Alberta Regulation 171/2018

Marketing of Agricultural Products Act

POTATO GROWERS OF ALBERTA PLEBISCITE REGULATION

Filed: September 21, 2018

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

on September 5, 2018 and approved by the Minister of Agriculture and Forestry

(M.O. 036/2018) on September 19, 2018 pursuant to

section 25(3) of the Marketing

of Agricultural Products Act.

Table of Contents

Definitions

2 Plebiscite

3 Criteria for plebiscite

4 Voting

5 Voting by proxy

6 Returning officer

7 Declaration of plebiscite

8 Information sessions

9 Registration

10 Holding of plebiscite

11 Scrutineers

12 Polling stations

13 Ballot count

14 Reporting results

15 Recount

16 Contesting a matter

17 Audit

18 Destruction of ballots

19 Substantial compliance

20 Expiry

Definitions

1(1) In this Regulation,

(a) "2018 crop year" means the period between January 1, 2018

and December 31, 2018;

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

(c) "area meeting" means an area meeting as described in

section

27 of the Potato Growers of Alberta Plan Regulation

(AR 291/2002);

(d) "date of the plebiscite" means November 15, 2018;

(e) "Department" means the department under the Minister

responsible for the Act;

(f) "eligible producer" means a producer who is described in

section 3(1)(a);

(g) "non-refundable", in respect of a service charge, means not

to be refunded;

(h) "Plan" means the Plan continued by the Potato Growers of

Alberta Plan Regulation (AR 291/2002);

(i) "plebiscite" means a plebiscite that is conducted pursuant to

this Regulation;

(j) "polling station" means a place where an eligible producer or

a person appointed as a proxy for an eligible producer votes

in the plebiscite in person;

(k) "refundable", in respect of a service charge, means

refundable in whole or in part at a producer's request;

(l) "regulated product" means potatoes;

(m) "scrutineer" means a person appointed as a scrutineer under

section 11;

(n) "service charge" means a service charge that is paid to the

Commission by or on behalf of a producer.

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

used in this Regulation.

Plebiscite

2 The Council shall conduct a plebiscite to determine whether the

service charges that are payable to the Commission should be

(

a) non-refundable, or

(

b) refundable.

Criteria for plebiscite

3(1) For the purpose of the plebiscite,

(

a) an eligible producer is a person who

(

i) is a licensed producer during the 2018 crop year, and

(ii) is an individual or an individual representing a

partnership, a corporation or an organization that is not

a partnership or a corporation,

(

b) a sufficient number of eligible producers is not less than 35%

of the total number of eligible producers on the date of the

plebiscite, and

(

c) a sufficient portion of the regulated product is not less than

50% of the total amount of the regulated product that is

marketed or that is capable of being produced during the

2018 crop year.

(2) For the purpose of the plebiscite, a partnership, a corporation or an

organization that is not a partnership or a corporation may have only

one individual as a representative.

Voting

4(1) An eligible producer or a person appointed as a proxy under

section 5 may vote in the plebiscite.

(2) Subject to

section 5(3), an eligible producer or a person appointed

as a proxy may vote only once in the plebiscite.

(3) A person who holds more than one licence issued by the

Commission may vote only once in the plebiscite.

Voting by proxy

5(1) An eligible producer may appoint a person as a proxy to vote on

the eligible producer's behalf if

(

a) the person to be appointed as a proxy is 18 years of age or

older, and

(

b) the eligible producer submits a proxy form to the returning

officer at least 2 days before the date of the plebiscite.

(2) A person may not be appointed as a proxy for more than one

eligible producer in respect of the plebiscite.

(3) If a person appointed as a proxy is also an eligible producer, the

person is entitled to vote in the person's own right as an eligible

producer and on behalf of the eligible producer who appointed the

person as a proxy.

Returning officer

6(1) The Council shall appoint a returning officer for the purpose of

the plebiscite.

(2) For the purpose of the plebiscite, the returning officer may appoint

deputy returning officers and poll clerks to act on behalf of the

returning officer.

(3) The returning officer shall

(

a) set the form of the ballot and other plebiscite documents,

(

b) arrange for the printing of ballots and other plebiscite

documents,

(

c) obtain from the Commission

(

i) a complete list of the names and addresses of the

licensed producers who produced the regulated product

during the 2018 crop year, and

(ii) the total amount of the regulated product that was

marketed or that was capable of being produced during

the 2018 crop year,

(

d) when satisfied as to the accuracy and completeness of the list

obtained under clause (b), adopt the list as the voters list,

(

e) make available to every person on the voters list a plebiscite

voting package that contains

(

i) a letter of explanation,

(ii) the voting procedure,

(iii) a ballot,

(iv) a proxy form, and

(

v) any other documents that the returning officer considers

appropriate,

and

(

f) at the Commission's annual meeting at Enoch, Alberta,

establish a polling station on the date of the plebiscite, so that

eligible producers or their appointed proxies may register,

receive ballots and cast ballots.

(4) The returning officer may issue directions and take other actions

that the returning officer considers necessary for the proper conduct of

the plebiscite.

Declaration of plebiscite

7(1) The Council shall declare the holding of the plebiscite at least 15

days before the date of the plebiscite.

(2) The declaration must contain the following information:

(

a) the plebiscite question;

(

b) the means by which information and documents respecting

the matter to be voted on may be obtained;

(

c) the date, time and location of each polling station at which

voting will take place;

(

d) the voting procedures.

(3) The declaration must be

(

a) published on the Department's website and the

Commission's website, and

(

b) sent to the last known physical or electronic address of each

eligible producer in the records of the Commission.

Information sessions

8(1) At each area meeting between October 22, 2018 and October 24,

2018, the Commission shall conduct an information session for the

purpose of informing eligible producers of the matter to be voted on in

the plebiscite and the plebiscite voting procedures.

(2) The returning officer shall publicize the date, time and location of

each information session.

Registration

9(1) For the purpose of the plebiscite, an eligible producer is

voluntarily registered with the Council if

(

a) the returning officer verifies the eligible producer's identity

in accordance with subsection (3),

(

b) the returning officer is satisfied that the eligible producer's

name appears on the voters list, and

(

c) the eligible producer signs for and receives a ballot from the

returning officer not later than 3:00 p.m. on the date of the

plebiscite.

(2) Despite subsection (1), an eligible producer who has appointed a

person as a proxy under

section 5 is voluntarily registered with the

Council if

(

a) the returning officer verifies the proxy's identity in

accordance with subsection (3),

(

b) the returning officer is satisfied that the eligible producer

who has appointed the proxy

(

i) is on the voters list, and

(ii) has submitted a proxy form to the returning officer,

and

(

c) the proxy signs for and receives a ballot from the returning

officer not later than 3:00 p.m. on the date of the plebiscite.

(3) An eligible producer or a person appointed as a proxy must

produce to the returning officer proof of the identity and current

address of the eligible producer or the proxy in the form of

(

a) one piece of identification issued by a Canadian government,

whether federal, provincial or local, or an agency of that

government, that contains the name and the current address

of the eligible producer or the proxy and a photograph of the

eligible producer or the proxy, or

(b) 2 pieces of identification authorized by the returning officer

each of which contain the name of the eligible producer or

the proxy and at least one of which establishes the current

address of the eligible producer or the proxy.

Holding of plebiscite

10 The Council shall be considered to have caused a plebiscite to

have been held, and the returning officer must, subject to this

Regulation, count the ballots cast in the plebiscite, if

(

a) a sufficient number of eligible producers as prescribed under

section 3(1)(

b) have voluntarily registered with the Council

under

section 9, and

(

b) the eligible producers who have registered with the Council

under

section 9 are collectively capable of producing a

sufficient portion of the regulated product as prescribed

under

section 3(1)(c).

Scrutineers

11(1) The returning officer may appoint one or more scrutineers to

observe the plebiscite process at a polling station while the poll is open

for voting.

(2) An eligible producer who wishes to become a scrutineer shall

apply to the returning officer at least 7 days before the date of the

plebiscite.

(3) The returning officer shall establish a code of conduct for

scrutineers.

(4) A scrutineer shall comply with the code of conduct, and a

scrutineer who fails to comply with the code of conduct may be

removed from the polling station.

Polling stations

12 The following persons may be present at a polling station while

the poll is open for voting:

(

a) the returning officer;

(

b) the deputy returning officer;

(

c) the poll clerk;

(

d) any eligible producers intending to vote;

(

e) any proxies intending to vote;

(

f) a representative of the Council;

(

g) a representative of the Commission;

(

h) any scrutineers appointed under

section 11 by the returning

officer in respect of the polling station;

(

i) a person who is present at the request of the returning officer

or the deputy returning officer to maintain order in the

polling station.

Ballot count

13(1) The returning officer shall, after 3:30 p.m. on the date of the

plebiscite, open the ballot box and count the ballots in the presence of

at least 2 other persons, one of whom represents the Council and one

of whom represents the Commission.

(2) The returning officer must reject any ballot

(

a) that is received after 3:30 p.m. on the date of the plebiscite,

(

b) that has not been supplied by the returning officer,

(

c) that, in the opinion of the returning officer, does not clearly

indicate the voter's choice, or

(

d) that, in the opinion of the returning officer, appears to have

been tampered with.

(3) A scrutineer may be present while the ballots are being counted,

with the prior approval of the returning officer.

Reporting results

14(1) The returning officer shall

(

a) announce the results of the vote prior to the close of the

meeting on the date of the plebiscite, and

(

b) report the results of the vote to the Minister, the Council and

the Commission within one day after the ballots have been

counted.

(2) The Council shall publish the results of the vote on the Council's

website within 3 days after the returning officer reports the results

under subsection (1).

Recount

15(1) The returning officer shall conduct a recount if there is a

difference in the result of the plebiscite of less than 1%.

(2) The recount shall be conducted by the returning officer as soon as

is practicable.

(3) A scrutineer may be present during the recount with the prior

approval of the returning officer.

(4) The returning officer shall report the results of the recount to the

Minister, the Council and the Commission within one day after the

recount is conducted.

(5) The Council shall publish the results of the recount on the

Council's website within 3 days after the returning officer reports the

results under subsection (4).

Contesting a matter

16(1) An eligible producer who is on the voters list may apply in

writing to the returning officer to contest

(

a) the eligibility of a voter,

(

b) any matter relating to a ballot or the ballot count, or

(

c) any irregularity with respect to the conduct of the plebiscite.

(2) An application to contest a matter under subsection (1) must be

made to the returning officer by November 29, 2018.

(3) Within 7 days after receiving an application, the returning officer

shall consider the matter and may

(

a) declare the plebiscite to be proper and the question decided

if, in the opinion of the returning officer, there is no basis for

the application,

(

b) declare the plebiscite to be proper and the question decided,

notwithstanding that there is a basis for the application if, in

the opinion of the returning officer,

(

i) the basis for the application did not materially affect the

result of the plebiscite,

(ii) the plebiscite was conducted substantially in accordance

with this Regulation and the Act,

(

c) declare the plebiscite to be void and the question undecided

if, in the opinion of the returning officer, there is a basis for

the application and the basis is sufficient to, or did, affect the

result of the plebiscite.

Audit

17(1) The Council may conduct an audit respecting any matter

relating to the plebiscite process or the results of the plebiscite.

(2) An audit under subsection (1) may be conducted on the Council's

own initiative or at the request of the returning officer.

(3) The Council shall not require an audit after the ballots have been

destroyed under

section 18.

Destruction of ballots

18 The returning officer shall destroy all ballots on or after the 90th

day after the results of the plebiscite are reported under

section 14,

unless otherwise directed by a court or the Council.

Substantial compliance

19 A proceeding that is in substantial compliance with this

Regulation is not open to objection on the ground that it is not in strict

compliance with this Regulation.

Expiry

20 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on November 30, 2019.

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

Alberta Regulation 172/2018

Marketing of Agricultural Products Act

ALBERTA BEEF PRODUCERS PLEBISCITE REGULATION

Filed: September 21, 2018

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

on September 5, 2018 and approved by the Minister of Agriculture and Forestry

(M.O. 035/2018) on September 19, 2018 pursuant to

section 25(3) of the Marketing

of Agricultural Products Act.

Table of Contents

Definitions

2 Plebiscite

3 Criteria for plebiscite

4 Returning officer

5 Voting

6 Declaration of plebiscite

7 Voter registration

8 Scrutineers

9 Polling stations

10 Ballot count

11 Reporting results

12 Recount

13 Contesting a matter

14 Audit

15 Destruction of ballots

16 Substantial compliance

17 Expiry

Definitions

1 In this Regulation,

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

(b) "Commission" means Alberta Beef Producers;

(c) "date of the plebiscite" means October 19, 2018;

(d) "Department" means the department under the Minister

responsible for the Act;

(e) "eligible producer" means a producer who is described in

section 3(1)(a);

(f) "non-refundable", in respect of a service charge, means not

to be refunded;

(g) "plebiscite" means a plebiscite that is conducted pursuant to

this Regulation;

(h) "polling station" means a place where an eligible producer

votes in the plebiscite in person;

(i) "refundable", in respect of a service charge, means

refundable in whole or in part at a producer's request;

(j) "regulated product" means cattle and cattle products;

(k) "relevant period" means the period within 24 months before

the date of the plebiscite;

(l) "scrutineer" means a person appointed as a scrutineer under

section 8;

(m) "service charge" means a service charge that is paid to the

Commission by or on behalf of a producer.

Plebiscite

2 The Council shall conduct a plebiscite to determine whether the

service charges that are payable to the Commission should be

(

a) non-refundable, or

(

b) refundable.

Criteria for plebiscite

3(1) For the purpose of the plebiscite,

(

a) an eligible producer is a producer who

(

i) is an individual or an individual representing a

partnership, a corporation or a joint venture,

(ii) is 18 years of age or older,

(iii) has, within the relevant period, sold the regulated

product and paid a service charge to the Commission,

and

(iv) has not previously voted in the plebiscite,

(

b) a sufficient number of eligible producers who produce a

sufficient portion of the regulated product will have

registered with the Council if any number of eligible

producers who have produced any of the regulated product

during the relevant period register to vote in accordance with

section 7, and

(

c) a partnership, a corporation or a joint venture may have only

one individual as a representative.

(2) For the purpose of subsection (1)(a)(iii),

(

a) an individual has sold the regulated product if a third party

on behalf of the individual made the sale and paid the service

charge, and

(

b) a partnership, a corporation or a joint venture has sold the

regulated product if

(

i) the partnership, the corporation or the joint venture

made the sale and paid the service charge, or

(ii) an individual on behalf of the partnership, the

corporation or the joint venture made the sale and paid

the service charge.

Returning officer

4(1) The Council shall appoint a returning officer for the purpose of

the plebiscite.

(2) For the purpose of the plebiscite, the returning officer may appoint

deputy returning officers and poll clerks to act on behalf of the

returning officer.

(3) The returning officer may delegate to a deputy returning officer or

a poll clerk any of the powers, duties or functions of the returning

officer under this Regulation except the power of delegation under this

subsection.

(4) The returning officer shall

(

a) set the form of the ballot, the certificate and other documents

for the plebiscite,

(

b) arrange for the printing of documents for the plebiscite,

(

c) establish polling stations,

(

d) arrange for the appointment and instruction of deputy

returning officers and poll clerks, if any are to be appointed,

(

e) establish and maintain a voters list,

(

f) make available, at all polling stations and other locations

designated by the returning officer, plebiscite voting

packages that contain

(

i) the voting procedures,

(ii) a ballot,

(iii) a ballot envelope,

(iv) a mailing envelope,

(

v) a certificate, and

(vi) any other documents that the returning officer considers

appropriate,

(

g) arrange for plebiscite voting packages to be mailed to eligible

producers who request to vote by mail-in ballot, and

(

h) ensure that plebiscite documents in the possession of the

returning officer are kept secure from unauthorized access.

(5) The returning officer may issue directions and take other actions

that the returning officer considers necessary for the proper conduct of

the plebiscite.

Voting

5(1) Eligible producers may vote in the plebiscite

(

a) at any polling station during the time the polling station is

open,

(

b) at a location designated by the returning officer, or

(

c) by means of a mail-in ballot that is sent by ordinary mail to

the returning officer if the mailing envelope is received by

the returning officer no later than 4:30 p.m. on November 13,

(2) Each eligible producer may vote only once in the plebiscite.

Declaration of plebiscite

6(1) The Council shall declare the holding of the plebiscite at least 15

days before the date of the plebiscite.

(2) The declaration must contain the following information:

(

a) the plebiscite question;

(

b) the means by which information and documents respecting

the matter to be voted on may be obtained;

(

c) the date, time and location of each polling station;

(

d) the voting procedures.

(3) The declaration must be

(

a) published on the Department's website and the

Commission's website, and

(

b) sent to the last known physical or electronic address of each

eligible producer in the records of the Commission.

Voter registration

7(1) An eligible producer may vote only if the eligible producer has

registered to vote.

(2) An eligible producer shall be considered to have registered to vote

when

(

a) the returning officer receives from the eligible producer a

certificate that is completed and signed by the eligible

producer, and

(

b) the eligible producer produces to the returning officer proof

of the eligible producer's identity and current residence in the

form of

(

i) one piece of identification issued by a Canadian

government, whether federal, provincial or local, or an

agency of that government, that contains the eligible

producer's name and current address and a photograph

of the eligible producer,

(ii) 2 pieces of identification authorized by the returning

officer each of which establish the eligible producer's

name and at least one of which establishes the eligible

producer's current address, or

(iii) if the eligible producer is voting by mail-in ballot, a

copy of the piece or pieces of identification referred to

in subclause (

i) or (ii).

(3) After an eligible producer has registered to vote, the returning

officer shall add the eligible producer's name to the voters list.

(4) If the returning officer considers, after reasonable investigation, that

a person who casts a ballot has not registered to vote, the returning

officer shall reject that person's ballot.

Scrutineers

8(1) The returning officer may appoint one or more scrutineers to

observe the plebiscite process at a polling station while the poll is open

for voting.

(2) An eligible producer who wishes to become a scrutineer shall

apply to the returning officer at least 7 days before the date of the

plebiscite.

(3) The returning officer shall establish a code of conduct for

scrutineers.

(4) A scrutineer shall comply with the code of conduct, and a

scrutineer who fails to comply with the code of conduct may be

removed from the polling station.

Polling stations

9 The following persons may be present at a polling station while the

poll is open for voting:

(

a) the returning officer;

(

b) the deputy returning officer;

(

c) the poll clerk;

(

d) eligible producers intending to vote;

(

e) a representative of the Council;

(

f) a representative of the Commission;

(

g) any scrutineers appointed under

section 8 by the returning

officer in respect of the polling station;

(

h) a person who is present at the request of the returning officer

or the deputy returning officer to maintain order in the

polling station.

Ballot count

10(1) No earlier than 4:30 p.m. on November 13, 2018, the returning

officer shall place each ballot envelope not rejected under

section 7(4)

into a ballot box without putting any identification mark on the ballot.

(2) After each ballot envelope has been placed in a ballot box, the

returning officer shall open each ballot box, remove the ballots from

the ballot envelopes contained in each box and count the ballots in the

presence of at least 2 other individuals, one of whom represents the

Council and one of whom represents the Commission.

(3) The returning officer shall reject any ballot

(

a) that is received after 4:30 p.m. on November 13, 2018,

(

b) that has not been printed and supplied by the returning

officer,

(

c) that, in the opinion of the returning officer, does not clearly

indicate the voter's choice, or

(

d) that, in the opinion of the returning officer, appears to have

been tampered with.

(4) A scrutineer may be present while the ballots are being counted

with the prior approval of the returning officer.

Reporting results

11(1) The returning officer shall report the results of the vote to the

Minister, the Council and the Commission within one day after the

ballots have been counted.

(2) The Council shall publish the results of the vote on the Council's

website within 3 days after the returning officer reports the results

under subsection (1).

Recount

12(1) The returning officer shall conduct a recount if there is a

difference in the result of the plebiscite of less than 1%.

(2) The recount shall be conducted by the returning officer as soon as

is practicable.

(3) A scrutineer may be present during the recount with the prior

approval of the returning officer.

(4) The returning officer shall report the results of the recount to the

Minister, the Council and the Commission within one day after the

recount is conducted.

(5) The Council shall publish the results of the recount on the

Council's website within 3 days after the returning officer reports the

results under subsection (4).

Contesting a matter

13(1) An eligible producer who is on the voters list may apply in

writing to the returning officer to contest

(

a) the eligibility of a voter,

(

b) any matter relating to a ballot or the ballot count, or

(

c) any irregularity with respect to the conduct of the plebiscite.

(2) An application to contest a matter under subsection (1) must be

made to the returning officer by November 27, 2018.

(3) Within 7 days of receiving an application, the returning officer

shall consider the matter and may

(

a) declare the plebiscite to be proper and the question decided

if, in the opinion of the returning officer, there is no basis for

the application,

(

b) declare the plebiscite to be proper and the question decided,

notwithstanding that there is a basis for the application if, in

the opinion of the returning officer,

(

i) the basis for the application did not materially affect the

result of the plebiscite, and

(ii) the plebiscite was conducted substantially in accordance

with this Regulation and the Act,

(

c) declare the plebiscite to be void and the question undecided

if, in the opinion of the returning officer, there is a basis for

the application and the basis is sufficient to, or did, affect the

result of the plebiscite.

Audit

14(1) The Council may conduct an audit respecting any matter

relating to the plebiscite process or the results of the plebiscite.

(2) An audit under subsection (1) may be conducted

(

a) on the Council's own initiative, or

(

b) at the request of the returning officer.

(3) The Council shall not conduct an audit after the date the ballots are

to be destroyed under

section 15.

Destruction of ballots

15 The returning officer shall destroy all ballots on or after the 90th

day after the results are reported under

section 11 unless otherwise

directed by a court or the Council.

Substantial compliance

16 A proceeding that is in substantial compliance with this

Regulation is not open to objection on the ground that it is not in strict

compliance with this Regulation.

Expiry

17 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 amended form following a review, this

Regulation expires on December 31, 2019.

Alberta Regulation 173/2018

Cemeteries Act

Consumer Protection Act

SERVICE ALBERTA REGULATIONS AMENDMENT REGULATION

Filed: September 26, 2018

For information only: Made by the Minister of Service Alberta (M.O. SA:033/2018)

on September 24, 2018 pursuant to sections 4.1, 12, 42, 158.5, 162(2), 183(a), (

b) and

(c)(xiv) of the Consumer Protection Act and sections 60(2) and 65 of the Cemeteries

Act.

1 The Administrative Penalties (Fair Trading Act)

Regulation (AR 135/2013) is amended

(

a) in the title by striking out "FAIR TRADING" and

substituting "CONSUMER PROTECTION";

(

b) by repealing

section 7.

2 The Commercial Cemeteries Regulation (AR 247/98) is

amended in

section 19 by striking out "November 30, 2018"

and substituting "November 30, 2021".

3 The Crematories Designation Regulation (AR 11/2002) is

amended in

section 2 by striking out "November 30, 2018" and

substituting "November 30, 2021".

4 The General Regulation (AR 249/98) is amended in

section 49 by striking out "November 30, 2018" and

substituting "November 30, 2021".

5 The Gift Card Regulation (AR 146/2008) is amended in

section 8 by striking out "October 31, 2018" and substituting

"October 31, 2020".

6 The Internet Sales Contract Regulation (AR 81/2001) is

amended in

section 14 by striking out "September 30, 2018"

and substituting "September 30, 2021".

Alberta Regulation 174/2018

Livestock and Livestock Products Act

PURCHASE AND SALE OF EGGS AND PROCESSED EGG

AMENDMENT REGULATION

Filed: September 27, 2018

For information only: Made by the Minister of Agriculture and Forestry

(M.O. 033/2018) on September 24, 2018 pursuant to

section 1(1) of the Livestock and

Livestock Products Act.

1 The Purchase and Sale of Eggs and Processed Egg

Regulation (AR 23/2004) is amended by this Regulation.

Section 1(

d) is amended by striking out "Rural

Development" and substituting "Forestry".

Section 20 is repealed.

4 The

Schedule is amended in the heading to Form 1 by

striking out "Rural Development" and substituting

"Forestry".