THE ALBERTA GAZETTE,

PART II, DECEMBER 31, 1997

Alberta Regulation 247/97

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: December 3, 1997

Made by the Lieutenant Governor in Council (O.C. 581/97) pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans Act.

1 The Local Authorities Pension Plan (AR 366/93) is amended by this

Regulation.

Part 1 of

Schedule 2 is amended by adding the following body to the

list in that

Part in its appropriate alphabetical order:

Enmax Corporation

3 This Regulation comes into force on January 1, 1998.

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Alberta Regulation 248/97

Regional Airports Authorities Act

REGIONAL AIRPORTS AUTHORITIES AMENDMENT REGULATION

Filed: December 3, 1997

Made by the Lieutenant Governor in Council (O.C. 594/97) pursuant to

section 40 of the Regional Airport Authorities Act.

1 The Regional Airports Authorities Regulation (AR 149/90) is amended by

this Regulation.

Section 11(1)(

d) is repealed and the following is substituted:

(

d) if he is a person employed, whether under a contract of service

or a contract for services, in the public service of any national,

provincial, state, regional or local government;

Alberta Regulation 249/97

Employment Standards Code

EMPLOYMENT STANDARDS AMENDMENT REGULATION

Filed: December 3, 1997

Made by the Lieutenant Governor in Council (O.C. 595/97) pursuant to

section 138 of the Employment Standards Code.

1 The Employment Standards Regulation (AR 14/97) is amended by this

Regulation.

Section 66 is amended by striking out "December 31, 1997" and

substituting "June 30, 1999".

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Alberta Regulation 250/97

Alberta Housing Act

MANAGEMENT BODY OPERATION AND ADMINISTRATION

AMENDMENT REGULATION

Filed: December 5, 1997

Made by the Minister of Municipal Affairs (M.O. H:059/97) pursuant to

section 34(1) of the Alberta Housing Act.

1 The Management Body Operation and Administration Regulation (AR 243/94)

is amended by this Regulation.

Section 30 is amended by repealing subsection (1) and substituting the

following:

Building reports

30(1) A management body shall, with respect to housing accommodation

that it operates and administers and that is owned by the Crown, submit to

the Deputy Minister a property condition and inspection report at the times

required by the Minister.

Alberta Regulation 251/97

Agricultural Societies Act

AGRICULTURAL SOCIETIES ACT FORMS REGULATION

Filed: December 9, 1997

Made by the Minister of Agriculture, Food and Rural Development pursuant to

section 43(1.1) of the Agricultural Societies Act.

Forms

1 The forms in the

Schedule are the forms prescribed for the purposes of

the Agricultural Societies Act.

Expiry

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

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

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

expires on July 1, 2002.

Repeal

3 The Forms Regulation (AR 457/81) is repealed.

SCHEDULE

FORM 1

AGRICULTURAL SOCIETIES ACT

(Section 3)

APPLICATION FOR FORMATION OF A SOCIETY

To the Minister of Agriculture, Food and Rural Development for Alberta:

We, the undersigned, apply to be formed into an agricultural society under

the Agricultural Societies Act.

The proposed name of the society is "The Agricultural

Society".

The proposed chief place of business of the society is at in

Alberta.

Each of the undersigned

is 18 years of age or older;

is a resident of Alberta;

is not a member of any other agricultural society as defined in the

Agricultural Societies Act;

has subscribed and paid to the funds of the society the amount set

out below.

Dated at this day of , 19

Printed

Name

Signature

Occupation

Mailing Address

Amount Subscribed and Paid

AFFIDAVIT VERIFYING APPLICATION

Canada ) I, of

Province of Alberta ) in the Province of Alberta, make oath

To Wit: ) and say:

1 I am one of the applicants;

2 I believe that the statements made in the application by each of the

applicants are true;

3 The amount of dollars, being the total amount paid by the

applicants to the funds of the proposed Agricultural Society

is now held by in trust for the proposed society.

Sworn before me at )

in the Province of Alberta, this )

day of ) (Signature)

19 )

A in and for the Province of Alberta

FORM 2

AGRICULTURAL SOCIETIES ACT

(Section 3)

PROVINCE OF ALBERTA

Certificate of Incorporation

The following persons, (names and addresses of applicants) having met the

requirements of the Agricultural Societies Act, are on this day

incorporated as an agricultural society under the name of "The

Agricultural Society" with its chief place of business at

in Alberta, and are subject in all respects to the Agricultural

Societies Act.

Minister of Agriculture, Food and Rural Development for Alberta

Dated at this day of , 19

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Alberta Regulation 252/97

Electric Utilities Act

Filed: December 9, 1997

MINISTERIAL ORDER 34/97

I, STEPHEN C. WEST, Minister of Energy, pursuant to

section 1(1) of the

Electric Utilities Act Time Extension Regulation (AR 234/97), hereby extend

the date specified in

section 72(4) of the Electric Utilities Act to August

31, 1998.

Dated the 4th day of December, 1997.

Stephen C. West

Minister of Energy

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Alberta Regulation 253/97

Gaming and Liquor Act

GAMING AND LIQUOR AMENDMENT REGULATION

Filed: December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 599/97) pursuant to

section 126 of the Gaming and Liquor Act.

1 The Gaming and Liquor Regulation (AR 143/96) is amended by this

Regulation.

Section 2 is amended by striking out "and" at the end of clause (b), by

adding "and" at the end of clause (

c) and by adding the following after

clause (c):

(

d) any deposit required by or under

section

Section 16 is amended by striking out "91" and substituting "91, 91.1".

Section 23(2) is repealed and the following is substituted:

(2) A bingo facility licence may only be issued to the volunteer

executive of a bingo association.

(3) A casino facility licence may only be issued to an individual,

partnership or corporation.

Section 28 is repealed and the following is substituted:

Fees and deposits for conducting background checks

28(1) This

section applies in respect of

(

a) casino facility licences, and

(

b) registrations that authorize a person to deal in

video lottery terminals approved by the board.

(2) The following must pay a fee for background checks made by the

Commission:

(

a) an applicant for a casino facility licence or video

lottery terminal registration for background checks made in relation to the

applicant;

(

b) a casino facility licensee for background checks

made during the term of the licence in relation to the licensee;

(

c) a video lottery terminal registrant for background

checks made during the term of the registration in relation to the

registrant.

(3) The fee is the actual cost of conducting the background checks.

(4) An applicant for a casino facility licence or video lottery

terminal registration, other than an applicant for a renewal of a licence

or registration, must submit to the Commission with the application a $5000

deposit to be used to pay the fee for background checks.

(5) If the Commission decides to conduct background checks in

respect of a casino facility licensee or video lottery terminal registrant

during the term of the licence or registration or in relation to an

application to renew the licence or registration, the licensee or

registrant must, if required by the Commission, submit to the Commission a

deposit in an amount specified by the Commission that does not exceed $5000

to be used to pay the fee for the background checks.

(6) If a deposit has been submitted and the fee for background

checks does not exceed the deposit, the Commission must refund the surplus.

6 The following is added after

section 34:

Persons not permitted in licensed facilities

34.1(1) No facility licensee or employee or agent of a facility

licensee may permit a person to enter into or remain in the licensed

facility if

(

a) the licensee, employee or agent, as the case may

be, knows that the person has been convicted of an offence under

section

209 of the Criminal Code (Canada), or

(

b) the licensee, employee or agent, as the case may

be, has been advised by the Commission that the person

(

i) has been convicted of an offence under

a foreign Act or regulation that, in the board's opinion, is substantially

similar to an offence under

section 209 of the Criminal Code (Canada), or

(ii) is not, under the laws of a

jurisdiction other than Alberta, permitted to enter into or remain in a

place in which gaming activities in that jurisdiction are conducted.

(2) The board may issue a notice to facility licensees stating that

a person referred to in subsection (1)(

a) or (

b) may be permitted to enter

a licensed facility and, upon the notice being issued, subsection (1) does

not apply in respect of that person unless the board revokes the notice.

Section 48 is amended by adding the following after subsection (1):

(1.1) The board may, for the purposes of this section, make policies

establishing criteria to be used to determine if a business is separate

from another business.

Section 81(

e) is repealed and the following is substituted:

(

e) directly or indirectly make or offer to make a loan or advance

or give or offer to give money, a rebate, a concession or anything of value

to a liquor licensee or to an employee or agent of that licensee.

Section 83 is amended by adding the following after subsection (2):

(3) If the board allows a manufacturer's licensee to hold a Class A

liquor licence, the board may, despite subsection (2), permit the Class A

liquor licensee to possess and keep in, provide and sell from or allow into

the licensed premises under the Class A liquor licence liquor made under

the manufacturer's licence so long as the licensed premises under the Class

A liquor licence are on the property used for the licensed premises under

the manufacturer's licence.

10 The following is added after

section 91:

Removal of liquor from licensed premises

91.1(1) In this section,

(a) "liquor" means liquor that has been sold or

provided from licensed premises for consumption in the licensed premises;

(b) "liquor licensee" means a liquor licensee whose

liquor licence authorizes the sale or provision of liquor from licensed

premises for consumption in the licensed premises.

(2) No liquor licensee or employee or agent of a liquor licensee may

allow a person to remove liquor from the licensed premises.

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Alberta Regulation 254/97

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 603/97) pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 398/94)

is amended by this Regulation.

Section 10 is amended by adding the following after subsection (3):

(4) The Minister of Family and Social Services is designated as the

Minister responsible for the Personal Directives Act.

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Alberta Regulation 255/97

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION

PLANS AMENDMENT REGULATION

Filed: December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 604/97) pursuant to

section 14 of the Teachers' Pension Plans Act and

section 12 of the

Teachers' Pension Plans (Legislative Provisions) Regulation.

1 The Teachers' and Private School Teachers' Pension Plans (AR 203/95)

are amended by this Regulation.

Section 73(7) is amended by striking out "1997" and substituting

"1998".

Section 74(7) is amended by striking out "1997" and substituting

"1998".

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Alberta Regulation 256/97

Livestock and Livestock Products Act

LIVESTOCK PATRON'S ASSURANCE FUND

AMENDMENT REGULATION

Filed: December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 607/97) pursuant to

section 15 of the Livestock and Livestock Products Act.

1 The Livestock Patron's Assurance Fund Regulation (AR 418/91) is amended

by this Regulation.

2 The following is added after

section 1:

Application of Regulation

1.1 This Regulation does not apply to a claim of a patron in

respect of prescribed livestock that is supplied to a licensed livestock

dealer on or after January 1, 1998.

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Alberta Regulation 257/97

Livestock and Livestock Products Act

LIVESTOCK PATRONS' CLAIMS REVIEW TRIBUNAL REGULATION

Filed: December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 608/97) pursuant to

sections 15 and 15.1 of the Livestock and Livestock Products Act.

Table of Contents

Definitions 1

Protected livestock 2

Part 1

Claims to Tribunal - Non-Payment

by Licensed Livestock Dealers

Application of

Part 3

Conditions for payment 4

Levies 5

Withdrawing from protection 6

Cancelling declaration 7

Refund of levies 8

Maximum amount of payment from Tribunal 9

Part 2

Claims to Tribunal - Non-Payment

by Non-Licensed Buyers

Definition 10

Application of

Part 11

Notice of non-payment 12

Publication 13

Conditions for payment 14

Claims to Tribunal 15

Appeal to Court of Appeal 16

Payments by Tribunal 17

Levies 18

Withdrawing from protection 19

Cancelling declaration 20

Refund of levies 21

Maximum amount of payment from Tribunal 22

Subrogation 23

Part 3

Livestock Patrons' Claims Review Tribunal

Definition 24

Composition of Tribunal 25

Designating other associations 26

Alternate members 27

Appointments filed with Administrator 28

Revocation of designation 29

Chair 30

Rules and procedures 31

Quorum 32

Part 4

Consequential Amendment, Expiry and Coming into Force

Consequential amendment 33

Expiry 34

Coming into force 35

Definitions

1 In this Regulation,

(a) "Act" means the Livestock and Livestock Products Act;

(b) "Department" means the Department of Agriculture, Food and

Rural Development;

(c) "farming operations" means

(

i) the maintenance of livestock for the purpose of

propagation or the production of livestock products or both, or

(ii) the maintenance of feeder livestock for the purpose

of growing or finishing or both;

(d) "licensed livestock dealer" means a licensed livestock dealer

within the meaning of that term in the Licensing and Bonding of Livestock

Dealers and Livestock Dealers Agents Regulation (AR 450/83);

(e) "protected livestock" means the classes or types of livestock

prescribed by

section 2;

(f) "Tribunal" means the Livestock Patrons' Claims Review Tribunal.

Protected livestock

2 The classes or types of livestock in respect of which a payment may be

made from the accounts of the Tribunal are live

(

a) cattle, excluding buffalo, and

(

b) horses.

PART 1

CLAIMS TO TRIBUNAL - NON-PAYMENT

BY LICENSED LIVESTOCK DEALERS

Application of

Part

3 This Part applies only in respect of claims of patrons who supply

protected livestock to licensed livestock dealers on or after January 1,

Conditions for payment

4 A patron who sells protected livestock to a licensed livestock dealer

and who does not receive payment for the value of the protected livestock

supplied may receive a payment from the accounts of the Tribunal only if

the requirements of the Act and the following conditions and requirements

have been met:

(

a) when the patron agreed to sell the protected livestock, the

protected livestock were alive and in Alberta, Dawson Creek, British

Columbia or Lloydminster, Saskatchewan;

(

b) if the protected livestock came from the patron's farming

operations outside of Alberta or if the protected livestock were sold in

Dawson Creek, British Columbia or Lloydminster, Saskatchewan, the livestock

were in Alberta for a minimum of 30 days immediately before the sale;

(

c) the protected livestock were, for the purposes of the sale,

inspected by

(

i) an inspector as defined in the Livestock

Identification and Brand Inspection Act, or

(ii) in the case of protected livestock sold in Dawson

Creek, British Columbia or Lloydminster, Saskatchewan, an inspector

appointed under legislation of the jurisdiction in which the sale took

place;

(

d) if the patron and dealer are bodies corporate, the patron and

the dealer were not affiliated with each other within the meaning of

"affiliated" under

section 2 of the Business Corporations Act;

(

e) if the patron or the dealer is a body corporate, the body

corporate was not controlled by the other party to the sale, within the

meaning of "controlled" under

section 2 of the Business Corporations Act;

(

f) if the patron or the dealer is a partnership, the other party

to the sale was not a partner in the partnership;

(

g) the sale was not made in a year in respect of which the patron

is ineligible to receive payments from the Tribunal under

section 6 or 7;

(

h) if the patron received a cheque in payment of the protected

livestock supplied, the patron presented the cheque for deposit or for cash

within a reasonable time after having received the cheque.

Levies

5(1) In this section, "eligible sale" means a sale by a patron of

protected livestock to a licensed livestock dealer

(

a) in which the protected livestock were alive and in Alberta when

the agreement to sell the livestock was made, or

(

b) in which the protected livestock were alive and in Dawson

Creek, British Columbia or Lloydminster, Saskatchewan when the agreement to

sell the livestock was made.

(2) Subject to this section, a patron who makes an eligible sale shall pay

or cause to be paid to the Tribunal a levy in an amount established by the

Tribunal from time to time for each head of protected livestock sold.

(3) A patron shall pay the levies in the manner and at the times specified

by the Tribunal.

(4) A patron who makes a sale of protected livestock in a year in respect

of which the patron is ineligible to receive a payment from the Tribunal

under

section 6 or 7 and who maintains an account with the Department for

the payment of inspection fees under the Livestock Identification and Brand

Inspection Act is not required to pay a levy on that sale.

(5) A patron who makes

(

a) a private sale of protected livestock at a place other than a

market as defined in the Livestock Identification and Brand Inspection Act,

(

b) a sale of protected livestock at a country sale as defined in

the Livestock Identification and Brand Inspection Act where permission has

been given under that Act for the country sale to be held without

inspection,

in a year in respect of which the patron is ineligible to receive a payment

from the Tribunal under

section 6 or 7 is not required to pay a levy on

that sale.

(6) A patron is not required to pay a levy on an eligible sale if the

patron does not satisfy the conditions for making a payment from the

Tribunal under

section 4(b), (d), (

e) or (

f) in respect of that sale.

Withdrawing from protection

6(1) A patron who wants to withdraw from the protection offered by the

Tribunal under this Part may provide the Administrator with a declaration

to that effect and a patron who provides the Administrator with a

declaration is ineligible to receive payments from the Tribunal under this

Part in respect of sales of protected livestock made in the years following

the year the declaration was provided, unless the patron cancels the

declaration under

section 7.

(2) Notwithstanding subsection (1), if a patron who sells protected

livestock to a licensed livestock dealer for the first time wants to

withdraw from the protection offered by the Tribunal under this

Part in

respect of sales to licensed livestock dealers made in the year of the

first sale and later years, the patron may provide the Administrator with a

declaration to that effect.

(3) If the patron's declaration referred to in subsection (2) is received

by the Administrator within 30 days after the date of the first sale, the

patron is ineligible to receive payments from the Tribunal under this

Part

in the year of the first sale and later years, unless the patron cancels

the declaration under

section 7.

Cancelling declaration

7(1) A patron who has made a declaration under

section 6 of this

Regulation or

section 6 of the Livestock Patron's Assurance Fund Regulation

(AR 418/91) may, by a written notice to the Administrator, cancel the

declaration.

(2) A patron who cancels a declaration under subsection (1) remains

ineligible to receive payments from the Tribunal under this

Part in respect

of sales made in the year the notice of cancellation was provided to the

Administrator.

Refund of levies

8(1) If a patron is, under

section 6 or 7, ineligible to receive a payment

from the Tribunal under this

Part in respect of sales of protected

livestock to licensed livestock dealers made in a year, referred to in this

section as an ineligible year, the patron may apply for a refund of levies

paid in respect of sales made in the ineligible year.

(2) A patron is not entitled to a refund of levies paid in an ineligible

year unless

(

a) the patron submits a written application to the Administrator

that sets out the total number of protected livestock sold by the patron to

licensed livestock dealers in the ineligible year for which levies were

paid,

(

b) the Administrator receives the application by March 31 of the

year following the ineligible year, and

(

c) the patron provides the Administrator with any information that

the Administrator requests to verify the number of protected livestock

sold.

(3) If the Administrator is satisfied that a patron is entitled under this

section to a refund of $1000 or less, the Administrator shall pay to the

patron the amount from the accounts of the Tribunal.

(4) If the Administrator refuses to give a refund or if the Administrator

pays a refund that is less than the refund applied for, the patron who

applied for the refund may appeal the Administrator's decision to the

Tribunal and the Tribunal may

(

a) confirm the Administrator's decision, or

(

b) direct the Administrator to pay from the Tribunal's accounts an

amount determined by the Tribunal.

(5) An application by a patron for a refund exceeding $1000 must be

referred to the Tribunal and if the Tribunal is satisfied that the patron

is entitled under this

section to a refund, the Tribunal shall pay to the

patron an amount determined by the Tribunal from its accounts.

Maximum amount of payment from Tribunal

9(1) Subject to subsection (2), the maximum amount that a patron may

receive from the Tribunal under this

Part in respect of a claim by a patron

is an amount that, together with the amount that the patron receives under

section 10.1 of the Act, equals 80% of the patron's proven claim.

(2) The maximum amount that a patron who cancels a declaration under

section 7 of this Regulation or

section 7 of the Livestock Patron's

Assurance Fund Regulation (AR 418/91) may receive from the Tribunal under

this

Part in respect of a sale made in the year following the year the

notice cancelling the declaration was provided to the Administrator or

Minister is

(a) 25% of the maximum amount under subsection (1) if the sale

occurred in the first quarter,

(b) 50% of the maximum amount under subsection (1) if the sale

occurred in the 2nd or 3rd quarter, and

(c) 75% of the maximum amount under subsection (1) if the sale

occurred in the 4th quarter.

PART 2

CLAIMS TO TRIBUNAL - NON-PAYMENT

BY NON-LICENSED BUYERS

Definition

10 In this Part, "non-licensed buyer" means a patron who is a resident of

Alberta and who is not a licensed livestock dealer.

Application of

Part

11 This Part applies only in respect of claims of licensed livestock

dealers who supply protected livestock to non-licensed buyers on or after

January 1, 1998.

Notice of non-payment

12(1) A licensed livestock dealer who sells protected livestock to a

non-licensed buyer and does not receive payment for the value of the

protected livestock supplied shall

(

a) notify the Administrator of the non-payment as soon as is

reasonably possible after the dealer knows of the non-payment, and

(

b) provide the Administrator with any information specified by the

Administrator relating to the sale.

(2) If the Administrator receives a notice under subsection (1), the

Administrator may require the non-licensed buyer identified in the notice

to provide the Administrator with any information specified by the

Administrator relating to the sale and the non-licensed buyer shall comply

with the request.

Publication

13(1) If the Administrator receives a notice under

section 12(1) and the

Tribunal is satisfied that the failure of the non-licensed buyer identified

in the notice to pay a licensed livestock dealer for the value of protected

livestock supplied is not based on a contract dispute between the buyer and

the dealer or if a non-licensed buyer has not provided the Administrator

with information under

section 12(2), the Administrator may publish a

warning setting out

(

a) that the non-licensed buyer has failed to pay a licensed

livestock dealer for the value of protected livestock supplied, and

(

b) that licensed livestock dealers may not be eligible to receive

a payment from the Tribunal if they sell protected livestock to the

non-licensed buyer in the future.

(2) The Administrator may

(

a) publish the warning in as many publications as the

Administrator considers appropriate that circulate in the district in which

the dealing in protected livestock by the non-licensed buyer is carried on,

and

(

b) take such other steps that the Administrator considers

appropriate to bring the failure to pay by the non-licensed buyer to the

attention of licensed livestock dealers who may sell protected livestock to

the non-licensed buyer.

Conditions for payment

14 A licensed livestock dealer who sells protected livestock to a

non-licensed buyer and who does not receive payment for the value of the

protected livestock supplied may receive a payment from the accounts of the

Tribunal only if the following conditions and requirements have been met:

(

a) the dealer submits an application to the Administrator;

(

b) the Tribunal is satisfied that the failure to pay is not based

on a contract dispute between the dealer and the non-licensed buyer;

(

c) the dealer notified the Administrator of the non-payment

(

i) as soon as was reasonably possible after the dealer

knew or should have known of the non-payment, and

(ii) within 90 days after the protected livestock were

supplied to the non-licensed buyer;

(

d) if there is more than one claim against the non-licensed buyer,

the Tribunal is satisfied that the dealer sold the protected livestock to

the non-licensed buyer before the dealer knew or ought to have known that

the buyer had failed to pay for protected livestock supplied by other

dealers;

(

e) the dealer did not extend credit to the non-licensed buyer in

the sale of the protected livestock that is the basis of the claim;

(

f) the failure to pay was not based on collusion between the

dealer and the non-licensed buyer;

(

g) when the dealer agreed to sell the protected livestock, the

protected livestock were alive and in Alberta;

(

h) if the protected livestock came from the dealer's farming

operations outside of Alberta, the livestock were in Alberta for a minimum

of 30 days immediately before the sale;

(

i) the protected livestock were, for the purposes of the sale,

inspected by an inspector as defined in the Livestock Identification and

Brand Inspection Act;

(

j) if the dealer and non-licensed buyer are bodies corporate, the

dealer and the buyer were not affiliated with each other within the meaning

of "affiliated" under

section 2 of the Business Corporations Act;

(

k) if the dealer or non-licensed buyer is a body corporate, the

body corporate was not controlled by the other party to the sale, within

the meaning of "controlled" under

section 2 of the Business Corporations

Act;

(

l) if the dealer or non-licensed buyer is a partnership, the other

party to the sale was not a partner in the partnership;

(

m) the patron meets the requirements of this Part with respect to

the payment of levies;

(

n) the sale was not made in a year in respect of which the dealer

is ineligible to receive payments from the Tribunal under

section 19 or 20;

(

o) if the dealer received a cheque in payment of the protected

livestock supplied, the dealer presented the cheque for deposit or for cash

within a reasonable time after having received the cheque.

Claims to Tribunal

15 After the Tribunal is notified by the Administrator that a licensed

livestock dealer has made an application under

section 14 in respect of

protected livestock and the dealer has provided any material required by

the Tribunal in respect of the claim, the Tribunal shall

(

a) determine whether the dealer is entitled to a payment from the

accounts of the Tribunal based on the requirements of this Part, and

(

b) serve the dealer with its written decision and reasons.

Appeal to Court of Appeal

16(1) A licensed livestock dealer may appeal a decision of the Tribunal

under

section 15 by filing a notice of appeal with the Court of Appeal

within 90 days of the Tribunal's decision.

(2) An appeal under this

section must be based on a question of law or

jurisdiction.

(3) The dealer may not appeal an amount of a payment awarded by the

Tribunal under this Part.

(4) The provisions of the Alberta Rules of Court (AR 390/68) relating to

appeals to the Court of Appeal apply, with the necessary modifications, to

an appeal under this section.

(5) A notice of appeal filed under this

section must be served on the

Administrator.

(6) The Court of Appeal may make any decision that the Tribunal may make

or may refer the matter back to the Tribunal.

Payments by Tribunal

17(1) The Tribunal may make payments to licensed livestock dealers under

this Part once in each calendar year.

(2) Payments to a licensed livestock dealer under this Part may only be

made from those funds in the Tribunal's accounts that are

(

a) levies received from licensed livestock dealers that have been

paid on the sale of protected livestock to non-livestock buyers, and

(

b) interest on those levies.

(3) The Tribunal, when making a payment from its accounts under this Part,

Levies

18(1) In this section, "eligible sale" means a sale by a licensed

livestock dealer of protected livestock to a non-licensed buyer in which

the protected livestock were alive and in Alberta when the agreement to

sell the livestock was made.

(2) Subject to this section, a licensed livestock dealer who makes an

eligible sale shall pay or cause to be paid to the Tribunal a levy in an

amount established by the Tribunal from time to time for each head of

protected livestock sold.

(3) A licensed livestock dealer shall pay the levies in the manner and at

the times specified by the Tribunal.

(4) A licensed livestock dealer who makes a sale of protected livestock in

a year in respect of which the dealer is ineligible to receive a payment

from the Tribunal under

section 19 or 20 and who maintains an account with

the Department for the payment of inspection fees under the Livestock

Identification and Brand Inspection Act is not required to pay a levy on

that sale.

(5) A licensed livestock dealer who makes

(

a) a private sale of protected livestock at a place other than a

market as defined in the Livestock Identification and Brand Inspection Act,

(

b) a sale of protected livestock at a country sale as defined in

the Livestock Identification and Brand Inspection Act where permission has

been given under that Act for the country sale to be held without

inspection,

in a year in respect of which the dealer is ineligible to receive a payment

from the Tribunal under

section 19 or 20 is not required to pay a levy on

that sale.

(6) A licensed livestock dealer is not required to pay a levy on an

eligible sale if the patron does not satisfy the conditions for making a

payment from the Tribunal under

section 14(h), (j), (

k) or (

l) in respect

of that sale.

Withdrawing from protection

19(1) A licensed livestock dealer who wants to withdraw from the

protection offered by the Tribunal under this Part may provide the

Administrator with a declaration to that effect and a dealer who provides

the Administrator with a declaration is ineligible to receive payments from

the Tribunal under this

Part in respect of sales of protected livestock

made in the years following the year the declaration was provided, unless

the dealer cancels the declaration under

section 20.

(2) Notwithstanding subsection (1), if a licensed livestock dealer who

sells protected livestock to a non-licensed buyer for the first time wants

to withdraw from the protection offered by the Tribunal under this

Part in

respect of sales to non-licensed buyers made in the year of the first sale

and later years, the dealer may provide the Administrator with a

declaration to that effect.

(3) If the licensed livestock dealer's declaration referred to in

subsection (2) is received by the Administrator within 30 days after the

date of the first sale, the dealer is ineligible to receive payments from

the Tribunal under this

Part in the year of the first sale and later years,

unless the dealer cancels the declaration under

section 20.

Cancelling declaration

20(1) A licensed livestock dealer who has made a declaration under

section

19 may, by a written notice to the Administrator, cancel the declaration.

(2) A licensed livestock dealer who cancels a declaration under subsection

(1) remains ineligible to receive payments from the Tribunal under this

Part in respect of sales made in the year the notice of cancellation was

provided to the Administrator.

Refund of levies

21(1) If a licensed livestock dealer is, under

section 19 or 20,

ineligible to receive a payment from the Tribunal under this

Part in

respect of sales of protected livestock to non-licensed buyers made in a

year, referred to in this

section as an ineligible year, the dealer may

apply for a refund of levies paid in respect of sales made in the

ineligible year.

(2) A licensed livestock dealer is not entitled to a refund of levies paid

in an ineligible year unless

(

a) the dealer submits a written application to the Administrator

that sets out the total number of protected livestock sold by the dealer to

non-licensed buyers in the ineligible year for which levies were paid,

(

b) the Administrator receives the application by March 31 of the

year following the ineligible year, and

(

c) the dealer provides the Administrator with any information that

the Administrator requests to verify the number of protected livestock

sold.

(3) If the Administrator is satisfied that a licensed livestock dealer is

entitled under this

section to a refund of $1000 or less, the Administrator

shall pay to the dealer the amount from the accounts of the Tribunal.

(4) If the Administrator refuses to give a refund or if the Administrator

pays a refund that is less than the refund applied for, the licensed

livestock dealer who applied for the refund may appeal the Administrator's

decision to the Tribunal and the Tribunal may

(

a) confirm the Administrator's decision, or

(

b) direct the Administrator to pay from the Tribunal's accounts an

amount determined by the Tribunal.

(5) An application by a licensed livestock dealer for a refund exceeding

$1000 must be referred to the Tribunal and, if the Tribunal is satisfied

that the dealer is entitled under this

section to a refund, the Tribunal

must pay to the dealer an amount determined by the Tribunal from its

accounts.

Maximum amount of payment from Tribunal

22(1) Subject to subsection (2), the maximum amount that a licensed

livestock dealer may receive from the Tribunal under this

Part is 80% of

the dealer's proven claim.

(2) The maximum amount that a licensed livestock dealer who cancels a

declaration under

section 20 may receive from the Tribunal under this

Part

in respect of a sale made in the year following the year the notice

cancelling the declaration was provided to the Administrator is

(a) 25% of the maximum amount under subsection (1) if the sale

occurred in the first quarter,

(b) 50% of the maximum amount under subsection (1) if the sale

occurred in the 2nd or 3rd quarter, and

(c) 75% of the maximum amount under subsection (1) if the sale

occurred in the 4th quarter.

Subrogation

23 If the Tribunal pays an amount to a licensed livestock dealer under

this Part, the Tribunal is subrogated to the rights of the dealer against

the non-licensed buyer in respect of the amount, and the Tribunal may

maintain an action, in the name of the dealer or in the name of the

Tribunal, against the non-licensed buyer for the recovery of the amount.

PART 3

LIVESTOCK PATRONS' CLAIMS REVIEW TRIBUNAL

Definition

24 In this Part, "designated association" means an association or other

entity that is authorized under this Part to appoint members to the

Tribunal.

Composition of Tribunal

25 Subject to

section 29, the Tribunal is composed of the following

members:

(

a) one member appointed by the Alberta Auction Markets

Association;

(

b) one member appointed by the Alberta Cattle Commission;

(

c) one member appointed by the Alberta Cattle Feeders Association;

(

d) one member appointed by the Feeders Associations of Alberta;

(

e) one member appointed by the Alberta Livestock Dealers and Order

Buyers Association;

(

f) one member appointed by the Western Stock Growers Association;

(

g) members appointed by associations or entities designated under

section 26.

Designating other associations

26(1) The Tribunal may, by a resolution passed by a majority of its

members, designate an association or entity for the purposes of subsection

(2).

(2) An association or entity that is designated under subsection (1) is

authorized to appoint one member to the Tribunal.

(3) The resolution referred to in subsection (1) does not come into force

until it has been filed with the Administrator.

Alternate members

27(1) Each designated association must appoint an alternate member.

(2) An alternate member appointed by a designated association may act in

place of a member representing the designated association when the member

is absent or unable to act or when there is no member.

Appointments filed with Administrator

28 The appointment of a member or an alternate member does not come into

force until it has been filed with the Administrator.

Revocation of designation

29(1) If a designated association refuses to appoint a member or an

alternate member or if the member and alternate member of a designated

association refuse to attend a meeting of the Tribunal, the members of the

remaining designated associations may by unanimous resolution revoke the

authority of the association or entity to appoint a member and an alternate

member to the Tribunal.

(2) Section 32 does not apply to a resolution passed under subsection (1).

(3) The Tribunal may, by a unanimous resolution of its members, reinstate

the authority of an association or entity to appoint a member and an

alternate member.

(4) A resolution passed under this

section does not come into force until

it has been filed with the Administrator.

Chair

30(1) The chair of the Tribunal is to be determined by the members of the

Tribunal.

(2) The chair is entitled to vote on all matters that are voted on by the

members of the Tribunal.

(3) In the event of a tie, the chair has an additional vote to break the

tie.

Rules and procedures

31 The rules and procedures of the Tribunal are to be determined by the

Tribunal.

Quorum

32 The quorum for a meeting of the members of the Tribunal is 100% of the

members.

PART 4

CONSEQUENTIAL AMENDMENT, EXPIRY AND COMING INTO FORCE

Consequential amendment

33 The Licensing and Bonding of Livestock Dealers and Livestock Dealers

Agents Regulation (AR 450/83) is amended by repealing

section 2(3) and

(3.1) and substituting the following:

(3) Where an amount has been paid out of the Livestock Patron's

Assurance Fund or the accounts of the Livestock Patrons' Claims Review

Tribunal pursuant to the Act with respect to a claim against a licensed

livestock dealer, the Minister may refuse to grant a licence under this

Regulation to

(

a) that dealer, or

(

b) any person who was directly or indirectly involved

in the operation of the dealer's business in respect of which the payment

from the Fund or the Tribunal's accounts was made,

unless a payment in an amount determined under subsection (3.1) to

the Tribunal's accounts has been arranged.

(3.1) The amount that an applicant may be required to pay is the

portion of the amount paid out that the Minister determines reflects the

degree of control or influence that the applicant had in the business of

the licensed livestock dealer who defaulted.

Expiry

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

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

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

expires on December 31, 2002.

Coming into force

35 This Regulation comes into force on January 1, 1998.

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

Alberta Regulation 258/97

Marketing of Agricultural Products Act

ALBERTA EGG PRODUCERS PLAN REGULATION

Filed: December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 609/97) pursuant to

sections 23 and 54.1 of the Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

Designation of agricultural products 2

Part 1

General Operation of Plan

Division 1

Plan

Plan continued 3

Termination of Plan 4

Application of Plan 5

Purpose of Plan 6

Division 2

Administration of Plan by Board

Board continued 7

Functions of the Board 8

Regulations to operate Plan 9

Financing of Plan 10

Remuneration 11

Auditor 12

Indemnification fund, etc. 13

Funding of indemnification fund, etc. 14

Part 2

Governance of Plan

Division 1

Board

Members of Board 15

Chairperson 16

Board meetings 17

Quorum 18

Term of office 19

Removal from office 20

Vacancy 21

Division 2

Meetings of Producers

Annual meetings 22

Special meetings 23

Time, place and date of meetings 24

Notification of meetings 25

Quorum 26

Division 3

Eligibility, Voting and Elections

Registered producers who are individuals 27

Registered producers that are not individuals 28

Eligibility re voting 29

Election results 30

Returning officer 31

Result of invalid election 32

Controverted election 33

Part 3

Review, Transitional Provision and Repeal

Review 34

Transitional 35

Repeal 36

Definitions

1(1) In this Plan,

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

(b) "Board" means the Alberta Egg Producers Board;

(c) "Canada Act" means

(

i) the Farm Products Agencies Act (Canada);

(ii) the Agricultural Products Marketing Act (Canada);

(d) "Council" means the Alberta Agricultural Products Marketing

Council;

(e) "eggs" includes any class of eggs or egg products produced from

eggs laid by a hen;

(f) "exempt producer" means a person

(

i) who does not possess, whether by ownership or

otherwise, more than 300 hens, or

(ii) whose productive capacity from that person's

production facilities does not exceed 300 hens;

(g) "Federal-Provincial Agreement" means the agreement respecting

the revision and consolidation of the comprehensive marketing program as

agreed to by the parties for the purpose of regulating the marketing of

eggs in Canada, as revised from time to time;

(h) "hen" or "layer" means a female common domestic fowl of the

species Gallus domesticas that is of an age specified in regulations made

by the Board;

(i) "marketing" means buying, owning, selling, offering for sale,

storing, grading, assembling, packing, transporting, advertising or

financing;

(j) "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);

(k) "Plan" means the Plan that is amended and continued under

section 3;

(l) "possession quota" means the quota issued by the Board to a

registered producer prescribing the maximum number of hens that producer

may possess at any one time;

(m) "processor" means a person who

(

i) grades, packs or changes the nature of the

regulated product by mechanical means or otherwise, or

(ii) markets the graded, packed or processed regulated

product,

or carries out one or more of those functions;

(n) "producer" means a person who is engaged in the production of

the regulated product;

(o) "production" includes the possession of the regulated product;

(p) "production facilities" includes the buildings and improvements

in which the regulated product is produced and the parcel of land on which

the buildings and improvements are located;

(q) "production quota" means the quota issued by the Board to a

registered producer prescribing the minimum number of eggs that shall be

produced by that producer's hens;

(r) "pullet" means a female common domestic fowl of the species

Gallus domesticas that is of an age specified in regulations made by the

Board;

(s) "quota" means the possession quota and production quota granted

by the Board to a registered producer;

(t) "registered producer" means a producer who

(

i) holds a producer's licence, and

(ii) has been allotted quota;

(u) "regulated product" means eggs;

(v) "research facility" means an educational institution involved

in bona fide scientific research in respect of eggs as approved by a

resolution of the Board.

Designation of agricultural products

2 Eggs, pullets, layers and hens are designated as agricultural products

for the purposes of the Act.

PART 1

GENERAL OPERATION OF PLAN

Division 1

Plan

Plan continued

3 The Alberta Egg Producers Plan, continued under Alberta Regulation

338/91, is hereby amended and continued under this Regulation with the name

"Alberta Egg Producers Plan".

Termination of Plan

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

time and shall remain in force unless otherwise terminated pursuant to the

Act.

Application of Plan

5(1) This Plan applies

(

a) to all persons who produce and market the regulated product in

Alberta, and

(

b) for the purpose of

section 9(1)(b), (c), (d), (e), (f), (

g) and

(i), (2)(f), (i), (k), (l), (n), (o), (q), (r), (u), (

v) and (

w) and (3),

to processors,

but does not apply to an exempt producer.

(2) Notwithstanding subsection (1), where an exempt producer markets the

producer's regulated product through a processor, this Plan and any

regulations made in respect of this Plan respecting the payment of levies

and service charges apply to that producer and to that regulated product.

(3) No person shall possess, whether by ownership or otherwise, more than

300 hens except in accordance with this Plan and regulations made in

respect of this Plan.

(4) The Board may exempt the owner of an approved hatchery supply flock

pursuant to the Hatchery Supply Flock Approval Regulation (AR 394/86) or

successors to that Regulation from regulations made by the Board.

(5) If the Board exempts an owner under subsection (4), the owner may sell

the regulated product in accordance with an exemption granted by the Board.

(6) The Board may refuse to exempt an owner under subsection (4) if, in

the Board's opinion,

(

a) the owner does not have a confirmed market for the owner's

hatching eggs,

(

b) the marketing of the regulated product by the owner will

adversely affect marketing the regulated product in Alberta, or

(

c) the exemption would place the Board in a position of

non-compliance with the Federal-Provincial Agreement.

(7) The Board may exempt a research facility from this Plan or part of

this Plan or any regulation or part of any regulation made by the Board in

respect of this Plan.

Purpose of Plan

6 The purpose of the Plan is to provide for the effective promotion,

control and regulation in all respects of the production and marketing of

the regulated product in Alberta, and without limitation, to accomplish the

following:

(

a) to establish quotas for the production and marketing of the

regulated product;

(

b) to establish quotas for the possession of hens;

(

c) to maintain a fair and stabilized price for the regulated

product;

(

d) to develop and maintain the orderly marketing of the regulated

product;

(

e) to provide a uniform, high quality of the regulated product for

the market;

(

f) to provide for the initiation, support and conduct of

promotional activities in respect of the production, marketing and

processing of the regulated product;

(

g) to ensure a continuous, year-round supply of the regulated

product;

(

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

those of the Board;

(

i) to acquire as principal, the regulated product produced in

Alberta and dispose of the regulated product through whatever means the

Board considers expedient;

(

j) to provide for the prohibition of production or marketing of

the regulated product in whole or in part where the regulated product is

not marketed under or pursuant to a quota.

Division 2

Administration of Plan by Board

Board continued

7 The Alberta Egg Producers Board is hereby continued.

Functions of the Board

8 The Board

(

a) subject to the Act, is responsible for the operation,

regulation, supervision and enforcement of this Plan;

(

b) shall

(

i) open one or more accounts in a bank, trust company,

treasury branch, credit union or other depository, and

(ii) designate those officers, employees and other

persons necessary to sign cheques and transact the Board's business with

its bank, trust company, treasury branch, credit union or other depository;

(

c) shall cause books and records, including financial records, to

be maintained

(

i) from time to time as may be required under the Act,

the regulations or by order of the Council, or

(ii) as may be determined by the Board;

(

d) shall open its books and records for inspection at all

reasonable times at the office of the Board on the written request of

(i) 5 registered producers, or

(ii) any member of the Council;

(

e) shall maintain an office and notify each registered producer,

each processor and the Council of the location of the office;

(

f) may appoint officers and agents, prescribe their duties and fix

and provide for their remuneration;

(

g) may

(

i) enter into an operating line of credit or other

loan agreement with its bank, trust company, treasury branch, credit union

or other lending institution, and

(ii) designate those officers, employees and other

persons as are necessary to transact the Board's business;

(

h) may, subject to the Act, the regulations and any orders of the

Council, issue general orders governing the Board's internal operation as

it may from time to time determine;

(

i) may become a member of any organization that promotes the

interests of producers;

(

j) may contribute funds to any organization that promotes the

interests of producers;

(

k) may, in accordance with

section 50 of the Act, with respect to

the production or marketing, or both, of the regulated product, be

authorized to perform any function or duty and exercise any power imposed

or conferred on the Board by or under any Canada Act.

Regulations to operate Plan

9(1) For the purposes of enabling the Board to operate this Plan, the

Board may be empowered by the Council, pursuant to

section 26 of the Act,

to make regulations

(

a) requiring producers engaged in the production or marketing, or

both, of the regulated product to register their names and addresses with

the Board;

(

b) requiring any person who produces, markets or processes the

regulated product to furnish to the Board any information or record

relating to the production, marketing or processing of the regulated

product that the Board considers necessary;

(

c) requiring persons to be licensed under the Plan before they

become engaged in the production, marketing and processing, or any one or

more of those functions, of the regulated product;

(

d) prohibiting persons from engaging in the production, marketing

or processing, as the case may be, of the regulated product except under

the authority of a licence;

(

e) governing the issuance, suspension or cancellation of a

licence;

(

f) providing for

(

i) the assessment, charging and collection of service

charges and licence fees, as the case may be, from producers from time to

time for the purposes of this Plan, and

(ii) the taking of legal action to enforce payment of

the service charges and licence fees, as the case may be;

(

g) requiring any person who receives the regulated product from a

producer

(

i) to deduct from the money payable to the producer

any service charges, licence fees or levies, as the case may be, payable by

the producer to the Board, and

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

(

h) providing for the use of any class of service charges, licence

fees, levies or other money payable to or received by the Board for the

purpose of paying its expenses and administering this Plan and the

regulations made by the Board;

(

i) requiring persons who produce, market or process the regulated

product to mark the containers of their products to show the place of

origin or place of production to the satisfaction of the Board;

(

j) providing for the payment to a Canada Board of money that is

payable under a Canada Act;

(

k) permitting the Board to exercise any one or more powers that

are vested in a co-operative association under the Co-operative

Associations Act.

(2) For the purposes of enabling the Board to operate this Plan, the Board

may be empowered by the Council, pursuant to

section 27(1) of the Act, to

make regulations

(

a) requiring that the production or marketing, or both, of the

regulated product be conducted pursuant to a quota;

(

b) governing

(

i) the fixing and allotting of quotas,

(ii) the increase or reduction of quotas,

(iii) the cancelling of quotas, and

(iv) the refusal to fix and allot quotas,

to producers for the production or marketing, or both, of the

regulated product on any basis the Board considers appropriate;

(

c) governing the transferability or non-transferability of quotas

and prescribing the conditions and procedure applicable to the transfer of

quotas, if any, that the Board considers appropriate;

(

d) establishing

(

i) a formula for determining the amount or number of

regulated product deemed to have been produced or marketed by a producer,

and

(ii) the period of time in respect of which the formula

is to be applied,

for the purpose of determining the amount of regulated product

produced or marketed by a producer during a period of time;

(

e) providing for

(

i) the assessment, charging and collection of a levy

from any producer whose production or marketing, or both, of the regulated

product is in excess of the quota that has been fixed and allotted to that

producer, and

(ii) the taking of legal action to enforce payment of

the levy;

(

f) requiring any person who provides an agricultural product to a

producer under this Plan to furnish to the Board any information requested

by the Board;

(

g) determining the quantity of each class, variety, size, grade

and kind of the regulated product that shall be produced or marketed, or

both, by each producer;

(

h) requiring a producer who produces the regulated product to

market the regulated product through the Board or through a designated

agency;

(

i) directing, controlling or prohibiting, as the case may be, the

production or marketing, or both, of the regulated product or any class,

variety, size, grade or kind of the regulated product in a manner that the

Board considers appropriate;

(

j) regulating and controlling the production or marketing, or

both, of the regulated product, including the times and places at which the

regulated product may be produced or marketed;

(

k) providing for the purchase or acquisition of any of the

regulated product that the Board considers advisable and the sale or

disposition of it;

(

l) providing for the establishment and operation of one or more

programs for the disposition of

(

i) any agricultural product, or

(ii) the regulated product

considered to be surplus to market requirements;

(

m) determining from time to time the minimum price or prices that

shall be paid to producers for the regulated product or any class, variety,

grade, size or kind of the regulated product and determining different

prices for different parts of Alberta;

(

n) requiring that the money payable or owing to a producer for the

regulated product be paid to or through the Board;

(

o) providing for the payment to a producer of the money payable or

owing for the regulated product, less any service charges and levies owing

to the Board by the producer, and fixing the time or times at which or

within which the payments shall be made;

(

p) providing

(

i) for the operation of one or more pools for the

distribution of all money payable to the producers from the sale of the

regulated product, and

(ii) for the deduction of reasonable and proper

disbursement and expenses with respect to the operation of the pool;

(

q) providing for the collection from any person by legal action of

money owing to a producer for the regulated product;

(

r) governing

(

i) the furnishing of security or proof of financial

responsibility by any person engaged in the production, marketing or

processing of the regulated product, and

(ii) the administration and disposition of any money or

securities so furnished;

(

s) prohibiting a person to whom a quota has not been fixed and

allotted for the production or marketing, or both, of the regulated product

from producing or marketing, as the case may be, any regulated product;

(

t) prohibiting a producer to whom a quota has been fixed and

allotted for the production or marketing, or both, of the regulated product

from producing or marketing, as the case may be, any regulated product in

excess of that quota;

(

u) prohibiting any person from purchasing or otherwise acquiring

from a producer any regulated product in excess of the quota that has been

fixed and allotted to the producer for the production or marketing, or

both, of the regulated product;

(

v) prohibiting any person from purchasing or otherwise acquiring

any regulated product from a person to whom a quota has not been fixed and

allotted for the production or marketing, or both, of the regulated

product;

(

w) prohibiting any person from marketing or processing any

regulated product that has not been sold by or through the Board or a

designated agency.

(3) For the purposes of enabling the Board to operate this Plan, the Board

may be empowered by the Council, pursuant to

section 27(2) of the Act, to

make regulations

(

a) governing any agricultural product that is not the regulated

product in the same manner as if that agricultural product was the

regulated product under this Plan;

(

b) governing, with respect to any agricultural product that is not

the regulated product, the producers of the regulated product under this

Plan in the same manner as if that agricultural product was the regulated

product under this Plan;

(

c) establishing and governing a formula for determining the amount

or number of the regulated product produced or deemed to have been produced

from any agricultural product that is not the regulated product.

Financing of Plan

10 In accordance with the regulations, this Plan shall be financed

(

a) by the charging and collection of service charges, licence fees

and levies from registered producers, and

(

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

Board.

Remuneration

11 Any change in the amount of remuneration to be paid to the Chairperson

of the Board and to the other members of the Board shall be fixed by a vote

of the registered producers at an annual meeting or special meeting of the

registered producers.

Auditor

12 The auditor for the Board shall be appointed at each annual meeting.

Indemnifica-tion fund, etc.

13 The Board may establish and operate funds under sections 34 and 35 of

the Act.

Funding of indemnification fund, etc.

14(1) The Board may, subject to the Act and the regulations, assess,

charge and collect amounts required for the maintenance and operation of

the funds referred to in

section 13 from the producers under this Plan.

(2) Payments made into a fund established under this

section shall not

form part of a licence fee, service charge or levy charged under this Plan.

(3) If

(

a) a fund is established under this section, and

(

b) a producer under this Plan does not wish to receive any

indemnity or protection from the fund,

the producer shall, on the application to the Board for an exemption, be

exempted from making payment under subsection (1).

(4) A producer shall not, with respect to any period of time that the

producer did not participate in a fund established under this section, be

charged any amount for or in relation to that fund.

(5) The Insurance Act does not apply to a fund established or operated

under this section.

PART 2

GOVERNANCE OF PLAN

Division 1

Board

Members of Board

15(1) The Board shall be made up of 6 members elected in accordance with

this Plan.

(2) Subject to

section 33, the election of members of the Board shall be

conducted at the annual meeting.

Chairperson

16 The members of the Board shall, at their first meeting following each

election of members to the Board, elect from the members of the Board, one

member to serve as Chairperson of the Board and one member to serve as

Vice-chairperson.

Board meetings

17 The Board may, at the call of the Chairperson or 3 other members of

the Board, conduct meetings of the members of the Board.

Quorum

18 The quorum for a meeting of the Board is a majority of the members of

the Board.

Term of office

19(1) Each member of the Board shall be elected for a term of 3 years.

(2) The term of office of a member

(

a) commences on the conclusion of the annual meeting during which

the member was elected, and

(

b) expires on the conclusion of the annual meeting that takes

place in the year that the member's term of office is to expire.

(3) A person shall not serve as a member of the Board for more than 6

consecutive years, and if the person serves for 6 consecutive years, that

person is not eligible to serve again as a member of the Board until one

year has expired following the expiry of that person's last term.

(4) A person may be nominated for election to the Board if that person

(

a) is a registered producer, and

(

b) has consented to the nomination.

(5) Nominations for the purpose of an election may be received from the

floor at the annual meeting of the Board.

Removal from office

20 A member of the Board is disqualified from continuing to act as a

member if that person

(

a) ceases to be a registered producer, in which case that person

shall forthwith tender that person's resignation to the Board;

(

b) has been found to be of unsound mind by a court in Canada or

elsewhere;

(

c) is a bankrupt;

(

d) is, without the approval of the Board, which can be given

before or after the absence occurs, absent for 3 consecutive meetings of

the Board.

Vacancy

21(1) If a vacancy occurs on the Board, the Board may, subject to

section

19(3) and with the Council's approval, appoint from among its registered

producers an individual to act as a member until the date of the next

annual meeting.

(2) If the Board is unable to fill the vacancy from among registered

producers who are eligible to serve as a member of the Board, the Board may

in writing petition the Council requesting that a special exemption be

granted by the Council allowing a registered producer who is ineligible by

virtue of

section 19(3) to be appointed by the Board to act as a member to

serve until the date of the next annual meeting.

(3) Where a vacancy on the Board is filled under subsection (1) or (2),

that position on the Board shall at the next annual meeting be declared

vacant and shall be filled by means of an election held in accordance with

this Plan.

(4) A person elected as a member of the Board pursuant to subsection

(3) shall hold office for the unexpired portion of the term.

(5) Where a person is appointed to act as a member of the Board under

subsection (2), nothing in this

section shall be construed so as to allow

that registered producer to be eligible to serve for another year following

the year in which the person was appointed.

Division 2

Meetings of Producers

Annual meetings

22 Annual meetings of the registered producers shall be held once in each

calendar year and not more than 15 months may elapse between annual

meetings.

Special meetings

23 Special meetings of the registered producers

(

a) may be called by the Board at any time, and

(

b) shall be called by the Board on the written request of the

Council or of 25 or more registered producers.

Time, place and date of meetings

24 The Board shall set the time, place and date of any annual meeting and

of any special meeting.

Notification of meetings

25(1) The Board shall, not less than 14 days prior to an annual meeting or

a special meeting, send to all the registered producers written notice of

the meeting setting out

(

a) the time, date, location and purpose of the meeting, and

(

b) if special business is to be transacted at the meeting, the

nature of the business.

(2) Any notice given under subsection (1) may be conveyed to a registered

producer

(

a) by ordinary mail mailed to the last known address of the

registered producer as shown on the records of the Board, or

(

b) by facsimile, e-mail or other electronic means to be received

at the last fax number, e-mail address or other electronic receiving number

of the registered producer as shown on the records of the Board.

Quorum

26 The quorum for an annual meeting or special meeting is 25 registered

producers.

Division 3

Eligibility, Voting and Elections

Registered producers who are individuals

27(1) A registered producer who is an individual may, subject to this

Plan,

(

a) make representations on any matter pertaining to this Plan,

(

b) attend meetings held under this Plan,

(

c) vote on any matter under this Plan,

(

d) vote at an election under this Plan, and

(

e) hold office under this Plan.

(2) An individual who is a producer shall not cast a vote under this Plan

unless that person's name appears on the current list of registered

producers.

Registered producers that are not individuals

28(1) This

section only applies in respect of a registered producer that

is not an individual.

(2) If a registered producer is not an individual and

(

a) makes representations on any matter pertaining to this Plan,

(

b) attends meetings held under this Plan,

(

c) votes on any matter under this Plan,

(

d) votes at an election under this Plan, or

(

e) holds office under this Plan,

the registered producer shall do so in accordance with this section.

(3) A registered producer to which this

section applies shall appoint an

individual to be the representative of the registered producer.

(4) A representative appointed by a registered producer under this

section

shall

(

a) represent the registered producer in any matter pertaining to

the Plan,

(

b) attend meetings on behalf of the registered producer, and

(

c) vote and hold office, as the case may be, on behalf of the

registered producer.

(5) An appointment of a representative under this

section shall

(

a) be in writing, and

(

b) in the case where a vote is to be taken at a meeting, be filed

with the returning officer prior to when a vote is to take place.

(6) An individual who is a representative of a registered producer shall

not cast a vote under this Plan unless that individual

(

a) presents a document signed by the registered producer

indicating the name of the individual who may vote for the registered

producer, or

(

b) makes a statutory declaration in writing stating that the

individual

(

i) is a representative of the registered producer, and

(ii) has not previously voted in the election or on the

matter in respect of which the individual wishes to cast a vote.

(7) A statutory declaration made under subsection (6)(

b) shall be made in

writing and provided to the returning officer or the deputy returning

officer prior to the vote being cast.

(8) An individual may not be a representative under this

section for more

than one registered producer.

(9) An individual who is a representative shall not vote or hold office

before the individual's appointment is filed in accordance with subsection

(5).

Eligibility re voting

29(1) A person is entitled to vote

(

a) on any question put to a vote at an annual meeting or special

meeting, or

(

b) in an election for a member,

if the person

(

c) is a registered producer or representative of a registered

producer, and

(

d) is present at the annual meeting or special meeting.

(2) A registered producer who is eligible to vote may vote once on each

matter notwithstanding that the registered producer may manage or operate

or own, lease or hold equity in 2 or more operations that are registered

separately with the Board.

Election results

30 In the case of an election under this Plan,

(

a) the candidate receiving the largest number of votes in the

election is the person who is elected to the position for which the

election is held;

(

b) if only one person is nominated for the position that is to be

filled, that person is deemed to have been elected to the position;

(

c) if there are more than 2 nominations for the position and a tie

vote occurs between 2 or more of the candidates that received the largest

number of votes, the candidates with the smaller number of votes shall be

eliminated and a 2nd election for the position shall be immediately held

among the tied candidates;

(

d) if there are only 2 nominations for the position and a tie vote

occurs, the returning officer shall immediately select, by draw, the

candidate for the position and that person is deemed to have been elected

to the position.

Returning officer

31(1) Subject to subsection (2), the General Manager of the Board shall be

the returning officer for the purposes of an election or vote taken under

this Plan.

(2) The Board may appoint an individual other than the General Manager to

act as returning officer for the purposes of an election or vote taken

under this Plan.

(3) The returning officer may appoint individuals as deputy returning

officers to assist in the conduct of elections and votes under this Plan.

(4) The returning officer shall

(

a) ensure that a person does not cast a vote except in accordance

with this Plan, and

(

b) permit scrutiny of the actions of the returning officer and of

the deputy returning officers by a scrutineer in respect of the conduct of

a vote taken under this Plan.

(5) Unless otherwise directed by the Council, no returning officer or

other person shall destroy any records or ballots in respect of a vote or

election held under this Plan until 90 days have elapsed from the date the

vote was taken.

Result of invalid election

32(1) If an election is held under this Plan and there is in attendance at

the meeting at which the election is held an insufficient number of

individuals who are eligible to vote at the election,

(

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 reason of subsection (1),

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

individual had been elected to the position.

Controverted election

33(1) If a registered producer

(

a) questions

(

i) the eligibility of a candidate,

(ii) the eligibility of a voter,

(iii) any matter relating to a ballot or the tabulation

of ballots, or

(iv) any other irregularity with respect to the conduct

of an election,

and

(

b) seeks to have the election declared invalid and the position

declared vacant,

that person shall, not later than 30 days after the date of the election,

apply in writing to the Council to have the election declared invalid and

the position declared vacant.

(2) If, within the 30-day period referred to in subsection (1), the

Council has not received an application under subsection (1), a person

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 30 days after the date of the

election.

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

declared vacant under subsection (4)(c), the term of office of the position

declared vacant is deemed to have commenced on the date that the election

that was declared void was held.

(6) Notwithstanding

section 21, if the Council declares an election to be

void and the position vacant, the Council shall

(

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

special meeting be held and an election conducted to fill the vacant

position, or

(

b) have the Board appoint, from among individuals who are eligible

to be elected to the position, an individual to fill the vacant position in

accordance with

section 21.

(7) A person elected under subsection (6)(

a) shall hold office for the

unexpired portion of the term.

(8) A person appointed under subsection (6)(

b) shall hold office until the

next annual meeting following the appointment, at which time the person

ceases to hold office and an election shall be held to fill the office for

the unexpired portion of the term.

PART 3

REVIEW, TRANSITIONAL PROVISION AND REPEAL

Review

34 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before December 31, 2002.

Transitional

35 Where a person is a member of the Board immediately before the coming

into force of this Regulation, that person shall continue to be a member of

the Board under this Regulation.

Repeal

36 Alberta Regulation 338/91 is repealed.

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

Alberta Regulation 259/97

Marketing of Agricultural Products Act

TURKEY PRODUCERS MARKETING PLAN REGULATION

Filed: December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 610/97) pursuant to

sections 23 and 54.1 of the Marketing of Agricultural Products Act.

Table of Contents

Interpretation 1

Designation of agricultural product 2

Part 1

General Operation of Plan

Division 1

Plan

Plan continued 3

Termination of Plan 4

Application of Plan 5

Purpose and intent of Plan 6

Division 2

Administration of Plan by the Board

Board continued 7

Functions of Board 8

Regulations to operate Plan 9

Financing of Plan 10

Remuneration 11

Appointment of an auditor 12

Interprovincial matters 13

Indemnification funds 14

Part 2

Governance of Plan

Division 1

Board

Members of the Board 15

Chair, etc. 16

Quorum at Board meetings 17

Term of office 18

Vacancy 19

Division 2

General Meetings of Producers

Annual general meetings 20

Special general meetings 21

Time, date and place of general meetings 22

Quorum at general meetings 23

Notification of general meetings 24

Division 3

Eligibility, Voting and Elections

Producers who are individuals 25

Producers that are not individuals 26

Voting 27

Voting to take place at meetings 28

Voters list 29

Eligibility re Board member 30

Nominations 31

Elections 32

Election by acclamation 33

Returning officer 34

Duties of returning officer 35

Invalid election re attendance at meeting 36

Controverted election 37

Part 3

Transitional, Review and Repeal

Transitional 38

Review 39

Repeal 40

Interpretation

1(1) In this Regulation,

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

(b) "base quota" means the quota for any category of turkey that

was originally allocated to a producer on that producer's first application

to the Board for an allocation of quota, as amended from year to year;

(c) "Board" means the Board known as the Alberta Turkey Producers

referred to in

section 7;

(d) "category" means any category of turkey referred to in

section

8(4);

(e) "consumer" means a person who purchases turkey for consumption

and not for resale;

(f) "Council" means the Alberta Agricultural Products Marketing

Council;

(g) "family" means, in respect of a person, that person's husband,

wife, common-law husband, common-law wife, father, mother, son, daughter,

brother, sister, son-in-law, daughter-in-law, father-in-law, mother-in-law,

grandfather and grandmother;

(h) "hatcheryman" means a person who holds a licence authorizing

that person to distribute, import, export and sell turkey poults to a

producer;

(i) "period" means a subset of continuous months based on either a

quota or calendar year, as established by the Board;

(j) "periodic production" means marketing of quota of a specified

category of turkeys in any of the periods established by the Board;

(k) "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);

(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);

(l) "Plan" means the Turkey Producers Marketing Plan referred to in

section 3;

(m) "processor" means a person who holds a licence authorizing him

to process turkeys;

(n) "producer" means a person who

(

i) holds a licence authorizing that person to produce

turkeys,

(ii) has been allocated a quota or a permit, or both or

alternatively is a lessee pursuant to the provisions of the regulations,

during a calendar year or a period, and

(iii) owns and operates a production facility in Alberta

or leases and operates a production facility in Alberta on a basis whereby

he receives the revenue from the production facilities;

(o) "production facility" means the buildings and improvements in

which turkeys are produced and the land on which those buildings and

improvements are located;

(p) "quota" means the maximum live weight in kilograms of any

category of turkey that a producer is authorized to market in a calendar

year or a period and is the product of

(

i) the base quota of that category of turkey allocated

to the producer, and

(ii) the percentage established by the Board for that

calendar year or period;

(q) "regulated product" means turkeys;

(r) "turkey" means any turkey, male or female, live or slaughtered,

of any size and includes any part of any turkey.

(2) Any reference in this Plan

(

a) to a class, variety, size, grade or kind of turkeys includes a

reference to a category of turkeys referred to in

section 8,

(

b) to the amount or number of turkeys includes a reference to the

weight of turkeys, and

(

c) to a representative of a producer is a reference to a

representative of a producer appointed under

section 26.

Designation of agricultural product

2 Turkeys are hereby designated as an agricultural product for the

purposes of the Act.

PART 1

GENERAL OPERATION OF PLAN

Division 1

Plan

Plan continued

3 The Turkey Growers Marketing Plan referred to in Alberta Regulation

375/88 is hereby amended and continued under this Regulation with the name

"Turkey Producers Marketing Plan".

Termination of Plan

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

time and shall remain in force, unless otherwise terminated pursuant to the

Act.

Application of Plan

5(1) This Plan applies

(

a) to all of Alberta, and

(

b) to all persons who produce, sell, process or market turkeys and

to all kinds and grades of turkeys.

(2) Notwithstanding subsection (1), this Plan does not apply to a person

who produces turkeys if

(

a) the person is ordinarily resident on the land on which the

production facility in which the turkeys are produced is situated,

(

b) the person produces not more than 300 turkeys in a calendar

year on the land on which that person is ordinarily resident, and

(

c) the turkeys are

(

i) consumed or intended to be consumed by the person

or that person's family, or

(ii) sold or intended to be sold to consumers by the

person

(

A) from the land referred to in clause

(a),

(

B) from land that is adjacent to the land

referred to in clause (a), or

(

C) from a stall at a public market.

Purpose and intent of Plan

6 The purpose and intent of this Plan is to provide for the effective

promotion, control and regulation, in any and all respects and to the

extent of the powers vested in the Board, of the production, marketing and

processing of turkeys in Alberta including the prohibition in whole or in

part of processing or marketing of turkeys in Alberta and, without limiting

the generality of the foregoing,

(

a) to maintain a fair and stabilized price for turkeys,

(

b) to develop and maintain the orderly marketing of turkeys,

(

c) to provide a uniform, high quality of turkeys for the market,

(

d) to maintain adequate advertising and promotion of turkeys,

(

e) to ensure a continuous year-round supply of turkeys for the

trade and consumer market, and

(

f) to work with marketing boards having similar objectives that

may be established in other provinces.

Division 2

Administration of Plan by the Board

Board continued

7 The board known as the "Alberta Turkey Growers Marketing Board" is

hereby continued with the name "Alberta Turkey Producers".

Functions of Board

8(1) The Board is, subject to the Act, responsible for the operation,

regulation, supervision and enforcement of this Plan.

(2) The Board

(

a) shall

(

i) open one or more bank accounts,

(ii) designate those officers, employees and other

persons as necessary to sign cheques and transact the Board's business with

its bank or trust company or at Alberta Treasury Branches or another

depository, and

(iii) generally do all things incidental to or in

connection with the transaction of the Board's business with its bank or

trust company or at Alberta Treasury Branches or another depository;

(

b) shall

(

i) cause the books and records to be maintained that

may from time to time be required under the Act or by virtue of any order

of the Council or as may be determined by the Board, and

(ii) open the books and records to inspection by any

licensed producer or member of the Council at the offices of the Board on 5

days' written notice;

(

c) shall

(

i) maintain the books of accounts, receipts, ledgers,

journals, operating statements and financial statements that may be

required by the Act or any order of the Council or as may be determined by

the Board, and

(ii) open the books of accounts and financial records to

inspection by any licensed producer or member of the Council at any time

on 5 days' written notice to the Board;

(

d) shall maintain an office and notify each licensed producer,

licensed processor, licensed hatcheryman and the Council of the location of

the office;

(

e) may issue any general orders governing its internal operations

as it may from time to time determine, subject to compliance with the Act,

the regulations and any order of the Council;

(

f) may appoint officers and agents, prescribe their duties and fix

and provide for their remuneration.

(3) In carrying out the operation of the Plan, the Board may

(

a) issue or renew a licence;

(

b) refuse to issue or renew a licence;

(

c) suspend or cancel a licence;

(

d) issue a permit;

(

e) allocate, transfer, reduce or cancel a quota or a base quota;

(

f) determine the quota that may be marketed by producers in a

calendar year or a period and provide for periodic production;

(

g) set minimum prices to be paid to producers for any category of

turkey;

(

h) collect service charges and penalties;

(

i) ensure a continuous supply of turkeys in Alberta.

(4) The Board may classify turkeys into categories and in so doing may

establish the following categories:

(

a) light breed turkeys being turkeys of a weight or within a range

of weight as determined by the Board;

(

b) heavy breed turkeys being turkeys of a weight or within a range

of weight as determined by the Board;

(

c) mature turkeys being

(

i) any female turkey that has laid eggs, or

(ii) any male turkey that has produced semen,

and that is not less than 28 weeks of age at the time of

slaughter.

(5) Notwithstanding subsection (4), the Board may delete or add to the

number or type of categories of turkeys based on any criteria that the

Board considers appropriate.

Regulations to operate Plan

9(1) For the purposes of enabling the Board to operate this Plan, the

Board may be empowered by the Council, pursuant to

section 26 of the Act,

to make regulations

(

a) requiring producers engaged in the production or marketing, or

both, of turkeys to register their names and addresses with the Board;

(

b) requiring any person who produces, markets or processes turkeys

to furnish to the Board any information or record relating to the

production, marketing or processing of turkeys that the Board considers

necessary;

(

c) requiring persons to be licensed under this Plan before they

become engaged in the production, marketing and processing, or any one or

more of those functions, of turkeys;

(

d) prohibiting persons from engaging in the production, marketing

or processing, as the case may be, of turkeys except under the authority of

a licence issued under this Plan;

(

e) governing the issuance, suspension or cancellation of a licence

issued under this Plan;

(

f) providing for

(

i) the assessment, charging and collection of service

charges and licence fees, as the case may be, from producers from time to

time for the purposes of this Plan, and

(ii) the taking of legal action to enforce payment of

the service charges or licence fees, as the case may be;

(

g) requiring any person who receives turkeys from a producer

(

i) to deduct from the money payable to the producer

any service charges, licence fees or levies, as the case may be, payable by

the producer to the Board, and

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

(

h) providing for the use of any class of service charges, licence

fees, levies or other money payable to or received by the Board for the

purpose of paying its expenses and administering this Plan and the

regulations made by the Board;

(

i) providing for the payment to a Canada Board of money that is

payable under a Canada Act.

(2) For the purposes of enabling the Board to operate this Plan, the Board

may be empowered by the Council, pursuant to

section 27(1) of the Act, to

make regulations

(

a) requiring that the production or marketing, or both, of turkeys

be conducted pursuant to a quota;

(

b) governing

(

i) the fixing and allotting of quotas,

(ii) the increase or reduction of quotas,

(iii) the cancelling of quotas, and

(iv) the refusal to fix and allot quotas,

to producers for the production or marketing, or both, of

turkeys on any basis the Board considers appropriate;

(

c) governing the transferability or non-transferability of quotas

and prescribing the conditions and procedures applicable to the transfer of

quotas, if any, that the Board considers appropriate;

(

d) establishing

(

i) a formula for determining the amount or number of

turkeys deemed to have been produced or marketed by a producer, and

(ii) the period of time in respect of which the formula

is to be applied,

for the purposes of determining the amount of turkeys produced

or marketed by a producer during a period of time;

(

e) providing for

(

i) the assessment, charging and collection of a levy

from any producer whose production or marketing, or both, of turkeys is in

excess of the quota that has been fixed and allotted to that producer, and

(ii) the taking of legal action to enforce payment of

the levy;

(

f) requiring any person who provides turkeys to a producer under

this Plan to furnish to the Board any information requested by the Board;

(

g) determining the quantity of each class, variety, size, grade

and kind of turkeys that shall be produced or marketed, or both, by each

producer;

(

h) directing, controlling or prohibiting, as the case may be, the

production or marketing, or both, of turkeys or any class, variety, size,

grade or kind of turkeys in such manner as the Board considers appropriate;

(

i) regulating and controlling the production or marketing, or

both, of turkeys, including the times and places at which turkeys may be

produced or marketed;

(

j) determining from time to time the minimum price or prices that

shall be paid to producers for turkeys or any class, variety, grade, size

or kind of turkeys and determining different prices for different parts of

Alberta;

(

k) governing

(

i) the furnishing of security or proof of financial

responsibility by any person engaged in the production, marketing or

processing of turkeys, and

(ii) the administration and disposition of any money or

securities so furnished;

(

l) prohibiting a person to whom a quota has not been fixed and

allotted for the production or marketing, or both, of turkeys from

producing or marketing, as the case may be, any turkeys;

(

m) prohibiting a producer to whom a quota has been fixed and

allotted for the production or marketing, or both, of turkeys from

producing or marketing, as the case may be, any turkeys in excess of that

quota;

(

n) prohibiting any person from purchasing or otherwise acquiring

any turkeys from a producer that are in excess of the quota that has been

fixed and allotted to the producer for the production or marketing, or

both, of turkeys;

(

o) prohibiting any person from purchasing or otherwise acquiring

any turkeys from a person to whom a quota has not been fixed and allotted

for the production or marketing, or both, of turkeys.

(3) For the purposes of enabling the Board to operate this Plan, the Board

may be empowered by the Council, pursuant to

section 27(2) of the Act, to

make regulations

(

a) governing any agricultural product that is not the regulated

product in the same manner as if that agricultural product was the

regulated product under this Plan;

(

b) governing, with respect to any agricultural product that is not

the regulated product, the producers of the regulated product under this

Plan in the same manner as if that agricultural product was the regulated

product under this Plan;

(

c) establishing and governing a formula for determining the amount

or number of the regulated product produced or deemed to have been produced

from any agricultural product that is not the regulated product.

Financing of Plan

10 In accordance with the regulations, this Plan shall be financed by the

charging and collection of service charges, licence fees and levies.

Remuneration

11 The remuneration to be paid to the chair of the Board and to the other

members of the Board shall be fixed by the licensed producers at an annual

meeting of the Board or at any special general meeting of the licensed

producers.

Appointment of an auditor

12 The auditor for the Board shall be appointed by the licensed producers

at the annual meeting or at any special general meeting of the licensed

producers.

Interprovincial matters

13 In accordance with

section 50 of the Act, the Board may,

(

a) with respect to the production or marketing, or both, of the

regulated product, be authorized to perform any function or duty and

exercise any power imposed or conferred on the Board by or under a Canada

Act, and

(

b) with respect to any function or duty that the Council has

authorized the Board to carry out under the Act or the regulations, be

authorized to delegate that function or duty to a Canada Board.

Indemnifica-tion funds

14(1) The Board may establish one or more funds under

section 34 or 35 of

the Act.

(2) In order to finance the funds, the Board may raise amounts in

accordance with sections 34 and 35 of the Act.

PART 2

GOVERNANCE OF PLAN

Division 1

Board

Members of the Board

15 The Board shall consist of 5 members.

Chair, etc.

16 The members of the Board shall, within 30 days of each election of

members to the Board, elect from the members of the Board

(

a) one person to serve as chair of the Board, and

(

b) one person to serve as vice-chair of the Board.

Quorum at Board meetings

17 A quorum at any meeting of the Board is 3 members of the Board.

Term of office

18(1) The term of office of a person who has been elected to the Board is

3 years.

(2) Notwithstanding subsection (1), a member of the Board holds office

until that member's successor is elected or otherwise chosen.

(3) A member of the Board may serve not more than 2 consecutive terms.

(4) Notwithstanding subsection (3), with the approval of the Council and

the producers a member of the Board may be permitted to serve as a member

of the Board for one additional year in order to enable the Board to

fulfill commitments to the Canada Board.

Vacancy

19(1) If a vacancy occurs on the Board, the Board may, with the approval

of the Council, appoint from among the persons who are eligible to be

elected to the Board a person to act as a member until the date of the next

annual general meeting of the producers.

(2) At the next annual producer meeting following the appointment of a

person under subsection (1), the position shall be filled by an election

held in accordance with this Plan for the unexpired portion of the term.

Division 2

General Meetings of Producers

Annual general meetings

20(1) The Board shall hold an annual general meeting of the producers once

in each calendar year.

(2) Not more than 15 months may elapse between annual general meetings of

the producers.

Special general meetings

21 Special general meetings of the producers

(

a) may be called by the Board at any time, or

(

b) shall be called by the Board on the written request of the

Council or of 10 or more producers.

Time, date and place of general meetings

22 Subject to sections 20 and 21, the time, date and location of an

annual general meeting or a special general meeting of producers shall be

fixed by the Board.

Quorum at general meetings

23 A quorum at any annual or special general meeting of the producers is

(a) 15 producers, or

(b) 10% of the producers,

whichever is the greater.

Notification of general meetings

24(1) Where an annual general meeting or a special general meeting of

producers is to be held, the Board shall give 14 days' notice of the

meeting to each producer who is entitled to vote under this Plan by

forwarding the notice by ordinary mail to the producer at the latest

address for the producer as shown on the records of the Board.

(2) For the purposes of subsection (1), the 14-day period for giving

notice is exclusive of the day on which the notice is mailed and exclusive

of the day for which the notice is given.

(3) A notice given under this

section must set out

(

a) the time, place, date and the purpose of the meeting, and

(

b) where special or extraordinary business is to be considered at

the meeting, the general description of that business.

Division 3

Eligibility, Voting and Elections

Producers who are individuals

25(1) A producer who is an individual may, subject to this Plan,

(

a) make representations on any matter pertaining to this Plan or

the operation of the Board,

(

b) attend meetings held under this Plan,

(

c) vote on any matter under this Plan,

(

d) vote at an election under this Plan, and

(

e) hold office under this Plan.

(2) Where a person is an agent of a producer who is an individual, that

agent is not eligible under this Plan to do the following on behalf of that

producer:

(

a) vote on any matter under this Plan;

(

b) vote at an election under this Plan;

(

c) hold office under this Plan.

(3) An individual who is a producer shall not in that individual's

capacity as a producer vote in an election or on any matter under this Plan

unless

(

a) the individual's name appears on the current voters list, or

(

b) the individual makes a statutory declaration stating that the

individual

(

i) is a producer, and

(ii) has not previously voted in the election or on the

matter in respect of which the individual wishes to cast a vote.

(4) Notwithstanding subsection (1), if an individual is both

(

a) a producer in that individual's own capacity, and

(

b) appointed under

section 26 as a representative of a producer

that is not an individual,

that individual, during the time that the individual is a representative of

a producer under

section 26, shall not

(

c) vote on any matter under this Plan,

(

d) vote at an election under this Plan, or

(

e) hold office under this Plan,

in that individual's own capacity as a producer and may only carry out

those functions as the representative of the producer appointed under

section 26.

Producers that are not individuals

26(1) A producer that is not an individual must appoint an individual to

be the representative of the producer, and the appointed individual may do

the following on behalf of that producer:

(

a) make representations on any matter pertaining to this Plan or

the operation of the Board;

(

b) attend meetings held under this Plan;

(

c) vote on any matter under this Plan;

(

d) vote at an election under this Plan;

(

e) hold office under this Plan.

(2) For the purpose of subsection (1), if a producer is

(

a) a corporation, it must appoint an individual who is a director,

shareholder, member, officer or employee of the corporation as its

representative,

(

b) a partnership, it must appoint an individual who is a partner

or employee of the partnership as its representative, or

(

c) an organization that is not a corporation or partnership, it

must appoint a member, officer or employee of the organization as its

representative.

(3) An appointment of a representative under this

section must

(

a) be in writing and set forth at least the name of the

representative of the producer, and

(

b) be filed with the Board.

(4) A representative of a producer shall not cast a vote under this Plan

unless

(

a) the producer's name appears on the current voters list, and

(

b) that representative, before the vote is cast, provides a copy

of the document filed under subsection (3) or of the statutory declaration

under subsection (6).

(5) If the requirements of subsection (3) or (4)(

a) have not been met, an

individual who is the representative of the producer may nevertheless cast

a vote under this Plan if that individual, before the vote is cast, makes a

statutory declaration in writing stating that the individual

(

a) is the representative of the producer, and

(

b) has not previously voted in the election or on the matter in

respect of which the vote is to be taken.

(6) The statutory declaration referred to in subsection (5) must,

(

a) in the case of an election, be provided to or made before the

returning officer or deputy returning officer, or

(

b) in the case of a vote other than an election, be provided to or

made before a director or officer of the Board.

(7) An individual shall not be a representative under this

section for

more than one producer at any one time.

(8) A representative is not eligible to hold office under this Plan on

behalf of the producer until the representative's appointment is filed in

accordance with subsection (3).

(9) A producer that is a person other than an individual shall not carry

out the functions referred to in subsection (1) except in accordance with

this section.

Voting

27(1) A person shall not vote under this Plan except in accordance with

this Plan.

(2) A producer who is eligible to vote may

(

a) vote once on each matter, and

(

b) in the case of an election of a member of the Board, vote for

any number of candidates not exceeding the number of members to be elected

to the Board at that meeting,

notwithstanding that the producer may manage or operate or own, lease or

hold equity in 2 or more operations that are registered separately with the

Board.

Voting to take place at meetings

28 Where a producer meets the requirements of this Plan in respect of

voting, that producer may cast a vote

(

a) in an election of a member of the Board, or

(

b) on any question put to a vote,

if the producer is present at the meeting at which the election or vote is

being held.

Voters list

29(1) When an election to the Board is to be conducted, the returning

officer shall, not less than 30 days before the day on which the election

is to be conducted, prepare a list of the producers eligible to vote in the

election.

(2) The voters list shall be available to any producer or producer's

representative for inspection before, during and after an election.

Eligibility re Board member

30(1) A person is eligible to be elected to the Board if that person

(

a) is a producer,

(

b) has been nominated in accordance with

section 31, and

(

c) is not a processor of turkeys, a designated representative of a

processor of turkeys or a member of the board of directors of an

organization that processes turkeys.

(2) A member of the Board is disqualified from continuing to act as a

member if that person

(

a) ceases to be a producer,

(

b) has been found to be of unsound mind by a court in Canada or

elsewhere,

(

c) is a bankrupt, or

(

d) is absent for 3 consecutive meetings of the Board, without the

approval of the Board.

(3) For the purposes of subsection (2)(d), the Board's approval may be

given before or after the absence occurs.

(4) A person who is ineligible to serve as a member of the Board under

section 18(3) becomes eligible to again serve on the Board as if that

person had never been a member of the Board one year after the date on

which that person's last term expired.

Nominations

31(1) Nominations for candidates for election as members of the Board must

(

a) be signed by at least 2 producers or producers' representatives

and by the nominee, and

(

b) be delivered to the returning officer before the beginning of

the meeting at which the election is to be held.

(2) Notwithstanding subsection (1), nominations from the floor shall be

accepted if

(

a) the nominations are made and seconded by producers or

producers' representatives attending the meeting at which the election is

to be held, and

(

b) the nominee

(

i) is in attendance, and

(ii) consents to the nomination.

Elections

32 Elections to the Board shall be conducted

(

a) at the annual general meeting of producers, or

(

b) at a special general meeting of producers, where the Council

directs under

section 37 that an election be held.

Election by acclamation

33 If at the time that an election is to be conducted the number of

nominations received by the returning officer is equal to or is less than

the number of positions on the Board that are to be filled by that

election, those persons nominated shall be declared to be elected by

acclamation.

Returning officer

34(1) The Board shall appoint a returning officer for elections and votes

taken under this Plan.

(2) The returning officer may appoint persons as deputy returning officers

to assist in the conduct of elections and votes taken under this Plan.

Duties of returning officer

35(1) The returning officer is responsible for all administrative

procedures relating to the conduct of an election or vote taken under this

Plan and shall

(

a) prepare the voters list,

(

b) ensure that each person who votes in an election is on the

voters list or has signed a declaration pursuant to sections 25(3) or

26(5), and

(

c) permit scrutiny by any scrutineers appointed by candidates of

all the actions of the returning officer and deputy returning officers.

(2) Unless otherwise directed by Council, neither the returning officer

nor any other person shall destroy any records or ballots in respect of a

vote or election held under this Plan until 60 days have elapsed from the

day the vote was taken.

Invalid election re attendance at meeting

36(1) If an election is held under this Plan and there is in attendance at

the meeting at which the election is held an insufficient number of persons

who are eligible to vote at the election,

(

a) the election is void, and

(

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

(2) Notwithstanding that a position is vacant pursuant to subsection (1),

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

person had been elected to the position.

(3) Where a position is vacant pursuant to this section, the Board may,

with the approval of the Council, appoint a person who is eligible to be

elected to the Board as a member of the Board until the next annual

producer meeting, at which time an election shall be held for a member to

serve the balance of the term in accordance with this Plan.

Controverted election

37(1) If a producer

(

a) questions

(

i) the eligibility of a candidate,

(ii) the eligibility of a voter,

(iii) any matter relating to a ballot or the tabulation

of ballots, or

(iv) any other irregularity with respect to the conduct

of an election,

and

(

b) seeks to have the election declared invalid and the position

declared vacant,

the producer shall, not later than 30 days after the day of the election,

apply in writing to the Council to have the election declared invalid and

the position declared vacant.

(2) If, within 30 days after the day of an election, the Council has not

received an application under subsection (1), a person 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 30 days after the day of the

election.

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

declared vacant under subsection (4)(c), the term of office of the position

declared vacant is deemed to have commenced on the day that the election

that was declared void was held.

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

vacant, the Council may either

(

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

special producer meeting be held and an election conducted to fill the

vacant position, or

(

b) have the Board appoint, from among the persons who are eligible

to be elected to the position, a person to fill the vacant position.

(7) A person elected under subsection (6)(

a) shall hold office for the

unexpired portion of the term.

(8) A person appointed under subsection (6)(

b) shall hold office until the

next annual producer meeting following the appointment, at which time the

person ceases to hold office and an election must be held to fill the

office for the unexpired portion of the term.

PART 3

TRANSITIONAL, REVIEW AND REPEAL

Transitional

38(1) In this section,

(a) "new Plan" means the Plan as continued by this Regulation;

(b) "previous Plan" means the Turkey Growers Marketing Plan

Regulation (AR 375/88) as it read immediately before the coming into force

of this Regulation.

(2) The persons who, immediately before the coming into force of this

Regulation, were members of the Board under the previous Plan shall, on the

coming into force of the new Plan, continue as members of the Board under

the new Plan until members of the Board are elected under the new Plan.

Review

39 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before December 31, 2002.

Repeal

40 Alberta Regulation 375/88 is repealed.

Alberta Regulation 260/97

Apprenticeship and Industry Training Act

GLASSWORKER TRADE AMENDMENT REGULATION

Filed: December 12, 1997

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Glassworker Trade Regulation (AR 129/94) is amended by this

Regulation.

2 The title to the Regulation is repealed and the following is

substituted:

GLAZIER TRADE REGULATION

Section 1(

c) is amended by adding "and that is known under this

Regulation as the trade of Glazier" after "Act".