Alberta Gazette — 15 May 2024 (Part II)

15 May 2024

Alberta — Gazette

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.

Document details

CollectionAlberta — Gazette
Citation15 May 2024
Typegazette
Volume / chapter09 May15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifierc2eccdd6e34fd578fba2e26413a5c30005194a2b

Source file is stored in the law ingest library (html).