Alberta Regulation 227/96

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS MARKETING REGULATION

Filed: October 2, 1996

Made by the Alberta Chicken Producers pursuant to sections 26 and 27 of the

Marketing of Agricultural Products Act.

Table of Contents

Part 1

General

Interpretation 1

Ownership interests 2

Prohibition 3

Application for licence 4

Issue, renewal or refusal of licence 5

Licence to operate as lessee 6

Suspension or cancellation of licence 7

Duty to keep records 8

Duty to provide information to the Board 9

Service charge 10

Part 2

Marketing

Division 1

Quota

Authorized quota, etc. or permit required 11

Minimum price 12

Base quota applications 13

Base quota increases 14

Advanced quota 15

Quota amalgamation 16

Marketing quota calculation 17

Marketing quota change 18

Production cycle 19

Base quota reserve transition 20

Authorized quota reallocation 21

Communal group production quota 22

Financial interest in premises 23

Authority of Board 24

Division 2

Variation from Authorized Marketing

Marketing in excess of marketing quota 25

Marketing less than marketing quota 26

Establishment of period for marketing correction 27

Late or early marketings 28

Reduced marketing due to misfortune 29

New market development quota 30

Division 3

Premises

Approved premises 31

Premises requirements 32

Division 4

Quota Limits and Dealing

with Quota

Quota limit 33

Authorized quota reduction 34

Lease of quota 35

Permit 36

Records not available 37

Division 5

Prohibitions

Processor 38

Producer 39

Selling below minimum price 40

Purchasing below minimum price 41

Custom killing 42

Marketing re reduced weight 43

Part 3

Transitional and Repeal

Quota continued 44

Licence continued 45

Expiration of Regulation 46

Repeal 47

Schedule

PART 1

GENERAL

Interpretation

1 In this Regulation,

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

(b) "advanced quota" means a type of quota that must be exchanged

for base quota if the authorized producer wishes to accept increases in

base quota;

(c) "authorized producer" means a person who

(

i) holds a licence authorizing the person to market

chicken, and

(ii) has been allocated authorized quota;

(d) "authorized quota" means advanced quota, base quota, rock

cornish chicken factor quota or any combination thereof;

(e) "base quota" means the number of quota units that have been

allocated by the Board to an authorized producer;

(f) "Board" means the board known as the Alberta Chicken Producers;

(g) "broiler" means a chicken that is marketed at a live weight

that is greater than one kilogram and less than 2.5 kilograms;

(h) "chick" means a chicken that is less than 2 weeks old;

(i) "chicken" means any category of chicken that is under 6 months

of age and that is not raised for egg production and includes any one or

more of broilers, roasters or rock cornish chicken;

(j) "communal group" means a community of not fewer than 50

individuals in which

(

i) the members live and work together in an

agricultural enterprise,

(ii) a member is not permitted to own property in the

member's own right, and

(iii) the members devote their working lives to the

activities of the communal group;

(k) "communal group production quota" means a quota that may be

granted to a communal group permitting the communal group to produce,

market and consume in accordance with

section 22 up to 6000 chickens in

each calendar year;

(l) "consumer" means a person who purchases any form of chicken for

the person's own consumption or for consumption in the person's household;

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

Council;

(n) "custom kill" means processing by a processor of chicken owned

by a person, other than the processor, on a fee for services basis;

(o) "family" means, in respect of an individual, the individual's

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

son-in-law, daughter-in-law, brother or sister;

(p) "hatchery" means a person who sells chicks;

(q) "marketing quota" means the maximum live weight in kilograms of

any category of chicken that an authorized producer is authorized to market

in a production cycle;

(r) "misfortune" means the loss of chickens, production facilities

or chicken production due to one or more of the following:

(

i) fire;

(ii) wind, hail, flood or other natural phenomena;

(iii) electrical or mechanical failure or a combination

of them;

(iv) collapse of production facilities;

(

v) suffocation or heat prostration of chickens;

(vi) any circumstances not referred to in subclauses (

i) to (

v) that in the opinion of the Board are beyond the control of the

authorized producer;

(s) "permit" means the permission granted in writing to a

researcher by the Board to market chicken within a given period;

(t) "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), or

(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);

(u) "Plan" means the Alberta Chicken Producers' Marketing Plan;

(v) "processing" means changing the nature of chicken by mechanical

means or otherwise and includes killing;

(w) "processor" means any person who is engaged in the business of

processing chicken;

(x) "production cycle" means the period of time to which authorized

quota is applied, as established by resolution of the Board;

(y) "production facilities and premises" means the buildings and

improvements in which chicken is produced together with the land on which

those buildings and improvements are situated;

(z) "quota unit" means a unit of measurement of quota that may be

allocated or reallocated by the Board;

(aa) "researcher" means a person involved in bona fide scientific

research in respect of chicken;

(bb) "roaster" means a chicken that is marketed at a live weight of

not less than 2.5 kilograms;

(cc) "rock cornish chicken" means a chicken that is marketed at a

live weight of not more than one kilogram;

(dd) "rock cornish chicken factor quota" means a type of quota that

is not base quota and under which a quota holder may produce and market

rock cornish chicken;

(ee) "site plan" means a drawing of the outline of buildings used to

produce chicken including outside dimensions of the buildings and the legal

description of the land on which the buildings are located.

Ownership interests

2(1) For the purpose of this Regulation, a person has an ownership

interest in authorized quota if that person

(

a) has any legal or equitable interest in authorized quota;

(

b) owns shares in a corporation that has a legal or equitable

interest in authorized quota;

(

c) owns any shares in a corporation that is affiliated with

another corporation that has a legal or equitable interest in authorized

quota;

(

d) is owned by a person that has a legal or equitable interest in

authorized quota;

(

e) is owned by a corporation that is affiliated with a corporation

that has a legal or equitable interest in authorized quota;

(

f) is affiliated with a corporation that has a legal or equitable

interest in authorized quota.

(2) For the purposes of this Regulation, a corporation is affiliated with

another corporation

(

a) if that corporation owns any shares, legally or equitably, in

that other corporation,

(

b) if the shares of that corporation are owned, legally or

equitably, by that other corporation, or

(

c) if a person legally or equitably owns shares in both

corporations.

(3) If 2 or more corporations are all affiliated with another corporation

at the same time, those corporations are deemed to be affiliated with each

other.

Prohibition

3(1) A person shall not engage in the hatching, processing or marketing of

chicken unless the person is the holder of a valid licence issued by the

Board for the current year.

(2) Notwithstanding subsection (1), the holder of a communal group

production quota may market chicken in accordance with

section 22.

Application for licence

4(1) A person may apply to the Board for one or more of the following

licences:

(

a) a licence to operate as a hatchery;

(

b) a licence to operate as an authorized producer;

(

c) a licence to operate as a processor;

(

d) a licence to operate as a lessee of quota.

(2) A person must obtain a licence for each operation and each location if

that person operates more than one of the following:

(

a) a hatchery;

(

b) a production facility;

(

c) a processing plant.

(3) A licence expires on December 31 of the year for which it is issued.

(4) A licence is not transferable.

(5) The licensee must comply with any directions given by the Board

relating to the activity authorized by the licence.

Issue, renewal or refusal of licence

5(1) Where a person applies for a licence the Board shall, subject to

subsection (3) and

section 6, issue a licence to the applicant.

(2) Subject to subsection (3) and

section 6(2), the Board shall annually

before January 1 renew a licence that is issued under subsection (1).

(3) The Board may refuse to issue or renew a licence if the applicant

(

a) lacks, in the Board's opinion, the experience, equipment or

financial responsibility to properly engage in or continue to engage in the

activity to which the application relates, or

(

b) contravenes the Act, the Plan, this Regulation or an order or

direction of the Council or the Board.

(4) Where the Board refuses to issue or renew a licence, the Board must

serve on the applicant a copy of its decision to refuse to issue or renew

the licence.

(5) A licence issued by the Board

(

a) is a licence to be engaged in the activity stated in the

licence,

(

b) is not an approval or endorsement by the Board of the licence

holder, and

(

c) shall not be represented by the licence holder or any other

person as an approval or an endorsement by the Board.

Licence to operate as lessee

6(1) A licence to operate as a lessee of quota does not give the lessee

authority to produce and market chicken, but authority only to operate

leased quota in accordance with

(

a) a lease,

(

c) the provisions of this Regulation.

(2) A licence to operate as a lessee of quota expires automatically on the

expiration or termination of the lease under which the quota was leased to

the lessee.

Suspension or cancellation of licence

7(1) The Board may suspend, for any period it considers appropriate, or

cancel a licence

(

a) if the licensee

(

i) lacks, in the Board's opinion, the experience,

equipment or financial responsibility to properly engage in or continue to

engage in the activity authorized by the licence, or

(ii) contravenes the Act, the Plan, this Regulation or

an order or direction of the Council or the Board,

(

b) for any other reason not referred to in clause (

a) that the

Board considers appropriate.

(2) Where a licence is suspended or cancelled under subsection (1), the

Board must notify the person to whom the licence was issued of that

suspension or cancellation.

(3) Where a licence is suspended or cancelled, the person to whom the

licence was issued

(

a) shall, on receiving a notice of the suspension or cancellation,

immediately cease engaging in the activity authorized by the licence, and

(

b) may apply to the Board for an order staying the suspension or

cancellation pending the determination of an appeal under

Part 5 of the

Act.

Duty to keep records

8(1) A licensee must maintain a complete and accurate record of all

matters relating to the activity authorized by the licence, including any

of the following records and documents that are pertinent to the activity

authorized by the licence:

(

a) records of the placement of chicks;

(

b) invoices showing the number of chicks purchased;

(

c) transportation records;

(

d) processor receiving records;

(

e) producer payment records;

(

f) grading, trimming or other processing records.

(2) A licensee must

(

a) retain the records and documents required to be kept under

subsection (1) for not less than 6 years, and

(

b) on the request of the Board, make the records and documents

available for inspection.

Duty to provide information to the Board

9(1) A hatchery must

(

a) provide at the end of each week in which chicks are placed the

information required by Form 1, and

(

b) forward the information to the Board in time to reach the Board

office not later than Wednesday of the week following the week in which

chicks are placed.

(2) An authorized producer who receives chicks other than from a hatchery

licensed by the Board must

(

a) provide the information required by Form 1, and

(

b) forward the information to the Board in time to reach the Board

office not later than the week following the receipt of the chicks.

(3) A processor must

(

a) provide at the end of each week in which chicken is purchased

the information required by Form 2, and

(

b) forward the information to the Board in time to reach the Board

office not later than Wednesday of the week following the week in which a

purchase of chicken occurred.

(4) A processor must

(

a) ensure that a Form 3 is completed at the time birds are custom

killed, and

(

b) forward the Form to the Board in time to reach the Board office

within 15 days following the date of processing.

(5) An authorized producer must

(

a) at the end of each week in which chicken is sold by the

producer to a person other than a processor provide the information

required by Form 4, and

(

b) forward the information to the Board in time to reach the Board

office not later than the following Wednesday.

(6) On receiving a request by the Board to do so, a processor must file a

statement with the Board, for any period specified by the Board, setting

out the following:

(

a) the dates on which the processor intends to purchase chicken;

(

b) an estimate of the weight of chicken that the processor intends

to purchase;

(

c) the type of chicken that the processor intends to purchase.

(7) On receiving a request by the Board to do so, an authorized producer

must file with the Board a statement, for any period specified by the

Board, setting forth the following:

(

a) the dates on which the producer intends to market chicken;

(

b) an estimate of the weight of the chicken that the producer

intends to market;

(

c) the type of chicken that the producer intends to market.

Service charge

10(1) A service charge of $0.008 per kilogram of live weight of chicken

shall be paid to the Board in respect of all live chickens marketed.

(2) A processor who purchases chicken from an authorized producer shall

(

a) deduct the service charge referred to in subsection (1) from

the purchase price payable to that producer, and

(

b) forward the service charge to the Board, with an accounting for

the service charge and accompanied with the information required in Form 2,

in time to reach the Board office not later than Wednesday of the week

following the week in which the service charge was deducted.

(3) An authorized producer who sells chicken to a person other than a

processor shall

(

a) pay the service charge referred to in subsection (1) to the

Board, and

(

b) forward the service charge to the Board, accompanied with the

information required in Form 4, in time to reach the Board office not later

than Wednesday of the week following the week in which the chicken was

marketed.

(4) A service charge is a debt due to the Board and may be recovered by

the Board by civil action for debt.

PART 2

MARKETING

Division 1

Quota

Authorized quota, etc. or permit required

11 No person shall market chicken except pursuant to the following:

(

a) an authorized quota;

(

b) a lease of authorized quota approved by the Board under

section

35;

(

c) a communal group production quota;

(

d) a subsisting permit;

(

e) an exemption provided for under the Plan.

Minimum price

12 The Board may by resolution

(

a) determine the minimum price to be paid per kilogram to a

producer for chicken marketed, and

(

b) determine different prices for different classes, varieties,

grades, sizes or kinds of chicken.

Base quota applications

13(1) Persons who

(

a) are not authorized producers, are at least 18 years old and are

residents of Alberta, or

(

b) are authorized producers and have been allocated base quota,

the total of which is less than 6000 quota units,

may apply for an allocation of base quota by filing with the Board a

completed application form provided by the Board.

(2) The names of the applicants shall be entered in a register

chronologically according to the date that the completed application was

received by the Board.

(3) The name of the applicant shall be removed from the register referred

to in subsection (2)

(

a) on the request of the applicant;

(

b) if the applicant is deceased;

(

c) if the applicant is allocated base quota as the result of

(

i) the purchase of a production facility and premises

for which there has been allocated authorized quota that totals at least

6000 quota units of base quota, or

(ii) the obtaining of an ownership interest in at least

6000 quota units of base quota;

(

d) if the applicant has been offered base quota pursuant to

section 14(1)(

b) and has declined the offer;

(

e) if a written request to the applicant for confirmation of the

application

(

i) has been mailed by certified mail or similar means

to the latest address of the applicant as shown on the register, and

(ii) has been mailed during January of 1992 or during a

January that falls in a subsequent even numbered year,

and the applicant has failed to reply to the request within 90

days from the day that the request was mailed to the applicant;

(

f) if in the request made under clause (e), a request is made for

a $15 renewal fee and the applicant has failed to pay the renewal fee

within 90 days from the day that the request made under clause (

e) was

mailed to the applicant.

Base quota increases

14(1) When the Board considers that general marketing conditions warrant a

permanent increase in base quota, that increase shall be offered as

follows:

(

a) approximately 65% of the increase in base quota shall be

offered in equal amounts as an increase to all existing authorized quota

holders, except to

(

i) a person whose authorized quota exceeds the quota

limit established under

section 33;

(ii) a person who holds rock cornish chicken factor

quota except for the purpose of reducing any advanced quota under

section

15;

(

b) approximately 35% of the increase in the base quota shall be

offered to new applicants whose names appear in the register pursuant to

section 13 with the new applicants being taken chronologically from the

register and receiving base quota from the Board as follows:

(

i) if the new applicant does not hold any authorized

quota or have an ownership interest in any authorized quota, the applicant

shall be offered 6000 quota units of base quota;

(ii) if the new applicant holds only advanced quota or

has an ownership interest in only advanced quota, the applicant shall,

(

A) in the case where the applicant holds

not more than 6000 quota units of advanced quota, be offered 6000 quota

units of base quota so that if the offer is accepted all advanced quota

formerly held by the applicant will be exchanged for base quota, and

(

B) in the case where the applicant holds

more than 6000 quota units of advanced quota, be offered 6000 quota units

of base quota so that if the offer is accepted 6000 quota units of the

advanced quota previously held by the applicant will be exchanged for base

quota;

(iii) if the new applicant holds a combination of

advanced quota and base quota or has an ownership interest in advanced or

base quota, the applicant shall be offered base quota or shall exchange

advanced quota for base quota, or both, so that the applicant holds 6000

quota units of base quota.

(2) Notwithstanding anything in subsection (1)(b), if a new applicant

(

a) has held

(

i) authorized quota, or

(ii) an ownership interest in authorized quota,

and

(

b) has had it reallocated to another person,

the amount of quota formerly held and reallocated shall be deducted from

the amount that would otherwise be offered.

(3) A new applicant shall not hold or have an ownership interest in more

than 6000 quota units of base quota as a result of an allocation of quota

under subsection (1)(b).

(4) The restrictions set forth in subsection (1)(b)(

i) and (ii) do not

apply to an ownership interest in

(

a) a publicly traded company listed on a recognized stock

exchange, or

(

b) a co-operative that has more than 200 members.

(5) For the purpose of quota increases made pursuant to subsection (1),

(

a) an authorized producer shall receive only one base quota

increase offer notwithstanding that more than one production facility and

premises may be owned by that authorized producer;

(

b) only one base quota increase shall be offered in respect of a

single production facility and premises notwithstanding that the production

facility and premises may be owned by several persons;

(

c) where several production facilities and premises are operated

by persons living at the same location, the production facilities and

premises shall be deemed to be a single production entity;

(

d) where a person has an ownership interest in more than one

authorized quota, only one offer shall be made in respect of all authorized

quotas in which that person has an ownership interest.

(6) An authorized producer or new applicant who wishes to accept an offer

made under subsection (1) must

(

a) confirm acceptance in writing to the Board,

(

b) provide to the Board any information that the Board may

require, and

(

c) pay to the Board the quota allocation fee.

(7) Notwithstanding subsection (6)(c), a quota allocation fee is not

payable in respect of any amount of advanced quota that is converted to

base quota.

(8) Any quota allocation fee must be established by a resolution of the

Board.

Advanced quota

15 When a base quota increase is, pursuant to

section 14(1), allocated to

a person who has an advanced quota, the amount of the increase shall be

deducted from the authorized producer's advanced quota allocation and the

same amount shall be added to that producer's base quota allocation, until

the advanced quota equals zero.

Quota amalgamation

16(1) An authorized producer with rock cornish chicken factor quota may,

with the permission of the Board, amalgamate that authorized producer's

rock cornish chicken factor quota by changing the rock cornish chicken

factor quota to advanced quota in accordance with subsection (2).

(2) Where rock cornish chicken factor quota is amalgamated, the amount of

advanced quota that is allocated must be equal to the rock cornish chicken

factor quota multiplied by .057692.

(3) Authorized producers with rock cornish chicken factor quota who choose

not to amalgamate quotas under this

section shall be allowed to market in

each calendar year the weight of rock cornish chicken that is equal to

their rock cornish chicken factor quota.

(4) Rock cornish chicken marketings shall

(

a) first be charged against the authorized producer's rock cornish

chicken factor quota, if any, and

(

b) be charged against the authorized producer's marketing quota

for the production cycle during which the marketing occurred, on a

percentage basis as determined from time to time by the Board.

Marketing quota calculation

17(1) Subject to any adjustments made pursuant to this Regulation, an

authorized producer's marketing quota expressed in kilograms is the

following:

(

a) the number determined by

(

i) multiplying the base quota and advanced quota that

is allocated to an authorized producer by the density factor established by

the Board by resolution,

(ii) then multiplying the product determined under

subclause (

i) by the number of weeks in that producer's production cycle,

and

(iii) then multiplying the product determined under

subclause (ii) by the percentage of utilization established by the Board

for that production cycle;

(

b) notwithstanding clause (a), in the case of rock cornish

chicken, the rock cornish chicken factor quota for each calendar year.

(2) For the purposes of subsection (1)(a), a density factor shall not be

established for each individual producer but be established so that it is

generally applicable to all producers.

Marketing quota change

18 When the Board considers it appropriate to vary the production of

chicken to accommodate an anticipated change in the demand for chicken for

the next 12 months or less, the Board may by resolution change the

marketing quota by changing the allowed percentage of utilization for the

base quota and advanced quota.

Production cycle

19(1) The Board must by resolution establish a production cycle

(

a) for broilers, and

(

b) for roasters.

(2) An authorized producer may change that producer's production cycle

(

a) from a roaster cycle to a broiler cycle established under

subsection (1), or

(

b) from a broiler cycle to a roaster cycle established under

subsection (1),

by filing a statement of intent to change production cycle with the Board.

(3) An authorized producer may make application to the Board to produce on

a production cycle that does not conform with either the roaster cycle or

the broiler cycle established by the Board under subsection (1).

(4) Where the Board approves an application made under subsection (3), the

Board may impose time limits or other conditions in respect of the matter

being approved.

(5) A notice of intent to change a production cycle under subsection

(2) or an application under subsection (3) must be in writing, signed by the

authorized producer and endorsed by the authorized producer's hatchery and

processor.

Base quota reserve transition

20(1) Subject to subsection (2), base quota shall not be held in reserve

by an authorized producer after the coming into force of this section.

(2) An authorized producer who had base quota held in reserve immediately

before the coming into force of this

section may continue to hold that base

quota in reserve.

(3) Base quota that is held in reserve under subsection (2)

(

a) must be allocated at such time as the producer requests in

writing, and

(

b) is not transferable to any person except from a parent to a

daughter, son, daughter-in-law or son-in-law.

(4) An allocation fee is not payable in respect of base quota that is held

in reserve.

Authorized quota reallocation

21(1) An authorized producer shall not transfer all or any part of

authorized quota.

(2) Notwithstanding subsection (1), an authorized producer may apply to

the Board to have that producer's authorized quota cancelled and

reallocated, in whole or in part, to another person who is eligible to

become an authorized producer.

(3) An application for cancellation and reallocation under this

section

must be made prior to the completion of the sale of any authorized quota

with or without the production facilities and premises.

(4) The approval of the reallocation of authorized quota shall not take

effect, and the current authorized quota shall not be cancelled, until the

completion of the sale and the filing with the Board of any proof that the

Board may require.

(5) Subject to subsection (6), where an application for cancellation and

reallocation is made under this section, a fee of $200 is payable to the

Board and that fee must accompany the application for the cancellation and

reallocation.

(6) A fee is not payable under subsection (5) if

(

a) there is no change in beneficial ownership of the production

facilities and premises for which there is a reallocation of authorized

quota, or

(

b) the application is for reallocation to a person within the

family.

(7) If an authorized producer has overmarketed and the authorized quota is

reallocated, the person to whom the authorized quota has been reallocated

shall reduce future marketings in accordance with

section 25(2).

(8) If an authorized producer has overmarketed, the authorized quota shall

not be reallocated until all outstanding levies and judgments in respect of

the overmarketing are paid to the Board.

(9) Application must be made to the Board for approval of any transfer

from one person to another of an ownership interest except for an ownership

interest in

(

a) a publicly traded company listed on a recognized stock

exchange, or

(

b) a co-operative that has more than 200 members.

Communal group production quota

22(1) A communal group may apply for an allocation of communal group

production quota by filing a completed application form provided by the

Board.

(2) The Board shall grant communal group production quota to an applicant

(

a) the communal group does not hold any authorized quota, and

(

b) the communal group resides on the same parcel of land on which

the production facilities are located at which the chicken is produced.

(3) Chicken produced under a communal group production quota must only be

(

a) consumed by members of the communal group, or

(

b) marketed to consumers from

(

i) the land referred to in subsection (2)(b),

(ii) land that is adjacent to the land referred to in

subsection (2)(b), or

(iii) a stall at a farmers' market.

(4) An applicant for a communal group production quota must pay to the

Board a service charge of $250 at the time of making the application for

the quota and thereafter the holder of the communal group production quota

must pay to the Board an annual service charge of $250 by January 31 of

each year.

(5) If the annual service charge is not paid by January 31 in the year it

is due, the Board may cancel the communal group production quota.

(6) A communal group production quota holder must, if the holder acquires

chicks from outside Alberta, report to the Board in writing the number of

chicks so acquired within 2 weeks after the chicks are delivered to the

holder.

(7) A communal group production quota shall not be sold, transferred,

reallocated or divided.

(8) If the holder of a communal group production quota is granted an

allocation or reallocation of an authorized quota, the communal group

production quota is cancelled on that allocation or reallocation of the

authorized quota.

(9) A communal group production quota may be reduced or cancelled, either

permanently or for such period as the Board considers appropriate, if a

communal group quota holder

(

a) produces in excess of 6000 chickens in any calendar year,

(

b) fails to comply with subsection (3)(

b) when marketing any

chicken, or

(

c) fails to report the information required by subsection (6).

(10) Before the Board proceeds to amend this section, the Board must

(

a) give written notice by ordinary mail to the communal group

production quota holders of the proposed amendments,

(

b) hold a public meeting at which communal group production quota

holders may make representations to the Board about the proposed

amendments, and

(

c) consider the representations made prior to amending this

section.

Financial interest in premises

23(1) Any person who holds a financial interest by means of a mortgage

registered under the Land Titles Act in respect of the production

facilities and premises to which an authorized quota has been allocated may

register that interest with the Board in a manner that is satisfactory to

the Board.

(2) Where a mortgagee registers an interest with the Board under

subsection (1), that mortgagee must at the same time also register with the

Board a written acknowledgment by the authorized producer of the

mortgagee's financial interest in the production facilities and premises.

(3) If an interest is registered under subsection (1), the Board must

(

a) immediately notify the authorized producer who has been

allocated the authorized quota of the registration, and

(

b) notify the mortgagee of any application to reallocate or lease

all or any part of the authorized quota to which the registration applies.

(4) The Board shall not approve the reallocation or lease of any

authorized quota in respect of which an interest is registered under

subsection (1) unless the mortgagee has given written consent to the

reallocation or lease.

Authority of Board

24(1) Where a mortgagee becomes the legal or equitable owner of production

facilities and premises due to a judicial or extra-judicial enforcement of

the mortgage, the Board may do one or more of the following:

(

a) allow the mortgagee to market chicken pursuant to the

authorized quota granted in respect of the production facilities and

premises for a period not exceeding 2 years during which time the mortgagee

must endeavour to find an appropriate buyer;

(

b) set aside for a period not exceeding 2 years the authorized

quota allocated in respect of the production facilities and premises;

(

c) allocate part or all of the authorized quota to a person who

purchases the production facilities and premises from the mortgagee, if the

Board is satisfied that the purchaser is or intends to become an authorized

producer;

(

d) allocate part or all of the authorized quota to the mortgagee,

if the Board is satisfied that the mortgagee intends to become an

authorized producer.

(2) If an authorized quota has not been allocated within the time set out

in subsection (1)(

a) or (b), the Board may

(

a) cancel the authorized quota, or

(

b) on written application by the mortgagee extend the time set out

in subsection (1)(

a) or (b).

Division 2

Variation from Authorized Marketing

Marketing in excess of marketing quota

25(1) An authorized producer shall not market chicken in excess of the

marketing quota allocated to that producer.

(2) If an authorized producer markets chicken in contravention of

subsection (1), the Board shall in a subsequent production cycle, without

permanently reducing the authorized quota allocated to that producer,

reduce the weight of chicken that the producer may market by an amount

equal to the weight of the chicken that was marketed in excess of that

producer's marketing quota.

(3) An authorized producer who has marketed chicken contrary to subsection

(1) shall pay to the Board a levy of

(a) 44› a kilogram for each kilogram of chicken marketed in excess

of 107% but not more than 110%, and

(b) 88› a kilogram for each kilogram of chicken marketed in excess

of 110%

of the producer's marketing quota for the production cycle.

(4) The levy provided for under subsection (3) must be paid

notwithstanding that the authorized producer reduces the excess marketings

in accordance with subsection (2).

(5) The levy provided for under subsection (3) must be paid within 30 days

from the date that the authorized producer was billed for the levy by the

Board.

(6) If the levy provided for under subsection (3) is not received by the

Board within 30 days from the date that the authorized producer is billed

for the levy by the Board, that producer must pay an additional levy of 4›

a kilogram.

(7) A levy provided for under this

section is a debt due to the Board and

may be recovered by the Board by civil action for debt.

Marketing less than marketing quota

26(1) If an authorized producer markets less chicken than that producer is

permitted to market pursuant to the marketing quota allocated to that

producer, that producer's allowed marketing of chicken shall be increased

in a subsequent production cycle by the lesser of

(

a) the marketing deficit, or

(b) 7% of the producer's marketing quota in effect at the time of

the marketing deficit.

(2) An authorized producer who plans to market less than 90% of that

producer's marketing quota may, by the date established by the Board, apply

to the Board to do so and in respect of that application must provide such

information as the Board may require.

(3) If application is not made under subsection (2) and an authorized

producer markets less than 90% of that producer's marketing quota, that

producer's marketing quota shall be reduced in a subsequent production

cycle by the difference between 90% of that producer's marketing quota and

what was marketed.

Establishment of period for marketing correction

27 The Board must establish by resolution when

(

a) reductions in marketings are to occur for the purpose of

section 25(2) and 26(3), and

(

b) increases in marketings are to occur for the purpose of

section

26(1).

Late or early marketings

28 If a processor changes the date on which an authorized producer

markets chicken from that set out in the information provided to the Board

under

section 9(6) and (7) in order to meet a market demand, and as a

result of the change in the date the producer markets more or less chicken

than allowed under that producer's marketing quota, the Board may

(

a) waive any levies that resulted from the delay in marketings, or

(

b) allow increased marketings in subsequent production cycles to

compensate for undermarketings that result from the advance in marketings.

Reduced marketing due to misfortune

29(1) Notwithstanding

section 26, where an authorized producer due to

misfortune markets less chicken in a production cycle than that producer is

permitted to market pursuant to the marketing quota allocated to that

producer, that producer may in writing apply to the Board for marketing

quota compensation.

(2) An authorized producer shall not be eligible for compensation under

subsection (1) unless the misfortune causes the producer to market less

than 90% of the producer's marketing quota that was in effect at the time

of the occurrence of the misfortune.

(3) In making an application under subsection (1), the authorized producer

must provide to the Board all the information regarding the number of

chicks placed and the kilograms of chicken that were marketed and such

other documentation and information as the Board may require.

(4) If the Board grants marketing quota compensation to an applicant, the

amount of the compensation shall be determined by subtracting from the

total amount of the producer's marketing quota that was in effect during

the production cycle during which the reduced marketings took place the

amount that is determined by adding together

(

a) the actual marketings from all of that producer's production

facilities and premises that were made during the cycle during which the

reduced marketings took place, and

(b) 10% of that producer's marketing quota that was in effect at

the time of occurrence of the misfortune.

(5) An authorized producer shall not utilize any of the marketing quota

compensation granted to that producer until that producer and the Board

agree to the production cycle or cycles in respect of which the

compensation is to be granted.

(6) The maximum amount of marketing quota compensation that may be granted

to an authorized producer under this

section is the total of

(

a) the marketing quota that the producer would have been entitled

to for the 12 weeks following the occurrence of the misfortune, and

(

b) the amount of marketing quota compensation, if any, granted

under subsection (4).

New market development quota

30(1) For the purposes of this section,

(a) "new market development quota" means marketing quota leased by

the Board to authorized producers solely for the purpose of developing new

markets;

(b) "period" means a period as determined from time to time under a

Canada Act by the Canadian Chicken Marketing Agency.

(2) A processor may apply to the Board to request that the Board make an

offer of new market development quota to authorized producers.

(3) An application under subsection (2) must be in the form and provide

the information prescribed by the Board.

(4) The Board may by resolution establish a deadline for applications to

be made under subsection (2).

(5) If the Board determines that the application is acceptable, the Board

may determine

(

a) the period for which the offer of new market development quota

will be made, and

(

b) the amount per kilogram that a producer must pay to a

designated processor in order to be entitled to lease new market

development quota.

(6) The Board must advise the applicant of its determination under

subsection (5).

(7) Within the time specified by a resolution of the Board, authorized

producers may file with the Board a bid to lease new market development

quota.

(8) A bid must

(

a) be in the form prescribed by the Board, and

(

b) set out the maximum number of kilograms of new market

development quota the authorized producer is prepared to commit to lease.

(9) The maximum bid that an authorized producer may make is equal to the

marketing quota that would be available to that producer if the utilization

factor in effect in the period were 100%.

(10) If the total kilograms of bids filed by authorized producers is less

than the amount of chicken required by the applicant, the offer is void

unless the applicant agrees to reduce the applicant's requirement so that

it equals the amount of the bids.

(11) If an offer is void under subsection (10), the Board and applicant

may agree that a new offer be made to authorized producers at a reduced

lease rate.

(12) The Board shall distribute the total amount of leased quota available

in rounds of one quota unit to each bidder until all available leased quota

is distributed.

(13) The Board must advise each authorized producer who bid of

(

a) the amount of quota that the producer is eligible to lease as

determined in accordance with subsection (12), and

(

b) the amount payable to the designated processor for the

opportunity to lease new market development quota.

(14) On receipt of confirmation from the designated processor that the

authorized producer has paid the amount payable under subsection (13), the

Board shall

(

a) lease to that producer new market development quota, and

(

b) specify the number of kilograms of new market development quota

and the production cycle to which that lease applies.

(15) This

section ceases to have any effect after November 30, 1998 unless

a majority of authorized producers voting at the annual Board meeting in

1998 vote to continue it.

Division 3

Premises

Approved premises

31 Unless otherwise authorized in writing by the Board, an authorized

producer shall not market chicken other than those produced in the approved

production facilities and premises for which the authorized quota was

allocated.

Premises requirements

32(1) Prior to the commencement of production, the authorized producer

must register with the Board the production facilities and premises in

which the production is to take place.

(2) Where a person applies to register production facilities and premises

with the Board, that person must provide to the Board

(

a) a copy of the current certificate of title for the land on

which the production facilities and premises are located,

(

b) a site plan, and

(

c) such other information as the Board may require.

Division 4

Quota Limits and Dealing with Quota

Quota limit

33(1) An individual, whether alone or through an interest in a

corporation, partnership, unincorporated organization or group of

individuals, shall not hold more than 1.25% of the total of all authorized

quota allocated by the Board.

(2) Subject to subsection (3), a corporation, partnership, unincorporated

organization or group of individuals shall not hold more than 2.5% of all

authorized quota allocated by the Board.

(3) An individual shall not exceed directly or indirectly the limit

established under subsection (1) through holdings in a corporation,

partnership, unincorporated organization or group of individuals.

(4) No more than 2.5% of all authorized quota allocated by the Board may

be produced at one production facility and premises.

(5) For the purpose of subsections (1) and (2), the amount of authorized

quota shall be determined as follows:

(

a) the holding of authorized quota for an individual is the sum of

(

i) the authorized quota held by that individual, plus

(ii) the proportionate share of any authorized quota in

which that individual has an ownership interest through a corporation,

partnership or unincorporated organization referred to in

section 1(t)(ii)

or group of individuals referred to in

section 1(t)(iii), plus

(iii) any authorized quota in which the individual has an

ownership interest as a lessee of quota;

(

b) the holdings of a corporation, partnership or unincorporated

organization referred to in

section 1(t)(ii) or group of individuals

referred to in

section 1(t)(iii) is the sum of

(

i) the authorized quota held by that corporation,

partnership, unincorporated organization or group of individuals, plus

(ii) the proportionate share of any authorized quota

that the corporation, partnership, unincorporated organization or group of

individuals holds through an ownership interest in another corporation,

partnership, unincorporated organization or group of individuals, plus

(iii) any authorized quota in which the corporation,

partnership, unincorporated organization or group of individuals has an

ownership interest as a lessee of quota.

(6) The Board shall not allocate, reallocate or approve the lease of any

authorized quota if as a result of that allocation, reallocation or lease

any person would hold quota in excess of that allowed under subsection (1)

or (2).

(7) The restriction set forth in subsection (3) does not apply to:

(

a) the ownership interest of a producer in

(

i) a publicly traded company listed on a recognized

stock exchange, or

(ii) a co-operative that has more than 200 members;

(

b) the reallocation of quota to a person under a will or under the

Intestate Succession Act.

(8) If authorized quota is reallocated under subsection (7)(b), any

subsequent allocation or reallocation, except a further reallocation under

subsection (7)(b), is subject to subsections (1) to (4).

Authorized quota reduction

34 The Board may reduce or cancel an authorized quota if the authorized

producer to whom it is allocated or the person to whom it has been leased

pursuant to

section 35

(

a) has failed to observe, perform or carry out the provisions of

the Act, this Regulation or any order of the Council or the Board;

(

b) is not utilizing or has voluntarily given up all or part of

that producer's authorized quota or portion leased;

(

c) has had that producer's or lessee's licence revoked or

suspended;

(

d) has not received the approval of the Board for any change of

ownership interest in that producer in the case where an authorized quota

has been allocated or leased in the name of a company.

Lease of quota

35(1) The Board may allow an authorized producer to lease all or part of

that authorized producer's quota to

(

a) another authorized producer, or

(

b) a person who is licensed as a lessee of quota.

(2) An application to lease quota must

(

a) be made in writing to the Board by the authorized producer,

(

b) be endorsed by the proposed lessee, and

(

c) include the information that the Board requires.

(3) If an authorization to lease is granted by the Board, the Board may

make the authorization subject to those terms or conditions that the Board

considers appropriate in the circumstances.

(4) Where an approval for a lease of authorized quota has been granted by

the Board to a person who is licensed as a lessee of quota, the following

provisions apply to that person in the same manner as if that person was

the authorized producer:

section 9;

section 10;

section 17;

section 19;

section 25;

section 26;

section 28;

section 29;

section 30;

section 31;

section 32;

section 37;

section 38;

section 39;

section 40;

section 42.

(5) The authorized producer and lessee are

(

a) jointly responsible for reducing the marketing of chicken in

accordance with sections 25(2) and 26(3), and

(

b) jointly and severally liable for

(

i) all service charges assessed under this Regulation,

(ii) all levies assessed under this Regulation, and

(iii) any judgment obtained in respect of service charges

or levies assessed under this Regulation.

(6) If a lease is terminated and any reductions in the marketing of

chicken imposed under sections 25(2) and 26(3) are not completed, the

remaining reductions in the marketing of chicken are the responsibility of

(

a) the authorized producer who leased the quota to the lessee, if

the lessee was not an authorized producer, and

(

b) the lessee, if the lessee was an authorized producer.

(7) The Board shall not allow a lease of quota from an authorized producer

to a lessee if

(

a) the authorized producer has outstanding service charges or

levies payable to the Board, or

(

b) the proposed lessee would exceed the quota limit established

under

section 33.

(8) When an application for a lease is made to the Board, there is payable

to the Board a fee of $50 and that fee must accompany the application made

to the Board under subsection (2).

(9) Notwithstanding anything in this Regulation, none of the following

permit a lessee to exercise the rights of a licensed producer under Parts 2

or 3 of the Plan:

(

a) any authorization granted by the Board authorizing a lessee to

lease quota;

(

b) a licence granted by the Board licensing a person to operate as

a lessee of quota;

(

c) a lease of quota to a lessee.

Permit

36 The Board may issue permits for research purposes.

Records not available

37 If records are not available to the Board in respect of an authorized

producer, that producer is deemed

(

a) to have marketed the amount of chicken determined by

multiplying the number of chicks delivered to that producer by the average

weight of all chicken marketed in Alberta of the same weight category as

determined by statistics derived from Agriculture Canada Poultry Market

Report number 52, or the current successor to that Report, in the year

prior to the year that the chicken was marketed, and

(

b) to have marketed all of the chicken that grew out of chicks

that were delivered to that producer within 3 months of the delivery of the

chicks.

Division 5

Prohibitions

Processor

38 A processor shall not purchase chicken from any person other than an

authorized producer or a processor.

Producer

39 An authorized producer shall not market chicken to any person other

than a licensed processor or a consumer, except where that producer has

demonstrated extraordinary circumstances to the Board and the Board has

granted permission in writing to that producer to do so.

Selling below minimum price

40 An authorized producer shall not market chicken at a price that is

less than the minimum price that is established by the Board.

Purchasing below minimum price

41 A processor shall not purchase chicken for an amount that is less than

the minimum price that is established by the Board.

Custom killing

42 A processor shall not in a calendar year custom kill more than 2000

chickens for any person other than an authorized producer.

Marketing re reduced weight

43(1) On being advised in writing by the Board that pursuant to sections

25 and 26(3) the Board has reduced the weight of chicken that an authorized

producer is authorized to market, a processor shall not market any chicken

in excess of the reduced weight of chicken, if any, that the producer is

authorized to market unless the processor first obtains written permission

from the Board to do so.

(2) Where the Board grants permission for the purposes of subsection (1),

the permission must be in writing and specify the terms on which the

marketings can occur.

PART 3

TRANSITIONAL AND REPEAL

Quota continued

44 Where, immediately prior to the coming into force of this Regulation,

(

a) a person held quota under the Alberta Chicken Producers

Marketing Regulation (Alta. Reg. 84/93), and

(

b) that quota comes within the definition of authorized quota

under this Regulation,

that person shall continue to hold that quota as authorized quota under

this Regulation.

Licence continued

45 Where, immediately prior to the coming into force of this Regulation,

a person held a licence issued under the Alberta Chicken Producers

Marketing Regulation (Alta. Reg. 84/93), that person shall continue to hold

that licence under this Regulation and that person and the licence are

subject to this Regulation.

Expiration of Regulation

46 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, 2001.

Repeal

47 The Alberta Chicken Producers Marketing Regulation (Alta. Reg. 84/93)

is repealed.

SCHEDULE

FORM 1

(

A) Licensed Producers Return for Week Ending

Saturday:

Date

Producer Name

Prod No

Barn Location

Town

No of Chicks Placed including Spares

Cornish

Broiler

Roaster

Total Placement By Licensed Producers:

(Date) (Hatchery) (Location) (Signature)

Record Placement of all

Licensed Persons

(

B) Non-Licensed Persons Return for Week Ending

Saturday:

Date

Producer Name

Address

No of Chicks Placed including Spares

Cornish

Broiler

Roaster

Total of all Chicks Placed with Non-Licensed Persons:

(Date) (Hatchery) (Location) (Signature)

Record Placement of all

Non-Licensed Persons

FORM 2

Alberta Chicken Producers

Return for Week Ending Saturday: Service Charge is /kg

Date

Producer Name

Prod No

Barn Location

Town

No of Birds

Kilograms

Cornish

Kilograms

Broiler

Kilograms

Roaster

Service

Charge

Totals:

(Date) (Name of Processor) (Signature)

(Amount of Cheque)

FORM 3

Alberta Chicken Producers

DECLARATION REGARDING CUSTOM KILL

1 I, (Name of Producer) of (Address) , Alberta

(Postal Code) , certify that I do NOT hold a subsisting producer's

licence.

2 I also certify that the (number) head of chicken being processed on

a custom kill basis and weighing kilograms live will be used for

personal consumption by me and my immediate family.

(Processor Name)

(Date of Processing)

Signature of Producer or

Producer Representative

FORM 4

Alberta Chicken Producers

PRODUCER'S MARKETING REPORT FORM

I, (Name of Producer) , (Producer No.) of (Address) Alberta,

(Postal Code) , submit the following information concerning the sale of

chicken

Date

Buyer's

Name

Buyer's

Address

Age of

Birds

Number of

Birds

Live Weight

in Kgs.

Totals:

Total Estimated Weight kgs.

x current service charge

= money owing to the Board.

Note:

(

a) This form is to be completed for all chicken marketed to persons

other than licensed processors.

(

b) All forms must be forwarded to the Board (the Alberta Chicken

Producers) with the appropriate service charge within 7 days of the sale.

Alberta Regulation 228/96

Gas Resources Preservation Act

GAS RESOURCES PRESERVATION AMENDMENT REGULATION

Filed: October 2, 1996

Made by the Lieutenant Governor in Council (O.C. 465/96) pursuant to

section 13 of the Gas Resources Preservation Act.

1 The Gas Resources Preservation Regulation (Alta. Reg. 273/89) is

amended by this Regulation.

Section 1 is amended by renumbering it as

section 1(1) and by adding

the following after subsection (1):

(2) For the purposes of

section 9 of the Act "core consumer" means

(

a) a core consumer as defined in the Gas Utilities

Core Market Regulation (Alta. Reg. 44/95), and

(

b) a core consumer as defined in the Municipal Gas

Systems Core Market Regulation (Alta. Reg. 45/95).

Section 3(1) is repealed and the following is substituted:

Communica-tion of information

3(1)

Section 13.2(1) and (3) of the Act do not apply in relation to

any information obtained by the Board in returns furnished to the Board by

or on behalf of a permittee pursuant to a term or condition contained in a

permit.

4 The following is added after

section 4:

Conditions on permits

4.1(1) Every permit granted on or after October 15, 1996 is subject

to the following conditions:

(

a) all gas to be removed from Alberta pursuant to the

permit shall be measured by or on behalf of the permittee by meters

approved by the Board;

(

b) the relative density, higher heating value and

volume of all gas received by the permittee for removal from Alberta

pursuant to the permit shall, in a manner approved by the Board,

(

i) be measured by or on behalf of the

permittee at or near the points at which the gas is removed from Alberta,

and

(ii) be reported to the Board by or on

behalf of the permittee;

(

c) all quantities of gas removed from Alberta pursuant

to the permit shall be referred to a 101.325 kilopascal pressure base and a

15ø Celsius temperature base.

(2) Every permit is subject to the condition that the permittee may

October 15, 1996 by the Lieutenant Governor in Council or the Minister for

the granting or amending of the permit.

(3) Subsection (2) does not apply in respect of permit number ER

95-1 granted by the Board.

5 The Removal of Conditions Regulation (Alta. Reg. 53/95) is repealed.

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

Alberta Regulation 229/96

Mines and Minerals Act

OIL SANDS AMENDMENT REGULATION

Filed: October 2, 1996

Made by the Lieutenant Governor in Council (O.C. 467/96) pursuant to

section 5 of the Mines and Minerals Act.

1 The Oil Sands Regulation (Alta. Reg. 228/91) is amended by this

Regulation.

Section 1 is amended by adding the following after clause (e):

(e.1) "joint venture" means a group or association of persons of a

kind that is approved by the Minister for the purpose of

section 8.2;

Section 4 is repealed and the following is substituted:

Rental

4(1) The annual rental for an oil sands agreement shall be paid

yearly in advance in amounts determined as follows:

(

a) in respect of years of an agreement other than

years of an extension granted under

section 8.1, at the rate of $3.50 for

each hectare contained in the location;

(

b) in respect of each year of the extension granted

under

section 8.1, at the rate calculated under clause (

a) plus an

additional amount of rental equal to the product of

(i) 1% of the excess of the minimum

prescribed capacity specified by the relevant clause of the lease prior to

its amendment pursuant to

section 8.1(1)(

d) over the quantity of bitumen

determined by the Minister to have been obtained during the year pursuant

to the agreement, multiplied by

(ii) the price per barrel for bitumen

established by the Minister for the purpose of this subsection.

(2) Rental paid pursuant to subsection (1) will not be allowed as a

cost in the calculation of royalty payable under an oil sands lease or a

successor to an oil sands lease or under an oil sands royalty regulation.

4 The following is added after

section 8:

Extension of 2nd term

8.1(1) The Minister may, at the end of the 2nd term of an existing

oil sands lease, extend the 2nd term for an additional period not exceeding

5 years if

(

a) an application for an extension is made by the

lessee not more than 3 years and not less than 6 months before the end of

the 2nd term of the lease and, at the time of the application, the

requirements of

section 8(1)(

b) are not being complied with,

(

b) the application is accompanied by a plan for the

development of the oil sands in the location during the 3rd term of the

lease if the lease qualifies for renewal under

section 8,

(

c) the Minister has approved the application and the

development plan,

(

d) before the application is approved, the relevant

clause of the lease has been amended to increase the minimum prescribed

capacity for a plant or other works by not less than 20%, and

(

e) the Minister considers that the circumstances

warrant the extension.

(2) The Minister may attribute reserves to a development plan

approved under subsection (1)(

c) by approving a maximum sustainable daily

bitumen production rate for the plan for the purpose of

Part 1 of the

Schedule and by calculating recoverable bitumen reserves under

Part 1 and,

if relevant, under

Part 2 of the Schedule.

(3) The Minister may approve an extension under this

section subject

conditions of the extension agreed to between the Minister and the lessee.

(4) If a lessee fails to comply with any of the terms or conditions

of, or provisions relating to, an extension under this section, the

Minister may

(

a) cancel the lease under

section 44 of the Act, or

(

b) terminate the extension by giving the lessee a

notice stating that the extension will end 60 days after the date on the

notice and stating the reason for the termination.

(5) If the Minister terminates an extension under subsection (4)(b),

or if the lease does not, on the expiry of the extension, qualify for

renewal under

section 8,

(

a) sections 9, 10 and 11 apply to the lease on and

after the effective date of the termination or on the date of expiry of the

extension as though that date was the end of the 2nd term of the lease, and

(

b) the Minister may allow the lessee to retain a part

of the location based on the submission of a further development plan under

and in accordance with

section 9 and a determination by the Minister under

section 10.

Sale, transfer during extension

8.2 Notwithstanding

section 5, a lessee shall not, during the

continuance of an extension granted under

section 8.1, sell, assign or

transfer the lease or any interest in the lease, to any person other than a

person with whom the lessee is participating in a joint venture that

involves the lease, and then only with the prior consent of the Minister.

Section 9 is amended

(

a) in subsection (1) by striking out "and sections 10 and 11" and

substituting "and

section 10";

(

b) in subsection (2)(

a) by adding "or not more than 30 days after

the effective date of termination of the extension of the 2nd term of the

existing oil sands lease under

section 8.1(4)(b)," before "the lessee".

Section 11 is amended

(

a) in subsection (1) by striking out "under

section 9" wherever it

occurs and substituting "under

section 8.1(1) or 9";

(

b) by repealing subsection (2) and substituting the following:

(2) If

(

a) a new plan referred to in subsection (1)(

a) is

submitted to the Minister, and

(

b) the Minister approves the new plan,

the Minister shall establish a new location of the lease

consisting of the part of the location that, in the opinion of the

Minister, contains recoverable bitumen reserves equalling those determined

on the basis of the maximum sustainable daily bitumen production rate

approved by the Minister for the new plan in accordance with

Part 1 of the

Schedule.

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

Alberta Regulation 230/96

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: October 2, 1996

Made by the Lieutenant Governor in Council (O.C. 471/96) pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans Act.

1 The Local Authorities Pension Plan (Alta. Reg. 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 location:

Camrose and District Senior Centre

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

Alberta Regulation 231/96

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN

AMENDMENT REGULATION

Filed: October 2, 1996

Made by the Lieutenant Governor in Council (O.C. 472/96) pursuant to

Schedules 2 and 5,

section 4 of the Public Sector Pension Plans Act.

1 The Management Employees Pension Plan (Alta. Reg. 367/93) is amended by

this Regulation.

Part 2 of

Schedule 2 is amended by repealing Item (

d) and substituting

the following:

(

d) The Alberta Energy and Utilities Board,

3 This Regulation comes into force on the coming to force of

section 1(3)

and (4) of the Alberta Energy and Utilities Board Statutes Amendment Act,

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

Alberta Regulation 232/96

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION

Filed: October 2, 1996

Made by the Lieutenant Governor in Council (O.C. 473/96) pursuant to

Schedules 2 and 5,

section 4 of the Public Sector Pension Plans Act.

1 The Public Service Pension Plan (Alta. Reg. 368/93) is amended by this

Regulation.

Part 2 of

Schedule 2 is amended by repealing item 9 and substituting

the following:

9 The Alberta Energy and Utilities Board.

Part 2 of

Schedule 2 is amended by repealing item 12.

4(1)

Section 2 comes into force on the coming into force of

section 1(3)

and (4) of the Alberta Energy and Utilities Board Statutes Amendment Act,

(2) Section 3 comes into force on the coming into force of

section 35(

a) of the Racing Corporation Act.

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

Alberta Regulation 233/96

Agricultural Societies Act

AGRICULTURAL SOCIETIES FINANCIAL STATEMENT REGULATION

Filed: October 2, 1996

Made by the Lieutenant Governor in Council (O.C. 476/96) pursuant to

section 21 of the Agricultural Societies Act.

Financial statements

1 The financial statement referred to in

section 21 of the Act must be a

review engagement report or audit report prepared by a

(

a) Certified General Accountant,

(

b) Certified Management Accountant, or

(

c) Chartered Accountant.

Alberta Regulation 234/96

Marketing of Agricultural Products Act

AUTHORIZATION ORDER

Filed: October 2, 1996

Approved by the Lieutenant Governor in Council (O.C. 477/96) pursuant to

section 50 of the Marketing of Agricultural Products Act.

1 The Alberta Pork Producers Development Corporation is authorized to

perform all functions and duties and exercise all powers imposed or

conferred on the Corporation by or under the Agricultural Products

Marketing Act (Canada), including without limitation the functions, duties

and powers imposed or conferred on the Commodity Board under the Alberta

Hog Order made under that Act.

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

Alberta Regulation 235/96

Mines and Minerals Act

PRESCRIBED AMOUNTS (PETROLEUM ROYALTY)

AMENDMENT REGULATION

Filed: October 3, 1996

Made by the Deputy Minister of Energy (M.O. 30/96) pursuant to

section 1.1

of the Petroleum Royalty Regulation (Alta. Reg. 248/90).

1 The Prescribed Amounts (Petroleum Royalty) Regulation (Alta. Reg.

47/93) is amended by this Regulation.

Section 48 is amended by adding the following after clause (d):

(d.1) the new oil par price is $168.52 per cubic metre;

3 The following is added after

section 48:

49 The following are prescribed for the month of November, 1996:

(

a) the old non-heavy oil par price is $185.70 per

cubic metre;

(

b) the old heavy oil par price is $166.35 per cubic

metre;

(

c) the new non-heavy oil par price is $185.70 per

cubic metre;

(

d) the new heavy oil par price is $166.35 per cubic

metre;

(

e) the third tier non-heavy oil par price is $185.70

per cubic metre;

(

f) the third tier heavy oil par price is $166.35 per

cubic metre;

(

g) the old non-heavy oil royalty factor is 3.069998;

(

h) the old heavy oil royalty factor is 3.129286;

(

i) the new non-heavy oil royalty factor is 3.192250;

(

j) the new heavy oil royalty factor is 2.662053;

(

k) the third tier non-heavy oil royalty factor is

3.231314;

(

l) the third tier heavy oil royalty factor is

3.260439;

(

m) the old non-heavy oil select price is $26.01 per

cubic metre;

(

n) the old heavy oil select price is $26.01 per cubic

metre;

(

o) the new non-heavy oil select price is $82.89 per

cubic metre;

(

p) the new heavy oil select price is $55.91 per cubic

metre;

(

q) the third tier non-heavy oil select price is

$118.97 per cubic metre;

(

r) the third tier heavy oil select price is $118.97

per cubic metre;

(

s) the adjustment factor for old non-heavy oil is

1.040000;

(

t) the adjustment factor for old heavy oil is

1.040000.

Alberta Regulation 236/96

Apprenticeship and Industry Training Act

DESIGNATION OF OCCUPATIONS AMENDMENT REGULATION

Filed: October 3, 1996

Made by the Minister of Advanced Education and Career Development pursuant

section 36(1) of the Apprenticeship and Industry Training Act.

1 The Designation of Occupations Regulation (Alta. Reg. 67/95) is amended

by this Regulation.

Section 1 is amended by adding the following after clause (c):

(

d) effective January 1, 1997, the occupation of Construction Craft

Labourer.

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

Alberta Regulation 237/96

Apprenticeship and Industry Training Act

CONSTRUCTION CRAFT LABOURER OCCUPATION REGULATION

Filed: October 3, 1996

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 37(2) of the Apprenticeship and Industry Training Act.

Table of Contents

Definitions 1

Constitution of the occupation 2

Tasks, activities and functions 3

Educational requirement of a trainee 4

Occupational certificate 5

Previous experience 6

Coming into force 7

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Apprenticeship and Industry Training Act;

(b) "occupation" means the occupation of construction craft

labourer that is designated as a designated occupation pursuant to

section

36 of the Act;

(c) "Registrar" means a person who is recognized by the Board as

the Registrar for the occupation;

(d) "trainee" means a person who is a trainee in the occupation;

(e) "training program" means a training program in the occupation

that is approved by the Board consisting of

(

i) a term of 12 months during which a trainee must

complete at least 2000 hours of on the job experience in the occupation

under which the trainee acquires skill and knowledge in the occupation,

(ii) the formal training that is approved by the Board,

and

(iii) the taking of one or more examinations as required

by the Board for the purposes of determining whether the trainee has

acquired skill and knowledge in the occupation.

Constitution of the occupation

2 The undertakings set out in

section 2 of the

Schedule constitute the

occupation.

Tasks, activities and functions

3 When practising or otherwise carrying out work in the occupation, the

tasks, activities and functions set out in

section 3 of the

Schedule come

within the occupation.

Educational requirement of a trainee

4 The educational requirement for a trainee is the completion of an

Alberta grade 9 education or equivalent.

Occupational certificate

5(1) In order for a trainee to be eligible to be granted an occupational

certificate under

section 36(2)(

a) of the Act, the trainee must

(

a) to the satisfaction of the Board, successfully complete the

training program, and

(

b) be given a satisfactory report by the trainee's employer or

supervisor that the trainee has successfully completed the on the job

experience requirement.

(2) Notwithstanding that a person does not qualify under

section 36(2)(

a) of the Act to be granted an occupational certificate, a person may not

later than 2 years from the day on which this Regulation comes into force

be granted an occupational certificate under

section 36(2)(

b) of the Act if

the person satisfies the Registrar that the person has acquired a minimum

of 3000 hours of relevant work experience in the occupation.

(3) Notwithstanding that a person does not qualify under

section 36(2)(

a) of the Act to be granted an occupational certificate, a person may be

granted an occupational certificate under

section 36(2)(

b) of the Act if

the person

(

a) satisfies the Registrar that the person has a certificate or

document issued in another jurisdiction for a vocation that is

substantially similar to the occupation, and

(

b) successfully completes one or more examinations that are

established or otherwise recognized by the Board.

Previous experience

6 For the purposes of

section 5(1)(b), a trainee's employer or supervisor

may take into consideration any previous on the job experience in the

occupation acquired by the trainee while the trainee was previously

employed or supervised by another person.

Coming into force

7 This Regulation comes into force on January 1, 1997.

SCHEDULE

1 In this Schedule, "buildings, structures or premises" includes:

(

a) municipal sewer and water mains;

(

b) roads;

(

c) dams;

(

d) bridges;

(

e) tunnels;

(

f) railways;

(

g) canals and other similar works.

2 The undertakings that constitute the occupation are the preparation,

clean-up, material handling, demolition, excavation and compaction on or

around buildings, structures or premises.

3 When practising or otherwise carrying out work in the occupation, the

following tasks, activities and functions come within the occupation:

(

a) site preparation, maintenance and cleanup;

(

b) excavation, subgrade work and compaction;

(

c) assisting with concrete and similar work and, without limiting

the generality of the foregoing, including

(

i) placement, consolidation and strike-off of concrete

and masonry;

(ii) maintenance of curing conditions;

(iii) demolition and removal of concrete and masonry;

(iv) mixing and distribution of grout and mortar;

(

v) stock piling and distribution of masonry units and

building materials;

(vi) installation of edge forms;

(vii) cleaning and coating of formwork and stripping of

non-reusable formwork;

(viii) installation of concrete paving stones;

(

d) cleaning and securing the building site and containing

construction refuse;

(

e) operating and maintaining gasoline, pneumatic, powder actuated,

electric and hydraulic tools related to the occupation;

(

f) flame cutting of mild non-tempered steel;

(

g) operating and maintaining stationary compressors and portable

generators used in carrying out the undertakings that constitute the

occupation;

(

h) using and maintaining hand and power tools related to the

occupation;

(

i) using basic site management procedures;

(

j) assisting with survey and measurement activities related to the

occupation;

(

k) excavating, trenching, backfilling and compacting around

foundation structures with tools related to the occupation;

(

l) preparing piles and bells;

(

m) installing subgrade drainage and foundation damp-proofing;

(

n) setting up and assembling ladders and scaffolding for use by

construction craft labourers;

(

o) transporting scaffolding components to and from the site at

which the scaffolds are to be erected;

(

p) assisting with the excavation shoring and placement of

temporary enclosures;

(

q) performing rigging related to the occupation;

(

r) signalling with respect to the operation of construction

equipment;

(

s) installing, connecting, tying-in and testing works that make up

municipal sewer and water mains.

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

Alberta Regulation 238/96

Alberta Housing Act

SOCIAL HOUSING ACCOMMODATION AMENDMENT REGULATION

Filed: October 9, 1996

Made by the Minister of Municipal Affairs (M.O. H:082/96) pursuant to

section 34(1) of the Alberta Housing Act.

1 The Social Housing Accommodation Regulation (Alta. Reg. 244/94) is

amended by this Regulation.

Section 1(3) is amended

(

a) in clause (

f) by striking out "of principal";

(

b) in clause (

h) by striking out "except for lump-sum employment

settlements" after "insurance settlement";

(

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

(

p) the increase in a benefit under

section 3 of the

General Regulation (Alta. Reg. 213/94) paid as a result of the amendment

made under

section 4 of the General Amendment Regulation (Alta. Reg.

140/96).

Section 10(2) is repealed.

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

Alberta Regulation 239/96

Provincial Parks Act

FEES AMENDMENT REGULATION

Filed: October 10, 1996

Made by the Minister of Environmental Protection (M.O. 67/96) pursuant to

section 11(p)(

i) and (ii) of the Provincial Parks Act.

1 The Fees Regulation (Alta. Reg. 301/83) is amended by this Regulation.

Section 15.1 is repealed and the following is substituted:

15.1(1) This

section deals with the fees payable for facilities at

the Canmore Nordic Centre Provincial Recreation Area (in this

section

called the "Nordic Centre").

(2) Subject to this section, the fees for the exclusive use of the

facilities in the Nordic Centre are as set out in the Schedule.

(3) In subsections (4) to (7),

(a) "per day fee" means a fee prescribed in the

Schedule that is payable on a per day basis;

(b) "per night fee" means a fee prescribed in the

Schedule that is payable on a per day basis, but only for facility use

after 5:00 p.m.

(4) A person who has entered into an agreement with the Minister to

perform duties relating to the operation of the Nordic Centre as a

volunteer is not required to pay any per day or per night fee while

performing those duties.

(5) If, in the opinion of the Minister, improved management or

promotion of the Nordic Centre may be achieved, the Minister may in writing

increase, decrease or waive any per day or per night fee and specify the

dates when the increase, decrease or waiver applies.

(6) If, in the opinion of the Minister, a person is, without

receiving remuneration, engaged in an activity that enhances public

awareness of social or environmental issues that are compatible with the

programs of the Department of Environmental Protection, the Minister may,

in writing, waive any per day or per night fee for that person and specify

the dates when the waiver applies.

(7) The Minister may establish complimentary vouchers to be used

against a per day or per night fee.

(8) The vouchers must be issued in accordance with guidelines

established by the Minister.

(9) The guidelines referred to in subsection (8) are exempt from the

Regulations Act.

(10) A 10% discount on all skier fees prescribed in

Part 2 of the

Schedule applies where the skiers are members of a recognized biathlon,

cross country ski or nordic combined club that is affiliated with the

provincial or national association for the respective sport.

SCHEDULE

CANMORE NORDIC CENTRE

PART 1

FEES FOR HIRE AND RESERVATION OF FACILITIES

Daylodge (per day):

Non-Refundable

Hire Reservation Fee

Sport* Others* Sport* Others*

Meeting room A $ 20.00 $ 40.00 $ 20.00 $ 20.00

Meeting room B 40.00 80.00 20.00 20.00

Manual timing room 10.00 20.00 N/A 20.00

Cafe lounge 150.00 200.00 20.00 20.00

Teamrooms (Biathlon and Cross Country):

per day/per room $ 5.00 $ 15.00 $ N/A $ N/A

per week/per room 25.00 75.00 20.00 20.00

per month/per room 80.00 200.00 20.00 20.00

Biathlon Building: $ 40.00 $ 90.00 $ 20.00 $ 20.00

Stadiums: (Cross Country and Biathlon):

Includes fence, stadium markers, start/finish posts

Non-Refundable

Hire Reservation Fee

Sport* Others* Sport* Others*

per hour $ N/A $ N/A $ N/A $ N/A

per day 50.00 150.00 20.00 20.00

per week 500.00 1000.00 20.00 20.00

Public Announcement System (Cross Country and Biathlon):

per day $ 10.00 $ 20.00 $ N/A $ 20.00

per week 50.00 100.00 20.00 20.00

Audio-Visual Equipment:

per day $ 10.00 $ 15.00 $ N/A $ N/A

On the use of the facilities, the non-refundable reservation fee is to be

applied to the fees for the hire of the facilities.

* "Sport" indicates that the facility is hired by a group that is a

non-profit organization whose primary purpose is the advancement of

sporting activities among its members, and

"Others" indicates that the facility is hired by any other group or

person.

N/A indicates not available for such use or not applicable.

PART 2

SKIER FEES

Per Day Per Night

Ticket Fees Ticket Fees

Adult (18 yrs & over, except seniors) $ 5.00* $ 2.50*

Senior (55 yrs +) 4.00* 2.00*

Junior (12 yrs - 17 yrs) 4.00* 2.00*

Child (6 yrs - 11 yrs) 3.00* 1.50*

Child under 6 yrs FREE FREE

Per Day Per Night

Ticket Fees Ticket Fees

Competitions/Training Camps

(per competitor/trainee) 3.00* 3.00*

Schools (per student) 2.00* 2.00*

Purchase of book of 10 per day or per night tickets entitles purchaser to

one complimentary voucher.

* Fees for per day tickets and per night tickets are inclusive of federal

goods and services tax.

Prebooking of 10 or more purchasers entitles group to a 10% discount.

Per night indicates a per day basis, for use only after 5:00 p.m.

Season Pass Fees:

Others

Adult (18 yrs) $ 67.50

Junior (12 yrs - 17 yrs) 54.00

Senior (55 yrs +) 54.00

Child (6 yrs - 12 yrs) 38.50

Family - two members 103.50

- three or more members 139.50

 Same surname and living at same residential address.

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

Alberta Regulation 240/96

Marketing of Agricultural Products Act

CATTLE MARKETING AMENDMENT REGULATION

Filed: October 10, 1996

Made by the Alberta Cattle Commission pursuant to

section 26 of the

Marketing of Agricultural Products Act.

1 The Cattle Marketing Regulation (Alta. Reg. 347/88) is amended by this

Regulation.

Section 5 is repealed and the following is substituted:

Service charges

5(1) A producer who sells cattle shall pay to the Commission a

service charge in the amount of $1.50 per head of cattle sold by that

producer.

(2) The service charge referred to in subsection (1) is payable to

the Commission in accordance with the following:

(

a) the service charge is payable by the producer, and

if the service charge is not deducted from the money payable to the

producer, in accordance with this subsection, the producer is liable to the

Commission for the amount not deducted;

(

b) either the purchaser, the purchaser's agent or the

producer's agent shall deduct the amount of the service charge from the

money payable to the producer and, if they fail to do so, all of them are

jointly and severally liable to the Commission for the amount of the

service charge;

(

c) notwithstanding clause (b), where the sale of

cattle is conducted by an auction market, the auction market shall deduct

the amount of the service charge from the money payable to the producer,

and none of the persons referred to in clause (

b) are liable for the amount

of the service charge;

(

d) a person who is responsible for deduction of the

service charge shall pay the amount of the service charge deducted to the

Commission and account to the Commission for it by the 25th day of the

month next following the month in which the service charge was or should

have been deducted;

(

e) the accounting to the Commission required by clause

(

d) shall be in a form prescribed by the Commission.

(3) The amount of a service charge that is not deducted and paid as

required by this Regulation is a debt owing to the Commission and may be

recovered by action against

(

a) the producer in a case to which subsection (2)(

a) applies,

(

b) any or all of the persons referred to in subsection

(2)(b), jointly and severally, in a case to which subsection (2)(

b) applies, or

(

c) the auction market that conducted the sale, in a

case to which subsection (2)(

c) applies.