 21 Plan 882 2941, showing survey for descriptive
purposes of a right-of-way for a Transportation/Utility Corridor.
Sections 27 & 28 Plan 882 1697 showing survey for descriptive
purposes of a right-of-way for a Transportation/Utility Corridor.
and substituting
Sections 7 & 18 Plan 892 0486 showing survey for descriptive
purposes of a right-of-way for a Transportation/Utility Corridor.
Section 17 Plan 892 0486 showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor;
All the areas as
listed on Certificate of Title No. 912283151+2 within the northeast quarter
section
Section 20 Plan 882 2941 showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor; Lots A and B Plan 762 0483 within the northeast quarter of
section 20;
All that area north
of Plan 882 2941 within the southwest quarter of
section 20;
EXCEPTING THEREOUT
Plan 4291 R.S. within
the southwest quarter of
section
Section 21 Plan 882 2941 showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor;
All that area
northwest of Plan 882 2941 within the northwest quarter of
section 21;
EXCEPTING THEREOUT
Plan 982 2241 within
the west half of
section
Section 27 Plan 882 1697 showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor;
All that portion of
Block 6 Plan 179 H.W. lying south and east of Plan 882
Section 28 Plan 882 1697 showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor;
Lot 5, Block 3, Plan
812 1338;
Railway Plan 9201 S.;
All that area
northeast of Railway Plan 9201 S. being northwest and south of Plan 882
1697 within the southwest quarter of
section
Section 9 of the Schedule, describing land located in Township 51,
Range 24, West of the Fourth Meridian, is amended by striking out
Sections 29 & 30 Plan 882 2409 showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor;
EXCEPTING
THEREOUT
Plan 932
Plan 4637
E.O.
Plan 1136
H.W.
Plan 942
and substituting
Sections 29 & 30 Plan 882 2409 showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor;
All the
area within LSDs 14, 15 and 16 of
section 29; north of Plan 882 2409,
including Blocks A and B of Plan 5306 K.S.;
EXCEPTING
THEREOUT
Plan 932
Plan 4637
E.O.
Plan 1136
H.W.
Plan 942
------------------------------
Alberta Regulation 106/98
Dental Mechanics Act
REGULATIONS UNDER THE CERTIFIED DENTAL MECHANICS
ACT AMENDMENT REGULATION
Filed: June 3, 1998
Approved by the Lieutenant Governor in Council (O.C. 227/98) pursuant to
section 17 of the Dental Mechanics Act.
1 The Regulations under the Certified Dental Mechanics Act (AR 315/69)
are amended by this Regulation.
2 The title is repealed and the following is substituted:
DENTAL MECHANICS REGULATION
Section 2 is repealed and the following is substituted:
2 A person is eligible to take an examination for a certificate of
proficiency if the person
(
a) is free of disabilities that would, in the opinion
of the Board, be detrimental to the work of a certified dental mechanic,
(
b) is of good moral character,
(
c) holds a student certificate issued by the Board,
(
d) has successfully completed the program of studies
and training for student dental mechanics as prescribed by the Board, and
(
e) has completed at least 2 years of supervised
employment acceptable to the Board as a student dental mechanic.
Section 7(1) is amended by striking out "pursuant to
section 20, clause
(e)," and substituting "pursuant to
section 18(e)".
5 The following is added after
section 8:
8.1 A certificate of proficiency shall not be renewed unless the
applicant
(
a) is carrying professional liability insurance with
an insurer acceptable to the Board that provides at least the minimum
coverage required by the Board, and
(
b) has complied with the continuing education
requirements of
section 19.2.
Section 16 is amended
(
a) by repealing clause (
a) and substituting the following:
(
a) section 20 or 23(1) of the Act,
(
b) in clause (
b) by striking out "these Regulations" and
substituting "this Regulation".
Section 17 is amended
(
a) by repealing subsections (2), (2.1) and (2.2) and substituting
the following:
(2) After receiving a complaint against a certified dental
mechanic, the chairman shall appoint an investigator to conduct a
preliminary investigation into the complaint to determine if the complaint
is trivial or vexatious or if the complaint can be resolved without a
hearing.
(2.1) The preliminary investigation must be started by the
investigator within 2 weeks of the chairman's receiving the complaint.
(2.2) The investigator shall provide a report of the
preliminary investigation to the chairman.
(2.3) The chairman shall, within 4 weeks of receiving the
report, consider the complaint and the report and
(
a) if the complaint has been resolved or withdrawn or
if the chairman is of the opinion that the complaint is trivial or
vexatious, direct that no further action be taken with respect to the
complaint, or
(
b) in any other case, direct that the Board hold a
hearing in respect of the complaint.
(2.4) The chairman's duties under subsections (2) to (2.3) do
not affect the chairman's right to chair and vote at hearings in respect of
a complaint.
(
b) by adding the following after subsection (6):
(6.1) The investigator's report of the preliminary
investigation in respect of a complaint is inadmissible at a hearing in
respect of that complaint.
8 The following is added after
section 19:
General Requirements for
Certified Dental Mechanics
19.1 Every certified dental mechanic shall carry with an insurer
acceptable to the Board professional liability insurance that provides at
least the minimum coverage required by the Board.
19.2(1) Every certified dental mechanic shall take, during the
5-year period immediately preceding the renewal of the dental mechanic's
certificate of proficiency, a minimum of 100 hours of continuing education
approved by the Board.
(2) This
section applies only to persons who have been certified
dental mechanics for 60 or more months and it applies to those persons each
time their certificate of proficiency is renewed.
(3) This
section does not apply to a person who is a certified
dental mechanic on the coming into force of this
section until the dental
mechanic's certificate of proficiency is renewed for the 2002 calendar
year.
Section 23(2) is amended by striking out "these Regulations" and
substituting "this Regulation".
10 Sections 29 and 30.1 are repealed.
Section 31 is amended by striking out "O.C. 192/75" and substituting
"O.C. 146/98".
Alberta Regulation 107/98
Podiatry Act
DRUGS, CHEMICALS AND COMPOUNDS AMENDMENT REGULATION
Filed: June 3, 1998
Made by the Lieutenant Governor in Council (O.C. 228/98) pursuant to
section 11 of the Podiatry Act.
1 The Drugs, Chemicals and Compounds Regulation (AR 81/78) is amended by
this Regulation.
2 The following is added after
section 3:
3.1(1) A podiatrist who received a certificate of approval for
registration within the 5 years immediately preceding the coming into force
of this Regulation may purchase, in addition to the drugs, chemicals and
compounds authorized under sections 1 to 3 of this Regulation, those drugs
referred to in the Schedules to the Pharmaceutical Profession Act.
(2) A podiatrist who received a certificate of approval for
registration earlier than 5 years before the coming into force of this
Regulation may purchase, in addition to the drugs, chemicals and compounds
authorized under sections 1 to 3 of this Regulation, those drugs referred
to in the Schedules to the Pharmaceutical Profession Act, on the completion
of an upgrading program approved by the Board of Examiners in Podiatry.
(3) A podiatrist who is authorized under this
section to purchase
drugs may supply those drugs only to patients of the podiatrist.
------------------------------
Alberta Regulation 108/98
Marketing of Agricultural Products Act
ALBERTA CANOLA PRODUCERS MARKETING PLAN REGULATION
Filed: June 3, 1998
Made by the Lieutenant Governor in Council (O.C. 229/98) pursuant to
section 23 of the Marketing of Agricultural Products Act.
Table of Contents
Definitions 1
Designation of agricultural product 2
Part 1
General Operation of Plan
Division 1
Plan
Plan continued 3
Termination of Plan 4
Application of Plan 5
Purposes of Plan 6
Division 2
Operation of Plan by Commission
Commission continued 7
Functions of Commission 8
Operation of Plan re regulations 9
Financing of Plan 10
Service charges refundable 11
Collection of service charge 12
Indemnification fund, etc. 13
Auditor 14
Honorary memberships, etc. 15
Part 2
Governance of Plan
Division 1
Eligible Producers
Eligible producers 16
General rights of eligible producers 17
Eligible producers who are individuals 18
Eligible producers that are not individuals 19
Division 2
Regions
Regions 20
Regions set out in
Schedule 21
Division 3
General Meetings of Eligible Procedures
Annual region meeting 22
Annual Commission meeting 23
Special Commission meeting 24
Calling of meetings 25
Quorum 26
Division 4
Directors
Board of Directors 27
Responsibilities of the Board of Directors 28
Chair, etc. 29
Term of office 30
Removal from office 31
Election of directors 32
Failure to elect by mail ballot 33
Eligibility re director 34
Adjunct director 35
Quorum 36
Part 3
Voting and Elections
Eligibility to vote 37
Producers who are individuals 38
Producers that are not individuals 39
Returning officer 40
Controverted election 41
Part 4
Transitional Provision, Review and Repeal
Transitional re directors, etc. 42
Review 43
Repeal 44
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "annual Commission meeting" means an annual general meeting of
the directors and the eligible producers;
(c) "annual region meeting" means an annual general meeting of the
eligible producers who carry out production of the regulated product within
the region;
(d) "canola" means
(
i) those oilseeds defined as canola, rapeseed or
oilseed rape of the Brassica family as used in the Seeds Act (Canada), and
(ii) any additional related oilseeds as may be
designated as canola by the Commission with the prior approval of the
Council;
(e) "Commission" means the Alberta Canola Producers Commission;
(f) "Council" means the Alberta Agricultural Products Marketing
Council;
(g) "crop year" means a 12-month period commencing on August 1 and
terminating on the following July 31;
(h) "dealer" means a person purchasing or acquiring regulated
product from a producer and includes, but is not limited to,
(
i) persons who are elevator or grain companies, grain
dealers or canola crushers, and
(ii) persons who acquire regulated product from the
producer for sale on the producer's behalf;
(i) "directors" means the directors of the Commission;
(j) "eligible producer" means a producer who qualifies as an
eligible producer under
section 16;
(k) "marketing"
(
i) means buying, owning, selling, offering for sale,
storing, grading, assembling, packing, transporting, advertising or
financing, and
(ii) includes any other function or activity designated
as marketing by the Lieutenant Governor in Council;
(l) "person" means a person as defined in the
Interpretation Act
and includes
(
i) a partnership as defined in the Partnership Act,
(ii) any unincorporated organization that is not a
partnership referred to in subclause (i), and
(iii) any group of individuals who are carrying on an
activity for a common purpose and are neither a partnership referred to in
subclause (
i) nor an unincorporated organization referred to in subclause
(ii);
(m) "producer" means a person who
(
i) grows canola for sale on one or more parcels of
land in Alberta, or
(ii) is entitled to a share of the canola grown on any
land pursuant to a crop share arrangement;
(n) "regulated product" means canola;
(o) "special Commission meeting" means a special general meeting of
the directors and the eligible producers.
Designation of agricultural product
2 Canola is designated as an agricultural product for the purposes of the
Act.
PART I
GENERAL OPERATION OF PLAN
Division 1
Plan
Plan continued
3 The Alberta Canola Producers Marketing Plan established under Alberta
Regulation 158/89 is hereby amended, revised and continued under this
Regulation with the name "Alberta Canola Producers Marketing Plan".
Termination of Plan
4 This Plan does not terminate at the conclusion of a specific period of
time and shall remain in force unless otherwise terminated pursuant to the
Act.
Application of Plan
5 This Plan applies
(
a) to producers in Alberta who produce or market the regulated
product, and
(
b) for the purposes of sections 9(a), (b), (
c) and (
f) and 12, to
dealers and any other persons who are not producers and who market or
process the regulated product.
Purposes of Plan
6(1) The purposes of this Plan are to do the following:
(
a) to initiate and carry out projects or programs related to
research and studies with respect to the production, handling, marketing
and processing of canola, including research and studies concerning the
development and use of canola products;
(
b) to assist, educate and inform producers, dealers and processors
in developing and improving methods regarding the production, processing
and marketing of canola;
(
c) to initiate and carry out projects or programs related to the
market development of canola and canola products;
(
d) generally to assist in the development and promotion of the
canola industry in Alberta, including the development and promotion of
markets for canola and canola products;
(
e) to advise governments on matters concerning the canola
industry;
of Alberta with respect to the maintenance of the quality standards of the
regulated product;
(
g) generally to co-operate with any organizations that carry out
activities that are of interest to the canola industry;
(
h) to participate in programs under the Agricultural Marketing
Programs Act (Canada);
(
i) generally to initiate and carry out projects and programs to
stimulate, increase or improve the production or marketing, or both, of the
regulated product within Alberta.
(2) Under this Plan neither the production nor the marketing of the
regulated product shall be controlled or regulated.
Division 2
Operation of Plan by Commission
Commission continued
7 The Alberta Canola Producers Commission is hereby continued.
Functions of Commission
8 The Commission
(
a) shall be responsible for the operation, regulation, supervision
and enforcement of this Plan;
(
b) shall
(
i) open and maintain one or more accounts in a bank,
trust company, credit union, Treasury Branch or other depository, and
(ii) designate such officers, employees and other
persons as are necessary to sign cheques and transact the Commission's
business with its bank, trust company, credit union, Treasury Branch or
other depository;
(
c) may
(
i) enter into an operating line of credit or other
loan agreement with its bank, trust company, credit union, Treasury Branch
or other lending institution, and
(ii) designate such officers, employees and other
persons as are necessary to transact the Commission's business;
(
d) shall cause such books and records, including financial
records, to be maintained
(
i) as from time to time may be required under the Act,
the regulations or by virtue of any order of the Council, or
(ii) as may be determined by the Commission;
(
e) shall maintain an office, the location of which shall at all
times be made known to each eligible producer;
(
f) may appoint officers, employees and agents, prescribe their
duties and fix and pay their remuneration;
(
g) may issue such general orders governing its internal operation
as it may from time to time determine, subject always to the Act, the
regulations and any orders of the Council;
(
h) may become a member of any agricultural organization;
(
i) may contribute funds to any agricultural organization having
objectives similar to those of the Commission;
(
j) may, in accordance with
section 50 of the Act, be authorized to
perform any function or duty and exercise any power imposed or conferred on
the Commission by or under the Agricultural Marketing Programs Act
(Canada).
Operation of Plan re regulations
9 For the purposes of enabling the Commission to operate the Plan, the
Commission may be authorized by the Council to make regulations
(
a) requiring any person who produces, markets or processes a
regulated product to furnish to the Commission any information or record
relating to the production, marketing or processing of the regulated
product that the Commission considers necessary;
(
b) requiring persons other than producers to be licensed under
this Plan before they become engaged in the marketing and processing, or
either of those functions, of a regulated product;
(
c) governing the issuance, suspension or cancellation of a licence
issued under this Plan;
(
d) providing for
(
i) the assessment, charging and collection of service
charges from producers from time to time for the purposes of the Plan, and
(ii) the taking of legal action to enforce payment of
the service charges;
(
e) providing for the refund of service charges;
(
f) requiring any person who receives a 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 or other
money payable to or received by the Commission for the purpose of paying
its expenses and administering this Plan and the regulations made by the
Commission.
Financing of Plan
10 In accordance with the regulations,
(
a) this Plan shall be financed by the charging and collection of
service charges from producers;
(
b) every producer engaged in production of the regulated product
shall pay a service charge on each metric tonne, or part thereof, of
regulated product sold by the producer;
(
c) the amount of the service charge shall initially be established
by the Commission and approved by the Council;
(
d) the Commission may, from time to time, change the amount of the
service charge, but the change shall not be effective until it has been
approved by the eligible producers at an annual Commission meeting or a
special Commission meeting.
Service charges refundable
11(1) In accordance with the regulations,
(
a) the service charge shall be refundable to a producer on request
of the producer;
(
b) the request for a refund of the service charge shall
(
i) be made in writing on a form established by the
Commission, and
(ii) contain the following information:
(
A) the producer's name;
(
B) the producer's mailing address and
telephone number;
(
C) the producer's identification number,
if available;
(
D) the quantity of regulated product sold;
(
E) the name and address of any dealer who
collected the service charge on behalf of the producer;
(
F) any specifics of the refund request;
(
c) requests for refunds must be received by the Commission at its
head office
(
i) prior to the end of August, for service charges
collected during the period commencing on the previous February 1 and
ending on July 31, and
(ii) prior to the end of February, for service charges
collected during the period commencing on the previous August 1 and ending
on January 31;
(
d) any request for a refund that is not received by the Commission
within the time periods specified under clause (
c) shall not be considered
by the Commission and the producer will not be entitled to a refund in
respect of which the request was made;
(
e) notwithstanding clause (d), the Commission may, if it is
satisfied that extenuating circumstances exist that warrant its doing so,
consider an application for a refund that is received after the applicable
time period referred to in clause (c);
(
f) the Commission shall refund the service charge to the producer
(
i) within 90 days after the end of the period to which
the request for the refund relates, in a case where the request is received
in accordance with clause (c), and
(ii) within 90 days after receipt of the request for the
refund, in a case where the request is received and considered under clause
(e).
(2) In the event that within one crop year
(
a) the eligible producers requesting a refund of the service
charges comprise more than 35% of the existing eligible producers, and
(
b) those eligible producers requesting a refund account for at
least 35% of the service charges collected during the current crop year,
the continued operation of this Plan shall be subject to approval by a
majority of producers at a plebiscite to be held under the direction of the
Council pursuant to the Act.
(3) The Commission shall, within 90 days following the end of a crop year,
report to the Council the refunds made under this
section for that crop
year.
Collection of service charge
12 In accordance with the regulations,
(
a) all dealers who
(
i) purchase regulated product from a producer, or
(ii) acquire regulated product from a producer for sale
on the producer's behalf
shall deduct from any proceeds payable to or on behalf of the
producer the amount of the service charge;
(
b) any person who receives proceeds on behalf of the producer in
respect of the sale by the producer of the regulated product shall deduct
from the proceeds payable to or on behalf of the producer the amount of the
service charge;
(
c) any person who collects a service charge shall pay the amount
of the service charge to the Commission;
(
d) all persons required under this Plan to collect and pay to the
Commission the service charge payable by a producer shall
(
i) pay the service charge to the Commission, and
(ii) provide to the Commission, for each producer, a
summary detailing
(
A) the amount of regulated product
obtained from the producer,
(
B) the amount of service charge being paid
on behalf of the producer, and
(
C) the name and address of the producer.
Indemnifica-tion fund, etc.
13(1) The Commission may under
section 34 of the Act establish, maintain
and operate one or more funds that may be used to indemnify or protect
producers against financial loss suffered by them or on their behalf in the
production or marketing, or both, of the regulated product.
(2) The Commission may finance a fund referred to in subsection (1) in
accordance with
section 34 of the Act.
(3) The Commission shall not operate a fund under
section 35 of the Act.
Auditor
14 The auditor for the Commission shall be appointed from time to time at
an annual Commission meeting or a special Commission meeting.
Honorary memberships, etc.
15 The Commission may establish non-voting associate, industry, affiliate
or honorary memberships under this Plan to provide interested individuals
or organizations with the opportunity to contribute to the efforts of the
Commission.
PART 2
GOVERNANCE OF PLAN
Division 1
Eligible Producers
Eligible producers
16 For the purposes of this Plan,
(
a) any producer who has paid a service charge under this Plan in a
crop year is an eligible producer for that crop year;
(
b) the Commission shall maintain a list of eligible producers;
(
c) all producers who can be identified by the Commission as having
paid a service charge under this Plan during a crop year shall be included
on the list of eligible producers for that crop year;
(
d) any producer who is not listed on the Commission's list of
eligible producers shall be added to the list where the producer can
provide proof to the Commission that the producer has paid a service charge
under this Plan in the crop year for which the application is made;
(
e) once a producer is listed with the Commission as an eligible
producer, the producer shall continue to be recognized as an eligible
producer from crop year to crop year, unless the eligible producer ceases
to pay a service charge under this Plan in 2 subsequent crop years, in
which case the producer shall cease to be an eligible producer;
(
f) where a producer ceases to be an eligible producer under clause
(e), the producer is entitled to again become an eligible producer for any
crop year in which the producer pays a service charge under this Plan.
General rights of eligible producers
17 In accordance with this Plan, an eligible producer is entitled, as a
matter of right,
(
a) to attend annual region meetings, annual Commission meetings
and special Commission meetings;
(
b) to make representations on any matter pertaining to this Plan,
the Commission and the Board of Directors;
(
c) to vote on any matter under this Plan;
(
d) to vote in any election for directors;
(
e) to hold office as a director;
(
f) to vote in any plebiscites of producers held under the Act.
Eligible producers who are individuals
18 Where an eligible producer is an individual, that individual may,
subject to this Plan, exercise the rights of an eligible producer referred
to in
section 17.
Eligible producers that are not individuals
19(1) Where an eligible producer is not an individual, that eligible
producer may, only in accordance with this section, exercise the rights of
an eligible producer referred to in
section 17.
(2) An eligible producer to which this
section applies shall appoint an
individual to be the representative of the eligible producer.
(3) A representative appointed by an eligible producer under this
section
shall, subject to this Plan, exercise on behalf of the eligible producer
the rights referred to in
section 17.
(4) If an eligible producer is
(
a) a corporation, it shall appoint an individual who is a
director, shareholder, member, officer or employee of the corporation as
its representative,
(
b) a partnership, it shall appoint an individual who is a partner
or employee of the partnership as its representative, or
(
c) an organization, other than a corporation or a partnership, it
shall appoint an individual who is a member, officer or employee of the
organization as its representative.
(5) An appointment of a representative under this
section shall be
(
a) in writing, and
(
b) in the case where a vote is to be taken at a meeting, filed
with the returning officer prior to the calling to order of the meeting at
which a vote is to take place.
(6) An individual who is the representative of an eligible producer shall
not cast a vote under this Plan unless
(
a) the individual presents a document signed by the eligible
producer indicating the name of the person who may vote for the eligible
producer, or
(
b) the individual makes a statutory declaration in writing stating
that
(
i) the individual is a representative of the eligible
producer, and
(ii) the individual has not previously voted in the
election or on the matter in respect of which the individual wishes to cast
a vote.
(7) A statutory declaration made under subsection (6)(b)(ii) shall be made
in writing before the returning officer or the deputy returning officer
prior to the vote being cast.
(8) An individual cannot at any one time be a representative under this
section for more than one eligible producer.
(9) A representative shall not vote or hold office before the
representative's appointment is filled in accordance with subsection (5).
Division 2
Regions
Regions
20 For the purposes of this Plan, Alberta is divided into 12 regions.
Regions set out in
Schedule
21 The area included in each region is as set out in the
Schedule to this
Plan.
Division 3
General Meetings of Eligible Producers
Annual region meeting
22(1) An annual region meeting shall be held for the purposes of providing
to the eligible producers in a region
(
a) information with respect to the Commission, and
(
b) an opportunity to provide to the Board of Directors suggestions
and recommendations.
(2) The annual region meeting shall
(
a) be organized by the Commission,
(
b) be financed by the Commission, and
(
c) be held not more than 120 days or less than 30 days prior to
the commencement of the annual Commission meeting.
Annual Commission meeting
23 An annual Commission meeting shall be held
(
a) once in each year, and
(
b) within 13 months following the date of the commencement of the
last annual Commission meeting.
Special Commission meeting
24 The Commission shall hold a special Commission meeting
(
a) when requested to do so by the Council, or
(
b) on the written request of not less than 10% of the registered
producers.
Calling of meetings
25(1) The Commission shall set the time, place and date of any annual
region meeting, annual Commission meeting or special Commission meeting.
(2) The Commission shall,
(
a) in the case of an annual Commission meeting, notify the
eligible producers of the annual Commission meeting at least 21 days before
that meeting is to be held;
(
b) in the case of an annual region meeting, notify the eligible
producers in the region of the annual regional meeting at least 21 days
before that meeting is to be held;
(
c) in the case of a special Commission meeting, notify the
eligible producers of the special Commission meeting at least 21 days
before that meeting is to be held.
(3) Any notice of a meeting shall set forth the time, place, date and
purpose of the meeting.
(4) Where the Commission provides a notice under this section, the
Commission may do so in any form or manner that the Commission considers
appropriate in the circumstances.
Quorum
26 The quorum necessary for the conduct of business is,
(
a) in the case of an annual Commission meeting or special
Commission meeting, 50 eligible producers;
(
b) in the case of an annual region meeting, 10 eligible producers
from the region.
Division 4
Directors
Board of Directors
27 The Commission shall have a Board of Directors consisting of 12
eligible producer directors, with one director being elected from each of
the regions to represent the region from which the director is elected.
Responsibi-lities of the Board of Directors
28(1) The responsibilities of the Commission, the authority delegated to
the Commission by the Council and the direction, administration and
management of the Commission's work, business and affairs, including the
control and management of all the assets owned, held or acquired by the
Commission, are vested in the Board of Directors.
(2) The Board of Directors has the power to do all things necessary to
carry out the purposes of this Plan and the responsibilities and authority
of the Commission.
(3) The Board of Directors may authorize any person, entity or committee
to exercise any of the powers of the Board of Directors as set forth in
this Plan or otherwise.
(4) Where a person, entity or committee is authorized under subsection
(3) to exercise any power of the Board of Directors,
(
a) that person, entity or committee shall report back to the Board
of Directors with respect to the exercise of that power, and
(
b) the Board of Directors shall retain a supervisory function to
oversee the actions of that person, entity or committee in the exercise of
that power.
Chair, etc.
29(1) Following the annual Commission meeting in each year, the directors
shall elect from among the directors the officers of the Board of
Directors, including a chair and a vice-chair of the Board of Directors.
(2) The remuneration to be paid to the directors and officers of the Board
of Directors may be fixed from time to time by the Board of Directors.
Term of office
30(1) The directors shall hold office for 3 years.
(2) The term of office of a director shall
(
a) commence on the conclusion of the annual general meeting that
takes place following the director's election, and
(
b) expire on the conclusion of the annual general meeting that
takes place in the year that the director's term of office is to expire.
Removal from office
31(1) An individual ceases to be a director if that individual
(
a) resigns from the position of director;
(
b) ceases to be an eligible producer;
(
c) in the case of the individual being the representative of an
eligible producer under
section 19, ceases to be the representative of the
eligible producer;
(
d) is absent from 3 consecutive meetings of the Board of Directors
without reasons that the Board of Directors considers adequate.
(2) Where a vacancy occurs on the Board of Directors under this section,
the Board of Directors may, with the approval of the Council, appoint an
individual to fill the position from among the eligible producers who are
eligible to be elected.
(3) Where an individual is appointed as a director under subsection (2),
that director shall serve for the unexpired portion of the term.
Election of directors
32(1) Subject to this Plan, in each year directors from 4 of the 12
regions shall be elected to the Board of Directors.
(2) The Commission shall solicit nominations for the position of director
for each region from which a director is required to be elected as follows:
(
a) by publishing a notice in at least one newspaper having a
general circulation in the region in which an election of a director is
required;
(
b) by issuing such other means of notice as the Commission may
determine.
(3) Nominations for the position of director must be
(
a) filed at the Commission's head office in writing by a date
fixed by the Commission,
(
b) signed by at least 10 eligible producers from the region in
which the election is to be held, and
(
c) accompanied by the written consent of the eligible producer
nominated as a director.
(4) The election of a director to represent a region shall be carried out
by mail ballots that shall be made available to each eligible producer in
the region.
(5) The mail ballot, designed for a secret vote, must be mailed to each of
the eligible producers in the region at least 30 days prior to the ballot
closing date fixed by the Commission.
(6) The ballot closing date shall
(
a) be fixed by the Commission, and
(
b) be a date that is within 42 days immediately preceding the
annual meeting.
Failure to elect by mail ballot
33 If the eligible producers in a region fail to elect a director by a
mail ballot, the election of a director from that region may be carried out
at the next annual Commission meeting that is held after the time at which
election by a mail ballot was to have been held.
Eligibility re director
34(1) To be eligible for election as a director to represent a region, an
eligible producer must carry on production in that region.
(2) An eligible producer shall not serve as a director for more than 2
consecutive 3-year terms.
(3) Notwithstanding subsection (2), an eligible producer who was a
director is once again eligible to be elected as a director if 3 years have
elapsed since that eligible producer's term concluded.
Adjunct director
35(1) Notwithstanding anything in this Division, the Board of Directors
may appoint a director whose term is expiring and who is not standing for
re-election as a director to serve as an adjunct director on the Board of
Directors for the purpose of allowing that director to represent the
Commission in respect of an organization with which the Commission is
involved.
(2) An adjunct director is not eligible to vote on any matter put to the
question at a meeting of the Board of Directors.
(3) At any one time there shall not be more than one adjunct director on
the Board of Directors.
(4) Where an adjunct director is appointed, the Board of Directors may
(
a) prescribe the duties of and the term of office for the adjunct
director, and
(
b) at any time terminate the appointment of an adjunct director.
(5) Notwithstanding
section 27, where an adjunct director is appointed,
that director's position on the Board of Directors is in addition to the
positions of the directors who are elected or appointed to sit on the Board
of Directors under this Division.
Quorum
36(1) The quorum necessary for the conduct of business at a meeting of the
Board of Directors is a majority of the directors holding office at the
time.
(2) In determining a quorum under subsection (1), vacant positions on the
Board of Directors shall not be considered.
PART 3
VOTING AND ELECTIONS
Eligibility to vote
37(1) An eligible producer is eligible to vote on any question put to a
vote at an annual Commission meeting or a special Commission meeting if the
eligible producer is present at the meeting at which the vote is held.
(2) An eligible producer is eligible to vote on any question put to a vote
at an annual region meeting if the eligible producer
(
a) carries on production in the region, and
(
b) is present at the meeting at which the vote is held.
(3) An eligible producer is eligible to vote in an election for a director
(
a) if the eligible producer carries on production in the region in
respect of which the election is being held, and
(
b) in the case of an election that takes place at an annual
Commission meeting under
section 33, if the eligible producer is present at
the meeting.
(4) An eligible producer may vote once on each matter, notwithstanding
that the eligible producer may manage or operate or own, lease or hold
equity in 2 or more operations.
Producers who are individuals
38 An individual who is an eligible producer may only cast a vote under
this Plan if that individual's name appears on the current list of eligible
producers.
Producers that are not individuals
39 An eligible producer that is not an individual may only cast a vote
under this plan if that producer's name appears on the current list of
eligible producers.
Returning officer
40(1) The Commission shall appoint a returning officer for the purposes of
and in connection with any election or vote taken under this Plan.
(2) The returning officer may appoint individuals as deputy returning
officers to assist in the conduct of elections and votes under this Plan.
(3) The returning officer shall
(
a) compile and maintain a voters list of eligible producers who
are entitled to vote under this Plan,
(
b) ensure that a person does not cast a vote, except in accordance
with this Plan, and
(
c) permit scrutiny of the actions of the returning officer and the
deputy returning officers by a scrutineer in respect of the conduct of a
vote taken under this Plan.
(4) Unless otherwise directed by the Council, no person shall destroy any
records or ballots in respect of a vote or election held under this Plan
until 90 days have elapsed from the day on which the vote was taken.
Controverted election
41(1) If an eligible producer
(
a) questions
(
i) the eligibility of a candidate,
(ii) the eligibility of a voter,
(iii) any matter relating to a ballot or the tabulation
of ballots, or
(iv) any other irregularity with respect to the conduct
of an election,
and
(
b) seeks to have the election declared invalid and the position
declared vacant,
the eligible producer shall, not later than 15 days after the day on which
the election was held, apply in writing to the Council to have the election
declared invalid and the position declared vacant.
(2) If, within the 15-day period referred to in subsection (1), the
Council has not received an application under subsection (1), a person
elected at that election is deemed to be duly elected.
(3) 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 the Council,
(
i) the basis for the application did not materially
affect the result of the election, and
(ii) the election was conducted substantially in
accordance with this Plan and the Act,
(
c) declare the election to be void and the position vacant, if, in
the opinion of the Council, there is a basis for the application and the
basis is sufficient to, or did, affect the result of the election.
(4) Notwithstanding that an election is declared void and a position is
declared vacant under subsection (3)(c), the term of office of the position
declared vacant is nevertheless deemed to have commenced on the day that
the voided election was held.
(5) If the Council declares an election to be void and the position
vacant, the Council may
(
a) order that, within the time that the Council considers proper,
a special Commission meeting be held and an election be conducted to fill
the vacant position, or
(
b) appoint from among the eligible producers who are eligible to
be elected to the position, an individual to fill the vacant position.
(6) Where a person fills a position under subsection (5), that person
shall serve for the unexpired portion of the term.
PART 4
TRANSITIONAL PROVISION, REVIEW AND REPEAL
Transitional re directors, etc.
42 The directors of the Commission who held office immediately before the
coming into force of this Regulation shall continue to hold office until
their terms of office expire, or their successors to the positions are
sooner elected or they are replaced under this Regulation.
Review
43 In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before February 28, 2003.
Repeal
44 The Alberta Canola Producers Marketing Plan Regulation (AR 158/89) is
repealed.
SCHEDULE
REGIONS
1 Region 1 is made up of the area that is included in the following:
(
a) M.D. of Clear Hills No. 21;
(
b) M.D. of Northern Lights No. 22;
(
c) M.D. of Mackenzie No. 23;
(
d) M.D. of Peace No. 135;
(
e) M.D. of Fairview No. 136;
(
f) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (e).
2 Region 2 is made up of the area that is included in the following:
(
a) County of Grande Prairie No. 1;
(
b) M.D. of Greenview No. 16;
(
c) M.D. of Birch Hills No. 19;
(
d) M.D. of Saddle Hills No. 20;
(
e) M.D. of Spirit River No. 133;
(
f) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (e).
3 Region 3 is made up of the area that is included in the following:
(
a) M.D. of Opportunity No. 17;
(
b) M.D. of Lesser Slave River No. 124;
(
c) M.D. of Smoky River No. 130;
(
d) M.D. of East Peace No. 131;
(
e) M.D. of Big Lakes;
(
f) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (e).
4 Region 4 is made up of the area that is included in the following:
(
a) County of Beaver No. 9;
(
b) Strathcona County;
(
c) County of Two Hills No. 21 west of secondary highway No. 881;
(
d) County of Minburn No. 27 west of secondary highway No. 881;
(
e) County of Lamont No. 30;
(
f) I.D. No. 13;
(
g) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (f).
5 Region 5 is made up of the area that is included in the following:
(
a) County of Thorhild No. 7;
(
b) County of Barrhead No. 11;
(
c) County of Athabasca No. 12;
(
d) County of Smoky Lake No. 13;
(
e) M.D. of Woodlands No. 15;
(
f) Sturgeon County;
(
g) M.D. of Westlock No. 92;
(
h) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (g).
6 Region 6 is made up of the area that is included in the following:
(
a) County of Leduc No. 25;
(
b) Parkland County;
(
c) Lac Ste. Anne County;
(
d) M.D. of Brazeau No. 77;
(
e) M.D. of Yellowhead No. 94;
(
f) City of Edmonton;
(
g) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (e).
7 Region 7 is made up of the area that is included in the following:
(
a) County of Ponoka No. 3;
(
b) County of Wetaskiwin No. 10;
(
c) Lacombe County;
(
d) County of Red Deer No. 23;
(
e) M.D. of Clearwater No. 99;
(
f) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (e).
8 Region 8 is made up of the area that is included in the following:
(
a) Wheatland County;
(
b) Mountain View County;
(
c) that area of the Municipality of Drumheller that lies west of
the Red Deer River;
(
d) M.D. of Bighorn No. 8;
(
e) M.D. of Foothills No. 31;
(
f) M.D. of Rocky View No. 44;
(
g) M.D. of Kneehill No. 48;
(
h) City of Drumheller;
(
i) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (g).
9 Region 9 is made up of the area that is included in the following:
(
a) County of Vulcan No. 2;
(
b) County of Warner No. 5;
(
c) County of Lethbridge No. 26;
(
d) M.D. of Cardston No. 6;
(
e) M.D. of Pincher Creek No. 9;
(
f) M.D. of Taber No. 14;
(
g) M.D. of Willow Creek No. 26;
(
h) M.D. of Ranchland No. 66;
(
i) Kananaskis Improvement District;
(
j) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (i).
10 Region 10 is made up of the area that is included in the following:
(
a) County of St. Paul No. 19;
(
b) County of Vermilion River No. 24;
(
c) County of Two Hills No. 21 east of secondary highway No. 881;
(
d) County of Minburn No. 27 east of secondary highway No. 881;
(
e) M.D. of Wainwright No. 61;
(
f) M.D. of Bonnyville No. 87;
(
g) Municipality of Wood Buffalo;
(
h) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (g).
11 Region 11 is made up of the area that is included in the following:
(
a) County of Stettler No. 6;
(
b) County of Paintearth No. 18;
(
c) County of Camrose No. 22;
(
d) County of Flagstaff No. 29;
(
e) M.D. of Provost No. 52;
(
f) Special Area No. 4;
(
g) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (f).
12 Region 12 is made up of the area that is included in the following:
(
a) County of Newell No. 4;
(
b) County of Forty Mile No. 8;
(
c) M.D. of Cypress;
(
d) that area of the Municipality of Drumheller that lies east of
the Red Deer River;
(
e) M.D. of Acadia No. 34;
(
f) M.D. of Starland No. 47;
(
g) Special Area No. 2;
(
h) Special Area No. 3;
(
i) any city, town, village or summer village that is encompassed
by the area described in clauses (
a) to (h).
------------------------------
Alberta Regulation 109/98
Meat Inspection Act
MEAT INSPECTION AMENDMENT REGULATION
Filed: June 3, 1998
Made by the Lieutenant Governor in Council (O.C. 230/98) pursuant to
section 11 of the Meat Inspection Act.
1 The Meat Inspection Regulation (AR 51/73) is amended by this
Regulation.
Section 1 is amended
(
a) by striking out "these Regulations" and substituting "this
Regulation";
(
b) by adding the following after clause (e):
(e.1) "equipment" means any utensil, apparatus or surface
that comes in contact with meat in a meat facility;
(
c) in clause (
j) by striking out "these Regulations" and
substituting "this Regulation";
(
d) in clause (
k) by striking out "an abattoir" and substituting "a
meat facility";
(
e) by repealing clauses (
m) and (n);
(
f) by repealing clause (q).
Section 3 is amended
(
a) in subsection (1)(d)
(
i) in subclauses (i), (i.1), (ii) and (iii) by
striking out "plant" wherever it occurs and substituting "meat facility";
(ii) in subclause (iv)
(
A) by striking out "and utensils";
(
B) by striking out "disinfected" and
substituting "sanitized";
(
b) in subsection (2) by striking out "plant" and substituting
"meat facility".
Section 4 is amended
(
a) in subsection (1)
(
i) by striking out "shall form" and substituting "may
form";
(ii) by striking out "to assist him" and substituting
"for assistance";
(iii) by striking out "abattoirs" and substituting "meat
facilities";
(
b) in subsection (4)
(
i) in clause (
a) by striking out "of Animal Health who
will" and substituting "who shall";
(ii) by repealing clause (
b) and substituting the
following:
(
b) individuals that the Director requires,
(iii) by repealing clause (c).
Section 5 is amended
(
a) by repealing subsections (1) and (2) and substituting the
following:
5(1) No person shall operate an abattoir unless the person
holds an abattoir licence issued by the Director under this Regulation.
(2) An application for a licence to engage in the business of
operating an abattoir must be in Form 2 and must be completed to the
satisfaction of the Director.
(
b) by repealing subsection (3)(
b) and substituting the following:
(
b) expire on December 31 following the date of issue,
unless suspended or revoked earlier, and
Section 6 is amended
(
a) by striking out "Minister" and substituting "Director";
(
b) by striking out "abattoir" and substituting "abattoir, except
those animals exempted by
section 3".
Section 7(1) and (2) are amended by striking out "Minister" wherever it
occurs and substituting "Director".
Section 9 is amended by striking out "Minister" and substituting
"Director".
Section 9.1 is amended
(
a) by repealing subsection (1) and substituting the following:
9.1(1) No person shall operate as a mobile butcher unless the
person holds a subsisting mobile butcher licence issued by the Director in
Form 3 under this Regulation.
(
b) by repealing subsection (3)(
b) and substituting the following:
(
b) expire on December 31 following the date of issue,
unless suspended or revoked earlier, and
Section 13(1) and (2) is amended by striking out "an abattoir" and
substituting "a meat facility".
Section 16 is amended
(
a) by striking out "either";
(
b) in clause (
a) by striking out "Minister" and substituting
"Director".
Section 17 is amended
(
a) by repealing clause (
a) and substituting the following:
(
a) by delivering a blow to the head by means of a
mechanical penetrating device,
(
b) by striking out "or" at the end of clauses (
b) and (c);
(
c) in clause (
e) by striking out "Minister" and substituting
"Director".
Section 18 is amended
(
a) in subsection (1) by striking out "Meat Hygiene Branch, Animal
Health Division, Alberta Agriculture" and substituting "Director";
(
b) in subsection (2) by striking out "packing plant" and
substituting "meat facility";
(
c) in subsection (3) by striking out "and equipment layout" and
substituting "equipment layout and product flow".
Section 19 is amended by striking out "packing plant" and substituting
"meat facility".
Section 20 is amended
(
a) by striking out "abattoir" wherever it occurs and substituting
"meat facility";
(
b) in clause (c)(
i) by striking out "500 lux" and substituting
"not less than 220 lux";
(
c) in clause (c)(ii) by striking out "1000 lux" and substituting
"at least 800 lux";
(
d) in clause (
d) by striking out "the plant" and substituting "a
meat facility".
Section 22 is amended
(
a) in subsection (1) by striking out "abattoir" and substituting
"meat facility";
(
b) in subsection (2) by striking out "an abattoir" and
substituting "a meat facility".
Section 23 is amended
(
a) in subsection (1)
(
i) by striking out "abattoir" wherever it occurs and
substituting "meat facility";
(ii) by repealing clause (
b) and substituting the
following:
(
b) on the kill floor and in processing
areas, with a hands-free hot and cold washing station that has paper towels
or air dryers, or both, and operational soap dispensers.
(
b) in subsection (2) by striking out "plant" and substituting
"meat facility".
Section 24 is amended
(
a) in subsection (1) by striking out "and" at the end of clause
(b), adding "and" at the end of clause (
c) and adding the following after
clause (c):
(
d) rooms in which meat is processed.
(
b) in subsection (6)(
c) by striking out "plant" and substituting
"meat facility".
Section 25(2) is amended by striking out "the plant" and substituting
"a meat facility".
Section 29 is repealed.
21 The heading before
section 30 is amended by striking out "Abattoirs"
and substituting "Meat Facilities".
Section 30 is repealed and the following is substituted:
30 No person shall operate a meat facility except in accordance
with the Act and this Regulation.
Section 31 is amended
(
a) by striking out "an abattoir" and substituting "a meat
facility";
(
b) by striking out "the abattoir" and substituting "the meat
facility".
Section 32 is amended by striking out "an abattoir" and substituting
"a meat facility".
Section 33 is amended by striking out "an abattoir" and substituting
"a meat facility".
Section 34 is amended
(
a) in subsection (1) by striking out "abattoir" and substituting
"meat facility";
(
b) in subsection (2)
(
i) by striking out "an abattoir" and substituting "a
meat facility";
(ii) in clause (
b) by adding "and sanitized" after
"cleaned";
(
c) in subsections (3) and (7) by striking out "an abattoir" and
substituting "a meat facility".
Section 35 is amended
(
a) in subsection (1) by adding "of suitable metal, plastic or
fibreglass construction and covered with insect-proof covers and be" after
"shall be";
(
b) in subsection (2)
(
i) by striking out "an abattoir" wherever it occurs
and substituting "a meat facility";
(ii) by striking out "these Regulations" and
substituting "this Regulation".
Section 36 is amended by striking out "the plant" and substituting "a
meat facility".
Section 38 is repealed and the following is substituted:
38 Every operator shall maintain that operator's meat facility free
of flies, rats, mice and other vermin.
Section 39 is amended by striking out "abattoir" wherever it occurs
and substituting "meat facility".
Section 41 is amended
(
a) in subsection (1)
(
i) by striking out "Equipment and utensils" and
substituting "Utensils";
(ii) in clause (
b) by striking out "disinfected" and
substituting "sanitized";
(
b) in subsection (2) by striking out "Utensils that have" and
substituting "Equipment that has".
Section 42(2) is amended by striking out "an abattoir" and
substituting "a meat facility".
Section 46 is repealed and the following is substituted:
46 No person shall take into a meat facility an animal that has
died of natural causes or because of an accident.
Section 47 is amended by striking out "while being held at an
abattoir" and substituting "of natural causes or because of an accident
while being held at a meat facility".
Section 48 is amended by striking out "an abattoir" and substituting
"a meat facility".
Section 49 is amended
(
a) in subsection (1)
(
i) by striking out "an abattoir" and substituting "a
meat facility";
(ii) in clause (
a) by adding "cooled to 40øF or 4øC and
is" after "is";
(
b) in subsection (2) by striking out "an abattoir" and
substituting "a meat facility".
Section 51(1) and (2) are amended by striking out "an abattoir" and
substituting "a meat facility".
Section 53 is amended
(
a) in subsection (1)
(
i) by striking out "abattoir" and substituting "meat
facility";
(ii) by repealing clause (
a) and substituting the
following:
(
a) washing facilities that are equipped
with hands-free hot and cold water and an operational soap dispenser and
waste receptacle;
(
b) in subsection (3) by striking out "abattoir" and substituting
"meat facility".
Section 54 is amended by striking out "rooms and toilet rooms" and
substituting "rooms, toilet rooms and the inspector's office".
Section 60 is amended
(
a) by repealing subsection (1)(
a) and substituting the following:
(
a) a heated, furnished and private office of a minimum
total size of 10 m2 reserved for the use of the inspector;
(
b) by repealing subsection (2).
Section 62 is amended
(
a) in subsection (1)
(
i) by striking out "utensil" and substituting
"surface";
(ii) by striking out "these Regulations" and
substituting "this Regulation";
(
b) in subsection (2) by striking out "yellow";
(
c) in subsections (2), (3) and (4) by striking out "equipment,
utensil or room" wherever it occurs and substituting "equipment or room";
(
d) in subsection (3) by striking out "these Regulations" and
substituting "this Regulation".
Section 64 is amended
(
a) in subsection (2)
(
i) in clause (
a) by striking out "slaughter; and" and
substituting "slaughter,";
(ii) by adding "and" at the end of clause (b);
(iii) and by adding the following after clause (b):
(
c) ensure that evisceration is completed
within 30 minutes of killing.
(
b) by adding the following after subsection (2):
(3) Every Class A or B abattoir licensed under this Regulation
is entitled to inspection service on the days when the service is arranged
by an inspector.
Section 65(
a) is amended by striking out "63; or" and substituting
"63, or".
Section 67(2) is amended by striking out "section 68" and substituting
"sections 69".
Section 87 is amended by striking out "an abattoir" and substituting
"a meat facility".
Section 88 is repealed and the following is substituted:
88 A carcass shall be chilled immediately after inspection to an
internal temperature of 40øF or 4øC and maintained at that temperature
until it is shipped, or as authorized by the Director.
Section 100(1) is amended
(
a) by repealing clause (
c) and substituting the following:
(
c) by burying it in a landfill that is registered with
or approved by a municipality,
(
b) by repealing clause (
e) and substituting the following:
(
e) by incineration.
48 The heading before
section 104 is amended by striking out "Immaturity,
Parturition" and substituting "Immaturity".
Section 104 is amended
(
a) by striking out "emaciated, immature or in a post-parturient
state" and substituting "emaciated or immature";
(
b) by striking out "or" at the end of clause (b)(iv) and (
v) and
by repealing clause (c).
Section 141 is amended
(
a) in clause (
a) by striking out "and" at the end of subclause
(i), adding ", and" at the end of subclause (ii) and adding the following
after subclause (ii):
(iii) thermostatic control and a temperature gauge;
(
b) clause (b)(iii) is repealed and the following is substituted:
(iii) using crushed ice, cause the eviscerated carcasses
to be lowered to a temperature of 40øF or 4øC within one hour;
(
c) in clause (
c) by striking out "45øF" and substituting "40øF or
4øC";
(
d) by repealing clause (
g) and substituting the following:
(
g) a vacuum system for cleaning the interior of
poultry;
(
e) by repealing clause (
m) and substituting the following:
(
m) flow-away troughs of rust-resistant material
impervious to liquids and designed to permit constant flow of water to
permit thorough cleaning;
Section 142 is amended by striking out "45øF" and substituting "40øF
or 4øC".
Section 146 is repealed.
Section 148 is amended
(
a) by repealing subsection (3) and substituting the following:
(3) When an ante-mortem inspection of a bird is made by an
inspector and, in the opinion of the inspector,
(
a) the bird is in a moribund condition, or
(
b) the meat of the bird is not fit for food,
the inspector shall mark the bird as a condemned bird, and it
shall be disposed of in accordance with
section 100.
(
b) by repealing subsection (4).
Section 149 is repealed.
Section 152 is amended
(
a) in subsection (1)
(
i) by repealing clause (
a) and substituting the
following:
(
a) approve the dressed carcass or organs
for food;
(ii) by striking out "or" at the end of clause (b);
(iii) in clause (
c) by striking out "in the case of a
veterinary inspector,";
(
b) by repealing subsections (2) and (3).
Section 155 is amended by adding "an inspector or" after "on
inspection".
Section 163 is amended by striking out "an abattoir" and substituting
"a meat facility".
Section 164(1) is repealed and the following is substituted:
164(1) A mobile butcher must carry out the complete slaughter
procedure, including rendering unconsciousness in accordance with
section
17, bleeding, eviscerating, removal of the head, hide and feet, washing and
trimming of the carcass on a farm premises, unless otherwise approved by
the Director.
59(1) In the following provisions "these Regulations prescribe" is struck
out and "this Regulation prescribes" is substituted:
section 69;
section 70;
section 71;
section 80;
section 81.
(2) In the following provisions "these Regulations" is struck out and
"this Regulation" is substituted:
section 87;
section 147(1);
section 163(1).
(3) Section 131 is amended by striking out "these Regulations provide" and
substituting "this Regulation provides".
(4) In the following provisions "these Regulations" is struck out wherever
it occurs and "this Regulation" is substituted:
section 3(1), (4);
section 12(1);
section 48(b);
section 57;
section 58;
section 59;
section 61.1;
section 83(1)(b);
section 84;
section 100(1);
section 101;
section 108;
section 131;
section 139(1);
section 154.
(5) Section 133(1) is amended by striking out "these regulations" and
substituting "this Regulation".
60 The
Schedule is repealed and the following is substituted:
SCHEDULE
FORM 1
AGRICULTURE, FOOD AND
RURAL DEVELOPMENT
This certifies that the company named below is licenced under
the Alberta Meat Inspection Act
to operate an abattoir in Alberta
Licence to Operate a Meat Facility
Abattoir
Name
Firm Name
Location of abattoir
Abattoir number
Date
Minister of Agriculture, Food and Rural Development
This licence is not transferable.
FORM 2
AGRICULTURE, FOOD AND
RURAL DEVELOPMENT
Application to Operate A Meat Facility
Abattoir
Applicant
By completing this application, you are applying for a licence to operate a
meat facility -- abattoir approved under the Meat Inspection Act.
Name of applicant
Address
Town or city
Postal code Phone number
Information about abattoir
Name under which business is carried on
Owner of abattoir (if partnership, list names of all partners)
Mailing address of abattoir Postal Code
Location of abattoir:
Qtr
Sec
Twp
Rge
W of
Information about slaughter
How many and what kind of animals are slaughtered each week?
Hogs
Cattle
Sheep
What days of the week is slaughter carried out?
Mon
Tue
Wed
Thu
Fri
Sat
Sun
Mail the completed application, with a $100 cheque or money order made
payable to the Provincial Treasurer.
What methods(
s) of stunning are used?
Hogs
Cattle
Sheep
For office use only:
Abattoir number:
Date approved:
If any of these facts change from what is stated above, I will notify
Livestock Marketing Services within 10 days of the date of the changes are
made.
Signature of applicant
Date
FORM 3
AGRICULTURE, FOOD AND
RURAL DEVELOPMENT
This certifies that the company named below is licenced under
the Alberta Meat Inspection Act
to operate as a mobile butcher in Alberta
Licence to Operate a Meat Facility
Mobile Butcher
Name
Firm Name
Location of butcher
Date
Minister of Agriculture, Food and Rural Development
This licence is not transferable.
FORM 4
AGRICULTURE, FOOD AND
RURAL DEVELOPMENT
Application to Operate A Meat Facility
Mobile Butcher
Applicant
By completing this application, you are applying for a licence to operate a
meat facility -- mobile butcher approved under the Meat Inspection Act.
Name of applicant
Address
Town or city
Postal code Phone number
Information about mobile butcher operation
Name under which business is conducted
Owner of mobile operation (if partnership, list names of all partners)
Mailing address of mobile operation
Postal Code Phone number
Location of business:
Legal land location or street address
Information about slaughter
Mail the completed application, with a $100 cheque or money order made
payable to the Provincial Treasurer.
What methods(
s) of stunning are used?
Hogs
Cattle
Sheep
Poultry
For office use only:
Mobile butcher number:
Date approved:
If any of these facts change from what is stated above, I will notify
Livestock Marketing Services within 10 days of the date the changes are
made.
Signature of applicant
Date
------------------------------
Alberta Regulation 110/98
Livestock Industry Diversification Act
LIVESTOCK INDUSTRY DIVERSIFICATION (PRINCIPAL)
AMENDMENT REGULATION
Filed: June 3, 1998
Made by the Lieutenant Governor in Council (O.C. 231/98) pursuant to
section 33 of the Livestock Industry Diversification Act.
1 The Livestock Industry Diversification (Principal) Regulation (AR
255/91) is amended by this Regulation.
Section 1(
b) is amended
(
a) in subclause (iii) by striking out "or";
(
b) in subclause (iv) by adding "or" at the end;
(
c) by adding the following after subclause (iv):
(
v) Cervus elaphus asiaticus (Elk (Altai));
(
d) by striking out "to (iv)" and substituting "to (v)".
------------------------------
Alberta Regulation 111/98
Wildlife Act
WILDLIFE AMENDMENT REGULATION
Filed: June 3, 1998
Made by the Minister of Environmental Protection (M.O. 21/98) pursuant to
section 96 of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.
Section 4 is renumbered as
section 4(1) and the following is added
after subsection (1):
(2) For the purposes of
section 1(1) of the Act and in order to
enable its being declared a game-production animal, the Cervus elaphus
asiaticus [Altai elk)] is hereby prescribed as big game.
------------------------------
Alberta Regulation 112/98
Marketing of Agricultural Products Act
TURKEY PRODUCERS AUTHORIZATION REGULATION
Filed: June 4, 1998
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 Turkey Producers referred to in
section 7 of the Plan;
(c) "Plan" means the Turkey Producers Marketing Plan Regulation (AR
259/97);
(d) "producer" means a producer as defined in the Plan.
(2) Words not defined in this Regulation but that are used in this
Regulation and 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, 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.
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 that the production or marketing, or both, of the
regulated product be conducted pursuant to a quota;
(
b) governing
(
i) the fixing and allotting of quotas,
(ii) the increase or reduction of quotas,
(iii) the cancelling of quotas, and
(iv) the refusal to fix and allot quotas,
to producers for the production or marketing, or both, of the
regulated product on any basis the Board considers appropriate;
(
c) governing the transferability or non-transferability of quotas
and prescribing the conditions and procedures applicable to the transfer of
quotas, if any, that the Board considers appropriate;
(
d) establishing
(
i) a formula for determining the amount or number of
regulated product deemed to have been produced or marketed by a producer,
and
(ii) the period of time in respect of which the formula
is to be applied,
for the purpose of determining the amount of regulated product
produced or marketed by a producer during a period of time;
(
e) providing for
(
i) the assessment, charging and collection of a levy
from any producer whose production or marketing, or both, of the regulated
product is in excess of the quota that has been fixed and allotted to that
producer, and
(ii) the taking of legal action to enforce payment of
the levy;
(
f) requiring any person who provides an agricultural product to a
producer under the Plan to furnish to the Board any information requested
by the Board;
(
g) determining the quantity of each class, variety, size, grade
and kind of the regulated product that shall be produced or marketed, or
both, by each producer;
(
h) directing, controlling or prohibiting, as the case may be, the
production or marketing, or both, of the regulated product or any class,
variety, size, grade or kind of the regulated product in a manner that the
Board considers appropriate;
(
i) regulating and controlling the production or marketing, or
both, of the regulated product, including the times and places at which the
regulated product may be produced or marketed;
(
j) determining from time to time the minimum price or prices that
shall be paid to producers for the regulated product or any class, variety,
size, grade or kind of the regulated product and determining different
prices for different parts of Alberta;
(
k) 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;
(
l) 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;
(
m) 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;
(
n) prohibiting any person from purchasing or otherwise acquiring
from a producer any regulated product 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;
(
o) 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.
Repeal
4 The Turkey Growers Marketing Board Authorization Regulation (AR 399/88)
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 repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.
------------------------------
Alberta Regulation 113/98
Marketing of Agricultural Products Act
TURKEY MARKETING REGULATION
Filed: June 12, 1998
Made by the Alberta Turkey Producers pursuant to sections 26 and 27 of the
Marketing of Agricultural Products Act.
Table of Contents
Definitions 1
Powers of the Board 2
Licence 3
Application for licence 4
Issue, renewal or refusal of licence 5
Suspension or cancellation of licence 6
Duty to keep records 7
Duty to provide forms to Board 8
Deemed production, etc. 9
Service charge 10
Use of money 11
Quota 12
Base quota to non-producers 13
Transfer, etc. of quota 14
Lease of production facility 15
Lease of quota 16
Disposition of production facility 17
Transfer of base quota without production facilities 18
Assignment of quota 19
Reduction or cancellation of base quota 20
Financial interest in production facility 21
Authority of Board 22
Permit 23
Marketing contraventions 24
Exports 25
Marketing as an exempted person 26
General prohibitions 27
Quota continued 28
Licence continued 29
Repeal 30
Expiry 31
Definitions
1 In this Regulation,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "base quota" means the quota for any category of turkey that
was originally allocated to a producer on that producer's first application
to the Board for an allocation of quota, as amended from year to year;
(c) "Board" means the Alberta Turkey Producers;
(d) "category" means category within the meaning of the Turkey
Producers Marketing Plan Regulation (AR 259/97);
(e) "consumer" means a person who purchases turkey for consumption
and not for resale;
(f) "Council" means the Alberta Agricultural Products Marketing
Council;
(g) "family", in respect of a person, means the person's husband,
wife, common-law husband, common-law wife, father, mother, son, daughter,
brother, sister, son-in-law, daughter-in-law, father-in-law, mother-in-law,
grandfather and grandmother;
(h) "hatcheryman" means a person who holds a licence authorizing
that person to distribute, import, export and sell turkey poults to a
producer;
(i) "heavy breed" means a category of turkey classified by the
Board as a heavy breed under the Turkey Producers Marketing Plan Regulation
(AR 259/97);
(j) "light breed" means a category of turkey classified by the
Board as a light breed under the Turkey Producers Marketing Plan Regulation
(AR 259/97);
(k) "mature" means a category of turkey classified by the Board as
mature under the Turkey Producers Marketing Plan Regulation (AR 259/97);
(l) "period" means a subset of continuous months based on either a
quota or calendar year, as established by the Board;
(m) "periodic production" means marketing of a specified category
of quota in any of the periods established by the Board;
(n) "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 that is carrying on an
activity for a common purpose and is neither a partnership referred to in
subclause (
i) nor an unincorporated organization referred to in subclause
(ii);
(o) "Plan" means the Turkey Producers Marketing Plan under the
Turkey Producers Marketing Plan Regulation (AR 259/97);
(p) "processor" means a person who holds a licence authorizing that
person to process turkeys;
(q) "producer" means a person who
(
i) holds a licence authorizing that person to produce
turkeys,
(ii) has been allocated a quota or a permit or both, or
alternatively is a lessee during a calendar year or a period, and
(iii) owns and operates a production facility in Alberta
or leases and operates a production facility in Alberta on a basis whereby
that person receives the revenue from the production facility;
(r) "production facility" means the buildings and improvements in
which turkeys are produced and the land on which those buildings and
improvements are located;
(s) "quota" means the maximum live weight in kilograms of any
category of turkey that a producer is authorized to market in a calendar
year or a period, and is the product of
(
i) the base quota of that category of turkey allocated
to the producer, and
(ii) the percentage established by the Board for that
calendar year or period;
(t) "turkey" means any turkey, male or female, live or slaughtered,
of any size and includes any part of any turkey.
Powers of the Board
2 The Board may
(
a) issue or renew a licence;
(
b) refuse to issue or renew a licence;
(
c) suspend or cancel a licence;
(
d) issue a permit;
(
e) allocate, transfer, reduce or cancel a quota or a base quota;
(
f) determine the quota that may be marketed by producers in a
calendar year or a period and provide for periodic production;
(
g) set minimum prices to be paid to producers for any category of
turkey;
(
h) collect service charges and penalties;
(
i) ensure a continuous supply of turkeys in Alberta;
(
j) take any action necessary to give effect to this Regulation.
Licence
3(1) Subject to subsection (2), no person may engage in the hatching,
producing, processing or marketing of turkeys unless that person is the
holder of a licence authorizing that activity.
(2) This Regulation does not apply to a person who produces turkeys if
(
a) the person is ordinarily resident on the land on which the
production facility in which the turkeys are produced is situated,
(
b) the person produces not more than 300 turkeys in a calendar
year on the land on which the person is ordinarily resident, and
(
c) the turkeys are
(
i) consumed or intended to be consumed by the person
or the person's family, or
(ii) sold or intended to be sold to consumers by the
person
(
A) from the land referred to in clause
(a),
(
B) from land that is adjacent to the land
referred to in clause (a), or
(
C) from a stall at a public market.
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 hatcheryman;
(
b) a licence to operate as a producer;
(
c) a licence to operate as a processor.
(2) A person who engages in the hatching or processing, or both, of
turkeys shall obtain a licence for each hatchery or processing plant so
operated.
(3) A person who operates more than one of the following shall obtain a
licence for each operation the person operates:
(
a) a hatchery;
(
b) a production facility;
(
c) a processing plant.
(4) A licence expires on December 31 of the year in which it is issued.
(5) A licence is not transferable.
(6) The holder of a licence shall comply with any directions given from
time to time by the Board relating to the activity authorized by the
licence.
Issue, renewal or refusal of licence
5(1) The Board shall consider each application for a licence.
(2) Subject to subsection (4), the Board shall issue a licence and shall
record the name of the licence holder in a register kept for that purpose.
(3) Subject to subsection (4), the Board shall annually before January 1
renew a licence issued under subsection (2).
(4) 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 the activity to which the
application relates, or
(
b) contravenes the Act, the Plan, this Regulation or an order or
direction of the Council or the Board.
(5) The Board shall serve on the applicant a copy of its decision under
this section.
Suspension or cancellation of licence
6(1) The Board may suspend, for any period it considers appropriate, or
cancel a licence if the licence holder lacks, in the Board's opinion, the
experience, equipment or financial responsibility to properly engage in the
activity authorized by the licence or contravenes the Act, the Plan, this
Regulation or an order or direction of the Council or the Board or for any
other reason the Board considers appropriate.
(2) On making a decision under subsection (1), the Board shall notify the
licence holder of its decision.
(3) The holder of a licence that is suspended or cancelled
(
a) shall, 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
7(1) The holder of a licence shall maintain a complete and accurate record
of all matters relating to the activity authorized by the licence,
including any of the following records that are pertinent to the activity
authorized by the licence:
(
a) records of the placement of turkey poults by a hatcheryman or
producer;
(
b) invoices showing the number of turkey poults purchased by a
producer;
(
c) transportation records;
(
d) processor receiving records;
(
e) producer payment records;
(
f) grading, trimming or other processing records.
(2) The holder of a licence shall retain the records required to be kept
under subsection (1) for not less than one calendar year following the
calendar year to which the records relate.
(3) A producer shall maintain complete and accurate mortality records for
each flock of turkeys produced.
(4) A producer shall retain mortality records for at least 12 months after
shipment of the flock to which the records relate.
(5) The holder of a licence shall make available to the Board or a duly
authorized representative of the Board during ordinary business hours the
records maintained in accordance with this section.
(6) The holder of a licence shall on the request of the Board forthwith
provide any additional information the Board requires with respect to any
records kept or required to be kept under this section.
Duty to provide forms to Board
8(1) A hatcheryman, or a producer who receives turkey poults from outside
Alberta, shall prepare at the end of each week a form prescribed by the
Board and shall forward the form to the Board in time to reach the Board
office not later than Wednesday of the week following the week in which a
delivery or receipt of turkey poults occurred.
(2) A processor shall prepare at the end of each week in which turkeys are
purchased a form prescribed by the Board and shall forward the form to the
Board in time to reach the Board office not later than Wednesday of the
week following the week in which a purchase of turkeys occurred.
(3) A processor shall file with the Board, on receiving a request by the
Board to do so, an estimate of the weight of turkeys the processor requires
for the period specified by the Board.
(4) A producer who markets turkeys to persons other than licensed
processors shall
(
a) prepare at the end of each week in which turkeys were marketed
a record of the marketing by completing a form prescribed by the Board, and
(
b) forward the completed form to the Board so that the form will
be received by the Board not later than Wednesday of the week following the
week in which the turkeys were marketed.
(5) Where turkeys are processed on a fee for service basis by a processor,
the processor shall
(
a) ensure that a record of the processing is recorded by means of
completing a form prescribed by the Board, and
(
b) forward the completed form to the Board so that the form will
be received by the Board within 15 days from the day that the turkeys were
processed.
Deemed production, etc.
9(1) If records are not available to the Board with respect to a producer,
the producer is deemed
(
a) to have produced the same number of turkeys as there were
turkey poults delivered to the producer, and
(
b) to have marketed all the turkey poults delivered to the
producer within 6 months of the delivery.
(2) The weight of the turkeys deemed to have been produced pursuant to
subsection (1)(
a) is deemed to equal the average industry weight of the
category of turkeys marketed in the province during the previous calendar
year multiplied by the current number of turkey poults delivered to the
producer.
(3) The deemed weight of the turkeys that are deemed to have been marketed
under this
section may, at the discretion of the Board, be adjusted to
reflect the age of the turkeys.
Service charge
10(1) A processor who purchases turkeys from a producer shall deduct from
the purchase price payable to the producer a service charge of $.038 per
kilogram of live weight of the turkeys purchased and forward to the Board
the service charge, with an accounting for the service charge on a form
prescribed by the Board, in time to reach the Board office not later than
Wednesday of the week following the week in which the service charge was
deducted.
(2) A producer who processes turkeys shall pay to the Board a service
charge of $.038 per kilogram of live weight of the turkeys processed and
forward to the Board the service charge, with an accounting for the service
charge, in time to reach the Board office not later than Wednesday of the
week following the week in which the turkeys are processed.
(3) Interest at the rate of 2% per month is payable on unpaid service
charges.
(4) A service charge, together with unpaid interest, is a debt due to the
Board and may be recovered by the Board by civil action for debt.
Use of money
11 The Board may use service charges and other money paid to it for the
purpose of paying the expenses of the Board and administering the Plan and
this Regulation.
Quota
12(1) The Board may establish a separate quota allocation for each
category of turkey and may establish a periodic quota to provide for
production of any category of turkey in a period.
(2) If the Board wishes to vary the production of a category of turkey to
accommodate anticipated demand for a calendar year or a period, the Board
may vary the percentage of quota for that category for the calendar year or
the period.
(3) The Board may direct producers who have been allocated quotas to
market part or all of their quotas at different weights specified by the
Board or in different periods specified by the Board, or both.
(4) A producer's base quota shall not be reduced as a result of a
direction given by the Board pursuant to subsection (3).
(5) If the Alberta base allocation exceeds 19 000 000 kilograms and the
Board considers that general marketing conditions in Alberta warrant a
permanent increase in production capacity beyond 19 000 000 kilograms, the
increase in production capacity of base quota shall be divided in
accordance with this
section between persons named in the register referred
to in
section 13 and producers who have been allocated existing base
quotas.
(6) The Board may allocate among existing producers in the following
manner any of the difference between 19 000 000 kilograms and the total
base quota established by the Board from time to time:
(a) 25% of the amount allocated must be allocated by flat rate
where each eligible unit receives the same volume of quota;
(b) 25% of the amount allocated must be allocated on a prorata
basis where each eligible unit receives quota based on production size;
(c) 50% of the amount allocated must be allocated by sealed tender.
(7) The Board may allocate any of the Alberta base allocation in excess of
19 000 000 kilograms in the following manner:
(
a) approximately 35% of the amount offered shall be offered to
persons named in the register referred to in
section 13 by way of a letter
sent to the persons by single registered mail or signature mail at the
mailing addresses listed on the application;
(
b) a person being offered quota under clause (
a) shall be offered
and may receive base quota up to 100 000 kilograms per year;
(
c) the balance of the amount offered shall be offered pursuant to
subsection (6) to producers who have been allocated existing base quota.
(8) All quota offered under subsections (6) and (7) shall be offered at a
quota allocation fee established by resolution of the Board.
(9) For the purposes of offering base quota under subsections (6) and
(7) the following applies:
(
a) the producers or persons who are offered the quota shall have
30 days from the date of mailing of the offer to accept the offer;
(
b) the quota that is not accepted may be reoffered to the
producers who accepted the offer for quota in whole or in part pursuant to
subsection (6) or (7);
(
c) a producer shall receive only one offer of an increase in base
quota, notwithstanding that the producer owns and operates or leases and
operates more than one production facility;
(
d) only one base quota increase shall be offered in respect of a
single production facility, notwithstanding that the production facility
may be owned by more than one person;
(
e) in the case where one or more production facilities are
operated as a single entity, those entities shall be treated as if they
were a single production facility;
(
f) A producer or person who wishes to accept an offer made under
subsection (6) or (7) must
(
i) confirm acceptance in writing to the Board,
(ii) provide to the Board any information that the Board
may require, and
(iii) pay to the Board the quota allocation fee.
(10) Notwithstanding subsections (5) to (7), the Board may, in its
discretion, offer and allocate different categories of base quotas
(
a) to persons named in the register referred to in
section 13 and
to producers who have been allocated existing base quotas, and
(
b) to different individuals within each of the classes referred to
in clause (a).
Base quota to non-producers
13(1) Persons who
(
a) are not producers,
(
b) are at least 18 years old, and
(
c) are residents of Alberta
may apply for a base quota allocation by filing with the Board a completed
application form that is satisfactory to the Board.
(2) The names of persons applying for an allocation of base quota shall be
entered in a register chronologically, based on the date of each
application.
(3) The Board shall ensure that at no time are there more than 115 current
registrants in the register.
(4) Any notice or offer to be given to an applicant shall be sent to the
applicant at the address listed on the application.
(5) The name of an applicant shall be removed from the register on the
request of the applicant or if the applicant is allocated a base quota as
the result of
(
a) a transfer pursuant to
section 12, 14, 17 or 18,
(
b) the purchase of a production facility in respect of which a
base quota has been allocated, or
(
c) the applicant's obtaining a financial interest in a production
facility in respect of which a base quota has been allocated.
(6) If a person named in the register
(
a) declines an offer of an allocation of base quota,
(
b) fails to respond to an offer of an allocation of base quota
within the time period provided for under
section 12(9),
(
c) is no longer resident at the address listed on the application,
(
d) dies, or
(
e) fails to pay to the Board the registration renewal fee under
subsection (9) within 90 days from the date that payment was requested,
that person's name shall be removed from the register.
(7) Notwithstanding that a person's name is removed from the register
under subsection (6), that person may subsequently apply to have the
person's name entered in the register chronologically, based on the date
of the subsequent application.
(8) An applicant may from time to time by written notice to the Board
change the applicant's address as shown on an application made under this
section.
(9) The Board may establish a registration renewal fee for the purposes of
subsection (6)(e).
Transfer, etc. of quota
14(1) In this section, "legal representative" means
(
a) the executor, administrator or trustee of the estate of a
deceased producer, or
(
b) the guardian of the estate of a minor.
(2) A base quota may be allocated or transferred only to
(
a) a Canadian citizen or a person lawfully admitted into Canada
for permanent residence,
(
b) subject to subsection (3), a corporation in which the majority
of the shares are owned by Canadian citizens or persons lawfully admitted
into Canada for permanent residence, or
(
c) subject to subsection (3), a partnership in which the majority
of the partners with beneficial interests are Canadian citizens or persons
lawfully admitted into Canada for permanent residence.
(3) The Board may exempt a corporation or partnership from the
requirements of subsection (2)(
b) or (
c) if, in the opinion of the Board,
extenuating circumstances exist that warrant the Board making the
exemption.
(4) Where a producer who holds base quota is unable to carry on the
producer's agricultural operation due to mental or physical infirmity and
(
a) a trustee is appointed under the Dependent Adults Act or other
legislation, or
(
b) an attorney is appointed by the producer pursuant to a power of
attorney or an enduring power of attorney,
the trustee or attorney may act on the producer's behalf in carrying out
all the production and marketing of the producer's turkeys if the trustee
or attorney
(
c) files an application with the Board showing proof that the
person is the producer's trustee or attorney, and
(
d) satisfies the Board that the trustee or attorney
(
i) has the experience, equipment and financial
responsibility to properly engage in the production and marketing of
turkeys, and
(ii) has not contravened the Act, the Plan, this
Regulation or an order or direction of the Council or the Board.
(5) When a producer holds base quota at the time of the producer's death,
that producer's legal representative is entitled to act on the deceased
producer's behalf in carrying out all production and marketing for the
marketing period in which the producer died or for such longer period as
may be approved by the Board.
(6) Where a producer holds base quota at the time of the producer's death
and the ownership of the production facility becomes vested in one or more
persons by virtue of a joint tenancy or a will, intestacy or a court order,
the Board may transfer the base quota to that person or those persons on
(
a) proof being filed with the Board showing ownership of the
production facility and the means by which ownership was acquired, and
(
b) the Board's being satisfied that the person or persons
(
i) have the experience, equipment and financial
responsibility to properly engage in the production and marketing of
turkeys, and
(ii) have not contravened the Act, the Plan, this
Regulation or an order or direction of the Council or the Board.
(7) Where the person who acquires ownership of a deceased producer's
production facility by virtue of a joint tenancy or a will, intestacy or a
court order is a minor, the legal representative of the minor may carry on
all the production and marketing of turkeys on behalf of the minor until
the minor reaches the age of 18 years, or such further time as prescribed
by the Board, on
(
a) an application being filed with the Board showing proof that
the person is the minor's legal representative, and
(
b) satisfying the Board that the legal representative
(
i) has the experience, equipment and financial
responsibility to properly engage in the production and marketing of
turkeys, and
(ii) has not contravened the Act, the Plan, this
Regulation or an order or direction of the Council or the Board.
(8) No person, whether directly or through an interest in a corporation, a
partnership or another unincorporated organization or group of individuals,
may hold more than 10% of the total of all base quota allocated by the
Board.
(9) The Board shall allocate base quota so that not more than 10% of all
base quota allocated by the Board is produced at any single production
facility.
(10) For the purpose of determining a person's base quota holdings the
following applies:
(
a) an individual's total base quota holding is the sum of
(
i) the base quota held by that individual,
(ii) the proportionate share of any base quota in which
that individual has an ownership interest through a corporation, a
partnership or another unincorporated organization or group of individuals,
and
(iii) any base quota in which the individual has an
ownership interest as a lessee of quota;
(
b) the total base quota holding of a corporation, a partnership or
another unincorporated organization or group of individuals is the sum of
(
i) the base quota held by that corporation,
partnership, unincorporated organization or group of individuals,
(ii) the proportionate share of any base 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 base quota in which the corporation,
partnership, unincorporated organization or group of individuals has an
ownership interest as a lessee of quota;
(
c) in determining an individual's total base quota holding, the
individual's ownership interest in the following shall be disregarded:
(
i) a publicly traded company listed on a recognized
stock exchange;
(ii) a co-operative that has more than 100 members.
(11) The Board may allocate quota to a producer as part of an
interprovincial quota transfer policy, notwithstanding that the allocation
may result in the producer's holding base quota in excess of the limit
provided under subsection (8) or (9).
(12) Notwithstanding subsections (8) and (9), where on the coming into
force of subsection (8) or (9), as the case may be, a producer holds base
quota in excess of the limit provided for under subsection (8) or (9),
(
a) the producer may retain that quota, and
(
b) the producer may receive an increase in base quota allocated
under
section 12(6) or (7).
(13) Notwithstanding subsection (8),
(
a) where a person does not hold existing quota and the person
purchases
(
i) a producer's production facility in respect of
which base quota is allocated, or
(ii) shares in a corporation in respect of which base
quota is allocated,
the Board may approve a transfer of that base quota to the
purchaser even though the amount of the base quota exceeds the limit
provided for under subsection (8), and
(
b) the Board may approve a transfer of a deceased producer's base
quota to a producer with existing quota
(
i) where the deceased producer's base quota exceeds
the limit provided for under subsection (8), or
(ii) when the combined total of the deceased producer's
quota and the recipient producer's quota exceeds the limit provided for
under subsection (8),
if the transfer of the base quota arises by virtue of a joint
tenancy or a will, intestacy or a court order.
(14) Unless otherwise permitted by the Board, a producer to whom a base
quota is
(
a) allocated or transferred, or
(
b) offered under
section 12(7)(
a) must commence the production of turkeys within 12 months after the date on
which the base quota is allocated or transferred or accepted under
section
(15) No producer may buy, sell, lease or assign all or any part of a quota
or a base quota allocated to the producer without the prior written
approval of the Board.
Lease of production facility
15(1) If a producer intends to lease a production facility in respect of
which a base quota has been allocated and the proposed lessee wishes to
market turkeys, the producer shall apply to the Board for approval of the
proposed lease.
(2) An application under subsection (1) shall be made prior to the
commencement of the lease.
(3) If the Board approves a lease of a production facility under this
section, the base quota allocated to the production facility shall remain
registered in the name of the lessor.
(4) The lessee under a lease that is approved by the Board under this
section may produce and market turkeys under the authority of the base
quota allocated to the lessor.
(5) The Board shall not approve a lease under this
section for a term in
excess of 5 years.
(6) The Board shall not approve a lease under this
section if the approval
would result in the lessee under the lease having access to total base
quotas in excess of 10% of the total of all base quota allocated by the
Board.
(7) Notwithstanding subsection (6), if the lease in respect of which
approval of the Board is sought relates to a production facility to which
section 14(12) applies, the Board may approve the lease.
Lease of quota
16(1) A producer, with the prior authorization of the Board, may lease all
or part of the producer's base quota to
(
a) another producer, or
(
b) another person.
(2) An application to lease quota shall
(
a) be made by the proposed lessor,
(
b) be endorsed by the proposed lessee,
(
c) be in the form and contain the information required by the
Board, and
(
d) be accompanied by a fee in the amount of $50.
(3) If the Board grants the authorization, it may make the authorization
(4) The Board shall not grant an authorization if
(
a) the proposed lessor has outstanding indebtedness with the Board
for service charges or over-marketing penalties,
(
b) the lease would result in the total of the proposed production
under the lease plus the lessee's base quota exceeding the limit provided
for under
section 14(8),
(
c) the proposed lessee lacks, in the Board's opinion, the
experience, equipment and financial responsibility to properly engage in
the production and marketing of turkeys, or
(
d) the proposed lessee has contravened the Act, the Plan, any
regulation made under the Act or an order or direction of the Council or
the Board.
Disposition of production facility
17(1) This
section applies only to the disposition of production
facilities in respect of which a base quota has been allocated.
(2) If a producer intends to sell or assign a production facility in
respect of which a base quota has been allocated and the proposed purchaser
or assignee wishes to market turkeys, the Board may cancel the base quota
of the producer and allocate to the proposed purchaser or assignee a base
quota in respect of the production facility.
(3) An application to the Board for a transfer of a base quota under this
section shall be made prior to the completion of the sale or assignment of
the production facility but, if approved, the new base quota shall not take
effect and the old base quota shall not be cancelled until the completion
of the transaction and the filing of any proof of the completion of the
transaction that the Board requires.
(4) An application under subsection (3) shall be made by the producer who
is selling or assigning the production facility and shall be accompanied by
a transfer fee of $100.
(5) Notwithstanding subsection (4), if there is no change in the
beneficial ownership of a production facility in respect of which a base
quota has been allocated or if the application is for a transfer of a
production facility within a family, the transfer fee shall be waived.
Transfer of base quota without production facilities
18(1) This
section applies only to the transfer of base quota without the
transfer of the production facilities in respect of which the base quota
has been allocated.
(2) Where
(
a) a producer owns production facilities in respect of which base
quota has been allocated, and
(
b) the producer wishes, without transferring those production
facilities, to transfer that base quota or a part of that base quota to
another person,
the producer may apply to the Board to allocate to the proposed transferee
the amount of base quota that the producer wishes to transfer and to
accordingly reduce the amount of base quota that will be held by the
producer following the transfer.
(3) Where a producer wishes to make an application to the Board under
subsection (2), the producer must provide to the Board, at least 7 days
prior to the meeting of the Board at which the application is to be
considered, a completed application and declaration that is satisfactory to
the Board.
(4) The Board shall not approve a transfer of base quota under this
section in the following circumstances:
(
a) if the sum determined by adding together
(
i) the amount of base quota that is proposed to be
transferred, and
(ii) the amount of base quota held by the proposed
transferee immediately prior to the proposed transfer taking place
would exceed the limit provided for in
section 14(8);
(
b) if the total amount of base quota held by the proposed
transferee immediately prior to the proposed transfer taking place exceeds
the limit provided for in
section 14(8);
(
c) if, in the opinion of the Board, the transferee will not have
at the time that the proposed transfer takes place the experience,
equipment and financial responsibility to properly engage in the production
and marketing of turkeys;
(
d) if the transferee has contravened the Act, the Plan, any
regulation made under the Act or any order or direction of the Council or
the Board;
(
e) if the transferee or transferor has an outstanding indebtedness
with the Board for service charges or over-marketing penalties.
(5) If the Board is satisfied that a proposed transfer of quota under this
section complies with the requirements of this section, the Board shall
approve the application subject to the following conditions being complied
with prior to the transfer taking place:
(
a) that the transferee has completed and delivered to the Board a
declaration that is satisfactory to the Board;
(
b) that the transferee has acquired the beneficial ownership of a
production facility that, in the opinion of the Board, is suitable for the
production of turkeys;
(
c) that the transferee has filed with the Board a copy of the
certificate of title to the production facilities that shows
(
i) the current status of the certificate of title, and
(ii) that the transferee of the quota is the sole
beneficial owner of the production facility;
(
d) that the transferee has provided to the Board the written
consent referred to in
section 21(4);
(
e) that the transferee has paid to the Board a transfer fee of
$100.
(6) When the Board is satisfied that the requirements of this
section have
been met, and the conditions described to in subsection (5) have been
complied with, the Board shall
(
a) amend the base quota allocated to the producer who is the
transferor so as to reduce it to reflect the amount of base quota that was
transferred to the transferee, and
(
b) allocate to the transferee the amount of base quota that was
transferred from the transferor.
Assignment of quota
19(1) Where an individual or individuals who own production facilities
wish to carry on the marketing of turkeys through a corporation, the Board
may transfer the base quota held by the individual or individuals to the
corporation if
(
a) all of the shares of the corporation are held by the individual
or individuals who own the production facilities, and
(
b) the individual or individuals and the corporation apply jointly
to the Board for the transfer.
(2) Where a corporation that owns production facilities wishes to carry on
the marketing of turkeys through an individual or individuals, the Board
may transfer the base quota held by the corporation to the individual or
individuals if
(
a) all of the shares of the corporation are held by the individual
or individuals to whom the quota is to be transferred, and
(
b) the corporation and the individuals apply jointly to the Board
for the transfer.
(3) A transfer under this
section is conditional on the individual or
individuals remaining the only shareholders in the corporation.
(4) A transfer under this
section does not affect the right of a mortgagee
to register an interest under
section 21 or to acquire an interest in base
quota under
section 22.
Reduction or cancellation of base quota
20(1) The Board may reduce or cancel a base quota if the producer to whom
it is allocated
(
a) fails for 2 successive years or more to market at least 90% of
the producer's quota,
(
b) contravenes the Act, this Regulation or an order or direction
of the Council or the Board,
(
c) has not used or has voluntarily given up all or part of the
producer's base quota,
(
d) has had his licence to produce turkeys suspended or cancelled,
(
e) has made an application under
section 17 for a transfer of the
base quota,
(
f) has sold, leased or otherwise assigned the premises on which
the production facilities exist,
(
g) has, in the case of a lease of premises on which the production
facilities exist, ceased to hold a leasehold interest in the premises, or
(
h) has not received the approval of the Board for a change in the
ownership of production facilities.
(2) The Board may reduce a base quota allocated to a corporation or
partnership if there is a change in the beneficial ownership of any of the
shares of the corporation or the interests in the partnership, unless prior
approval to the change has been given in writing by the Board.
Financial interest in production facility
21(1) Any person who has a financial interest by means of a mortgage in a
production facility in respect of which a base quota has been allocated may
register that interest with the Board in the manner the Board prescribes.
(2) Where a mortgagee registers an interest with the Board under
subsection (1), that mortgagee shall at the same time, in a form that is
satisfactory to the Board, also register with the Board a written
acknowledgment by the producer of the mortgagee's financial interest in the
production facility.
(3) If an interest is registered under subsection (1), the Board shall
(
a) immediately notify the producer in whose name the quota is
allocated of the registration, and
(
b) notify the mortgagee of any application to transfer all or any
part of the quota to which the registration applies.
(4) The Board shall not approve the transfer of any quota in respect of
which an interest is registered under subsection (1) unless the mortgagee
has given written consent to the transfer.
Authority of Board
22(1) If a mortgagee becomes the legal or equitable owner of a production
facility due to a judicial or extra-judicial enforcement of the mortgage,
the Board may in its discretion
(
a) set the base quota aside for 2 years or allocate part or all of
the base quota to a person who purchases the production facility from the
mortgagee, if the Board is satisfied that the purchaser is or intends to
become a producer, or
(
b) allocate the base quota to the mortgagee, if the Board is
satisfied that the mortgagee intends to become a producer.
(2) If a base quota has not been allocated to a production facility within
the time set out in subsection (1)(a), the Board may
(
a) cancel the base quota, or
(
b) extend the time set out in subsection (1)(a).
Permit
23 The Board may issue to a producer a permit authorizing the producer to
market the weight and category of turkey specified on the permit during the
period specified on the permit.
Marketing contraventions
24(1) No person shall market turkeys or purchase turkey poults under this
Regulation unless, in addition to holding a licence for that purpose, the
person
(
a) holds a base quota or a permit under
section 23, or both, or
(
b) is operating as a lessee under
section 15 or 16.
(2) No producer shall market turkeys in excess of
(
a) the total quota allocated to the producer, or to the lessor in
the case of a producer operating as a lessee under
section 15, or
(
b) the permit, if any, issued to the producer.
(3) If a producer markets turkeys in contravention of subsection (2), the
following applies:
(
a) the Board may reduce the weight of turkeys that the producer
may subsequently market pursuant to the producer's quota or permit by an
amount equal to the weight of the excess marketed, without permanently
reducing the base quota;
(
b) the producer shall pay to the Board a penalty of
(i) $.22 per kilogram of live weight on that part of
the excess marketed that does not exceed 10% of the applicable permit or
quota, and
(ii) $.75 per kilogram of live weight on that part of
the excess marketed that exceeds 10% of the applicable permit or quota.
(4) For the purposes of this section, a producer is deemed
(
a) to have produced the same number of turkeys as there were
turkey poults delivered to the producer, and
(
b) to have marketed all the turkey poults delivered to the
producer within 6 months of the delivery.
(5) The weight of the turkeys deemed to have been produced pursuant to
subsection (4)(
a) is deemed to equal the average industry weight of the
category of turkeys marketed in the province during the previous calendar
year multiplied by the current number of turkey poults delivered to the
producer.
(6) The deemed weight of the turkeys that are deemed to have been marketed
under this
section may, at the discretion of the Board, be adjusted to
reflect the age of the turkeys.