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Beekeepers Commission of Alberta Marketing Regulation


Published: 2012

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AR 73/2006 ALBERTA BEEKEEPERS MARKETING REGULATION (Consolidated up to 100/2012)
ALBERTA REGULATION 73/2006
Marketing of Agricultural Products Act
BEEKEEPERS COMMISSION OF ALBERTA MARKETING REGULATION
Table of Contents
                1       Definitions
                2       Service charge
                3       Variation of service charge                 4       Collection of service charges
                5       Refund of service charge
                6       Information
                7       Use of funds
                8       Interest
                9       Legal action
              10       Expiry
              11       Coming into force
Definitions
1(1)  In this Regulation,
                                 (a)    “Act” means the Marketing of Agricultural Products Act;
                                 (b)    “Commission” means the Beekeepers Commission of Alberta;
                                 (c)    “Plan” means the Beekeepers Commission of Alberta Plan Regulation.
(2)  Words that are defined in either the Act or the Plan have the same meaning when used in this Regulation.
AR 73/2006 s1;99/2011
Service charge
2(1)  Every producer with 100 or more colonies in Alberta must pay to the Commission a service charge of $50 plus $0.75 per colony per year.
(2)  A producer with fewer than 100 colonies in Alberta may pay to the Commission a service charge per year that is equal to the service charge payable by a producer who has 100 colonies.
AR 73/2006 s2;166/2009;100/2012
Variation of service charge
3   The Commission may vary the amount of the service charge if the variation of the service charge is approved by the eligible producers at an annual Commission meeting or a special Commission meeting.
Collection of service charges
4   Each eligible producer must, at the end of each crop year, forward to the Commission on or before the next September 30 the service charge that is payable to the Commission in respect of that year.
Refund of service charge
5(1)  Any service charge that is paid by or on behalf of a producer must be refunded to the producer on request of the producer.
(2)  A request for a refund of the service charge must
                                 (a)    be made in writing on a form that is provided by or acceptable to the Commission, and
                                 (b)    contain the following information:
                                           (i)    the producer’s name;
                                          (ii)    the producer’s mailing address and telephone number;
                                         (iii)    the number of colonies registered under the Bee Act;
                                         (iv)    any specifics of the refund that are requested by the Commission.
(3)  Requests for refunds of service charges must be received by the Commission at its office prior to the end of October in the same crop year for which the service charges apply.
(4)  Any request for a refund that is not received by the Commission within the time period specified under subsection (3) will not be considered by the Commission and the producer will not be entitled to a refund in respect of the service charges in question.
(5)  Notwithstanding subsection (4), the Commission may, if it is satisfied that extenuating circumstances exist that warrant its doing so, accept an application for the purpose of making a refund where the application is received after the time period referred to in subsection (3).
(6)  The Commission must refund the service charges to the producer within 90 days
                                 (a)    from the end of the period in which the request for a refund of the service charges is received in accordance with subsection (3), or
                                 (b)    from the date the request for a refund is accepted under subsection (5).
Information
6   The Commission may request from a producer the following information:
                                 (a)    the amount of regulated product marketed by a producer and the details of the marketing;
                                 (b)    the amount of regulated product marketed by a person and the manner in which the regulated product is marketed;
                                 (c)    any other general information relating to production and marketing of the regulated product that the Commission requires to carry out its purposes under the Act and the Plan.
Use of funds
7   Any funds received by the Commission under the Plan and any interest that accrues in respect of those funds must be used by the Commission for the purposes of paying its expenses and administering the Plan and the regulations.
Interest
8   Interest must be paid to the Commission for any late payment of service charges at the rate of 1% per month calculated on the balance due.
Legal action
9   The Commission may commence and maintain any legal action that is necessary to enforce the payment of service charges that are payable under the Plan and this Regulation.
Expiry
10   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on May 31, 2016.
AR 73/2006 s10;99/2011
Coming into force
11   This Regulation comes into force on April 1, 2006.