Alberta Regulation 125/2012

Traffic Safety Act

OPERATOR LICENSING AND VEHICLE CONTROL

AMENDMENT REGULATION

Filed: July 16, 2012

For information only: Made by the Minister of Service Alberta (M.O. SA:023/2012)

on July 16, 2012 pursuant to

section 64 of the Traffic Safety Act.

1 The Operator Licensing and Vehicle Control Regulation

(AR 320/2002) is amended by this Regulation.

2 The following is added after

section 137:

Waiver of fees

137.1 If the Registrar considers that, in the circumstances, it

would be appropriate to do so, the Registrar, with the prior approval

of the Minister, may waive any fee, or portion of any fee, required to

be paid under this Regulation.

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

Alberta Regulation 126/2012

Health Professions Act

NATUROPATHS PROFESSION REGULATION

Filed: July 24, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 253/2012)

on July 24, 2012 pursuant to

section 131 of the Health Professions Act.

Table of Contents

Definitions

2 Register categories

Registration

3 General register

4 Provisional register

5 Courtesy register

6 Equivalent jurisdiction

7 Substantial equivalence

8 Examination attempts

9 Good character

10 Liability insurance

12 Citizenship

Titles and Abbreviations

13 Authorization to use titles, etc.

Restricted Activities

14 Restricted activities authorization

15 Restriction

16 Students

17 Supervision

Continuing Competence

18 Program credits

19 Competence activities

20 Rules

21 Rule distribution

22 Annual form

23 Review and evaluation

24 Practice visits

25 Actions to be taken

Practice Permit

26 Renewal requirements

27 Conditions

Alternative Complaint Resolution

28 Process conductor

29 Agreement

30 Confidentiality

31 Leaving the process

Reinstatement

32 Reinstatement application

33 Consideration of application

34 Decision

35 Review of decision

36 Access to decision

Information

37 Information to be provided

Section 119 information

Transitional and Coming into Force

39 Transitional

40 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Health Professions Act;

(b) "College" means the College of Naturopathic Doctors of

Alberta;

(c) "Competence Committee" means the competence committee

of the College;

(d) "Complaints Director" means the complaints director of the

College;

(e) "Council" means the council of the College;

(f) "courtesy register" means the courtesy register category of

the regulated members register;

(g) "general register" means the general register category of the

regulated members register;

(h) "membership year" means the period of time between 2

successive dates established in the bylaws made under

section 132 of the Act by which a regulated member is

required to apply for the renewal of a practice permit;

(i) "provisional register" means the provisional register category

of the regulated members register;

(j) "Registrar" means the registrar of the College;

(k) "Registration Committee" means the registration committee

of the College;

(l) "standards of practice" means the standards of practice

governing the practice of naturopathic medicine as adopted

by the Council in accordance with the bylaws and

section

133 of the Act.

Register categories

2 The regulated members register established by the Council under

section 33(1)(

a) of the Act has the following categories:

(

a) general register;

(

b) provisional register;

(

c) courtesy register.

Registration

General register

3(1) An applicant for registration as a regulated member may be

registered on the general register if the applicant

(

a) has successfully completed a 4-year program of studies in

naturopathic medicine approved by the Council,

(

b) has successfully passed the registration examination

approved by the Council and the jurisprudence examination

approved by the Council, and

(

c) meets one of the following:

(

i) within the 2 years immediately preceding the date the

Registrar receives the complete application, has met the

requirements set out in clauses (

a) and (b);

(ii) within the 3 years immediately preceding the date the

Registrar receives the complete application, has

provided 1200 hours of professional services while the

applicant was a registered member in good standing of a

college or association of naturopathic medicine and

carried on an active practice in a jurisdiction recognized

by the College;

(iii) demonstrate to the satisfaction of the Registrar that the

applicant is currently competent to practise as a

naturopathic practitioner.

(2) For the purposes of subsection (1)(c)(iii), the Registrar may

require an applicant to undergo any examinations, testing, assessment,

training or education the Registrar considers necessary, including a

requirement that the applicant successfully pass the registration

examination referred to in subsection (1)(b).

Provisional register

4(1) An applicant for registration as a regulated member may be

registered on the provisional register if the applicant

(

a) meets the registration requirements of

section 3 except for

the successful completion of the examinations referred to in

section 3(1)(b), or

(

b) is qualified to practise as a naturopathic practitioner in

another jurisdiction recognized by the Council but the

applicant's competencies are being assessed under

section

7(2).

(2) A registration on the provisional register expires after one year.

(3) Despite subsection (2), the Registrar may extend a registration on

the provisional register for up to one additional year after the

registration has expired under subsection (2) if the Registrar is of the

opinion that extenuating circumstances exist.

(4) If a regulated member registered on the provisional register

successfully passes the registration examination and the jurisprudence

examination, the Registrar must remove the member's name from the

provisional register and enter it on the general register.

(5) A regulated member registered on the provisional register may

practise only

(

a) while under the supervision of a regulated member registered

on the general register or under the supervision of another

regulated health professional approved by the Registrar, and

(

b) in accordance with any conditions specified by the Registrar.

Courtesy register

5(1) A naturopathic practitioner registered in good standing in another

jurisdiction recognized by the Council who applies for registration in

Alberta on a temporary basis for a specified purpose approved by the

Registrar may be registered on the courtesy register if the applicant

satisfies the Registrar of having competence to provide the services

related to the specified purpose.

(2) The registration of a person registered on the courtesy register is

valid for the term specified by the Registrar but may not exceed one

month unless, in the opinion of the Registration Committee, there are

extenuating circumstances.

(3) It is a condition of registration on the courtesy register that the

person must remain registered in good standing in the jurisdiction in

which the person was registered at the time of the person's application

for registration on the courtesy register and, if the registration in the

other jurisdiction is suspended or cancelled, the courtesy registration is

cancelled.

Equivalent jurisdiction

6 An applicant for registration as a regulated member on the general

register who is registered in good standing in another jurisdiction

recognized by the Council under

section 28(2)(

b) of the Act as having

registration requirements substantially equivalent to the registration

requirements set out in

section 3 may be registered on the general

register.

Substantial equivalence

7(1) An applicant for registration as a regulated member on the

general register who does not meet the requirements of

section 3 but

whose qualifications have been determined by the Registrar or

Registration Committee under

section 28(2)(

c) of the Act to be

substantially equivalent to the registration requirements set out in

section 3 may be registered on the general register.

(2) In determining whether an applicant's qualifications are

substantially equivalent under subsection (1), the Registrar or

Registration Committee may require the applicant to undergo any

examination, testing and assessment activities that the Registrar or

Registration Committee considers necessary.

(3) For the determination under subsection (2), the Registrar or

Registration Committee may use the services of experts and other

resources to assist with the examination, testing and assessment

activities.

(4) The Registrar or Registration Committee may direct the applicant

to undergo any education or training activities the Registrar or

Registration Committee considers necessary in order for the applicant

to be registered.

(5) The Registrar or Registration Committee may require an applicant

to pay all the costs incurred under subsections (2), (3) and (4).

(6) The Registrar or Registration Committee may require an applicant

under subsection (1) to provide any other relevant information or

evidence that the Registrar or Registration Committee considers

necessary in order to assess an application under this section.

Examination attempts

8(1) Subject to subsection (2), an applicant for registration as a

regulated member may attempt the registration examination and the

jurisprudence examination only 3 times each.

(2) An applicant who fails the registration examination or the

jurisprudence examination 3 times may apply to the Registrar for

permission for one final attempt.

(3) The Registrar may require an applicant to successfully complete

coursework and pass examinations before granting permission for one

final attempt under subsection (2).

Good character

9(1) An applicant for registration as a regulated member must

provide evidence satisfactory to the Registrar of having good character

and reputation by submitting one or more of the following on the

request of the Registrar:

(

a) written references from colleagues and, where applicable,

from another jurisdiction in which the applicant is currently

registered;

(

b) a written statement by the applicant as to whether the

applicant is currently undergoing an investigation or is

subject to an unprofessional conduct process or has

previously been disciplined by another regulatory body

responsible for the regulation of naturopathic medicine or of

another profession that provides a professional service;

(

c) the results of the applicant's current criminal record check;

(

d) a written statement by the applicant as to whether the

applicant has ever pleaded guilty or has been found guilty of

a criminal offence in Canada or an offence of a similar nature

in a jurisdiction outside Canada for which the applicant has

not been pardoned;

(

e) any other relevant evidence as requested by the Registrar.

(2) If an applicant has engaged in an activity that has, in the opinion of

the Registrar, undermined the applicant's good character and

reputation in the past, the applicant may provide evidence to the

Registrar of rehabilitation.

(3) The Registrar may also consider information other than that

provided by the applicant in determining whether the applicant is of a

good character and reputation, but if the Registrar considers that

information, the Registrar must give the applicant sufficient particulars

of the information to allow the applicant to respond to that

information.

Liability insurance

10 An applicant for registration as a regulated member must provide

evidence of having the type and amount of professional liability

insurance required by the Council.

11(1) An applicant for registration as a regulated member must be

competently in the practice of naturopathic medicine.

(2) An applicant may be required by the Registrar to demonstrate

requirements approved by the Council.

Citizenship

12 An applicant for registration as a regulated member must provide

proof that the applicant is a Canadian citizen or is lawfully admitted to

and entitled to work in Canada.

Titles and Abbreviations

Authorization to use titles, etc.

13(1) A regulated member registered on the general register or

courtesy register may use

(

a) the titles "naturopathic doctor", "naturopathic practitioner",

"naturopath" and "doctor of naturopathic medicine",

(

b) the initials "N.D." and "R.N.D.", and

(

c) the title "Doctor" and the abbreviation "Dr." in connection

with providing a health service within the practice of

naturopathic medicine.

(2) A regulated member registered on the provisional register may use

the title "naturopath".

Restricted Activities

Restricted activities authorization

14(1) Subject to subsections (2) and (3), a regulated member may, in

the practice of naturopathic medicine and in accordance with the

standards of practice, perform the following restricted activities:

(

a) to cut a body tissue, to administer anything by an invasive

procedure on body tissue or to perform other invasive

procedures on body tissue below the dermis or the mucous

membrane;

(

b) to insert or remove instruments, devices or fingers

(

i) beyond the cartilaginous portion of the ear canal,

(ii) beyond the point in the nasal passages where they

normally narrow,

(iii) beyond the opening of the urethra for the purpose of

obtaining diagnostic samples,

(iv) beyond the labia majora, but not beyond the cervix, for

the purpose of examining the cervix, performing Pap

smears and obtaining diagnostic samples, and

(

v) beyond the anal verge, but not beyond the

rectal-sigmoidal junction, for the purpose of a rectal

exam or prostate exam.

(2) A regulated member may not perform any of the following

restricted activities unless the regulated member meets the

requirements of subsection (3):

(

a) to cut a body tissue, to administer anything by an invasive

procedure on body tissue or to perform invasive procedures

on body tissue below the dermis or the mucous membrane for

the purpose of needle acupuncture or administering

intravenous ozone, chelation therapy or supplemental

vitamins and minerals;

(

b) to insert or remove instruments, devices or fingers

(

i) beyond the labia majora for the purposes of vaginal

ozone therapy, and

(ii) beyond the anal verge for the purposes of performing

colon hydrotherapy, rectal ozone therapy or the Keesey

technique for reduction of hemorrhoids;

(

c) to use a deliberate, brief, fast thrust to move the joints of the

spine beyond the normal range but within the anatomical

range of motion, which generally results in an audible click

or pop;

(

d) to administer blood products for the purposes of

administering intravenous ozone therapy.

(3) A regulated member may perform a restricted activity described in

subsection (2) only if the regulated member

(

a) has provided evidence to the Registrar of having the

competencies required to perform the restricted activities

described in subsection (2) and has received notification from

the Registrar that the authorization to perform the restricted

activities is indicated on the appropriate register, or

(

b) is enrolled in a training program approved by the Council in

the restricted activity to be performed and performs the

restricted activity with the consent of and under the

supervision of a regulated member who is authorized under

clause (

a) to perform that restricted activity.

(4) A regulated member who consents to supervise another regulated

member under subsection (3)(

b) must comply with the supervision

requirements set out in

section 17.

Restriction

15(1) Despite any authorization to perform restricted activities,

regulated members must restrict themselves in performing restricted

activities to those activities that they are competent to perform and to

those that are appropriate to the member's area of practice and the

procedure being performed.

(2) A regulated member who performs a restricted activity must do so

in accordance with the standards of practice.

Students

16(1) A student who is enrolled in a 4-year program of studies in

naturopathic medicine approved by the Council is permitted to

perform, within that program, the restricted activities described in

section 14(1) with the consent of and under the supervision of a

regulated member.

(2) A student who is enrolled in a 4-year program of studies in

naturopathic medicine approved by the Council and who is taking a

specific course of studies within that program is, with the consent of

and under the supervision of a regulated member, permitted to perform

additional restricted activities as follows:

(

a) a student who is taking a specific course of needle

acupuncture studies is permitted to perform the restricted

activity described in

section 14(2)(

a) for the purpose of

performing needle acupuncture;

(

b) a student who is taking a specific course of chelation therapy

studies is permitted to perform the restricted activity

described in

section 14(2)(

a) for the purpose of administering

chelation therapy;

(

c) a student who is taking a specific course of studies regarding

supplemental vitamins and minerals is permitted to perform

the restricted activity described in

section 14(2)(

a) for the

purpose of administering supplemental vitamins and

minerals;

(

d) a student who is taking a specific course of ozone therapy

studies is permitted to perform the restricted activities

described in

(i)

section 14(2)(

a) for the purpose of administering

intravenous ozone,

(ii)

section 14(2)(b)(

i) for the purpose of performing

vaginal ozone therapy,

(iii)

section 14(2)(b)(ii) for the purpose of performing rectal

ozone therapy, and

(iv)

section 14(2)(

d) for the purposes of administering blood

products for intravenous ozone therapy;

(

e) a student who is taking a specific course of colon

hydrotherapy studies is permitted to perform the restricted

activity described in

section 14(2)(b)(ii) for the purpose of

performing colon hydrotherapy;

(

f) a student who is taking a specific course of Keesey technique

studies for reduction of hemorrhoids is permitted to perform

the restricted activity described in

section 14(2)(b)(ii) for the

purpose of the reduction of hemorrhoids;

(

g) a student who is taking a specific course of spinal

manipulation studies is permitted to perform the restricted

activity described in 14(2)(

c) for the purpose of performing

spinal manipulation.

Supervision

17 A regulated member who consents to supervise a student under

section 16 or a regulated member under

section 14(3)(

b) must

(

a) be on site with the student or regulated member and available

to assist while the student or regulated member is performing

the restricted activity,

(

b) be authorized to perform the restricted activity being

performed by the student or regulated member, and

(

c) have a minimum of one year's experience in performing the

restricted activity.

Continuing Competence

Program credits

18 A regulated member must obtain the number of continuing

competence program credits in each membership year as determined

by the Council.

Competence activities

19 Continuing competence program credits may be obtained through

the following continuing competence activities in accordance with the

rules referred to in

section 20:

(

a) attendance at courses or seminars related to naturopathic

medicine that are designed to enhance the professional

development of regulated members;

(

b) presentation of a continuing competence activity to a group

of regulated members;

(

c) attendance at sessions sponsored or approved by the Council

concerning functions of the College, including professional

development, code of ethics and standards of practice;

(

d) providing mentoring or supervision to students of

naturopathic medicine education programs approved by the

Council;

(

e) participation as a member of the Council or a committee

established by the Council;

(

f) presentation of a research paper or abstract at a meeting

approved by the Council;

(

g) publication of a research paper in a peer-refereed journal;

(

h) self-directed study approved by the Council;

(

i) other activities approved by the Council.

Rules

20(1) The Registrar or Competence Committee may recommend to

the Council rules governing the continuing competence program,

including the following:

(

a) rules governing the program credits that may be earned for

each continuing competence activity;

(

b) rules governing the type and category of continuing

competence activities that a regulated member must

undertake in a membership year;

(

c) rules limiting the number of continuing competence activities

within a specific category for which a member may earn

credits;

(

d) rules governing additional continuing competence activities

for which program credits may be earned;

(

e) rules governing criteria for selecting individual regulated

members or groups of regulated members for practice visits;

(

f) other rules, as required, governing the continuing

competence program.

(2) The rules recommended under subsection (1) and any

recommended amendments to those rules must be distributed by the

Registrar to all regulated members for their review.

(3) The Council may establish rules and amendments to the rules 30 or

more days after the Registrar has distributed the recommended rules or

amendments to the rules under subsection (2).

Rule distribution

21 The rules and any amendments to the rules established under

section 20(3) must be made available by the College to all regulated

members and, in printed form, on request to the Minister, regional

health authorities and any person who requests them.

Annual form

22(1) As part of the continuing competence program, a regulated

member must complete, on an annual basis and in a form satisfactory

to the Registrar,

(

a) a self-assessment,

(

b) a learning plan, and

(

c) a list of continuing competence activities undertaken together

with supporting documentation.

(2) A regulated member must retain a copy of the documents referred

to in subsection (1) for a period of not less than 5 years from the end of

the membership year in which the self-assessment, learning plan or list

of continuing competence activities undertaken were completed.

(3) A regulated member must, on the request of the Registrar or the

Competence Committee, submit anything referred to in subsection

(1) to the Registrar or Competence Committee.

Review and evaluation

23 The Registrar or Competence Committee must periodically select

individual regulated members in accordance with criteria established

by the Council for a review and evaluation of all or part of the

member's continuing competence program.

Practice visits

24 A person or persons appointed under

section 11 of the Act are

authorized to carry out practice visits and may, for the purpose of

assessing continuing competence, select individual regulated members

or groups of regulated members for a practice visit in accordance with

the rules established under

section 20.

Actions to be taken

25 If the results of a review and evaluation under

section 23 or a

practice visit under

section 24 are unsatisfactory, the Competence

Committee may direct a regulated member to undertake one or more of

the following:

(

a) to complete specific continuing competence requirements or

professional development activities within a specified time

period;

(

b) to report to the Competence Committee on specified matters

on specified dates;

(

c) to correct any problems identified in the review and

evaluation or practice visit;

(

d) to complete any other activity required to be completed by

the Competence Committee.

Practice Permit

Renewal requirements

26 A regulated member applying for renewal of the member's

practice permit must

(

a) provide evidence of having met the continuing competence

requirements set out in this Regulation,

(

b) provide evidence that the regulated member holds current

cardiopulmonary resuscitation certification at the level

required by the Council, and

(

c) provide evidence of continuing to meet the requirements set

out in sections 9, 10 and 12.

Conditions

27 On issuing a practice permit to a regulated member, the Registrar

may impose conditions on the practice permit, including, but not

limited to, the following:

(

a) that the member limit the member's practice to specified

services or areas of practice;

(

b) that the member practise under the supervision of another

regulated member for the period of time considered

necessary by the Registrar;

(

c) that the member refrain from performing specified restricted

activities.

Alternative Complaint Resolution

Process conductor

28 When a complainant and an investigated person have agreed to

enter into an alternative complaint resolution process, the Complaints

Director must appoint an individual to conduct the alternative

complaint resolution process.

Agreement

29 The person conducting the alternative complaint resolution

process must, in consultation with the complainant and the investigated

person, establish the procedures for and objectives of the alternative

complaint resolution process, which must be set out in writing and

signed by the complainant, the investigated person and the

representative of the College.

Confidentiality

30 The complainant and the investigated person must, subject to

sections 59 and 60 of the Act, agree to treat all information shared

during the alternative complaint resolution process as confidential.

Leaving the process

31 The complainant or the investigated person may withdraw from

the alternative complaint resolution process at any time.

Reinstatement

Reinstatement application

32(1) A person whose registration and practice permit have been

cancelled under

Part 4 of the Act may apply in writing to the Registrar

to have the registration reinstated and the practice permit reissued.

(2) An application under subsection (1) must

(

a) not be made earlier than 3 years after the date of the

cancellation, and

(

b) not be made more frequently than once in each 12-month

period following a refusal of an application under

section

34(a).

(3) An applicant under subsection (1) must provide evidence to the

Registrar of

(

a) the relevant professional or personal actions that the

applicant has taken since the cancellation, and

(

b) the applicant's qualifications for registration.

Consideration of application

33(1) An application under

section 32 must be considered by the

Registration Committee in accordance with the application for

registration process set out in sections 28 to 30 of the Act.

(2) When reviewing an application in accordance with subsection (1),

the Registration Committee must consider

(

a) the record of the hearing at which the applicant's registration

and practice permit were cancelled, and

(

b) whether the applicant

(

i) meets the current requirements for registration,

(ii) has met any conditions imposed under

Part 4 of the Act

before the applicant's registration and practice permit

were cancelled, and

(iii) is fit to practise naturopathic medicine and does not

pose a risk to public safety.

Decision

34 The Registration Committee may, on completing the review of an

application in accordance with

section 33, issue a written decision

containing one or more of the following orders:

(

a) an order refusing the application;

(

b) an order directing the Registrar to reinstate the person's

registration and reissue the person's practice permit;

(

c) an order to impose specified conditions on the person's

practice permit;

(

d) any order that the Registration Committee considers

necessary for the protection of the public;

(

e) an order directing the applicant to pay any or all of the

College's expenses incurred in respect of the application as

provided for in the bylaws.

Review of decision

35(1) An applicant whose application for reinstatement is refused or

on whose practice permit conditions have been imposed under

section

34 may request a review by the Council.

(2) Sections 31 and 32 of the Act apply to a review under subsection

(1).

Access to decision

36(1) The Registration Committee, under

section 34, and the Council,

under

section 35, may order that its decision be published in a manner

it considers appropriate.

(2) The College must make the decisions under sections 34 and 35

available for 5 years to the public on request.

Information

Information to be provided

37(1) A regulated member or an applicant for registration must

provide the following information, in addition to the information

required under

section 33(3) of the Act, to the Registrar on the request

of the Registrar, on application for registration and when there are any

changes to the information:

(

a) gender;

(

b) date of birth;

(

c) the languages in which a regulated member or an applicant

for registration can provide professional services;

(

d) home address, business mailing address, telephone number,

cell phone number, pager number, emergency contact

telephone number, fax number, e-mail address and website

address;

(

e) full legal name and, if applicable, previous names and

aliases;

(

f) any other college of a regulated health profession in which a

regulated member or an applicant for registration is

registered and whether the regulated member or the applicant

for registration is a practising member of that college;

(

g) names of other jurisdictions in which a regulated member or

an applicant for registration is registered as a naturopathic

practitioner;

(

h) degree and other qualifications, including specialization;

(

i) any restricted activities authorized in

section 14(2) that a

regulated member performed in the previous year;

(

j) a recent passport photo;

(

k) name of the person that is supervising a regulated member, if

a regulated member is registered on the provisional register.

(2) Subject to

section 34(1) of the Act, the College may release the

information collected under subsection (1)

(

a) with the consent of the person whose information it is, or

(

b) in a summarized or statistical form so that it is not possible to

relate the information to any particular identifiable person.

Section 119 information

38 The periods of time during which the College is to provide

information under

section 119(4) of the Act are as follows:

(

a) information referred to in

section 33(3) of the Act entered in

a register for a regulated member, while the registered

member is registered as a member of the College and for 2

years after ceasing to be registered, except for the

information referred to in

section 33(3)(

h) of the Act;

(

b) information referred to in

section 119(1) of the Act

respecting

(

i) the suspension of a regulated member's practice permit,

while the suspension is in effect and for 5 years after the

period of suspension has expired,

(ii) the cancellation of a regulated member's practice

permit, for 5 years after the cancellation,

(iii) the conditions imposed on a regulated member's

practice permit, while the conditions are in effect,

(iv) the directions made that a regulated member cease

providing professional services, while the directions are

in effect, and

(

v) the imposition of a reprimand or fine under

Part 4 of the

Act, for 5 years after the imposition of the reprimand or

fine;

(

c) information as to whether a hearing is scheduled to be held

under

Part 4 of the Act with respect to a named regulated

member, until the hearing is concluded;

(

d) information respecting

(

i) whether a hearing has been held under

Part 4 of the Act

with respect to a named regulated member, for 2 years

from the date the hearing is concluded, and

(ii) a decision and a record of the hearing referred to in

section 85(3) of the Act of a hearing held under

Part 4

of the Act, for 2 years after the date the hearing tribunal

of the College rendered its decision.

Transitional and

Coming into Force

Transitional

39 On the coming into force of this Regulation, a person described in

section 5 of

Schedule 14 to the Act is deemed to be entered on the

regulated members register in the register category that the Registrar

considers appropriate.

Coming into force

40 This Regulation comes into force on the coming into force of

Schedule 14 to the Health Professions Act.

Alberta Regulation 127/2012

Insurance Act

AUTOMOBILE ACCIDENT INSURANCE BENEFITS

AMENDMENT REGULATION

Filed: July 24, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 257/2012)

on July 24, 2012 pursuant to

section 573 of the Insurance Act.

1 The Automobile Accident Insurance Benefits

Regulations (AR 352/72) are amended by this Regulation.

Schedule "A",

Section B - Accident Benefits is amended

under the heading "Special Provisions,

Definitions, and

Exclusions of

Section B" by repealing provision (6)(

c) and

substituting the following:

(

c) Every action or proceeding against the Insurer for the

recovery of a claim under this

Section B must be commenced

not later than 2 years after the cause of action against the

insurer arose.

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

Alberta Regulation 128/2012

Traffic Safety Act

DEMERIT POINT PROGRAM AND SERVICE OF DOCUMENTS

AMENDMENT REGULATION

Filed: July 24, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 258/2012)

on July 24, 2012 pursuant to

section 18 of the Traffic Safety Act.

1 The Demerit Point Program and Service of Documents

Regulation (AR 331/2002) is amended by this Regulation.

2 The following is added after

section 25:

Expiry

25.1 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 June 30, 2016.

Alberta Regulation 129/2012

Insurance Act

FAIR PRACTICES AMENDMENT REGULATION

Filed: July 24, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 256/2012)

on July 24, 2012 pursuant to

section 511 of the Insurance Act.

1 The Fair Practices Regulation (AR 128/2001) is amended

by this Regulation.

Section 5.7 is amended

(

a) in subsection (1) by adding the following after

clause (d):

(d.1) "pressure vessel" means any boiler, vessel or

apparatus and their connected pipes while under

pressure or while in use or operation, but does not

include any tank with an internal diameter of 610

mm or less used for storage of hot water or any

vessel if the maximum internal working pressure

of the vessel does not exceed 103 kilopascals

above atmospheric pressure;

(

b) in subsection (3)

(

i) in clause (

a) by adding the following after

subclause (vi):

(vii) explosion of any pressure vessel, gas turbine or

any moving or rotating machinery or its parts;

(ii) by adding the following after clause (b):

(

c) in respect of property insured under a contract of

boiler and machinery insurance, explosion of gas

or unconsumed fuel within any furnace or within

the passage from a furnace or pressure vessel to

the atmosphere.

Alberta Regulation 130/2012

Builders' Lien Act

BUILDERS' LIEN FORMS AMENDMENT REGULATION

Filed: July 25, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 263/2012)

on July 25, 2012 pursuant to

section 70 of the Builders' Lien Act.

1 The Builders' Lien Forms Regulation (AR 51/2002) is

amended by this Regulation.

Section 9 is amended by striking out "August 31, 2012"

and substituting "August 31, 2015".

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

Alberta Regulation 131/2012

Railway (Alberta) Act

PUBLIC RAILWAY (EXPIRY DATE) AMENDMENT REGULATION

Filed: July 26, 2012

For information only: Made by the Minister of Transportation (M.O. 24/12) on July

18, 2012 pursuant to

section 30 of the Railway (Alberta) Act.

1 The Public Railway Regulation (AR 177/2002) is amended

by this Regulation.

Section 45 is amended by striking out "August 31, 2012"

and substituting "August 31, 2017".

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

Alberta Regulation 132/2012

Government Organization Act

REGISTRY SERVICES (NON-PAYMENT OF FEES)

AMENDMENT REGULATION

Filed: July 30, 2012

For information only: Made by the Minister of Service Alberta (M.O. SA:018/2012)

on July 25, 2012 pursuant to

section 12(1)(

j) of

Schedule 12 of the Government

Organization Act.

1 The Registry Services (Non-Payment of Fees) Regulation

(AR 28/98) is amended by this Regulation.

Section 7 is amended by striking out "July 31, 2012" and

substituting "July 31, 2017".

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

Alberta Regulation 133/2012

Marketing of Agricultural Products Act

ALBERTA OAT GROWERS COMMISSION PLAN REGULATION

Filed: July 30, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 265/2012)

on July 30, 2012 pursuant to sections 16 and 17 of the Marketing of Agricultural

Products Act.

Table of Contents

Definitions

2 Designation of agricultural product

Part 1

General Operation of Plan

Division 1

Plan

3 Plan established

4 Termination of Plan

5 Application of Plan

6 Purpose of Plan

Division 2

Operation of Plan by Commission

7 Commission established

8 Functions of Commission

9 Operation of Plan re regulations

10 Financing of Plan

11 Service charges refundable

12 Collection of service charge

13 Auditor

14 Indemnification fund

15 Honorary memberships, etc.

Part 2

Governance of Plan

Division 1

Producers

16 Eligible producers

17 General rights of eligible producers

18 Eligible producers who are individuals

19 Eligible producers that are not individuals

20 Annual Commission meeting

21 Special Commission meetings

22 Calling of meetings

23 Quorum

Division 2

Board of Directors

24 Board of directors

25 Responsibilities of board of directors

26 Chair and other officers

27 Term of office

28 Removal from office

29 Filling vacancies by appointment

Part 3

Voting and Elections

30 Election of directors

31 Election of director by mail ballot

32 Eligibility re director

33 Quorum

34 Eligibility to vote

35 Must be on list of eligible producers

36 Returning officer

37 Tie votes

38 Controverted election

Part 4

Transitional Provisions

and Review

39 Transitional re directors

40 Review

41 Coming into force

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) "assets" means economic resources controlled by the body as

a result of past transactions and from which future economic

benefits may be obtained;

(d) "auditor" means a person registered under the Regulated

Accounting Profession Act or a firm or partnership of those

persons;

(e) "board" means the board of directors of the Commission;

(f) "Commission" means the Alberta Oat Growers Commission

established under

section 7;

(g) "Council" means the Alberta Agricultural Products

Marketing Council;

(h) "crop year" means the period from August 1 of one year to

July 31 of the following year;

(i) "dealer" means a person or business operation purchasing or

acquiring regulated product from a producer and includes,

but is not limited to,

(

i) elevator companies, grain companies, grain dealers,

food processors, feed manufacturers and livestock

feeders, and

(ii) persons who acquire regulated product from the

producer for sale on the producer's behalf;

(j) "directors" means the board of directors of the Commission;

(k) "eligible producer" means a producer who qualifies as an

eligible producer under

section 16;

(l) "fiscal year" means a year commencing on August 1 and

concluding on July 31;

(m) "investment" means a commitment of assets in order to gain

a financial return but does not include an expenditure of

assets for the purposes of research and development or

current operations;

(n) "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;

(o) "oat" means any seed produced by or any part of the oat plant

Avena sativa L.;

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

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act,

(ii) any unincorporated organization that is not a partnership

referred to in subclause (i), 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);

(q) "producer" means a person who

(

i) grows oats for sale on one or more parcels of land in

Alberta, or

(ii) is entitled, pursuant to a crop share arrangement, to a

share of oats that are grown on the land located in

Alberta;

(r) "regulated product" means oats;

(s) "special Commission meeting" means a special general

meeting of the directors and the eligible producers.

Designation of agricultural product

2 Oats are designated as an agricultural product for the purposes of

the Act.

Part 1

General Operation of Plan

Division 1

Plan

Plan established

3 There is hereby established a plan with the name "Alberta Oat

Growers Commission Plan".

Termination of Plan

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

of time and remains in force unless otherwise terminated pursuant to

the Act.

Application of Plan

5 This Plan applies

(

a) to all of Alberta,

(

b) to all producers in Alberta who produce or market the

regulated product, and

(

c) for the purposes of sections 9(a), (b), (

c) and (

f) and 12,

(

i) to dealers, and

(ii) to any persons who are not producers or dealers and

who market or process the regulated product.

Purpose of Plan

6(1) The purpose of this Plan is to do the following:

(

a) to initiate and carry out projects or programs related to

research and studies with respect to the production and

handling of oats, including research and studies concerning

the development and use of oats that improve the demand,

agronomic competitiveness and profitability of oats to

improve profitability and end use demand;

(

b) to assist, educate and inform producers, dealers and

processors in developing and improving methods regarding

the production and processing of oats;

(

c) to initiate and carry out advertising programs, sales

promotion programs and consumer education programs to

expand the market awareness and demand for oats and oat

products, both within Alberta and in export markets;

(

d) to assist generally in the development and promotion of the

oats industry in Alberta;

(

e) to advise governments on matters concerning the oats

industry;

Government of Alberta with respect to the maintenance of

the quality and standards of the regulated product;

(

g) to participate in programs under the Advance Payments for

Crops Act (Canada);

(

h) to work with any organization that has similar objectives to

those of the Commission.

(2) Under this Plan neither the production nor the marketing of the

regulated product is to be controlled or regulated.

Division 2

Operation of Plan by Commission

Commission established

7 There is hereby established a commission with the name "Alberta

Oat Growers Commission".

Functions of Commission

8(1) The Commission

(

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

regulation, supervision and enforcement of this Plan;

(

b) must

(

i) open one or more accounts in a bank, trust company,

treasury branch, credit union or other depository,

(ii) designate such officers, employees and other persons as

are necessary to transact the Commission's business,

and

(iii) generally do anything that is incidental to or in

connection with the transaction of the business of the

Commission with its bank, trust company, treasury

branch, credit union or other depository;

(

c) when investing its assets must make prudent investments in

accordance with the requirements of

section 3 of the Trustee

Act respecting the investment of assets and may delegate to

an agent in accordance with

section 5(1) to (3) of that Act;

(

d) must establish policies respecting the management of its

assets as required by the Operation of Boards and

Commissions Regulation (AR 26/99);

(

e) may enter into an operating line of credit or other loan

agreement with its bank, trust company, treasury branch,

credit union or other lending institution;

(

f) must maintain such books and records, including financial

records,

(

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;

(

g) must maintain a head office, the location of which, at all

times, is to be made known to each eligible producer;

(

h) may appoint or contract with officers, employees and agents,

prescribe their duties and fix their remuneration;

(

i) subject to the Act, the regulations and any orders of the

Council, may issue such general orders governing the

Commission's internal operation as it may from time to time

determine;

(

j) may become a member of any agricultural organization;

(

k) may contribute funds to any agricultural organization that has

objectives similar to the objectives of the Commission;

(

l) 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);

(

m) subject to

section 11, to finance the purposes of the Plan,

may retain earnings and revenues from year to year.

(2) The books and records referred to in subsection (1)(

f) are to be

open for inspection at the office of the Commission at all reasonable

times on the written request of a member of the Council.

Operation of Plan re regulations

9 For the purposes of enabling the Commission to operate this Plan,

the Commission may be empowered by the Council, pursuant to

section 26 of the Act, to make regulations

(

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

regulated product to furnish to the Commission any

information or record relating to the 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 the 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 this Plan, and

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

service charges;

(

e) respecting the circumstances, if any, under which a service

charge may be refundable to a producer;

(

f) requiring any person who receives the regulated product from

a producer

(

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

service charges payable by the producer to the

Commission, and

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

(

g) providing for the use of any class of service charges 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(1) In accordance with the regulations,

(

a) this Plan is to be financed

(

i) by the charging and collection of service charges from

producers, and

(ii) by any other money payable to or received or accrued

by the Commission;

(

b) the Commission may, from time to time, change the amount

of the service charge, but the change will not be effective

until it has been approved by a majority of the eligible

producers at an annual Commission meeting or a special

Commission meeting.

(2) The initial amount of the service charge to be established after the

coming into force of this Plan is to be established by the Commission

and must be approved by the Council before it becomes effective.

Service charges refundable

11(1) In accordance with the regulations,

(

a) the service charge is refundable to a producer on request of

the producer;

(

b) the request for a refund of the service charge must

(

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, telephone number

and, if available, e-mail address;

(

C) a copy of the original cash ticket showing the total

dollar amount, the quantity of regulated product

sold and the deduction of the service charge;

(

D) the name, mailing address, telephone number and,

if available, e-mail address of any dealer who

collected the service charge on behalf of the

producer;

(

E) the legal land description of the land where the

regulated product was grown;

(

F) the amount of the service charge deducted;

(

G) 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, subject to clause (e), be considered by the

Commission and the producer will not be entitled to a refund

in respect of the service charge in question;

(

e) the Commission may consider an application for a refund

that is received after the applicable time period referred to in

clause (

c) if the Commission is satisfied that extenuating

circumstances exist;

(

f) the Commission must refund the service charge to the

producer within 90 days from the end of the period in which

the request for a refund of the service charge is received, if

the request complies with the regulations.

(2) In the event that within one crop year

(

a) the eligible producers requesting refunds of the service

charge comprise more than 35% of existing eligible

producers, and

(

b) those eligible producers requesting a refund in clause (

a) account for at least 35% of the service charges collected

during the current crop year,

the continued operation of this Plan is to be subject to the approval of a

majority of the eligible producers of the regulated product at a

plebiscite to be held under the direction of the Council pursuant to the

Act.

(3) The Commission must, 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

must collect the service charge for the regulated product by

deducting 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

with respect to the sale by the producer of regulated product

must collect the service charge for the regulated product by

deducting 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 must pay the

amount of the service charge to the Commission within 45

days from the end of the month within which the service

charge was collected;

(

d) all persons required under this Plan to collect and pay to the

Commission the service charge payable by a producer must

(

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 the service charge being paid on

behalf of the producer, and

(

C) the name, mailing address, telephone number and,

if available, e-mail address of the producer.

Auditor

13 The auditor for the Commission is to be appointed from time to

time at an annual Commission meeting or a special Commission

meeting.

Indemnification fund

14 A fund shall not be established under

section 34 or 35 of the Act.

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

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 must 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 are to 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 must 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 continues 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

ceases 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 and subject to this Plan, an eligible producer is

entitled, as a matter of right,

(

a) to attend annual Commission meetings and special

Commission meetings;

(

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

the Commission and the board;

(

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 must appoint an

individual to be the representative of the 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 must appoint an individual who is a director,

shareholder, member, officer or employee of the corporation

as its representative,

(

b) a partnership, it must 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

must appoint an individual who is a member, officer or

employee of the organization as its representative.

(5) An appointment of a representative under this

section must be

(

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) must 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 filed in accordance with subsection (5).

Annual Commission meeting

20(1) An annual Commission meeting must be held for the purposes

of providing the following to the eligible producers:

(

a) information with respect to the Commission;

(

b) an opportunity to provide suggestions and recommendations

to the board.

(2) An annual Commission meeting must be held

(

a) once in each crop year, and

(

b) within 15 months following the date of the commencement

of the last annual Commission meeting.

Special Commission meetings

21 The Commission must hold a special Commission meeting

(

a) when requested to do so by the Council, or

(

b) on the written request of not less than 30% of the eligible

producers.

Calling of meetings

22(1) The Commission shall set the time, place and date of any

annual Commission meeting or special Commission meeting.

(2) The Commission must

(

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, and

(

b) 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) The notice under subsection (2) must state the time, place, date

and purpose of the meeting.

(4) The Commission may provide notice under this

section in any

form or in any manner the Commission considers appropriate.

Quorum

23 The quorum necessary for the conduct of business at an annual

Commission meeting or a special Commission meeting is not fewer

than 15 eligible producers.

Division 2

Board of Directors

Board of directors

24(1) The Commission shall have a board of directors consisting of a

minimum of 6 directors.

Responsibilities of board of directors

25(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.

(2) The board has the power to do all things that are necessary to carry

out the purpose of this Plan and the responsibilities and authority of the

Commission.

(3) The board may authorize any person, entity or committee to

exercise any of the powers of the board 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,

(

a) that person, entity or committee is to report back to the board

with respect to the exercise of that power, and

(

b) the board retains a supervisory function to oversee the

actions of that person, entity or committee in the exercise of

that power.

Chair and other officers

26(1) Following the annual Commission meeting in each year, the

directors shall elect from among the members of the board the officers

of the Commission, including the chair and vice-chair of the

Commission.

(2) The remuneration to be paid to the directors and officers of the

Commission may, from time to time, be prescribed by the board.

Term of office

27(1) Each director may

(

a) hold office for a term of up to 3 years, and

(

b) only hold office for a maximum of 3 consecutive terms.

(2) Notwithstanding subsection (1)(b), an eligible producer who was a

director is once again eligible to be elected as a director if at least one

year has elapsed since that eligible producer's last term as a director

concluded.

(3) The term of office of a director

(

a) commences on the conclusion of the annual Commission

meeting at which the director was declared elected, and

(

b) expires on the conclusion of the annual Commission meeting

that takes place in the year that the director's term of office is

to expire.

Removal from office

28(1) The board may, on a motion passed by two-thirds of the

directors currently in office at a special or regular meeting of the

board, remove a director from office if the director fails to abide by

any of the Commission's policies.

(2) Where a majority of the directors vote in favour of a motion to

remove the chair or vice-chair of the Commission, that person's

position as chair or vice-chair of the Commission on the passing of the

motion becomes vacant.

Filling vacancies by appointment

29(1) If a vacancy occurs on the board, the remaining 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 as a director.

(2) Where an individual is appointed as a director to fill a vacancy,

that director is to serve for the unexpired portion of the term.

(3) Where

(

a) in accordance with this

section a person is appointed to fill a

vacancy, and

(

b) the term of office served by that person pursuant to that

appointment is not greater than 18 months,

the time served by that person as a director pursuant to that

appointment is not to be taken into consideration for the purposes of

section 27.

(4) If the Council declares an election invalid, the Council may

(

a) direct that the Commission fill the vacancy pursuant to this

section, or

(

b) direct that another election be held.

Part 3

Voting and Elections

Election of directors

30(1) The election for directors is to be conducted, subject to

section

38(5), at the annual Commission meeting.

(2) The Commission is to solicit nominations for the position of

director

(

a) by publishing a notice in the Commission's newsletter, or

(

b) by any others means of notice that the board determines.

(3) A nomination referred to in subsection (2) must be

(

a) in writing and filed at the Commission's office by a date

fixed by the Commission,

(

b) signed by at least 3 eligible producers, and

(

c) accompanied by the written consent of the eligible producer

who is being nominated as a director.

Election of director by mail ballot

31(1) Notwithstanding

section 30, the Commission may direct that

the election of a director be carried out by means of a mail ballot.

(2) Where an election is to be carried out by means of a mail ballot,

(a) subsections (2) and (3) but not (1) of

section 30 apply to the

election;

(

b) the mail ballot must be designed for a secret vote;

(

c) the election must be conducted in such a manner so as to

ensure a secret vote;

(

d) a mail ballot must be made available to each eligible

producer by being mailed to each eligible producer at least 30

days prior to the ballot closing date;

(

e) the ballot closing date

(

i) is to be fixed by the Commission, and

(ii) must be a date that is within 42 days immediately

preceding the annual Commission meeting.

(3) If the eligible producers fail to elect a director by means of a mail

ballot, the election of the director is to be held at the next annual

Commission meeting that is held after the time at which election by

means of a mail ballot was to have been held.

Eligibility re director

32 To be eligible as a director a person must be an eligible producer.

Quorum

33(1) At a meeting of the board, the quorum necessary for the

conduct of business is a majority of the directors holding office at the

time.

(2) In determining a quorum under subsection (1), vacant positions on

the board shall not be considered.

Eligibility to vote

34(1) An eligible producer is eligible to vote

(

a) 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,

(

b) in any election for a director that is conducted at an annual

Commission meeting if the eligible producer is present at the

meeting and eligible to vote in such an election, and

(

c) in an election for a director that is conducted by means of a

mail ballot.

(2) An eligible producer, irrespective as to whether the eligible

producer is or is not an individual, may vote once only on each matter

put to a vote.

(3) 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.

Must be on list of eligible producers

35 An eligible producer shall only cast a vote under this Plan if the

eligible producer's name appears on the current list of eligible

producers.

Returning officer

36(1) The Commission is to 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

(

a) must compile and maintain a voters list of eligible producers

who are entitled to vote under this Plan,

(

b) is to ensure that a person does not cast a vote, except in

accordance with this Plan, and

(

c) must 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.

Tie votes

37 If there occurs a tie vote for the position of director, the returning

officer or deputy returning officer must immediately select by a draw,

drawn from the names of all the tied candidates, the name of the

candidate to fill the position and the person whose name is drawn is

deemed to have been elected to that position.

Controverted election

38(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 may, 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 must

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 is

to serve for the unexpired portion of the term.

Part 4

Transitional Provisions and Review

Transitional re directors

39(1) Notwithstanding

section 27(1), at the initial election for

directors and regional representatives held after this Plan comes into

force,

(

a) a maximum of 2 directors are to be elected for a term of 3

years,

(

b) a maximum of 2 directors are to be elected for a term of 2

years, and

(

c) a minimum of 2 directors are to be elected for a term of 1

year.

(2) At the conclusion of the terms referred to in subsection (1),

directors are to be elected for a term of office in accordance with

section 27(1).

(3) In determining under

section 27 whether an eligible producer is

eligible to be a director, the term of office served under

section

27(1)(

a) or (

b) is to be considered as a term of office.

Review

40 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before July 31, 2017.

Coming into force

41 This Regulation comes into force on August 1, 2012.

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

Alberta Regulation 134/2012

Marketing of Agricultural Products Act

ALBERTA WHEAT COMMISSION PLAN REGULATION

Filed: July 30, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 266/2012)

on July 30, 2012 pursuant to sections 16 and 17 of the Marketing of Agricultural

Products Act.

Table of Contents

Definitions

2 Designation of agricultural product

Part 1

General Operation of Plan

Division 1

Plan

3 Plan established

4 Termination of Plan

5 Application of Plan

6 Purpose of Plan

Division 2

Operation of Plan by Commission

7 Commission established

8 Functions of Commission

9 Operation of Plan re regulations

10 Financing of Plan

11 Service charges refundable

12 Collection of service charge

13 Auditor

14 Indemnification fund

15 Honorary memberships, etc.

Part 2

Governance of Plan

Division 1

Producers

16 Eligible producers

17 General rights of producers

18 Eligible producers who are individuals

19 Producers that are not individuals

20 Annual Commission meeting

21 Special Commission meetings

22 Calling of meetings

23 Quorum

Division 2

Regions

24 Regions

25 Regional representatives

26 Annual region meeting

Division 3

Board of directors

27 Board of directors

28 Director-at-large

29 Responsibilities of board of directors

30 Quorum

31 Committees

32 Chair and other officers

33 Term of office

34 Removal from office

35 Filling vacancies by appointment

Part 3

Voting and Elections

36 Election of directors

37 Eligibility to vote

38 Must be on list of eligible producers

39 Returning officer

40 Tie votes

41 Controverted election

Part 4

Transitional Provisions,

Review and Repeal

42 Transitional re directors

43 Transitional

44 Review

45 Repeal

46 Coming into force

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) "assets" means economic resources controlled by the board

of the Commission as a result of past transactions and from

which future economic benefits may be obtained;

(d) "auditor" means a person registered under the Regulated

Accounting Profession Act or a firm or partnership of those

persons;

(e) "board" means the board of directors of the Commission;

(f) "Commission" means the Alberta Wheat Commission

established under

section 7;

(g) "Council" means the Alberta Agricultural Products

Marketing Council;

(h) "dealer" means a person or business operation purchasing or

acquiring regulated product from a producer and includes,

but is not limited to,

(

i) elevator companies, grain companies, grain dealers and

grain brokers,

(ii) processors and manufacturers of food, feed, fibre, fuel

and industrial products,

(iii) livestock and poultry producers and feeders who

purchase or acquire regulated product from other

producers, and

(iv) persons who acquire regulated product from the

producer for sale on the producer's behalf;

(i) "directors" means the board of directors of the Commission;

(j) "eligible producer" means a producer who qualifies as an

eligible producer under

section 16;

(k) "fiscal year" means a year commencing on August 1 and

concluding on July 31;

(l) "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;

(m) "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);

(n) "producer" means a person who

(

i) grows wheat for sale on land in Alberta, or

(ii) is entitled, pursuant to a crop share arrangement, to a

share of the wheat that is grown on the land located in

Alberta;

(o) "regulated product" means wheat;

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

meeting of the directors and the eligible producers;

(q) "wheat" means any wheat that falls under the genus and

species TRITICUM AESTIVUM L. em THELL and

includes, but is not limited to cultivars of the following wheat

classes that fall under the Canada Grain Regulations (CRC,

c. 889), including all eligible grades of these wheat classes as

specified by the Canadian Grain Commission grade

standards, including tough, damp and feed wheat:

(

i) Canada Western Red Spring;

(ii) Canada Western Amber Durum;

(iii) Canada Western Soft White Spring;

(iv) Canada Western Red Winter;

(

v) Canada Western Extra Strong;

(vi) Canada Prairie Spring Red;

(vii) Canada Western General Purpose;

(viii) Canada Prairie Spring White;

(ix) Canada Western Hard White Spring;

(r) "wheat class" means the class of wheat specified in the

Canada Grains Act and the Canada Grain Regulations

(CRC, c. 889).

Designation of agricultural product

2 Wheat is designated as an agricultural product for the purposes of

the Act.

Part 1

General Operation of Plan

Division 1

Plan

Plan established

3 There is hereby established a plan with the name "Alberta Wheat

Commission Plan".

Termination of Plan

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

of time and remains in force unless otherwise terminated pursuant to

the Act.

Application of Plan

5 This Plan applies

(

a) to all of Alberta,

(

b) to all producers in Alberta who produce or market the

regulated product, and

(

c) for the purposes of sections 9(a), (b), (c), (

f) and (

h) and 12,

(

i) to dealers, and

(ii) to any persons who are not producers or dealers and

who market or process the regulated product.

Purpose of Plan

6(1) The purpose of this Plan is to do the following:

(

a) to initiate and carry out projects or programs related to

research and studies with respect to the production and

handling of wheat, including research and studies concerning

the development and use of wheat that improves the demand,

agronomic competitiveness and profitability of wheat;

(

b) to assist, educate and inform producers, dealers and others in

developing and improving methods regarding the production

and processing of wheat;

(

c) to initiate and carry out programs, including sale promotion

programs and consumer education programs to expand the

market awareness and demand for wheat and wheat products,

both within Alberta and export markets;

(

d) to assist generally in the development and promotion of the

wheat industry in Alberta;

(

e) to advise governments on matters concerning the wheat

industry;

Government of Alberta with respect to the maintenance of

the quality and standards of the regulated product;

(

g) to work with any organization that has similar objectives to

those of the Commission.

(2) Under this Plan neither the production nor the marketing of the

regulated product is to be controlled or regulated.

Division 2

Operation of Plan by Commission

Commission established

7 There is hereby established a commission with the name "Alberta

Wheat Commission".

Functions of Commission

8(1) The Commission

(

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

regulation, supervision and enforcement of this Plan;

(

b) must

(

i) open one or more accounts in a bank, trust company,

treasury branch, credit union or other depository,

(ii) designate such officers, employees and other persons as

are necessary to sign cheques and transact the

Commission's business, and

(iii) generally do anything that is incidental to or in

connection with the transaction of the business of the

Commission with its bank, trust company, treasury

branch, credit union or other depository;

(

c) when investing its assets must make prudent investments in

accordance with the requirements of

section 3 of the Trustee

Act respecting the investment of assets and may delegate to

an agent in accordance with

section 5(1) to (3) of that Act;

(

d) must establish policies respecting the management of its

assets as required by the Operation of Boards and

Commissions Regulation (AR 26/99);

(

e) may enter into an operating line of credit or other loan

agreement with its bank, trust company, treasury branch,

credit union or other lending institution;

(

f) must maintain such books and records, including financial

records,

(

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;

(

g) must maintain a head office, the location of which, at all

times, is to be made known to each eligible producer;

(

h) may appoint or contract with officers, employees and agents,

prescribe their duties and fix their remuneration;

(

i) subject to the Act, may issue administrative orders and

directions governing the Commission;

(

j) may become a member of any agricultural organization;

(

k) may contribute funds to any agricultural organization that has

objectives similar to the objectives of the Commission;

(

l) 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) or the

Canada Grains Act;

(

m) subject to

section 11, to finance the purposes of the Plan,

may retain earnings and revenues from year to year.

(2) The books and records referred to in subsection (1)(

f) are to be

open for inspection at the office of the Commission at all reasonable

times on the written request of a member of the Council.

Operation of Plan re regulations

9 For the purposes of enabling the Commission to operate this Plan,

the Commission may be empowered by the Council, pursuant to

section 26 of the Act, to make regulations

(

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

regulated product to furnish to the Commission any

information or record relating to the 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 the 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 this Plan, and

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

service charges;

(

e) respecting the circumstances, if any, under which a service

charge may be refundable to a producer;

(

f) requiring any person who receives the regulated product from

a producer

(

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

service charges payable by the producer to the

Commission, and

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

(

g) providing for the use of any class of service charges 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;

(

h) prohibiting persons from engaging in the marketing or

processing, as the case may be, of a regulated product except

under the authority of a licence issued under this plan.

Financing of Plan

10(1) In accordance with the regulations,

(

a) this Plan is to be financed

(

i) by the charging and collection of service charges from

producers, and

(ii) by any other money payable to or received or accrued

by the Commission;

(

b) the Commission may, from time to time, change the amount

of the service charge, but the change will not be effective

until it has been approved by a majority of the eligible

producers at an annual Commission meeting or a special

Commission meeting.

(2) The initial amount of the service charge to be established after the

coming into force of this Plan is to be established by the Commission

and must be approved by the Council before it becomes effective.

Service charges refundable

11(1) In accordance with the regulations,

(

a) the service charge is refundable to a producer on request of

the producer;

(

b) the request for a refund of the service charge must

(

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, telephone number

and, if available, e-mail address;

(

C) the wheat class or wheat classes of the regulated

product sold;

(

D) the total quantity of the regulated product sold in

metric tonnes or portion thereof and the total

amount of the service charge deducted;

(

E) the name, mailing address, telephone number and

if available, e-mail address of any dealer who

collected the service charge on behalf of the

producer;

(

F) any other information in respect of the refund that

is requested by the Commission;

(

G) the legal land description of the land where the

regulated product was grown;

(

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 the

service charge in question;

(

e) the Commission must refund the service charge to the

producer within 90 days from the end of the period in which

the request for a refund of the service charge is received, if

the request complies with the regulations.

(2) In the event that within one fiscal year

(

a) the eligible producers requesting refunds of the service

charge comprise more than 35% of existing eligible

producers, and

(

b) those eligible producers requesting a refund in clause (

a) account for at least 35% of the service charges collected

during the current fiscal year,

the continued operation of this Plan is to be subject to the approval of a

majority of the eligible producers of the regulated product at a

plebiscite to be held under the direction of the Council pursuant to the

Act.

(3) The Commission must, within 90 days following the end of a

fiscal year, report to the Council the refunds made under this

section

for that fiscal 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

must collect the service charge for the regulated product by

deducting 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

with respect to the sale by the producer of regulated product

must collect the service charge for the regulated product by

deducting 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 must pay the

amount of the service charge to the Commission within 55

days from the end of the month within which the service

charge was collected;

(

d) all persons required under this Plan to collect and pay to the

Commission the service charge payable by a producer must

(

i) pay the service charge to the Commission, and

(ii) provide to the Commission, for each producer, a

summary detailing

(

A) the amount of the regulated product in metric

tonnes or portions thereof obtained from the

producer,

(

B) the wheat class of the regulated product,

(

C) the amount of the service charge being paid on

behalf of the producer, and

(

D) the name, mailing address, telephone number and,

if available, e-mail address of the producer.

Auditor

13 The auditor for the Commission is to be appointed from time to

time at an annual Commission meeting or a special Commission

meeting.

Indemnification fund

14 A fund shall not be established under

section 34 or 35 of the Act.

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

Producers

Eligible producers

16 For the purposes of this Plan,

(

a) any producer who has paid a service charge under this Plan

in a fiscal year is an eligible producer for that fiscal year;

(

b) the Commission must 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 fiscal

year are to be included on the list of eligible producers for

that fiscal year;

(

d) any producer who is not listed on the Commission's list of

eligible producers must 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

fiscal year for which the application is made;

(

e) once a producer is listed with the Commission as an eligible

producer, the producer continues to be recognized as an

eligible producer from fiscal year to fiscal year, unless the

eligible producer ceases to pay a service charge under this

Plan in 2 subsequent fiscal years, in which case the producer

ceases 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 fiscal year in which the producer

pays a service charge under this Plan.

General rights of producers

17 In accordance with and subject to this Plan, an eligible producer is

entitled, as a matter of right,

(

a) to attend annual Commission meetings, special Commission

meetings and annual region meetings;

(

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

the Commission and the board;

(

c) to vote on any matter under this Plan;

(

d) to vote in any election for directors where the eligible

producer is eligible to vote;

(

e) to hold office as a regional representative or 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.

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 must 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 must appoint an individual who is a director,

shareholder, member, officer or employee of the corporation

as its representative,

(

b) a partnership, it must 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

must appoint an individual who is a member, officer or

employee of the organization as its representative.

(5) An appointment of a representative under this

section must be

(

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 a producer shall not cast

a vote under this Plan unless

(

a) the individual presents a document signed by the producer

indicating the name of the person who may vote for the

producer, or

(

b) the individual makes a 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 declaration made under subsection (6)(

b) must 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 filed in accordance with subsection (5).

Annual Commission meeting

20(1) An annual Commission meeting must be held for the purposes

(

a) providing information with respect to the Commission,

(

b) providing suggestions and recommendations to the board,

and

(

c) electing a director-at-large, when necessary to do so.

(2) An annual Commission meeting must be held

(

a) once in each fiscal year, and

(

b) within 15 months following the date of the commencement

of the last annual Commission meeting.

Special Commission meetings

21 The Commission must hold a special Commission meeting

(

a) when requested to do so by the Council, or

(

b) on the written request of not less than 25 eligible producers.

Calling of meetings

22(1) The Commission shall set the time, place and date of any

annual Commission meeting or special Commission meeting.

(2) The Commission must

(

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, and

(

b) 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) The notice under subsection (2) must state the time, place, date

and purpose of the meeting.

(4) The Commission may provide notice under this

section in any

form or in any manner the Commission considers appropriate.

Quorum

23 The quorum necessary for the conduct of business at an annual

Commission meeting or a special Commission meeting is not fewer

than 25 eligible producers.

Division 2

Regions

Regions

24(1) For the purpose of this Plan, Alberta is divided into 5 regions as

set out in the

Schedule to this Plan.

(2) Each region is entitled to have up to 2 regional directors.

(3) In order to be eligible as a regional director, an individual must

(

a) be an eligible producer under this Plan, and

(

b) carry on production within the region.

Regional representatives

25(1) Each region may elect up to 3 eligible producers who carry on

production within the region to

(

a) act as a regional representative for producers in the region,

(

b) assist with the organization of the annual region meeting,

(

c) provide advice to the regional directors and the board,

(

d) be appointed by the board to sit as a member of a committee

established by the board, and

(

e) be appointed by the board to represent the Commission on

any task force, committee, group or organization of which

the Commission is a member.

(2) The regional representatives are to be elected at the annual region

meeting and take office at the conclusion of the annual region meeting

at which they were declared elected.

(3) Regional representatives remain in office for three years following

the annual region meeting at which they were elected.

(4) Regional directors may appoint eligible producers to fill vacant

regional representative positions for the unexpired portion of the term.

(5) Regional directors must notify the Commission of any election

result or appointment of regional representatives.

Annual region meeting

26(1) An annual region meeting must be held every fiscal year in each

region.

(2) The annual region meeting must

(

a) be organized by the regional directors and regional

representatives, and

(

b) be financed by the Commission.

(3) The purposes of the annual region meeting are

(

a) when necessary, to conduct the election of regional directors

to the board,

(

b) when necessary, to conduct elections for regional

representatives,

(

c) to provide the producers of the region

(

i) information concerning the Commission and the

operation of the Plan, and

(ii) an opportunity for eligible producers to provide the

Commission suggestions and recommendations,

and

(

d) to provide a forum for the producers of a region.

(4) The time, place and date of any annual region meeting is to be set

by the regional director for that region.

(5) The Commission is to notify all of the eligible producers who

carry out production of the regulated product within a region of any

annual region meeting for that region.

(6) A notice of a meeting must set forth the time, place, date and

purpose of the meeting.

(7) Only eligible producers who carry on production within the region

are eligible to vote in any election for regional directors or regional

representatives for that region.

(8) The quorum necessary for the conduct of business at an annual

region meeting is not fewer than 10 eligible producers.

Division 3

Board of Directors

Board of directors

27(1) The Commission shall have a board made up of 11 directors.

(2) The Commission shall have up to 10 regional directors and one

director-at-large.

(3) The regional directors and the director-at-large must be eligible

producers.

Director-at-large

28(1) The eligible producers for all the regions are entitled to elect, in

accordance with this Plan, a director-at-large to represent the eligible

producers in general.

(2) The term of office for a director-at-large is 3 years.

(3) Any person who is eligible to serve as director-at-large may be

nominated for election as director-at-large.

(4) Eligible producers from any region may vote for the

director-at-large at an annual Commission meeting.

Responsibilities of board of directors

29(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.

(2) The board has the power to do all things that are necessary to carry

out the purpose of this Plan and the responsibilities and authority of the

Commission.

(3) The board may authorize any person, entity or committee to

exercise any of the powers of the board 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,

(

a) that person, entity or committee is to report back to the board

with respect to the exercise of that power, and

(

b) the board retains a supervisory function to oversee the

actions of that person, entity or committee in the exercise of

that power.

Quorum

30(1) At a meeting of the board, the quorum necessary for the

conduct of business is a majority of the directors holding office at the

time.

(2) In determining a quorum under subsection (1), vacant positions on

the board shall not be considered.

Committees

31(1) The board may form committees to provide the board with

advice on a wheat class or multiple wheat classes of the regulated

product or to provide the board with advice on any other matter.

(2) When forming committees the board is to consider directors and

regional representatives as committee members.

(3) The board may also appoint knowledgeable industry experts and

advisors to the committees.

Chair and other officers

32(1) Following the annual Commission meeting in each year, or

when the chair or the vice-chair positions are vacant, the directors shall

elect from among the members of the board the officers of the

Commission, including the chair and vice-chair of the Commission.

(2) The remuneration to be paid to the directors, regional

representatives, committee members and officers of the Commission

may, from time to time, be prescribed by the board.

Term of office

33(1) Each director, including a director-at-large, may

(

a) hold office for a term of up to 3 years, and

(

b) only hold office for a maximum of

(i) 2 consecutive terms, or

(ii) 6 years,

whichever is the longer period of time.

(2) Notwithstanding subsection (1)(b), an eligible producer who was a

director is once again eligible to be elected as a director if at least one

year has elapsed since that eligible producer's last term as a director

concluded.

(3) The term of office of a director

(

a) commences on the conclusion of the annual Commission

meeting at which the director was declared elected, and

(

b) expires on the conclusion of the annual Commission meeting

that takes place in the year that the director's term of office is

to expire.

Removal from office

34(1) The board may, on a motion passed by two thirds of the

directors currently in office at a meeting of the board of directors,

remove a director from office if the director fails to abide by any of the

Commission's policies.

(2) Where a majority of the directors vote in favour of a motion to

remove the chair or vice-chair of the Commission, that person's

position as chair or vice-chair of the Commission on the passing of the

motion becomes vacant, but that individual remains a director.

Filling vacancies by appointment

35(1) If a vacancy occurs on the board, the remaining 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 as a director.

(2) When appointing an individual to fill a director vacancy under

subsection (1), the board must consider regional representatives who

are eligible to be elected as a director.

(3) Where an individual is appointed as a director to fill a vacancy,

that director is to serve for the unexpired portion of the term.

(4) Where

(

a) in accordance with this

section a person is appointed to fill a

vacancy, and

(

b) the term of office served by that person pursuant to that

appointment is not greater than 18 months,

the time served by that person as a director pursuant to that

appointment is not to be taken into consideration for the purposes of

section 33.

(5) If the Council declares an election invalid, the Council may

(

a) direct that the Commission fill the vacancy pursuant to this

section, or

(

b) direct that another election be held.

Part 3

Voting and Elections

Election of directors

36(1) The election for regional directors is to be conducted, subject to

section 41(5), at the annual region meetings.

(2) The Commission is to solicit nominations for the position of

director for each region and director-at-large.

(

a) by publishing a notice in the Commission's newsletter, or

(

b) by any others means of notice that the board determines.

(3) A nomination referred to in subsection (2) must be

(

a) in writing and filed at the Commission's office by a date

fixed by the Commission,

(

b) signed by at least 3 eligible producers in respect of which the

election is to be held, and

(

c) accompanied by the written consent of the eligible producer

who is being nominated as a director.

Eligibility to vote

37(1) An eligible producer is eligible to vote

(

a) 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,

and

(

b) in any election for a regional director or regional

representative that is conducted at an annual region meeting

if the eligible producer is present at that meeting and eligible

to vote in such an election.

(2) An eligible producer, irrespective as to whether the eligible

producer is or is not an individual, may vote once only on each matter

put to vote.

(3) 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.

Must be on list of eligible producers

38 An eligible producer shall only cast a vote under this Plan if the

eligible producer's name appears on the current list of eligible

producers.

Returning officer

39(1) The Commission is to appoint a returning officer for the

purposes of and in connection with any director election or vote taken

at an annual region meeting, an annual Commission meeting or a

Special Commission meeting 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

(

a) must compile and maintain a voters list of eligible producers

who are entitled to vote under this Plan;

(

b) is to ensure that a person does not cast a vote, except in

accordance with this Plan;

(

c) must 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.

Tie votes

40 If there occurs a tie vote for the position of director or

director-at-large, the returning officer or deputy returning officer must

immediately select by a draw, drawn from the names of all the tied

candidates, the name of the candidate to fill the position and the person

whose name is drawn is deemed to have been elected to that position.

Controverted election

41(1) In respect of director elections, 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,

that eligible producer may, 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 must

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 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 term of office would commence under this Plan.

(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 is

to serve for the unexpired portion of the term.

Part 4

Transitional Provisions,

Review and Repeal

Transitional re directors

42(1) Notwithstanding sections 25(3) and 33(1), at the initial election

for directors and regional representatives held after this Plan comes

into force,

(

a) a maximum of 2 directors and a maximum of 3 regional

representatives are to be elected in each of regions 1 and 5

for a term of one year,

(

b) a maximum of 2 directors and 3 regional representatives are

to be elected in each of regions 2 and 4 for a term of 2 years,

and

(

c) a maximum of 2 directors and 3 regional representatives are

to be elected in region 3 for a term of 3 years.

(2) At the conclusion of the terms referred to in subsection (1),

directors are to be elected for a term of office in accordance with

section 33(1) and regional representatives are to be elected for a term

of office in accordance with

section 25(3).

(3) In determining under

section 33 whether an eligible producer is

eligible to be a director, the term of office served under subsection

(1)(

a) or (

b) is not to be considered as a term of office.

Transitional

43(1) In this section,

(a) "former Regulations" means Alberta Winter Wheat

Producers Marketing Plan Regulation (AR 112/99) and the

Alberta Soft Wheat Producers Plan Regulation (AR 23/99);

(b) "new Plan" means the Alberta Wheat Commission Plan

established under

section 3 of this Regulation;

(c) "previous boards" means the board of directors of the Alberta

Soft Wheat Producers Commission and the board of directors

of the Alberta Winter Wheat Producers Commission;

(d) "previous Commissions" means the Alberta Soft Wheat

Commission continued under the Alberta Soft Wheat

Producers Plan Regulation (AR 23/99) and the Alberta

Winter Wheat Producers Commission continued under the

Alberta Winter Wheat Producers Marketing Plan Regulation

(AR 112/99);

(e) "previous Plans" means the Alberta Winter Wheat Producers

Marketing Plan continued under the Alberta Winter Wheat

Producers Marketing Plan Regulation (AR 112/99) and the

Alberta Soft Wheat Producers Plan continued under the

Alberta Soft Wheat Producers Plan Regulation (AR 23/99) as

they read immediately before the coming into force of this

Regulation.

(2) On the coming into force of this Regulation, the directors of the

board are the directors appointed by the Council until they are replaced

by directors who are elected under

section 42.

(3) All assets, liabilities and obligations of the previous Commissions

are assumed by the new Commission.

(4) Any obligation or liability that a person has

(

a) under the previous Plans is deemed to be an obligation or

liability, as the case may be, under the new Plan, or

(

b) with or in respect of the previous boards, is deemed to be an

obligation or liability, as the case may be, with or in respect

of the new board.

(5) Any reference to the previous boards or the previous Plans in any

document, agreement or regulation that is subsisting or in force

immediately before the coming into force of the new Plan is deemed to

be a reference to the new board or the new Plan, as the case may be.

(6) Any proceeding that has been commenced but not completed

under the previous Plans or in respect of the previous boards may be

continued and completed under the new Plan or in respect of the new

board.

(7) Any matters or business of the previous boards that was in

progress at the time of the coming into force of the new Plan may be

continued by the board.

(8) An eligible producer under the former Regulations continues to be

an eligible producer under this Regulation for the 2012-2013 and

2013-2014 fiscal years.

(9) Notwithstanding

section 45, sections 11 and 12 of the Alberta

Winter Wheat Producers Marketing Plan Regulation (AR 112/99),

sections 2 and 5 of the Alberta Winter Wheat Producers Marketing

Regulation (AR 121/99), sections 11 and 12 of the Alberta Soft Wheat

Producers Plan Regulation (AR 23/99) and sections 2 and 5 of the

Alberta Soft Wheat Producers Marketing Regulation (AR 34/99) are

deemed to continue in force with the following modifications:

(

a) a producer under the former Regulations is deemed to be a

producer under this Regulation;

(

b) regulated product under the former Regulations is deemed to

be a regulated product under this Regulation;

(

c) Commission under the former Regulations is deemed to be

the Commission under this Regulation.

(10) A request for a refund of a service charge paid under the former

Regulations shall be made to the Commission, and the processing of

those refunds shall be made in accordance with the provisions set out

in subsection (9).

(11) Subsections (9) and (10) expire on December 31, 2012.

Review

44 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before April 30, 2018.

Repeal

45 Subject to

section 43, the Alberta Soft Wheat Producers Plan

Regulation (AR 23/99) and the Alberta Winter Wheat Producers

Marketing Plan Regulation (AR 112/99) are repealed.

Coming into force

46 This Regulation comes into force on August 1, 2012.

Schedule

Boundaries of the Regions

1 Region 1 is made up of the area that is included in the following:

(

a) Cypress County;

(

b) County of Forty Mile No. 8;

(

c) County of Warner No. 5;

(

d) County of Lethbridge;

(

e) Municipal District of Taber;

(

f) County of Newell No. 4;

(

g) Cardston County;

(

h) Municipal District of Pincher Creek No. 9;

(

i) Municipal District of Willow Creek No. 26;

(

j) Improvement District No. 4 (Waterton);

(

k) Municipality of Crowsnest Pass;

(

l) Municipal District of Ranchland No. 66;

(

m) any city, town, village or summer village that is encompassed

by the area described in clauses (

a) to (l).

2 Region 2 is made up of the area that is included in the following:

(

a) Special Area No. 2;

(

b) Special Area No. 3;

(

c) Special Area No. 4;

(

d) Vulcan County;

(

e) Wheatland County;

(

f) Starland County;

(

g) Kneehill County;

(

h) Municipal District of Foothills No. 31;

(

i) Municipal District of Rocky View No. 44;

(

j) Mountain View County;

(

k) Municipal District of Acadia No. 34;

(

l) Municipal District of Bighorn No. 8;

(

m) Improvement District No. 9 (Banff);

(

n) Kananaskis Improvement District;

(

o) any city, town, village or summer village that is encompassed

by the area described in clauses (

a) to (n).

3 Region 3 is made up of the area that is included in the following:

(

a) Municipal District of Provost No. 52;

(

b) County of Paintearth No. 18;

(

c) County of Stettler No. 6;

(

d) Flagstaff County;

(

e) Municipal District of Wainwright No. 61;

(

f) Red Deer County;

(

g) Lacombe County;

(

h) Ponoka County;

(

i) Clearwater County;

(

j) any city, town, village or summer village that is encompassed

by the area described in clauses (

a) to (i).

4 Region 4 is made up of the area that is included in the following:

(

a) Camrose County;

(

b) Beaver County;

(

c) County of Minburn No. 27;

(

d) County of Vermilion River No. 24;

(

e) County of Two Hills No. 21;

(

f) Lamont County;

(

g) County of Wetaskiwin No. 10;

(

h) Leduc County;

(

i) Brazeau County;

(

j) Parkland County;

(

k) Strathcona County;

(

l) Sturgeon County;

(

m) Municipal District of Bonnyville No. 87;

(

n) Lac La Biche County;

(

o) County of St. Paul No. 19;

(

p) Smoky Lake County;

(

q) Regional Municipality of Wood Buffalo;

(

r) Improvement District No. 24 (Wood Buffalo);

(

s) Improvement District No. 13 (Elk Island);

(

t) any city, town, village or summer village that is encompassed

by the area described in clauses (

a) to (s).

5 Region 5 is made up of the area that is included in the following:

(

a) Lac Ste. Anne County;

(

b) County of Barrhead No. 11;

(

c) Westlock County;

(

d) Woodlands County;

(

e) County of Thorhild No. 7;

(

f) Athabasca County;

(

g) Yellowhead County;

(

h) Northern Sunrise County;

(

i) Municipal District of Big Lakes;

(

j) Municipal District of Opportunity No. 17;

(

k) Municipal District of Lesser Slave River No. 124;

(

l) Clear Hills County;

(

m) County of Northern Lights;

(

n) Mackenzie County;

(

o) Municipal District of Greenview No. 16;

(

p) County of Grande Prairie No. 1;

(

q) Municipal District of Smoky River No. 130;

(

r) Birch Hills County;

(

s) Municipal District of Spirit River No. 133;

(

t) Saddle Hills County;

(

u) Municipal District of Fairview No. 136;

(

v) Municipal District of Peace No. 135;

(

w) Improvement District No. 12 (Jasper National Park);

(

x) Municipality of Jasper;

(

y) Improvement District No. 25 (Willmore Wilderness);

(

z) any city, town, village or summer village that is encompassed

by the area described in clauses (

a) to (y).

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

Alberta Regulation 135/2012

Marketing of Agricultural Products Act

ALBERTA OAT GROWERS COMMISSION

AUTHORIZATION REGULATION

Filed: July 31, 2012

For information only: Made by the Alberta Agricultural Products Marketing Council

on July 30, 2012 and approved by the Minister of Agriculture and Rural Development

pursuant to

section 26 of the Marketing of Agricultural Products Act.

Definitions

1(1) In this Regulation,

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

(b) "Commission" means the Commission established under the

Plan with the name "Alberta Oat Growers Commission";

(c) "Plan" means the Alberta Oat Growers Commission Plan

Regulation.

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

used in this Regulation.

Regulations made under

section 26 of the Act

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

the Commission is hereby authorized under

section 26 of the Act to

make the following regulations:

(

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

regulated product to furnish to the Commission any

information or record relating to the production, marketing or

processing of the regulated product that the Commission

considers necessary;

(

b) requiring persons other than producers to be licensed under

the Plan before they become engaged in the marketing and

processing, or either of those functions, of the regulated

product;

(

c) governing the issuance, suspension or cancellation of a

licence issued under the 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 the regulated product from

a producer

(

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

service charges payable by the producer to the

Commission, and

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

(

g) providing for the use of any class of service charges or other

money payable to or received by the Commission for the

purpose of paying its expenses and administering the Plan

and the regulations made by the Commission.

Expiry

3 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 July 31, 2017.

Coming into force

4 This Regulation comes into force on August 1, 2012.

Alberta Regulation 136/2012

Marketing of Agricultural Products Act

ALBERTA WHEAT COMMISSION AUTHORIZATION REGULATION

Filed: July 31, 2012

For information only: Made by the Alberta Agricultural Products Marketing Council

on July 30, 2012 and approved by the Minister of Agriculture and Rural Development

pursuant to

section 26 of the Marketing of Agricultural Products Act.

Definitions

1(1) In this Regulation,

(a) "Commission" means the Alberta Wheat Commission;

(b) "Plan" means the Alberta Wheat Commission Plan.

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

Wheat Commission Plan Regulation have the same meaning as defined

in that Regulation.

Regulations made under

section 26 of the Act

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

the Commission may be empowered by the Council, pursuant to

section 26 of the Act, to make regulations

(

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

regulated product to furnish to the Commission any

information or record relating to the 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 the 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