Alberta Regulation 137/2012

Marketing of Agricultural Products Act

ALBERTA WHEAT COMMISSION REGULATION

Filed: August 1, 2012

For information only: Made by the Alberta Wheat Commission on August 1, 2012

and approved by the Agricultural Products Marketing Council on August 1, 2012

pursuant to

section 26 of the Marketing of Agricultural Products Act.

Table of Contents

Definitions

2 Service charges

3 Variation of service charge

4 Collection of service charge

5 Refund of service charges

6 Dealer's licence required

7 Application for dealer's licence

8 Granting of dealer's licence

9 Licence refused, suspended, cancelled, not renewed

10 Inspection of records

11 Use of funds

12 Interest on late payment of service charges

13 Legal action

14 Expiry

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.

Service charges

2 Any producer who sells any regulated product shall pay to the

Commission a service charge in the amount of $0.70 per metric tonne

or portion of a metric tonne of regulated product sold.

Variation of service charge

3(1) The Commission may, from time to time, change the amount of

the service charge.

(2) Notwithstanding subsection (1), a change in the amount of the

service charge shall not be effective until it has been approved by a

vote of the producers at an annual Commission meeting or a special

Commission meeting.

Collection of service charge

4(1) Any dealer who

(

a) purchases regulated product from a producer, or

(

b) acquires regulated product from a producer for sale on the

producer's behalf to a third party

shall collect the service charge for the regulated product by deducting

the amount of the service charge from any proceeds payable to or on

behalf of the producer.

(2) Any dealer who collects a service charge shall, subject to any

directions given by the Commission, 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.

(3) Any dealer who is required to collect and pay to the Commission

the service charge payable by a producer shall, when that dealer pays

the service charge to the Commission, provide to the Commission, in

respect of that producer, a

summary detailing

(

a) the total amount of regulated product in metric tonnes or

portions thereof obtained from the producer,

(

b) the wheat class of the regulated product,

(

c) the total 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.

(4) A dealer who fails

(

a) to collect a service charge in accordance with subsection (1),

(

b) to pay a service charge to the Commission in accordance

with subsection (2)

is liable to the Commission for the amount of the service charge.

Refund of service charges

5(1) Any service charge that is paid by or on behalf of a producer is

refundable to the producer on request of the producer.

(2) A request for a refund of the service charge must

(

a) be made in writing on a form that is provided by or is

acceptable to the Commission, and

(

b) contain the following information:

(

i) the producer's name;

(ii) the producer's mailing address, telephone number and,

if available, e-mail address;

(iii) the wheat class or wheat classes of the regulated product

sold;

(iv) the total quantity of regulated product sold in metric

tonnes or portions thereof and total amount of service

charge deducted;

(

v) 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;

(vi) any other information in respect of the refund that is

requested by the Commission.

(3) Requests for refunds must be received by the Commission at its

head office

(

a) 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

(

b) prior to the end of February, for service charges collected

during the period commencing on the previous August 1 and

ending on January 31.

(4) Any request for a refund that is not received by the Commission

within the time periods specified under subsection (3) shall not be

considered by the Commission, and the producer will not be entitled to

a refund in respect of the service charges in question.

(5) The Commission shall 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 charges is received, if the request complies with

this Regulation.

Dealer's licence required

6 No person shall carry on the business of a dealer in the regulated

product unless that person is licensed as a dealer under this Regulation.

Application for dealer's licence

7(1) A person may apply to the Commission for a licence to operate

as a dealer.

(2) An application under subsection (1) must be in a form prescribed

by the Commission and include

(

a) the name, mailing address, telephone number and, if

available, e-mail address of the applicant,

(

b) the street address of the applicant, if it is different from the

mailing address,

(

c) the Canadian Grain Commission licence information, and

(

d) any other information the Commission may require.

Granting of dealer's licence

8(1) If the Commission is satisfied that a dealer's licence should be

granted to the applicant, the Commission shall grant to the applicant a

dealer's licence in a form prescribed by the Commission.

(2) A dealer's licence expires on July 31 of the next odd numbered

year occurring after the issuance of the licence.

(3) Notwithstanding subsection (2), a dealer's licence that is issued in

an odd numbered year before July 31 of that year expires on that July

(4) A dealer's licence is not transferable and becomes void when the

dealer's business is sold, transferred, assigned or otherwise disposed

of.

(5) A dealer's licence issued by the Commission

(

a) is a licence to be engaged in the activity stated in the licence,

(

b) is not an endorsement by the Commission of the licence

holder, and

(

c) shall not be represented by the licence holder or any other

person as an endorsement by the Commission.

Licence refused, suspended, cancelled, not renewed

9(1) The Commission may refuse to grant a dealer's licence

(

a) if the applicant fails to provide information or additional

information required by the Commission under

section 7(2),

(

b) if the applicant has contravened

(

i) the Act,

(ii) the Plan,

(iii) this Regulation,

(iv) any other regulation made under the Act in respect of

the Plan,

(

v) an order or direction of the Council or an administrative

order or directive of the Commission, or

(vi) any other Act, regulation or order that applies to the

applicant or its business,

(

c) if the applicant does not hold a licence issued by the

Canadian Grain Commission, or

(

d) for any other reason the Commission considers appropriate.

(2) The Commission may suspend or cancel a dealer's licence or

refuse to renew a dealer's licence

(

a) if the dealer has contravened

(

i) the Act,

(ii) the Plan,

(iii) this Regulation,

(iv) any other regulation made under the Act in respect of

the Plan,

(

v) an order or direction of the Council or an administrative

order or directive of the Commission, or

(vi) any other Act, regulation or order that applies to the

dealer or its business,

(

b) if the dealer held a licence issued by the Canadian Grain

Commission and that licence has been suspended, cancelled

or not renewed, or

(

c) for any other reason the Commission considers appropriate.

(3) If the Commission refuses to issue a licence or cancels, suspends

or refuses to renew a licence, the Commission must advise the

applicant or dealer in writing of its decision.

(4) The Commission may

(

a) suspend a licence for a period of time that it considers

appropriate, or

(

b) in the case of a licence that is suspended, remove the

suspension.

(5) If the Commission refuses to issue a licence or cancels, suspends

or refuses to renew a licence,

(

a) the dealer must, on receiving notice of the Commission's

decision, immediately cease carrying on the activity

authorized by the licence, and

(

b) the applicant or dealer may make an application to the

Commission pursuant to

Part 5 of the Act and the Review and

Repeal Regulation (AR 84/2012).

Inspection of records

10(1) A person who is required by this Regulation to keep records or

other information, including the information referred to in

section 4(3),

must

(

a) retain the records or other information for a minimum of one

year from the date the records or other information was

made, and

(

b) as requested by the Commission

(

i) make the records or information available for inspection

during normal business hours, or

(ii) deliver the records or information to the Commission

within 15 days from the date the request is received by

that person.

(2) A dealer must, when requested by the Commission, assist the

Commission in the compilation of lists of producers.

Use of funds

11 Any funds received by the Commission under the Plan and any

interest that accrues in respect of those funds shall be used by the

Commission for the purposes of paying its expenses and administering

the Plan and the regulations.

Interest on late payment of service charges

12 Interest must be paid to the Commission for any late payment of

service charges at the rate of 1% per month calculated on the balance

due.

Legal action

13 The Commission

(

a) may commence and maintain any legal action that is

necessary to enforce the payment of service charges that are

payable as required by this Regulation, and

(

b) shall recover solicitor-client legal costs incurred with respect

to an action described in clause (a).

Expiry

14 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 April 30, 2018.

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

Alberta Regulation 138/2012

Marketing of Agricultural Products Act

ALBERTA OAT GROWERS COMMISSION REGULATION

Filed: August 1, 2012

For information only: Made by the Alberta Oat Growers Commission on August 1,

2012 and approved by the Agricultural Products Marketing Council on August 1,

2012 pursuant to

section 26 of the Marketing of Agricultural Products Act.

Table of Contents

Interpretation

2 Service charges

3 Variation of service charges

4 Collection of service charges

5 Refund of service charges

6 Dealer's licence required

7 Application for dealer's licence

8 Granting of dealer's licence

9 Authority of dealer's licence

10 Disposal of dealer's licence

11 Refusal to grant a dealer's licence

12 Suspension or cancellation of dealer's licence

13 Hearing

14 Report to Commission

15 Information

16 Inspection of records

17 Use of funds

18 Interest

19 Legal action

20 Expiry

Interpretation

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) "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;

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

Regulation;

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

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

the Plan.

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

when used in this Regulation.

Service charges

2 Any producer who sells any regulated product shall pay to the

Commission a service charge in the amount of $0.50 per metric tonne

or portion of a metric tonne of regulated product sold.

Variation of service charges

3(1) The Commission may, from time to time, change the amount of

the service charge.

(2) Notwithstanding subsection (1), a change in the amount of the

service charge is not effective until it has been approved by a vote of

the producers at an annual Commission meeting or a special

Commission meeting.

Collection of service charges

4(1) All dealers must deduct the amount of the service charge from

any proceeds payable to or on behalf of the producer where a dealer

(

a) purchases regulated product from a producer, or

(

b) acquires regulated product from a producer for sale on the

producer's behalf.

(2) Any dealer who collects a service charge must, subject to any

directions given by the Commission, 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.

(3) Notwithstanding subsection (2), if an arrangement is made

between the Commission and the person collecting the service charge

establishing time periods, other than the ones provided for under

subsection (2), under which the service charges are to be paid to the

Commission, the dealer must pay the service charges to the

Commission in accordance with that arrangement unless otherwise

directed by the Commission.

(4) Notwithstanding subsection (3), if a dealer fails

(

a) to deduct a service charge in respect of regulated product

sold by or on behalf of a producer in accordance with

subsection (1), and

(

b) to pay the service charge to the Commission in accordance

with subsection (2),

the dealer is liable to the Commission for the amount of the service

charge.

(5) Any person who is required to collect and pay to the Commission

the service charge payable by a producer must, when that person pays

the service charge to the Commission, provide to the Commission, in

respect of that producer, a

summary detailing the following

information:

(

a) the name and address of the producer;

(

b) the type and crop class of the regulated product, if available;

(

c) the dollar value and quantity of the regulated products

obtained from the producer;

(

d) the amount of the service charge being paid on behalf of the

producer.

Refund of service charges

5(1) Any service charge that is paid by or on behalf of a producer is

refundable to the producer on request of the producer.

(2) A request for a refund of the service charge must

(

a) be made in writing on a form established by the Commission,

and

(

b) contain the following information:

(

i) the producer's name;

(ii) the producer's mailing address and telephone number;

(iii) the type and crop class of the regulated product, if

available;

(iv) the dollar amount and quantity of the regulated product

sold;

(

v) the name and address of any dealer who collected the

service charge on behalf of the producer;

(vi) any other information in respect of the refund not

referred to in subclauses (

i) to (

v) that is requested by

the Commission.

(3) Requests for refunds must be received by the Commission at its

head office

(

a) 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

(

b) prior to the end of February, for service charges collected

during the period commencing on the previous August 1 and

ending on January 31.

(4) Any request for a refund that is not received by the Commission

within the applicable time period referred to in subsection (3) is not to

be considered by the Commission and the producer is not entitled to a

refund in respect of which the request was made.

(5) Notwithstanding subsection (4), the Commission may, if it is

satisfied that extenuating circumstances exist that warrant its doing so,

consider an application for a refund that is received after the applicable

time period referred to in subsection (3).

(6) Subject to subsection (4), the Commission must refund the service

charge to the producer within 90 days after the end of the period to

which the request for the refund relates.

Dealer's licence required

6 No person shall carry on the business of a dealer in the regulated

product unless that person is licensed as a dealer under this Regulation.

Application for dealer's licence

7(1) Any person who wishes to market or process the regulated

product must apply for and obtain a dealer's licence from the

Commission.

(2) An application under subsection (1) must be in a form prescribed

by the Commission and include

(

a) the name, telephone number and mailing address of the

applicant,

(

b) the address of the applicant, if it is different from the mailing

address, and

(

c) such other information as the Commission may require.

Granting of dealer's licence

8(1) If the Commission is satisfied that a dealer's licence should be

granted to the applicant, the Commission must grant the applicant a

dealer's licence in a form prescribed by the Commission.

(2) The Commission must grant a dealer's licence in a form prescribed

by the Commission to a dealer known to the Commission.

Authority of dealer's licence

9 A dealer's licence is authority for the dealer to receive, market or

process the regulated product in accordance with this Regulation.

Disposal of dealer's licence

10 A dealer's licence is valid unless suspended or cancelled or until

the dealer's business is sold, transferred, assigned or otherwise

disposed of.

Refusal to grant a dealer's licence

11 The Commission may refuse to grant a dealer's licence

(

a) if it is satisfied that the applicant will not comply with the

Act, the Plan, this or other regulations that apply to the

applicant or orders or directions of the Council or the

Commission, or

(

b) for any other lawful reason the Commission considers

proper.

Suspension or cancellation of dealer's licence

12 The Commission may suspend or cancel a dealer's licence if the

Commission is of the opinion that a holder of a dealer's licence has

(

a) failed to comply with the Act, the Plan or any regulation

under the Act, or

(

b) failed to comply with any order or direction of the Council or

the Commission.

Hearing

13(1) The Commission must give written notice of its decision to any

person who is refused a licence or whose licence is suspended or

cancelled, as the case may be.

(2) Where a person receives a notice under subsection (1), that person

may make application to the Commission for a hearing to show cause

why the dealer's licence should not be refused, suspended or cancelled,

as the case may be.

(3) Where the Commission receives an application under subsection

(2), it must give notice to the person who made the application of the

date, place and time that a hearing into the matter will be held.

(4) At the hearing referred to in subsection (3), the person who made

the application under subsection (2) must be given an opportunity

(

a) to show cause why a dealer's licence should be granted, or

(

b) to show cause why that person's dealer's licence should not

be suspended or cancelled,

as the case may be.

(5) Following a hearing under this section, the Commission must give

written notice of its decision to the person in respect of whom the

hearing was held.

(6) A dealer who receives a notice of suspension or cancellation under

this

section must, on receipt of the notice, immediately cease receiving

the regulated product.

Report to Commission

14 A dealer must

(

a) record for each month

(

i) the total volume of regulated product purchased by the

dealer from producers, and

(ii) the total amount paid by the dealer to producers for that

regulated product so purchased,

and

(

b) at the conclusion of the month report to the Commission the

amounts so recorded for that month.

Information

15 The Commission may request from a producer or a dealer the

following information:

(

a) the amount of regulated product grown by a producer or to

which the producer is entitled under a crop share

arrangement;

(

b) the amount of regulated product marketed or processed by a

producer and the details of the marketing;

(

c) the amount of regulated product marketed or processed by a

person and the manner in which it is marketed;

(

d) such other general information relating to production,

marketing or processing of the regulated product that the

Commission requires to carry out its purpose under the Act

and the Plan.

Inspection of records

16(1) Where the Commission is of the opinion that circumstances

warrant it, the Commission may request in writing that a dealer

produce for the Commission's inspection any record in the possession

or under the control of the dealer that relates to the collection of

service charges by the dealer.

(2) Where a dealer receives a request in writing under subsection (1),

the dealer must comply with the request in accordance with its terms.

Use of funds

17 Any funds received by the Commission under the Plan must be

used by the Commission for purposes of paying its expenses and

administering the Plan and the regulations.

Interest

18 Interest must be paid to the Commission by the dealer for any late

payment of service charges at the rate of 1.5% per month calculated on

the balance due.

Legal action

19 The Commission may commence and maintain any legal action

that is necessary to enforce the payment of service charges that are

payable under the Plan and this Regulation.

Expiry

20 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.

Alberta Regulation 139/2012

Apprenticeship and Industry Training Act

TRADES (EXPIRY CLAUSE) AMENDMENT REGULATION

Filed: August 2, 2012

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on May 11, 2012 and approved by the Minister of Enterprise and Advanced

Education on July 30, 2012 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act.

1 The Bricklayer Trade Regulation (AR 265/2000) is

amended in

section 9 by striking out "August 31, 2012" and

substituting "August 31, 2020".

2 The Cook Trade Regulation (AR 271/2000) is amended in

section 9 by striking out "August 31, 2012" and substituting

"August 31, 2020".

3 The Hairstylist Trade Regulation (AR 281/2000) is

amended in

section 10 by striking out "August 31, 2012" and

substituting "August 31, 2021".

4 The Instrument Technician Trade Regulation

(AR 283/2000) is amended in

section 9 by striking out

"August 31, 2012" and substituting "August 31, 2020".

5 The Ironworker Trade Regulation (AR 156/2006) is

amended in

section 28 by striking out "August 31, 2012" and

substituting "August 31, 2021".

6 The Recreation Vehicle Service Technician Trade

Regulation (AR 299/2000) is amended in

section 9 by

striking out "August 31, 2012" and substituting "August 31,

2021".

7 The Tilesetter Trade Regulation (AR 308/2000) is

amended in

section 9 by striking out "August 31, 2012" and

substituting "August 31, 2020".

Alberta Regulation 140/2012

Public Health Act

HOUSING AMENDMENT REGULATION

Filed: August 2, 2012

For information only: Made by the Minister of Health (M.O. 37/2012) on July 27,

2012 pursuant to

section 66(2)(

h) of the Public Health Act.

1 The Housing Regulation (AR 173/99) is amended by this

Regulation.

Section 7 is amended by striking out "August 31, 2012"

and substituting "August 31, 2013".

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

Alberta Regulation 141/2012

Public Health Act

NUISANCE AND GENERAL SANITATION AMENDMENT REGULATION

Filed: August 2, 2012

For information only: Made by the Minister of Health (M.O. 38/2012) on July 27,

2012 pursuant to

section 66(2)(

k) of the Public Health Act.

1 The Nuisance and General Sanitation Regulation

(AR 243/2003) is amended by this Regulation.

Section 19 is amended by striking out "September 1, 2012"

and substituting "September 1, 2014".

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

Alberta Regulation 142/2012

Public Health Act

PERSONAL SERVICES AMENDMENT REGULATION

Filed: August 2, 2012

For information only: Made by the Minister of Health (M.O. 39/2012) on July 27,

2012 pursuant to

section 66(2)(

h) of the Public Health Act.

1 The Personal Services Regulation (AR 20/2003) is

amended by this Regulation.

Section 10 is amended by striking out "September 30, 2012"

and substituting "September 30, 2014".

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

Alberta Regulation 143/2012

Traffic Safety Act

VEHICLE EQUIPMENT AMENDMENT REGULATION

Filed: August 8, 2012

For information only: Made by the Minister of Transportation (M.O. 21/12) on July

6, 2012 pursuant to

section 81 of the Traffic Safety Act.

1 The Vehicle Equipment Regulation (AR 122/2009) is

amended by this Regulation.

Section 108 is amended

(

a) in subsection (1) by striking out "(3)" and

substituting "(2)";

(

b) by repealing subsection (2) and substituting the

following:

(2) The following are adopted and apply to safety helmets in

accordance with subsection (1):

(

a) CSA Standard CAN3-D230-M85, Protective Headgear

in Motor Vehicle Applications;

(

b) Standard No. 218; Motorcycle helmets under

Part

571.218 of the Code of Federal Regulations (United

States), Title 49;

(

c) British Standards Institution Standard BS 6658: 1985,

Specification for protective helmets for vehicle users;

(

d) Snell Memorial Foundation 2000 Standard For

Protective Headgear, For Use with Motorcycles and

Other Motorized Vehicles;

(

e) Snell Memorial Foundation 2005 Standard For

Protective Headgear, For Use with Motorcycles and

Other Motorized Vehicles;

(

f) Snell Memorial Foundation 2010 Standard For

Protective Headgear, For Use with Motorcycles and

Other Motorized Vehicles;

(

g) United Nations Economic Commission for Europe

Regulation 22-05, Uniform provisions concerning the

approval of protective helmets and their visors for

drivers and passengers of motorcycles and mopeds.

(

c) in subsection (3)

(

i) by striking out "CSA, DOT or BSI or the mark or

label";

(ii) by striking out "subsection 2(e)" and substituting

"subsection (2)".

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

Alberta Regulation 144/2012

Traffic Safety Act

SERVICE RESTRICTION AMENDMENT REGULATION

Filed: August 8, 2012

For information only: Made by the Minister of Transportation (M.O. 15/12) on July

25, 2012 pursuant to

section 64 of the Traffic Safety Act.

1 The Service Restriction Regulation (AR 321/2002) is

amended by this Regulation.

Section 3 is amended by striking out "September 30, 2012"

and substituting "September 30, 2019".