Alberta Gazette — 15 May 2024 (Part II)
15 May 2024
Alberta — Gazette
Alberta Regulation 70/2024
Skilled Trades and Apprenticeship Education Act
DESIGNATED TRADES AND RESTRICTED ACTIVITIES
AMENDMENT REGULATION
Filed: April 22, 2024
For information only: Made by the Minister of Advanced Education (M.O.
114/2024) on April 12, 2024 pursuant to
section 22(2) of the Skilled Trades and
Apprenticeship Education Act.
1 The Designated Trades and Restricted Activities
Regulation (AR 161/2022) is amended by this Regulation.
Schedule 2 is amended in sections 75(1)(a), 77(1)(a),
79(1)(
a) and 89(1)(
a) by striking out "National Building
Code - 2019 Alberta Edition declared in force, as amended or replaced
from time to time, by the Building Code Regulation (AR 31/2015)"
and substituting "code declared in force with respect to buildings
section 1 of the Building Code Regulation (AR 5/2024)".
3 This Regulation comes into force on May 1, 2024.
--------------------------------
Alberta Regulation 71/2024
Fuel Tax Act
FUEL TAX AMENDMENT REGULATION
Filed: April 24, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 77/2024)
on April 24, 2024 pursuant to
section 71(1) of the Fuel Tax Act.
1 The Fuel Tax Regulation (AR 62/2007) is amended by this
Regulation.
Section 1(1) is amended
(
a) by adding the following after clause (c):
(c.1) "band" means a band as defined in the Indian Act
(Canada);
(
b) by repealing clauses (
x) and (z);
(
c) in clause (bb)(ii) by striking out ", 12 and 28" and
substituting "and 12";
(
d) in clause (cc) by striking out "in the form of an
identification card";
(
e) by repealing clause (gg.1) and substituting the
following:
(gg.1) "renewable alcohol" means a fuel described in
section
3(1)(
a) and (
b) of the Renewable Fuels Standard
Regulation (AR 29/2010), and includes
(
i) any denaturant in the fuel, and
(ii) any other additives that account for a total of no
more than 1% of the volume of the fuel;
3 The following is added after
section 2:
No tax payable on liquefied petroleum gas
2.1 For the purposes of
section 6(3)(
b) of the Act, no tax is payable
under that
section at the time liquefied petroleum gas is purchased in
(
a) a sealed, pre-packaged container that holds not more than 4
litres of liquefied petroleum gas, or
(
b) a pre-filled or refilled cylinder that holds not more than 28
litres of liquefied petroleum gas.
Section 6(8) is repealed and the following is substituted:
(8) A person who is liable under
section 18, 19 or 20 of the Act to
pay tax shall remit the tax to the Minister within 7 days from the date
the tax becomes payable.
5 The following is added after
section 7:
Eligibility to purchase clear tax-exempt fuel for personal use
7.1 For the purposes of
section 8 of the Act, an Indian is eligible to
purchase clear tax-exempt fuel for personal use from an exempt-sale
vendor on
(
a) a reserve,
(
b) the settlement known as the Garden River settlement, located
in the southwest corner of Wood Buffalo National Park, or
(
c) the land legally described as Plan 0322267, Block 1, Lot 1,
excepting thereout all mines and minerals, as long as that
land is owned by Heart Lake Natural Resource Development
Incorporated on behalf of the Heart Lake First Nation.
Section 8 is amended
(
a) by repealing subsection (1)(
b) and substituting the
following:
(
b) a band for the purpose of purchasing fuel on a reserve or
at a place referred to in
section 7.1(
b) or (
c) for use by
the band.
(
b) by repealing subsection (2);
(
c) by repealing subsection (4) and substituting the
following:
(4) For the purposes of sections 8 and 9 of the Act, a farmer
is eligible to apply to the Minister for a fuel tax exemption
certificate to purchase marked fuel exempt or partially
exempt from tax from an exempt-sale vendor for farming
operations in Alberta carried on by the farmer.
Section 9 is amended
(
a) in subsection (3) by striking out "an Indian or Indian
band" and substituting "a band";
(
b) by repealing subsection (4);
(
c) by repealing subsection (5) and substituting the
following:
(5) The Minister shall not issue a ministerial identification card
to a band unless all or part of the band's reserve is in Alberta or
unless the band has an office in Alberta.
(
d) in subsection (6) by striking out "an Indian band" and
substituting "a band".
Section 11(1)(
a) is amended by striking out "section 8(2)"
and substituting "section 7.1(
b) or (c)".
Section 12 is amended
(
a) by repealing subsection (3.1);
(
b) in subsection (3.3) by striking out "Indian band"
wherever it occurs and substituting "band";
(
c) by adding the following after subsection (4)(c):
(c.1) the applicant is not dealing at arm's length with a
person whose fuel tax exemption certificate has been
suspended or cancelled or whose application for a fuel
tax exemption certificate has been refused,
(
d) by repealing subsection (10) and substituting the
following:
(10) If the Minister declares a federal identification card to
be invalid for the reason referred to in subsection (6)(
b) and
the debt is subsequently paid, the federal identification card
is valid for the purposes of the Act and this Regulation on
payment.
(10.1) If a federal identification card is valid on payment
under subsection (10), the Minister shall notify the holder of
the card and any relevant exempt-sale vendors of that fact.
(
e) in subsection (13) by striking out "Indian or Indian
band, as the case may be, satisfies the Minister that the
identification card" and substituting "band satisfies the
Minister that the card".
Section 13(2) is amended by striking out "person's
ministerial identification card has been suspended or cancelled or the
person's" and substituting "band's ministerial identification card
has been suspended or cancelled or the Indian's".
Section 14 is amended
(
a) by repealing subsections (2) and (3) and
substituting the following:
(2) If the consumer is an Indian, the exempt-sale vendor
shall
(
a) record the registration number that appears on the
federal identification card, and
(
b) take reasonable steps to ensure that the consumer is the
person identified on the card.
(3) If the consumer is a band, the exempt-sale vendor shall
(
a) record the approval number of the ministerial
identification card, and
(
b) take reasonable steps to ensure that the fuel is paid for
by the band.
(
b) in subsection (6)(
a) by striking out "Indian band" and
substituting "band".
Section 18 is amended by striking out "Indian band"
wherever it occurs and substituting "band".
Section 20(4) is amended by striking out "Indian bands"
and substituting "bands".
Section 22 is repealed.
Section 23 is amended
(
a) in subsection (1)
(
i) by repealing clause (a);
(ii) by repealing clause (
d) and substituting the
following:
(
d) fuel purchased by an Indian or band who would
otherwise have been entitled under
section 8 of the
Act to purchase clear tax-exempt fuel on a reserve
or at a place referred to in
section 7.1(
b) or (
c) of
this Regulation except for the fact that,
(
i) in the case of an Indian, the Indian's federal
identification card has been declared invalid
by the Minister, or
(ii) in the case of a band, the band's ministerial
identification card has been suspended or
cancelled;
(iii) in clause (
e) by striking out "Indian band" and
substituting "band";
(iv) by repealing clause (j);
(
b) by repealing subsection (2.1).
16 Sections 24, 25 and 26 are repealed.
17 The heading preceding
section 27 and sections 27 to
30.1 are repealed.
Section 34 is repealed and the following is substituted:
Duty to notify Minister
34 A consumer who holds a fuel tax exemption certificate shall
immediately notify the Minister if the consumer
(
a) ceases to conduct activities that qualify the consumer to
apply for a fuel tax exemption certificate,
(
b) is the subject of proceedings related to bankruptcy,
insolvency or receivership,
(
c) is a corporation and the consumer
(
i) amalgamates with another corporation,
(ii) is wound up, liquidated or dissolved, or
(iii) is subject to any proceedings under the Companies'
Creditors Arrangement Act (Canada),
(
d) is a partnership and there is a change in the partners of the
partnership.
Section 36 is amended by striking out "refund, rebate,
allowance, grant or reimbursement" wherever it occurs and
substituting "refund or rebate".
Section 39(2)(
f) is repealed.
Section 43 is amended
(
a) by repealing subsections (3) and (5);
(
b) in subsection (6) by striking out "refund, rebate,
allowance or grant" and substituting "refund or rebate".
--------------------------------
Alberta Regulation 72/2024
Government Organization Act
AUTHORIZED ACCREDITED AGENCIES (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: April 24, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 81/2024)
on April 24, 2024 pursuant to
Schedule 10,
section 2 of the Government Organization
Act.
1 The Authorized Accredited Agencies Regulation
(AR 184/95) is amended by this Regulation.
Section 8 is amended by striking out "April 30, 2024" and
substituting "November 30, 2026".
--------------------------------
Alberta Regulation 73/2024
Safety Codes Act
GAS CODE AMENDMENT REGULATION
Filed: April 24, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 82/2024)
on April 24, 2024 pursuant to
section 65 of the Safety Codes Act.
1 The Gas Code Regulation (AR 111/2010) is amended by
this Regulation.
Section 1(3) is amended by striking out " "National Building
Code - 2019 Alberta Edition as declared in force by the Building Code
Regulation" " and substituting " "code declared in force with
respect to buildings by
section 1 of the Building Code Regulation
(AR 5/2024)" ".
3 This Regulation comes into force on May 1, 2024.
--------------------------------
Alberta Regulation 74/2024
Safety Codes Act
PERMIT AMENDMENT REGULATION
Filed: April 24, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 83/2024)
on April 24, 2024 pursuant to
section 65 of the Safety Codes Act.
1 The Permit Regulation (AR 204/2007) is amended by this
Regulation.
Section 1(1)(
p) is amended by striking out "National
Building Code - 2019 Alberta Edition declared in force by the Building
Code Regulation (AR 31/2015)" and substituting "code declared in
force with respect to buildings by
section 1 of the Building Code
Regulation (AR 5/2024)".
Section 6(2) is amended by striking out "relevant building
code declared in force under the Building Code Regulation
(AR 31/2015)" and substituting "code declared in force with
respect to buildings by
section 1 of the Building Code Regulation
(AR 5/2024)".
4 This Regulation comes into force on May 1, 2024.
--------------------------------
Alberta Regulation 75/2024
Safety Codes Act
PLUMBING CODE AMENDMENT REGULATION
Filed: April 24, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 84/2024)
on April 24, 2024 pursuant to
section 65 of the Safety Codes Act.
1 The Plumbing Code Regulation (AR 119/2007) is
amended by this Regulation.
Section 1(3) is amended by striking out " "National Building
Code - 2019 Alberta Edition, as declared in force by the Building Code
Regulation (AR 31/2015)" " and substituting " "code declared in
force with respect to buildings by
section 1 of the Building Code
Regulation (AR 5/2024)" ".
3 This Regulation comes into force on May 1, 2024.
--------------------------------
Alberta Regulation 76/2024
Marketing of Agricultural Products Act
EGG FARMERS OF ALBERTA PLAN
AMENDMENT REGULATION
Filed: April 24, 2024
For information only: Made by the Minister of Agriculture and Irrigation (M.O.
5/2024) on April 16, 2024 pursuant to
section 23 of the Marketing of Agricultural
Products Act.
1 The Egg Farmers of Alberta Plan Regulation (AR 26/2022)
is amended by this Regulation.
Section 9(2) is amended by adding the following after
clause (d):
(d.1) respecting assurance programs and standards;
3 The heading "Division 1 Composition of and
Election to Board" before
section 13 is repealed.
4 The heading "Division 2 Invalid or Controverted
Election, Vacancy" before
section 15 is repealed.
Section 15 is amended
(
a) by repealing subsection (1) and substituting the
following:
Insufficient attendance
15(1) If there is in attendance at a meeting at which an
election is held an insufficient number of persons who are
eligible to vote at the election in accordance with the bylaws,
(
a) the election is void, and
(
b) the position for which the election was held is vacant.
(
b) by adding the following after subsection (2):
(3) If a position is vacant under subsection (1), the Board may
appoint an individual to the position in accordance with
section
Section 16 is repealed and the following is substituted:
Election irregularities
16(1) If a registered 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 registered producer may, not later than 30 days after the date of
the election, apply in writing to the Council to have the election
declared void and the position declared vacant.
(2) If the Council has not received an application under subsection
(1) within the 30-day period referred to in subsection (1), an
individual elected at that election is deemed to be duly elected.
(3) The Council shall not consider an application under subsection
(1) that is not received by the Council within the 30-day period
referred to in subsection (1).
(4) On receipt of an application under subsection (1), the Council
shall consider the matter and may
(
a) declare the election to be proper and the position filled if, in
the opinion of the Council, there is no basis for the
application,
(
b) declare the election to be proper and the position filled,
notwithstanding that there is a basis for the application if, in
the opinion of 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, 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 meeting be held and an election conducted to fill the
vacant position for the unexpired portion of the term, or
(
b) notify the Board that the position is vacant and that the Board
may appoint an individual to fill the vacant position in
accordance with
section 17.
(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.
Section 17(1) is amended by striking out "If" and
substituting "Subject to
section 16(5), if".
Section 18 is amended by striking out "September 30, 2024"
and substituting "September 30, 2031".
Alberta Regulation 77/2024
Marketing of Agricultural Products Act
ALBERTA PULSE GROWERS MARKETING
PLAN REGULATION
Filed: April 24, 2024
For information only: Made by the Minister of Agriculture and Irrigation (M.O.
6/2024) on April 17, 2024 pursuant to
section 23 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 continued
4 Termination of Plan
5 Application of Plan
6 Purposes of Plan
Division 2
Operation of Plan by Commission
7 Commission continued
8 Functions of Commission
9 Regulations to operate Plan
10 Financing of Plan
11 Service charges refundable
12 No indemnification or other funds
Part 2
Governance of Plan
13 Zone
14 Zone advisors
15 Composition of Commission
16 Election of zone directors
17 Election of directors at large
18 Vacancy
19 Insufficient attendance
20 Election irregularities
Part 3
Review, Transitional and Repeal
21 Review
22 Transitional
23 Repeal
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 held in
accordance with the bylaws;
(c) "bean grower" means an eligible producer who,
(
i) during the current crop year, grows dry beans for sale,
(ii) during either of the 2 immediately preceding crop years,
grew dry beans for sale;
(d) "broker" means a person who, for a commission or fee,
brings parties together and assists in negotiating contracts
between them;
(e) "bylaws" means bylaws made by the Commission pursuant
section 26(2.1) of the Act;
(f) "Commission" means the Alberta Pulse Growers
Commission;
(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 purchasing or acquiring regulated
product from a producer and includes
(
i) elevator companies, grain companies, grain dealers,
grain brokers, processors, feed manufacturers and
livestock feeders, and
(ii) persons who acquire regulated product for sale on the
producer's behalf,
but does not include a person purchasing or acquiring
regulated product from a producer solely for the person's
own use and not for resale;
(j) "director" means a director of the Commission, whether
elected or appointed as a zone director or director at large;
(k) "eligible producer" means a producer who qualifies as an
eligible producer under the bylaws or a person who notifies
the Commission in writing under
section 5(2);
(l) "non-bean grower" means an eligible producer who,
(
i) during the current crop year, grows peas, lentils,
fababeans, soybeans, lupines, chickpeas or mung beans
for sale, or
(ii) during either of the 2 immediately preceding crop years,
grew peas, lentils, fababeans, soybeans, lupines,
chickpeas or mung beans for sale;
(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) "Plan" means the Alberta Pulse Growers Marketing Plan
referred to in
section 3;
(o) "processing" means altering pulses from their raw or natural
state;
(p) "processor" means a person engaged in the business of
processing pulses;
(q) "producer" means a person who,
(
i) during the current crop year, grows pulses for sale, or
(ii) during either of the 2 immediately preceding crop years,
grew pulses for sale;
(r) "pulse" means the dry edible seeds of the following
leguminous crops:
(
i) peas;
(ii) beans;
(iii) lentils;
(iv) fababeans;
(
v) soybeans;
(vi) lupines;
(vii) chickpeas;
(viii) mung beans;
(s) "regulated product" means pulse other than pulse used for
planting;
(t) "special Commission meeting" means a special general
meeting of the directors and the eligible producers held in
accordance with the bylaws;
(u) "special zone meeting" means a special general meeting, held
in accordance with the bylaws, of the eligible producers who
produce or grow pulse crops within a zone;
(v) "zone advisor" means a person elected or appointed as a zone
advisor in accordance with the bylaws.
Designation of agricultural product
2 Pulse is designated as an agricultural product for the purposes of
the Act.
Part 1
General Operation of Plan
Division 1
Plan
Plan continued
3 The Alberta Pulse Growers Marketing Plan continued under the
Alberta Pulse Growers Marketing Plan Regulation (AR 120/99) is
amended and continued under this Regulation.
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 under the
Act.
Application of Plan
5(1) The Plan applies
(
a) to all of Alberta,
(
b) to all persons in Alberta who produce or market or produce
and market the regulated product, and
(
c) for the purposes of
section 9(
a) to (
d) and (h),
(
i) to any dealer, and
(ii) to any person who is not an eligible producer or a dealer
and who markets or processes the regulated product.
(2) Any person who grows pulses on one or more parcels of land that,
in the aggregate, exceed 10 acres in area and disposes of that person's
entire pulse crop by
(
a) using the pulses on that person's own farm or feedlot, or
(
b) using a portion of the pulses on that person's own farm or
feedlot,
may in writing notify the Commission that the person wishes to be an
eligible producer for the purposes of the Plan and on the Commission
being so notified that person is an eligible producer under the Plan
until the person either
(
c) ceases growing pulses for the 2 crop years immediately
succeeding the present crop year, or
(
d) notifies the Commission in writing that the person no longer
wishes to be an eligible producer under the Plan.
Purposes of Plan
6(1) The purposes of the Plan are to do the following:
(
a) to sponsor, direct and assist in research and development of
all kinds pertaining to the furtherance and development of the
pulse industry in Alberta;
(
b) to provide studies, research and development in connection
with the production and marketing of pulses, including help
to eligible producers and dealers in implementing proper
measures respecting the production, processing and
marketing of pulses;
(
c) to direct and assist in the advertising of and to promote the
consumption of pulses;
(
d) to work with federal and provincial agencies and with any
person to improve the pulse industry;
(
e) to represent the pulse industry at regional, national and
international meetings, where possible;
(
f) to represent the pulse industry at public hearings and
inquiries that are of concern to eligible producers;
(
g) to act as an agent on behalf of eligible producers in respect of
matters relating to the Canada Revenue Agency's Scientific
Research and Experimental Development Program as it
applies to pulses;
(
h) to advise governments on matters concerning the pulse
industry;
(
i) to work with any other organization that has similar
objectives to those of the Commission.
(2) Under the 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 continued
7 The Alberta Pulse Growers Commission is continued.
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) in accordance with
section 50 of the Act, may 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).
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 the
regulated product to furnish to the Commission any
information relating to the production, marketing or
processing of the regulated product that the Commission
considers necessary;
(
b) requiring all dealers to be licensed under the Plan before they
become engaged in the marketing or processing of pulses;
(
c) prohibiting dealers from engaging in the marketing or
processing of pulses except under the authority of a licence
issued under the Plan;
(
d) governing the issuance, suspension or cancellation of a
licence issued under the Plan;
(
e) 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;
(
f) providing for a refund of service charges;
(
g) requiring any dealer or other 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;
(
h) providing for the use of any class of service charges or other
money payable to or received by the Commission for the
purposes of paying its expenses and administering the Plan
and the regulations made by the Commission.
Financing of Plan
10 In accordance with the regulations,
(
a) the 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 service charges are to be collected by the dealer if the
product is being purchased or acquired by a dealer;
(
c) the service charges are to be collected directly from the
producer if the product is purchased or acquired by a person
who is not a dealer;
(
d) the service charges are to be assessed against all producers on
a uniform unit basis and calculated on the quantity of the
various pulses sold by the producers;
(
e) the amount of the service charges is to be established at the
annual Commission meeting;
(
f) the Commission may vary the service charges
(
i) at the annual Commission meeting, or
(ii) at a special Commission meeting called for that
purpose.
Service charges refundable
11(1) In accordance with the regulations, the service charge is
refundable to an eligible producer, on request of the eligible producer.
(2) In the event that within one crop year
(
a) the eligible producers requesting a refund of the service
charges comprise more than 35% of 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 shall be
subject to approval by a majority of eligible producers at a plebiscite to
be held under the direction of the Council pursuant to the Act.
(3) The Commission must, within 120 days following the end of a
crop year, report to the Council the refunds made under this
section for
that crop year.
No indemnification or other funds
12 A fund shall not be established under
section 34 or 35 of the Act.
Part 2
Governance of Plan
Zone
13(1) For the purposes of the Plan and the bylaws, Alberta is divided
into 5 zones.
(2) The area included in each zone is as set out in the bylaws.
Zone advisors
14 Each zone is represented by advisors elected or appointed in
accordance with the bylaws.
Composition of Commission
15(1) The Commission consists of
(a) 10 directors, being 2 zone directors from each zone,
(
b) one director at large from among the non-bean grower
producers, and
(
c) one director at large from among the bean grower producers.
(2) To be eligible for election as a director, an eligible producer must
meet the eligibility requirements set out in the bylaws.
(3) In addition to the directors referred to in subsection (1), the
Commission may appoint non-voting advisors to sit on the
Commission in whatever capacity that the Commission considers to be
in the best interests of the pulse industry.
Election of zone directors
16(1) The election of directors to represent a zone is to be carried out
by means of a vote of the zone advisors of that zone in accordance with
the procedures set out in the bylaws.
(2) An election described in subsection (1) is to be held each year
following the announcement of the results of any election of advisors
for the zone and before the commencement of the annual Commission
meeting.
Election of directors at large
17 The election for the directors at large is to be conducted at the
annual Commission meeting by means of a vote of eligible producers in
accordance with the procedures set out in the bylaws.
Vacancy
18 Subject to
section 20(5), if a vacancy occurs on the Commission,
the Commission, 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.
Insufficient attendance
19(1) If there is in attendance at a meeting at which an election is held
an insufficient number of persons who are eligible to vote at the
election in accordance with the bylaws,
(
a) the election is void, and
(
b) the position for which the election was held is vacant.
(2) Notwithstanding that a position is vacant by virtue of subsection
(1), the bylaws may provide that the term of office of the position is
deemed to have commenced as if an individual had been elected to the
position.
(3) If a position is vacant under subsection (1), the position may be
filled
(
a) by appointing an individual in accordance with
section 18, in
the case of a zone director or director at large vacancy, or
(
b) by appointing an individual in accordance with the bylaws, in
the case of a zone advisor vacancy.
Election irregularities
20(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 30 days after the day on which the
election was held, 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 30-day period referred to in subsection (1), an individual
elected at that election is deemed to be duly elected.
(3) The Council shall not consider an application under subsection (1) that
is not received by the Council within the 30-day period referred
to in subsection (1).
(4) On receipt of an application under subsection (1), the Council shall
consider the matter and may
(
a) declare the election to be proper and the position filled if, in
the opinion of the Council, there is no basis for the
application,
(
b) declare the election to be proper and the position filled,
notwithstanding that there is a basis for the application if, in
the opinion of 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,
(
i) in the case of a zone advisor, a special zone meeting be
held,
(ii) in the case of a zone director, a meeting of the zone
advisors be held, or
(iii) in the case of a director at large, a special Commission
meeting be held
and an election be conducted to fill the vacant position for
the unexpired portion of the term in accordance with the
bylaws, or
(
b) notify the Commission that the position is vacant and that,
(
i) in the case of a zone advisor, an individual may be
appointed to fill the vacant position in accordance with
the bylaws and, where the Council considers Council
approval is warranted in the circumstances, with the
approval of the Council, or
(ii) in the case of a zone director or director at large, an
individual may be appointed to fill the vacant position
in accordance with
section 18.
(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 and Repeal
Review
21 In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before June 30, 2031.
Transitional
22 A zone advisor or director holding office immediately before the
coming into force of this Regulation continues to hold office until the
expiry of the individual's term of office in accordance with the Plan
and the bylaws unless
(
a) the individual is removed or resigns from office, or
(
b) the bylaws reduce the term of office for that position.
Repeal
23 The Alberta Pulse Growers Marketing Plan Regulation
(AR 120/99) is repealed.
Alberta Regulation 78/2024
Heroes' Compensation Act
HEROES' COMPENSATION REGULATION
Filed: April 26, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 91/2024)
on April 26, 2024 pursuant to
section 7(1) of the Heroes' Compensation Act.
Wildfire responder
1 For the purposes of this Regulation, a "wildfire responder" is an
individual who fights, suppresses or extinguishes a wildfire.
Prescribed as being a worker
2 For the purposes of the Act, a wildfire responder is prescribed as
being a worker.
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 May 31, 2029.
--------------------------------
Alberta Regulation 79/2024
Consumer Protection Act
APPEAL BOARD (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: April 26, 2024
For information only: Made by the Minister of Service Alberta and Red Tape
Reduction (M.O. 11/2024) on April 24, 2024 pursuant to
section 183 of the Consumer
Protection Act.
1 The Appeal Board Regulation (AR 195/99) is amended by
this Regulation.
Section 17 is amended by striking out "June 30, 2024" and
substituting "June 30, 2029".
Alberta Regulation 80/2024
Consumer Protection Act
TICKET SALES (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: April 26, 2024
For information only: Made by the Minister of Service Alberta and Red Tape
Reduction (M.O. 12/2024) on April 24, 2024 pursuant to
section 57.6 of the
Consumer Protection Act.
1 The Ticket Sales Regulation (AR 78/2018) is amended by
this Regulation.
Section 4 is amended by striking out "April 30, 2024" and
substituting "April 30, 2029".
--------------------------------
Alberta Regulation 81/2024
Electric Utilities Act
ISOLATED GENERATING UNITS AND CUSTOMER CHOICE (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: April 26, 2024
For information only: Made by the Minister of Affordability and Utilities (M.O.
66/2024) on April 24, 2024 pursuant to
section 99 of the Electric Utilities Act.
1 The Isolated Generating Units and Customer Choice
Regulation (AR 165/2003) is amended by this Regulation.
Section 29 is amended by striking out "April 30, 2024" and
substituting "April 30, 2029".
Alberta Regulation 82/2024
Marketing of Agricultural Products Act
ALBERTA OAT GROWERS COMMISSION
AMENDMENT REGULATION
Filed: May 1, 2024
For information only: Made by the Alberta Oat Growers Commission on March 21,
2024 and approved by the Alberta Agricultural Products Marketing Council on April
4, 2024 pursuant to
section 26 of the Marketing of Agricultural Products Act and
section 9 of the Alberta Oat Growers Commission Plan Regulation (AR 151/2022).
1 The Alberta Oat Growers Commission Regulation
(AR 138/2012) is amended by this Regulation.
Section 2 is amended by striking out "$0.50" and
substituting "$0.75".
3 This Regulation comes into force on August 1, 2024.