Alberta Beef Producers Plan Regulation

Link to law: http://www.qp.alberta.ca/1266.cfm?page=2009_286.cfm&leg_type=Regs&isbncln=9780779786619&display=html
Published: 2015

AR 286/2009 ALBERTA BEEF PRODUCERS PLAN REGULATION (Consolidated up to 88/2015)
ALBERTA REGULATION 286/2009
Marketing of Agricultural Products Act
ALBERTA BEEF PRODUCERS PLAN REGULATION
Table of Contents
                1      Interpretation
Part 1 Plan
                2      Plan and Commission continued
                3      Application                 4      Purpose of Plan
             4.1      Regulations to operate Plan
Part 2 Requirements Respecting the Operation of the Plan
                6      Duty to administer
                7      Bylaws
                8      Commission meetings
                9      Delegate meetings
              10      Zone producer meetings
              11      Notice of meetings
              12      Quorum
              13      Auditor
Part 3 Commission Members
              14      Commission
              15      Elections and term of office
              16      Removal
              17      Vacancy
              18      Appointment of returning officer
Part 4 Election of Commission
              19      Voting
              20      Destruction of ballots, etc.
              21      Election irregularities
              22      Vacancy
              25      Review
Schedule
Interpretation
1(1)  In this Regulation,
                               (a)    “Act” means the Marketing of Agricultural Products Act;
                           (a.1)    “assets” means economic resources controlled by the body as a result of past transactions and from which future economic benefits may be obtained;
                           (a.2)    “auditor” means a person registered under the Regulated Accounting Profession Act or a firm or partnership of those persons;
                              (b)    “bylaw” means a bylaw of the Commission;
                               (c)    “Canada Act” means the Farm Products Agencies Act (Canada); 
                              (d)    “Canada Board” means the Canadian Beef Cattle Research, Market Development and Promotion Agency established pursuant to the Farm Products Agencies Act (Canada); 
                               (e)    “cattle” means an animal of the species Bos taurus or Bos indicus;
                               (f)    “cattle council” means a body provided for in the bylaws for the purpose of electing Commission directors to represent a specific industry interest; 
                               (g)    “cattle products” means
                                        (i)    beef, or
                                      (ii)    offal, hides or other by‑products from the slaughter and processing of cattle;
                              (h)    “Commission” means Alberta Beef Producers;  
                               (i)    “Commission meeting” means a meeting of the Commission directors;
                               (j)    “Commission regulation” means the Alberta Beef Producers Commission Regulation (AR 204/98);
                              (k)    “dealer” means a person who is required to be or who is licensed as a livestock dealer or livestock dealer’s agent under the Livestock Identification and Commerce Act;
                               (l)    “delegate” means an individual elected or appointed as a delegate as provided for in the bylaws; 
                             (m)    “delegate meeting” means a meeting of the delegates of the Commission;
                          (m.1)    “investment” means a commitment of assets in order to gain a financial return but does not include an expenditure of assets for the purposes of research and development or current operations;
                              (n)                  “Plan” means the Alberta Beef Producers Plan; 
                              (o)    “producer” includes a person who
                                        (i)    raises, feeds or owns cattle,
                                      (ii)    is entitled to a share of the cattle raised by a producer or any portion of the revenue derived from the sale of the cattle, or
                                     (iii)    takes possession of cattle from a producer under a security interest as defined in the Personal Property Security Act or any other security for a debt;
                              (p)    “producer meeting” means a meeting of the producers of a specific zone as provided for in the bylaws;
                              (q)    “regulated product” means cattle and cattle products;
                               (r)    “zone” means a zone as described in the Schedule.
AR 286/2009 s1;28/2011; 88/2015 s2
Part 1 Plan
Plan and Commission continued
2   The Alberta Beef Producers Plan and Alberta Beef Producers continued under the Alberta Beef Producers Plan Regulation (AR 336/2003) are continued under this Regulation.
Application
3   The agricultural products to which this Plan applies are cattle and cattle products.
Purpose of Plan
4(1)  The purpose of this Plan is to enable the Commission to initiate and carry out projects or programs respecting the production or marketing of the regulated product.
(2)  Without limiting subsection (1), the Commission may
                               (a)    initiate and carry out projects and programs for the following purposes:
                                        (i)    to assist, educate and inform producers, dealers, processors and other persons with a commercial interest in the cattle industry in developing and improving their production and marketing of the regulated product;
                                      (ii)    to expand market awareness and demand for cattle and cattle products, including the development and promotion of markets for the regulated product and the education of consumers;
                                     (iii)    to generally develop and promote the cattle industry;
                                     (iv)    to advise and lobby government on matters concerning the cattle industry;
                                       (v)    to research and study the production, marketing and processing of the regulated product, including studies and research concerning the improvement of the regulated product and the development and use and consumption of the regulated product;
                                     (vi)    to support and co‑operate with other persons and with governments when, in the opinion of the Commission, such support and co‑operation will further the purposes of this Plan and the objects of the Commission;
                                    (vii)    to communicate with producers, dealers, processors and other persons with a commercial interest in the cattle industry and to communicate with the public;
                              (b)    become a member of, elect or appoint individuals to sit as directors or members of and contribute funds to any provincial or national task force, committee, group, organization, agency or person when, in the opinion of the Commission, that membership, election, appointment or contribution will further the purposes of this Plan and the objects of the Commission;
                               (c)    co‑operate with or act as an agent of the Canada Board;
                              (d)    enter into an agreement with the Canada Board to support the establishment and operation of a promotion and research agency under the Canada Act;
                               (e)    repealed AR 170/2010 s2.
(3)  The Commission must pay all levies collected from producers on behalf of the Canada Board to the Canada Board.
AR 286/2009 s4;170/2010
Regulations to operate Plan
4.1(1)  For the purposes of enabling the Commission to operate this Plan, the Commission may be empowered by the Council, pursuant to section 26 of the Act, to make regulations
                               (a)    requiring producers engaged in the marketing of a regulated product to register their names and addresses with the Commission,
                              (b)    requiring any person who produces, markets or processes a regulated product to furnish to the Commission any information or record relating to the production, marketing or processing of the regulated product that the Commission considers necessary,
                               (c)    providing for
                                        (i)    the assessment, charging and collection of service charges from producers from time to time for the purposes of this Plan,
                                      (ii)    the assessment, charging and collection of levies from producers from time to time for the purposes of this Plan, and
                                     (iii)    the taking of legal action to enforce payment of the service charges and levies, as the case may be,
                              (d)    requiring any person who receives a regulated product from a producer
                                        (i)    to deduct from the money payable to the producer any service charges or levies, as the case may be, payable by the producer to the Commission, and
                                      (ii)    to forward the amount deducted to the Commission,
                                   (d.1)    respecting the circumstances, if any, under which a service charge may be refunded to a producer;
                               (e)    providing for the use of any class of service charges, levies or other money payable to or received by the Commission for the purpose of paying its expenses and administering this Plan and the regulations made by the Commission, and
                               (f)    providing for payment to the Canada Board of money that is payable under the Canada Act.
(2)  Repealed AR 23/2013 s2.
AR 170/2010 s3;23/2013;88/2015
5   Repealed AR 88/2015 s4.
Part 2 Requirements Respecting the Operation of the Plan
Duty to administer
6(1)  The Commission is responsible for the administration of
                               (a)    this Plan, and
                              (b)    the Commission regulation, as well as the bylaws and policies made by the Commission.
(2)  The Commission may delegate a power, duty or function of the Commission, excluding the power to make regulations, bylaws or policies.
(3)  The Commission
                               (a)    when investing its assets must make prudent investments in accordance with the requirements of section 3 of the Trustee Act respecting the investment of assets and may delegate to an agent in accordance with section 5(1) to (3) of that Act;
                              (b)    must establish policies respecting the management of its assets as required by the Operation of Boards and Commissions Regulation (AR 26/99);
                               (c)    subject to section 5, to finance the purposes of the Plan, may retain earnings and revenues from year to year.
AR 286/2009 s6;28/2011
Bylaws
7(1)  Without restricting section 16 of the Interpretation Act, the Commission may make bylaws for the purpose of administering this Plan.
(2)  The bylaws form a part of this Plan to the extent they do not conflict with the Act, this Plan and the Commission regulation.  To the extent there might be a conflict, the Act, this Plan and the Commission regulation prevail.
(3)  A bylaw, including an amendment or repeal, is not effective until it is approved
                               (a)    by a two‑thirds majority vote of the delegates at an annual delegate or special delegate meeting, and
                              (b)    by the Council if the bylaw is in respect of
                                        (i)    an election or appointment under the Plan with respect to a Commission director or delegate, including those bylaws addressing vacancies and removal,
                                      (ii)    the maximum number of consecutive terms that may be served as a Commission director, and
                                     (iii)    a matter specified in writing by the Council.
(4)  The Commission shall make bylaws with respect to at least the following:
                               (a)    the notice to be given to a Commission director of a Commission meeting under section 11(1);
                              (b)    providing for the election and appointment of producers as delegates in respect of a zone and, if any, a cattle council, including eligibility requirements, filling vacancies and removal from office;
                               (c)    setting out eligibility requirements with respect to voting and running for office as a Commission director or a delegate;
                              (d)    providing for the election of Commission directors as the chair, vice‑chair or finance chair of the Commission;
                               (e)    the maximum number of consecutive terms that may be served as a Commission director;
                               (f)    the removal of Commission directors from office;
                               (g)    any other matter required by this Plan, the Commission regulation or by a written request of the Council to be addressed by bylaw.
AR 286/2009 s7;88/2015
Commission meetings
8(1)  The Commission shall hold a Commission meeting at least 4 times per year as provided for in the bylaws.
(2)  The Commission shall also hold a Commission meeting on the written request of
                               (a)    the Commission chair,
                              (b)    a majority of Commission directors, or
                               (c)    the Council.
AR 286/2009 s8;88/2015
Delegate meetings
9(1)  The Commission shall hold an annual delegate meeting at least once each year and no later than 15 months after the previous annual delegate meeting.
(2)  The Commission shall hold a special delegate meeting on the written request of
                               (a)    no less than 25% of the delegates, or
                              (b)    the Council.
(3)  Subsection (2) does not limit the ability of the Commission to hold a special delegate meeting on its own initiative.
Zone producer meetings
10(1)  The Commission shall hold an annual producer meeting for each zone before it holds the annual delegate meeting referred to in section 9.
(2)  The Commission shall hold a special producer meeting on the written request of
                               (a)    25 producers who are eligible to vote at a meeting in that zone, or
                              (b)    the Council.
(3)  An annual or special producer meeting may be held over a series of individual meetings, the total of which shall constitute the annual or special producer meeting, as the case may be.
(4)  Subsection (2) does not limit the ability of the Commission to hold a special producer meeting on its own initiative.
Notice of meetings
11(1)  The chair of the Commission shall give notice of a Commission meeting to the Commission directors in accordance with the bylaws.
(2)  The Commission shall give written notice of
                               (a)    a delegate meeting by sending the notice to the last known physical or electronic address of each delegate in the records of the Commission, or
                              (b)    a producer meeting by publishing the notice in a newspaper circulating in the respective zone.
(3)  A notice required to be given or published under subsection (2) shall
                               (a)    be given or published at least 15 days in advance of the meeting, and
                              (b)    set out the time, location, date and purpose of the meeting.
AR 286/2009 s11;88/2015
Quorum
12(1)  For a Commission meeting, quorum is a majority of its directors.
(2)  For a delegate meeting, quorum is a majority of the delegates.
(3)  For a producer meeting for a zone, quorum is 15 producers and, if the meeting is held over a series of meetings, not less than 5 producers per meeting.
AR 286/2009 s12;88/2015
Auditor
13(1)  The Commission shall have an auditor.
(2)  The auditor shall be appointed by a vote of the delegates at an annual or special delegate meeting.
Part 3 Commission Directors
Commission
14(1)  The Commission shall consist of
                               (a)    9 directors, one elected by and from the delegates of each zone as provided for in the bylaws,
                              (b)    the directors elected by and from the delegates of each cattle council as may be provided for in the bylaws, if any,
                               (c)    the directors elected by the delegates at large as may be provided for in the bylaws, if any, and
                              (d)    one additional director if subsection (2) applies.
(2)  If a Commission director holding office under subsection (1)(a) or (b) is elected as the chair of the Commission, that director is considered
                               (a)    to have ceased to hold the office referred to in subsection (1)(a) or (b), and
                              (b)    to be holding office under section subsection (1)(d)
during the period that the Commission director is the chair.
(3)  If a Commission director holding office under subsection (1)(d) ceases to be the chair,
                               (a)    that Commission director resumes holding office under subsection (1)(a) or (b), as the case may be, until the expiry of that director’s term, and
                              (b)    the Commission director who was elected to fill the vacancy during the period that that Commission director was the chair ceases to hold office.
AR 286/2009 s14;88/2015
Elections and term of office
15(1)   An election for an office referred to in section 14(1)(a) to (c) shall be held a reasonable time before or during every annual delegate meeting as provided for in the bylaws.
(2)  The term of office of a Commission director, with respect to a specific office, commences or expires, as the case may be, on the declaration of the election results at the annual delegate meeting.
AR 286/2009 s15;88/2015
Removal
16   A Commission director may be removed from office as provided for in the bylaws.
AR 286/2009 s16;88/2015
Vacancy
17(1)  If a Commission director holding office under section 14(1)(a) or (b) ceases to hold office before the expiry of that director’s term, an election shall be held as provided for in the bylaws to fill the unexpired portion of the term.  
(2)  Despite subsection (1), if no delegate stands for election, a delegate may be appointed to fill the unexpired portion of the term in accordance with the bylaws and subject to the approval of the Commission.
(3)  If a Commission director holding office under section 14(1)(c) ceases to hold office before the expiry of that director’s term, the Commission may, subject to the approval of the Council, appoint a delegate to fill the unexpired portion of the term.
AR 286/2009 s17;88/2015
Appointment of returning officer
18(1)  The Commission shall appoint a returning officer with respect to an election held under this Plan or the bylaws.
(2)  The returning officer may appoint deputy returning officers.
(3)  The returning officer, in respect of an election under this Plan or the bylaws,
                               (a)    shall compile and maintain a voters list of delegates who are entitled to vote under this Plan and the bylaws,
                              (b)    may compile and maintain a voters list of producers or persons who are entitled to elect a delegate under this Plan and the bylaws,
                               (c)    shall ensure that a person does not cast a vote in an election for a Commission director or delegate except in accordance with this Plan and the bylaws, and
                              (d)    shall permit scrutiny by a candidate’s scrutineer of all the actions of the returning officer and the deputy returning officers.
AR 286/2009 s18;88/2015
Part 4 Election of Commission
Voting
19   A person is not entitled to vote in an election for a delegate or a Commission director unless that person is eligible to vote in accordance with the bylaws.
AR 286/2009 s19;88/2015
Destruction of ballots, etc.
20   Unless otherwise directed by the Council, no person shall destroy any records or ballots in respect of an election until 45 days have elapsed from the date of the election.
Election irregularities
21(1)  A producer may apply to the Council in writing to have an election of a delegate or a Commission director declared invalid within 30 days of the election on the following grounds:
                               (a)    the eligibility of a candidate;
                              (b)    the eligibility of a voter;
                               (c)    a matter relating to a ballot or the tabulation of ballots;
                              (d)    an irregularity with respect to the conduct of an election.
(2)  If an application is received in accordance with subsection (1), the Council shall order a new election if the Council considers that
                               (a)    the candidate was not eligible, or
                              (b)    the matter complained of materially affected the result of the election.
(3)  If an application is not received in accordance with subsection (1), then the election is deemed to have been valid.
AR 286/2009 s21;88/2015
Vacancy
22   To address a vacancy that arises as a result of the operation of section 21, the Council may
                               (a)    require a new election be held, 
                              (b)    appoint an individual who is eligible to be elected, or
                               (c)    leave the vacancy to be addressed as may be provided for under this Plan or the bylaws.
23   Repealed by AR 88/2015 s18.
24   Repealed by AR 88/2015 s17.
Review
25   In compliance with the ongoing regulatory review initiative, this Regulation must be reviewed on or before June 30, 2020.
AR 286/2009 s25;88/2015
Schedule   
Zones
1   Zone 1 is comprised of those lands that are located within the following areas:
                               (a)    Vulcan County;
                              (b)    County of Newell;
                               (c)    County of Forty Mile No. 8;
                              (d)    Cypress County;
                               (e)    M.D. of Taber;
                               (f)    that area of Special Area No. 2 that lies south of the Red Deer River;
                               (g)    any city, town or village that is encompassed by the land described in clauses (a) to (f). 2   Zone 2 is comprised of those lands that are located within the following areas:
                               (a)    County of Warner No. 5;
                              (b)    Lethbridge County;
                               (c)    Cardston County;
                              (d)    M.D. of Pincher Creek No. 9;
                               (e)    M.D. of Willow Creek No. 26;
                               (f)    M.D. of Ranchland No. 66;
                               (g)    Municipality of Crowsnest Pass;
                              (h)    I.D. No. 4 (Waterton);
                               (i)    Kananaskis Improvement District;
                               (j)    any city, town or village that is encompassed by the land described in clauses (a) to (i).
3   Zone 3 is comprised of those lands that are located within the following areas:
                               (a)    Wheatland County;
                              (b)    Mountain View County;
                               (c)    M.D. of Bighorn No. 8;
                              (d)    M.D. of Foothills No. 31;
                               (e)    Rocky View County;
                               (f)    I.D. No. 9 (Banff);
                               (g)    any city, town or village that is encompassed by the land described in clauses (a) to (f).
4   Zone 4 is comprised of those lands that are located within the following areas:
                               (a)    County of Paintearth No. 18;
                              (b)    Flagstaff County;
                               (c)    M.D. of Acadia No. 34;
                              (d)    M.D. of Provost No. 52;
                               (e)    M.D. of Wainwright No. 61;
                               (f)    that area of Special Area No. 2 that lies north of the Red Deer River;
                               (g)    Special Area No. 3;
                              (h)    Special Area No. 4;
                               (i)    any city, town or village that is encompassed by the land described in clauses (a) to (h).
5   Zone 5 is comprised of those lands that are located within the following areas:
                               (a)    County of Stettler No. 6;
                              (b)    Lacombe County;
                               (c)    Red Deer County;
                              (d)    Starland County;
                               (e)    Kneehill County;
                               (f)    Clearwater County;
                               (g)    Town of Drumheller;
                              (h)    any city, town or village that is encompassed by the land described in clauses (a) to (g).
6   Zone 6 is comprised of those lands that are located within the following areas:
                               (a)    Ponoka County;
                              (b)    Beaver County;
                               (c)    County of Wetaskiwin No. 10;
                              (d)    Strathcona County;
                               (e)    Camrose County;
                               (f)    Leduc County;
                               (g)    Parkland County;
                              (h)    I.D. 13 (Elk Island);
                               (i)    Brazeau County;
                               (j)    City of Edmonton;
                              (k)    any city, town or village that is encompassed by the land described in clauses (a) to (j).
7   Zone 7 is comprised of those lands that are located within the following areas:
                               (a)    Thorhild County;
                              (b)    County of Barrhead No. 11;
                               (c)    Athabasca County;
                              (d)    Lac Ste. Anne County;
                               (e)    Woodlands County;
                               (f)    M.D. of Opportunity No. 17;
                               (g)    Sturgeon County;
                              (h)    Westlock County;
                               (i)    Yellowhead County;
                               (j)    M.D. of Lesser Slave River No. 124;
                              (k)    I.D. No. 12 (Jasper National Park);
                           (k.1)    Municipality of Jasper;
                               (l)    I.D. No. 25 (Willmore Wilderness);
                             (m)    any city, town or village that is encompassed by the land described in clauses (a) to (l).
8   Zone 8 is comprised of those lands that are located within the following areas:
                               (a)    Smoky Lake County;
                              (b)    County of St. Paul No. 19;
                               (c)    County of Two Hills No. 21;
                              (d)    County of Vermilion River;
                               (e)    County of Minburn No. 27;
                               (f)    Lamont County;
                               (g)    M.D. of Bonnyville No. 87;
                              (h)    Regional Municipality of Wood Buffalo;
                               (i)    I.D. No. 24 (Wood Buffalo);
                               (j)    Lac La Biche County;
                            (j.1)    I.D. No. 349;
                              (k)    any city, town or village that is encompassed by the land described in clauses (a) to (j).
9   Zone 9 is comprised of those lands that are located within the following areas:
                               (a)    County of Grande Prairie No. 1;
                              (b)    M.D. of Greenview No. 16;
                               (c)    Birch Hills County;
                              (d)    Saddle Hills County;
                               (e)    Clear Hills County;
                               (f)    County of Northern Lights;
                               (g)    Mackenzie County;
                              (h)    M.D. of Big Lakes;
                               (i)    M.D. of Smoky River No. 130;
                               (j)    Northern Sunrise County;
                              (k)    M.D. of Spirit River No. 133;
                               (l)    M.D. of Peace No. 135;
                             (m)    M.D. of Fairview No. 136;
                              (n)    any city, town or village that is encompassed by the land described in clauses (a) to (m).
AR 286/2009 Sched.;88/2015
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