Alberta Regulation 99/2023

Feeder Associations Guarantee Act

FEEDER ASSOCIATIONS GUARANTEE

AMENDMENT REGULATION

Filed: July 10, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 166/2023)

on July 10, 2023 pursuant to

section 11 of the Feeder Associations Guarantee Act.

1 The Feeder Associations Guarantee Regulation

(AR 13/2012) is amended by this Regulation.

Section 21(4) is amended by striking out "4 supply periods"

and substituting "6 supply periods".

Section 31(1)(

a) and (

b) are amended by striking out

"$2 000 000" and substituting "$3 000 000".

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

Alberta Regulation 100/2023

Government Organization Act

DESIGNATION AND TRANSFER OF

RESPONSIBILITY AMENDMENT REGULATION

Filed: July 10, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 167/2023)

on July 10, 2023 pursuant to sections 16, 17 and 18 of the Government Organization

Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 11/2023) is amended by this Regulation.

Section 4 is amended

(

a) by renumbering

section 4 as

section 4(1);

(

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

clause (p):

(p.1)

Part 2.1 of the Investing in a Diversified Alberta

Economy Act;

(

c) by adding the following after subsection (1):

(2) The Minister of Agriculture and Irrigation and the Minister

of Jobs, Economy and Trade are designated as the Ministers with

common responsibility for

Part 3 of the Investing in a Diversified

Alberta Economy Act.

Section 5 is amended by adding the following after

subsection (5):

(6) The responsibility for that part of the public service associated

with the parts of the appropriation transferred under subsection (7) is

transferred to the Minister of Children and Family Services.

(7) The responsibility for the administration of the unexpended

balance of the following parts of the 2023-24 Government

appropriation for Seniors, Community and Social Services is

transferred to the Minister of Children and Family Services:

(

a) the portion of program 5.1, Program Planning and Delivery,

related to women's shelters;

(

b) the portion of program 5.3, Women's Shelters, related to

women's shelters.

Section 8(2) is repealed and the following is substituted:

(2) The Minister of Energy and Minerals is designated as having

common responsibility with

(

a) the Minister of Environment and Protected Areas for

(

i) section 108(g), (

h) and (

j) of the Mines and Minerals

Act, and

(ii) the Responsible Energy Development Act, except

section 16,

and

(

b) the Minister of Environment and Protected Areas and the

Minister of Indigenous Relations for

section 16 of the

Responsible Energy Development Act.

Section 9 is amended

(

a) in subsection (1)

(

i) by adding the following after clause (j):

(

k) Part 8 of the Mines and Minerals Act, except

section 108(g), (

h) and (j);

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

(

p) Surface Rights Act, except

section 8;

(

b) by adding the following after subsection (1):

(2) The Minister of Environment and Protected Areas is

designated as the Minister responsible for the Alberta Land

Stewardship Act and is the Designated Minister for the purposes

of that Act.

(

c) in subsection (3)(

a) by adding the following after

subclause (iii):

(iii.1) sections 4.1, 6, 7 and 12(2) of the Provincial Parks Act,

(iii.2) sections 1.1, 1.2, 11, 11.1, 11.2, 12, 13, 14 and 18(

c) of

the Public Lands Act,

(

d) by adding the following after subsection (3):

(4) Notwithstanding

section 10(5), the responsibility for that part

of the public service associated with the parts of the

appropriation transferred under subsection (5) is transferred to

the Minister of Environment and Protected Areas.

(5) Notwithstanding

section 10(7), the responsibility for the

administration of the unexpended balance of the following parts

of the 2023-24 Government appropriation for Environment and

Protected Areas is transferred from the Minister of Forestry and

Parks to the Minister of Environment and Protected Areas:

(

a) the portions of program 3, Land, related to lands

planning, lands policy and programs and lands delivery

and coordination, except for the parts related to lands

survey and operational policy for sector development on

public land;

(

b) the portion of program 4.3, Water Management, related

to lands policy and programs;

(

c) the portion of program 5.3, Wildlife Management,

related to lands planning;

(

d) the portion of program 6.2, Regional Cumulative

Effects Management, related to lands planning;

(

e) the portion of program 10.2, Environmental and Public

Lands Appeal Board, related to the Public Lands Appeal

Board.

Section 10 is amended

(

a) in subsection (1)

(

i) by repealing clause (e);

(ii) in clause (

f) by adding "4.1, 6, 7, 12(2)," after

"sections";

(iii) in clause (

g) by adding ", except sections 1.1, 1.2,

11, 11.1, 11.2, 12, 13, 14 and 18(c)" after "Public

Lands Act";

(iv) by repealing clause (i);

(

b) by repealing subsection (2).

Section 14 is amended

(

a) in subsection (1)(

h) by adding ", except Parts 2.1 and 3"

after "Investing in a Diversified Alberta Economy Act";

(

b) by adding the following after subsection (4):

(5) The responsibility for that part of the public service

associated with the parts of the appropriation transferred under

subsection (6) is transferred to the Minister of Jobs, Economy

and Trade.

(6) The responsibility for the administration of the unexpended

balance of the following parts of the 2023-24 Government

appropriation for Immigration and Multiculturalism is transferred

to the Minister of Jobs, Economy and Trade:

(

a) program 2, International Trade and Investment, except

the portion of program 2, International Trade and

Investment, related to trade and export development and

economic and trade policy, of the 2023-24 Government

appropriation for Trade, Immigration and

Multiculturalism transferred under subsection (4);

(

b) the portion of program 1, Ministry Support Services,

related to international trade and investment.

Section 20 is amended

(

a) by renumbering

section 20 as

section 20(1);

(

b) in subsection (1)

(

i) by adding the following after clause (r):

(r.1) Gaming, Liquor and Cannabis Act;

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

(t.1) Horse Racing Alberta Act;

(

c) by adding the following after subsection (1):

(2) The responsibility for that part of the public service

associated with the parts of the appropriation transferred under

subsection (3) is transferred to the Minister of Service Alberta

and Red Tape Reduction.

(3) The responsibility for the administration of the unexpended

balance of the following parts of the 2023-24 Government

appropriation for Treasury Board and Finance is transferred to the

Minister of Service Alberta and Red Tape Reduction:

(

a) program 11, Gaming;

(

b) the portion of program 7.1, Financial Sector Regulation

and Policy, related to alcohol, cannabis and gaming

policy.

Section 23.1 is amended by adding the following after

subsection (4):

(5) The responsibility for that part of the public service associated

with the parts of the appropriation transferred under subsection (6) is

transferred to the Minister of Tourism and Sport.

(6) The responsibility for the administration of the unexpended

balance of the portions of programs 2.1, Program Support, and 3.1,

Program Support, relating to sport of the 2023-24 Government

appropriation for Arts, Culture and Status of Women is transferred to

the Minister of Tourism and Sport.

Section 25(1) is amended by repealing clauses (

u) and

(w).

Alberta Regulation 101/2023

Regulations Act

MISCELLANEOUS CORRECTIONS REGULATION

Filed: July 10, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 168/2023)

on July 10, 2023 pursuant to

section 10 of the Regulations Act.

1(1) The Conflicts of Interest Act

Part 4.3 Designation Order

(AR 42/2018) is amended by this section.

(2) The

Schedule is amended in Table 1

(

a) by adding

Alberta Gaming, Liquor and Cannabis

Commission

CEO

after

SERVICE ALBERTA AND RED TAPE REDUCTION

(

b) by striking out

Alberta Gaming, Liquor and Cannabis

Commission

CEO

after

TREASURY BOARD AND FINANCE

2(1) The Electronic Transactions Act Designation

Regulation (AR 35/2003) is amended by this section.

(2) The

Schedule is repealed and the following is

substituted:

Schedule

All boards, committees and councils established under

section 7 of the

Government Organization Act, whether or not they are included in the

list of agencies, boards, commissions, corporations, offices or other

bodies designated below as public bodies.

Any subsidiary of a public body designated below.

Advanced Education

* Alberta Board of Skilled Trades

* Alberta Council on Admissions and Transfer

* Alberta Post-Secondary Application System Society

* Appeal boards appointed under the Land Agents Licensing

Act

* Campus Alberta Quality Council

* Fair Registration Practices Office

Affordability and Utilities

* Alberta Utilities Commission

* Balancing Pool

* Independent System Operator

* Market Surveillance Administrator

* Power and Natural Gas Consumers' Panel

Agriculture and Irrigation

* Agriculture Financial Services Corporation

* Alberta Agricultural Products Marketing Council

* Farm Implement Board

* Farmers' Advocate Office

* Irrigation Council

* Marketing of Agricultural Products Act Appeal Tribunal

* Practice review committees appointed under the

Agricultural Operation Practices Act

Arts, Culture and Status of Women

* Alberta Advisory Council on the Francophonie

* Alberta Film Advisory Council

* Alberta Foundation for the Arts

* Alberta Anti-Racism Advisory Council

Children and Family Services

* Appeal panels established under the Early Learning and

Child Care Act

* Appeal Panels established under the Child, Youth and

Family Enhancement Act

* Family Violence Death Review Committee

Education

* Attendance Board

* Board of Reference

* Certification Appeal Committee

* Complex Education Needs Tribunals established under the

Education Act

* Practice review appeal committees established under the

Practice Review of Teachers and Teacher Leaders

Regulation (AR 124/2022)

* Practice review complainant appeal committees

established under the Practice Review of Teachers and

Teacher Leaders Regulation (AR 124/2022)

* Practice review general panel established under the

Practice Review of Teachers and Teacher Leaders

Regulation (AR 124/2022)

* Practice review hearing committees established under the

Practice Review of Teachers and Teacher Leaders

Regulation (AR 124/2022)

Energy and Minerals

* Alberta Energy Regulator

* Alberta Petroleum Marketing Commission

Environment and Protected Areas

* Drainage Council

* Environmental Appeals Board

* Indigenous Wisdom Advisory Panel

* Montana-Alberta St. Mary and Milk Rivers Water

Management Initiative Advisory Committee

* Natural Resources Conservation Board

* Northeast Caribou Sub-Regional Task Force Council

* Northwest Caribou Sub-Regional Task Force Council

* Ronald Lake Bison Herd Cooperative Management Board

* Science Advisory Panel

* West-Central Caribou Sub-Regional Task Force Council

Executive Council

* Alberta Order of Excellence Council

* Invest Alberta Corporation

Forestry and Parks

* Birch Mountains Wildland Provincial Park Cooperative

Management Board

* Birch River Wildland Provincial Park Cooperative

Management Board

* Dillon River Wildland Provincial Park Cooperative

Management Board

* Kazan Wildland Provincial Park Cooperative

Management Board

* Public Lands Appeal Board

* Richardson Wildland Provincial Park Cooperative

Management Board

Health

* Appeal panels appointed under the Protection for Persons

in Care Act

* Appeal panels appointed under the Supportive Living

Accommodation Licensing Act

* Appeal panels established under the Alberta Aids to Daily

Living and Extended Health Benefits Regulation

(AR 236/85)

* Expert Committee on Drug Evaluation and Therapeutics

* Health Advocate

* Health Benefits Exception Committee

* Health Disciplines Board

* Health Information and Data Governance Committee

* Hospital Privileges Appeal Board

* Out-of-Country Health Services Appeal Panel

* Out-of-Country Health Services Committee

* Public Health Appeal Board

Indigenous Relations

* Alberta Indigenous Opportunities Corporation

* Metis Settlements Appeal Tribunal

Jobs, Economy and Trade

* Appeals Commission under the Workers' Compensation

Act

* Fair Practices Commissioner

* Labour Relations Board

* Medical panels established under the Workers'

Compensation Act

* Northern Alberta Development Council

* Public Emergency Tribunal established under the Burial

of the Dead Act

* The Workers' Compensation Board

Justice

* Alberta Human Rights Commission

* Alberta Review Board

* Appeal panels designated under the Civil Enforcement

Regulation (AR 276/95)

* Fatality Review Board

* Notaries Public Advisory Committee

* Provincial Court Nominating Committee

* Youth justice committees designated in accordance with

section 18 of the Youth Criminal Justice Act (Canada)

Mental Health and Addiction

* Mental Health Patient Advocate

* Mental Health Review Panel Roster

Municipal Affairs

* Land Compensation Board

* Municipal Government Board

* New Home Buyer Protection Board

* Safety Codes Council

* Special Areas Board

* Surface Rights Board

Public Safety and Emergency Services

* Alberta Emergency Management Agency

* Criminal Injuries Review Board

* Law Enforcement Review Board

* Victims of Crime and Public Safety Programs Committee

Seniors, Community and Social Services

* Alberta Social Housing Corporation

* Appeal committees established under the Family Support

for Children with Disabilities Act

* Appeal panels established under the Assured Income for

the Severely Handicapped Act

* Appeal panels established under the Income and

Employment Supports Act

* Appeal panels established under the Persons with

Developmental Disabilities Services Act

* Appeal panels referred to in the Seniors Benefit Act

General Regulation (AR 213/94)

* Premier's Council on Charities and Civil Society

* Premier's Council on the Status of Persons with

Disabilities

* Provincial Parent Advisory Committee

Service Alberta and Red Tape Reduction

* Alberta Funeral Services Regulatory Board

* Alberta Gambling Research Institute

* Alberta Gaming, Liquor and Cannabis

* Alberta Motor Vehicle Industry Council

* Appeal boards appointed under the Cemeteries Act

* Appeal boards appointed or designated under the

Consumer Protection Act

* Appeal boards appointed or designated under the

Funeral Services Act

* Appeal Tribunal established under the Horse Racing

Alberta Act

* Debtors' Assistance Board

Technology and Innovation

* Alberta Enterprise Corporation

* Alberta Innovates

* Alberta Research and Innovation Advisory Committee

Tourism and Sport

* Travel Alberta

Transportation and Economic Corridors

* Alberta Transportation Safety Board

Treasury Board and Finance

* Alberta Insurance Council

* Alberta Investment Management Corporation

* Alberta Pensions Services Corporation

* Alberta Securities Commission

* Alberta Securities Commission Policy Advisory

Committee

* Appeal Board panels formed under the Insurance

Councils Regulation (AR 126/2001)

* ATB Financial

* Audit Committee established under the Auditor General

Act

* Automobile Insurance Rate Board

* Classification appeal boards established under the Public

Service Act

* Credit Union Deposit Guarantee Corporation

* Gainers Inc.

* General Insurance Council

* Insurance Adjusters' Council

* Insurance Councils Appeal Board

* LAPP Corporation

* Life Insurance Council

* Management Employees Pension Board

* Management Job Evaluation Appeal Board

* N.A. Properties

(1994) Ltd. (amalgamates 354713 Alberta

Ltd., 391760 Alberta Ltd. and S.C. Properties Ltd.) and

subsidiaries

* Nominating committee established under the Alberta

Investment Management Corporation Regulation

(AR 225/2007)

* Provincial Judges and Applications Judges Pension Plan

Advisory Committee

* PSPP Corporation

* SFPP Corporation

* Supplementary Retirement Plan for Public Service

Managers Advisory Committee

* Teachers' Pension Plans Board of Trustees (also called

Alberta Teachers' Retirement Fund Board)

3(1) The Exploration Regulation (AR 284/2006) is amended

by this section.

(2) Section 1(1) is amended

(

a) in clause (

i) by striking out "Department of Forestry and

Parks" and substituting "Department of Environment and

Protected Areas";

(

b) in clause (

v) by striking out "Minister of Forestry and

Parks" and substituting "Minister of Environment and

Protected Areas".

4(1) The Metallic and Industrial Minerals Exploration

Regulation (AR 213/98) is amended by this section.

(2) Section 1(1) is amended

(

a) in clause (

d) by striking out "Department of Forestry

and Parks" and substituting "Department of Environment

and Protected Areas";

(

b) in clause (

n) by striking out "Minister of Forestry and

Parks" and substituting "Minister of Environment and

Protected Areas".

5(1) The Protection Against Family Violence Regulation

(AR 80/99) is amended by this section.

(2) Section 3(

c) is amended by striking out "of Seniors,

Community and Social Services".

Alberta Regulation 102/2023

Marketing of Agricultural Products Act

ALBERTA GRAINS PLAN REGULATION

Filed: July 12, 2023

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

15/2023) on July 10, 2023 pursuant to sections 17 and 23 of the Marketing of

Agricultural Products Act.

Table of Contents

Definitions

2 Designation of agricultural products

Part 1

General Operation of Plan

Division 1

Plan

3 Plan established

4 Termination of Plan

5 Application of Plan

6 Purposes of Plan

Division 2

Administration of Plan by Commission

7 Commission established

8 Functions of Commission

9 Regulations to operate Plan

10 Financing of Plan

11 Service charges refundable

12 Indemnification fund

Part 2

Governance of Plan

13 Regions

14 Composition of Commission

15 Election of directors

16 Insufficient attendance

17 Filling vacancies by appointment

18 Election irregularities

Part 3

Review, Transitional, Repeal

and Coming into Force

19 Review

20 Transitional

21 Repeal

22 Coming into force

Definitions

1 In this Regulation,

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

(b) "annual region meeting" means an annual meeting, held in

accordance with the bylaws, of the eligible producers who

carry out production of a regulated product within the region

in accordance with the bylaws;

(c) "barley" means any grain that

(

i) is classified as Hordeum vulgare L., and

(ii) is identified as the seed or grain of a cereal grass grown

in Alberta and used for human or animal consumption,

for malt, for commercial purposes or for seed;

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

(e) "bylaws" means the bylaws made by the Commission under

section 26(2.1) of the Act;

(f) "Commission" means the Commission referred to in

section

(g) "Council" means the Alberta Agricultural Products

Marketing Council;

(h) "crop year" means a 12-month period commencing on

August 1 and terminating on the following July 31;

(i) "dealer" means a person who purchases or acquires regulated

product from a producer and includes

(

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;

(j) "director" means a director of the Commission;

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

eligible producer under the bylaws;

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

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act,

(ii) an unincorporated organization that is not a partnership

referred to in subclause (i), and

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

for a common purpose and are neither a partnership

referred to in subclause (

i) nor an unincorporated

organization referred to in subclause (ii);

(m) "Plan" means the Alberta Grains Plan referred to in

section 3;

(n) "producer" means a person who

(

i) grows barley, wheat or both barley and wheat for sale

on one or more parcels of land in Alberta, or

(ii) is entitled to a share of the barley or wheat or both

grown on any land in Alberta under a crop share

arrangement;

(o) "regulated product" means the following:

(

i) barley;

(ii) wheat;

(p) "special region meeting" means a special meeting, held in

accordance with the bylaws, of the eligible producers who

carry out production of a regulated product within the region

in accordance with the bylaws;

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

species Triticum aestivum L. em Thell and Triticum durum

and includes

(

i) cultivars of the wheat classes that fall under the Canada

Grain Regulations (Canada), (CRC, c. 889) made under

the Canada Grain Act (Canada), and

(ii) all eligible grades of wheat classes as specified by the

Canadian Grain Commission grade standards, including

tough, damp and feed wheat;

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

Grain Act (Canada) and the Canada Grain Regulations

(Canada), (CRC, c. 889) made under the Canada Grain Act

(Canada).

Designation of agricultural products

2 Barley and wheat are designated as agricultural products for the

purposes of the Act.

Part 1

General Operation of Plan

Division 1

Plan

Plan established

3 A Plan with the name "Alberta Grains Plan" is established.

Termination of Plan

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

of time and remains in force unless otherwise terminated in accordance

with the Act.

Application of Plan

5 The Plan applies

(

a) to all of Alberta,

(

b) to all producers in Alberta who produce or market a regulated

product, and

(

c) for the purposes of

section 9(a), (b), (c), (d), (

f) and (h),

(

i) to dealers, and

(ii) to any person who is not a producer or dealer and who

markets or processes a regulated product.

Purposes of Plan

6(1) The purposes of the Plan are to do the following:

(

a) to initiate and carry out projects or programs to commence,

stimulate, increase or improve the production or marketing,

or both, of the regulated products;

(

b) to initiate, conduct and carry on research and studies with

respect to

(

i) the production, handling, marketing and processing of

the regulated products, and

(ii) the development and use of the regulated products that

improves the demand, agronomic competitiveness,

sustainability and profitability of the regulated products;

(

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

processors in developing and improving methods regarding

the production, processing and marketing of the regulated

products;

(

d) to initiate and carry out programs, including sales promotion

programs and consumer education programs, to expand the

market awareness and demand for the regulated products,

both within Alberta and in export markets;

(

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

barley and wheat industries in Alberta, including the

development and promotion of export markets for the

regulated products;

(

f) to advise governments on matters concerning the barley and

wheat industries;

Government of Alberta with respect to the maintenance of

the quality and standards of the regulated products;

(

h) to participate in programs under the Agricultural Marketing

Programs Act (Canada);

(

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

those of the Commission.

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

regulated products is to be controlled or regulated.

Division 2

Administration of Plan by Commission

Commission established

7 A Commission with the name "Alberta Grains" is established.

Functions of Commission

8 The Commission

(

a) is responsible for the operation, regulation, supervision and

enforcement of the Plan, the regulations made by the

Commission and the bylaws, and

(

b) may be authorized, in accordance with

section 50 of the Act,

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), the Canada

Grain Act (Canada) or any Canada Act.

Regulations to operate Plan

9 The Commission is authorized under

section 26(1) of the Act to

make, with the approval of the Council, regulations

(

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

regulated product to furnish to the Commission any

information or record relating to the production, marketing or

processing of a 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 a 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) respecting the circumstances, if any, under which a service

charge may be refunded to a producer;

(

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

producer

(

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

service charges payable by the producer to the

Commission, and

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

(

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

money payable to or received by the Commission for the

purpose of paying its expenses and administering the 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 the Plan.

Financing of Plan

10 In accordance with the regulations, the Plan is to be financed by

(

a) the charging and collection of service charges from

producers, and

(

b) any other money payable to or received or accrued by the

Commission.

Service charges refundable

11(1) In accordance with the regulations, a service charge is

refundable to a producer on request of the producer.

(2) In the event that within one crop year

(

a) the eligible producers requesting a refund of the service

charges constitute more than 35% of the existing eligible

producers, and

(

b) those eligible producers requesting a refund account for at

least 35% of the service charges collected during the current

crop year,

the Council may direct that the continued operation of the Plan is to be

subject to the approval of a majority of producers at a plebiscite to be

held under the direction of the Council in accordance with the Act.

(3) Within 150 days following the end of a crop year, the Commission

must report to the Council the refunds made in accordance with this

section and the regulations for that crop year.

Indemnification fund

12 The Commission shall not establish a fund under

section 34 or 35

of the Act.

Part 2

Governance of Plan

Regions

13(1) For the purpose of the Plan and the bylaws, Alberta is divided

into 6 regions.

(2) The area included in each region is as set out in the bylaws.

Composition of Commission

14 The Commission consists of a board made up of 12 directors, with

2 directors being elected or appointed from each region in accordance

with the Plan and the bylaws.

Election of directors

15(1) Subject to

section 18(5)(a), the election of directors is to be

conducted at or in conjunction with the annual region meetings in

accordance with the bylaws.

(2) Only eligible producers who are eligible to vote in a region in

accordance with the bylaws are eligible to vote in an election for a

director for that region.

Insufficient attendance

16(1) If an election is held under the Plan and an insufficient number

of eligible voters are in attendance at the meeting in accordance with

the bylaws,

(

a) the election is void, and

(

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

(2) If a position is vacant under subsection (1), the remaining directors

may appoint an individual to fill the position in accordance with

section 17.

(3) Notwithstanding that a position is vacant under subsection (1), the

bylaws may provide that the term of office of the position is deemed to

have commenced as if a person had been elected to the position.

Filling vacancies by appointment

17 Subject to

section 18(5), if a vacancy occurs on the board, the

remaining directors, in accordance with the bylaws and with the

approval of the Council, may appoint from among the eligible

producers who are eligible to be elected as a director an individual to

fill the vacant position for the unexpired portion of the term.

Election irregularities

18(1) If an eligible producer questions

(

a) the eligibility of a candidate,

(

b) the eligibility of a voter,

(

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

(

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

election,

that eligible producer, not later than 15 days after the day of the

election, may apply in writing to the Council to have the election

declared void and the position declared vacant.

(2) If the Council has not received an application under subsection

(1) within the 15-day period referred to in subsection (1), an individual

elected at that election is deemed to be duly elected.

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

(1) that is not received by the Council within the 15-day period referred to

in subsection (1).

(4) 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 the Plan, the bylaws and the Act,

(

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

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

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

election.

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

vacant, the Council may

(

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

a special region meeting be held and an election conducted in

accordance with the bylaws to fill the vacant position for the

unexpired portion of the term, or

(

b) notify the Commission that the position is vacant and

(

i) in the case of a director, that an individual may be

appointed to fill the vacant position in accordance with

section 17, or

(ii) if the bylaws provide for the election of delegates, in the

case of a delegate, that an individual may be appointed

to fill the vacant position in accordance with the bylaws

and, where the Council considers that Council approval

is warranted in the circumstances, with the approval of

the Council.

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

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

term of office of the position is deemed to have commenced as if an

individual had been elected to the position.

Part 3

Review, Transitional, Repeal and

Coming into Force

Review

19 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before July 31, 2030.

Transitional

20(1) In this section,

(a) "former regulations" means the Alberta Barley Plan

Regulation (AR 111/99) and the Alberta Wheat Commission

Plan Regulation (AR 134/2012);

(b) "new board" means the board of directors of the new

Commission, whether appointed as referred to in subsection

(2) or elected in accordance with the new Plan and the

bylaws;

(c) "new Commission" means the Commission referred to in

section 7;

(d) "new Plan" means the Alberta Grains Plan referred to in

section 3;

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

Barley Commission and the board of directors of the Alberta

Wheat Commission;

(f) "previous Commissions" means the Alberta Barley

Commission and the Alberta Wheat Commission under the

former regulations;

(g) "previous Plans" means the Alberta Barley Plan continued

under the Alberta Barley Plan Regulation (AR 111/99) and

the Alberta Wheat Commission Plan established under the

Alberta Wheat Commission Plan Regulation (AR 134/2012)

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

new board are the directors appointed by the Council under

section 19

of the Act until they are replaced by directors who are elected in

accordance with the new Plan and the bylaws.

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

are assumed by the new Commission.

(4) All funds held by the previous Commissions immediately before

the coming into force of this Regulation must be used by the new

Commission in accordance with the new Plan.

(5) Any obligation or liability that a person has

(

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

liability under the new Plan, or

(

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

obligation or liability with or in respect of the new board.

(6) Any reference to the previous boards, previous Commissions or

previous Plans in any document, agreement or regulation that is

subsisting or in force immediately before the coming into force of this

Regulation is deemed to be a reference to the new board, new

Commission or new Plan.

(7) Any proceeding that has been commenced but has not been

completed under the previous Plans or in respect of the previous

boards or previous Commissions may be continued and completed

under the new Plan or in respect of the new board or new Commission.

(8) Any matters or business of the previous boards or previous

Commissions that were in progress at the time of the coming into force

of this Regulation may be continued by the new board or new

Commission.

(9) A person who, immediately before the coming into force of this

Regulation, was employed by a previous Commission becomes, on the

coming into force of this Regulation, an employee of the new

Commission at the same remuneration and subject to the same terms and

conditions of employment as applied to that person immediately before

the coming into force of this Regulation.

(10) There is no break or interruption in the employment of a person

whose employment is affected by subsection (9).

(11) The employment of a person to whom subsection (9) applies may

after the day this Regulation comes into force in the same manner and

to the same extent as before that day.

(12) Subsection (9) does not apply to a director of a previous

Commission.

(13) A person who was an eligible producer under one or both of the

former regulations immediately before the coming into force of this

Regulation is deemed to be an eligible producer under this Regulation

for the 2023-2024 crop year.

(14) Notwithstanding

section 21, the following provisions are deemed

to continue in force with the modifications set out in subsection (15):

(

a) sections 11 and 12 of the Alberta Barley Plan Regulation

(AR 111/99);

(

b) sections 2 and 4 of the Alberta Barley Commission

Regulation (AR 123/99);

(

c) sections 11 and 12 of the Alberta Wheat Commission Plan

Regulation (AR 134/2012);

(

d) sections 2, 4 and 5 of the Alberta Wheat Commission

Regulation (AR 137/2012).

(15) The modifications referred to in subsection (14) are as follows:

(

a) a producer or dealer under one or both of the former

regulations is deemed to be a producer or dealer under this

Regulation;

(

b) a regulated product under the former regulations is deemed to

be a regulated product under this Regulation;

(

c) a previous Commission is deemed to be the new Commission.

(16) A legal action may be commenced under the new Plan to enforce

the payment of service charges that arose and were payable under the

previous Plans.

(17) Interest is payable in accordance with the new Plan on any late

payment of service charges that became due under the previous Plans.

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

regulations must be made to the new Commission, and the processing of

the refund must be made in accordance with the provisions set out in

subsection (14) as modified by subsection (15).

(19) Subsections (14), (15) and (18) expire on July 31, 2024.

Repeal

21 Subject to

section 20, the following regulations are repealed:

(

a) Alberta Barley Plan Regulation (AR 111/99);

(

b) Alberta Wheat Commission Plan Regulation (AR 134/2012).

Coming into force

22 This Regulation comes into force on August 1, 2023.

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

Alberta Regulation 103/2023

Marketing of Agricultural Products Act

SUGAR BEET PRODUCTION AND MARKETING

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: July 14, 2023

For information only: Made by the Alberta Sugar Beet Growers on May 31, 2023

and approved by the Alberta Agricultural Products Marketing Council on June 29,

2023 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act

and

section 9 of the Sugar Beet Marketing Plan Regulation (AR 275/97).

1 The Sugar Beet Production and Marketing Regulation

(AR 287/97) is amended by this Regulation.

Section 51 is amended by striking out "November 30, 2023"

and substituting "November 30, 2024".